Bedford

Show detailed information about district and contract

DistrictBedford
Shared Contract District
Org Code230000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersShawsheen Valley RTSD
CountyMiddlesex
ESE RegionGreater Boston
Urban
Kind of Communityeconomically developed suburbs
Number of Schools4
Enrollment2429
Percent Low Income Students8
Grade StartPK or K
Grade End12
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AGREEMENT BETWEEN THE

 

BEDFORD SCHOOL COMMITTEE

 

AND THE

 

BEDFORD EDUCATION ASSOCIATION

 

2011 - 2014

 

THIS AGREEMENT made and entered into on this 1st day of July 2011 by the Bedford School Committee

 

(hereinafter referred to as the Committee) and the Bedford Education Association (hereinafter referred to as the Association) and continues to June 30, 2014.

 

ARTICLE 1 Recognition

 

1-01 The Committee recognizes the Association as the exclusive bargaining agent for all regular professional employees employed half time or more (with the exception of executive officers and administrative personnel, including the Superintendent of Schools, Director of Finance, Assistant Superintendent of Schools, Director of Curriculum and Instruction, Principals, and the Director of Special Education) for the purpose of negotiations with respect to wages, hours and other conditions of employment under provisions of Massachusetts General Laws, Chapter 150 E.

 

ARTICLE 2

 

Committee Rights and Responsibilities

 

2-01 Nothing in this Agreement shall be deemed to derogate from or impair any power, right or duty conferred upon the Committee by statute, or any rule or regulation of any agency of the Commonwealth. Except as specifically limited by this Agreement, the Committee retains all of the powers, rights and duties that it has by law and may exercise the same at its discretion without any such exercise being made the subject of the grievance and arbitration procedures.

 

ARTICLE 3

 

Association Rights and Responsibilities

 

3-01 The Association and the Committee agree that collective bargaining matters will be handled during non-school hours whenever possible.

 

3-02 If negotiation meetings between the Committee and the Association are, by mutual consent, scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary to permit their participation in such meetings. If necessary, after reasonable efforts by the Association's representatives to secure their own substitutes, it will be the Administration's responsibility to provide substitutes, if such negotiation meetings are scheduled during the school day at the request of the Administration.

 

3-03 When it is necessary for a representative of the Association to investigate a grievance or attend a grievance meeting or hearing during a school day, he/she will, upon notice to his/her principal and to the Superintendent, be released without loss of pay as necessary in order to permit his/her participation in the foregoing activities. If necessary, the Administration will provide a substitute if such meeting or hearing is scheduled at its request.

 

3-04 Any teacher whose appearance in such investigations, meetings, or hearings, as a witness, is necessary will be accorded the same right as in 3-03.

 

3-05 The Association agrees that these rights will not be abused and that whenever possible, grievance committee investigations and proceedings should take place after normal school hours so as not to impair the right of the student to his/her regular teacher.

 

3-06 There will be no reprisals of any kind taken against any teacher by reason of his/her membership in the Association or participation in its lawful activities.

 

3-07 It shall be unlawful for any employee to engage in, induce, or encourage any strike, work stoppage, slowdown or withholding of services by such employees.

 

3-08 Effective September of 2000, the President of the Association shall be relieved of one period of teaching assignment. The Association will reimburse the School District $2,500 per year as compensation for the reduced teaching load. If the President is an elementary teacher, the load reduction will be negotiated with the Superintendent.

 

3-09 Each individual School Council shall provide to the President of the Association all agendas and minutes, produced by school councils when said information is made available to council members.

 

3-10     The President of the Association shall also receive a copy of the School Improvement Plan

 

3-11 At the request of the Association, the District will provide lists of members covered by the BEA contract that include contact information, employment status, insurance premium deductions, dues deduction rates, seniority information, longevity information and other employment information that would be useful for negotiations preparations and membership information.

 

3-12 At the request of the Association, the Superintendent will allow the allotted number of teacher delegates to attend the Statewide Meeting of Delegates of the MTA provided that the BEA will cover the cost of substitute coverage and/or arrange for other teachers to cover the delegates' work duties.

 

ARTICLE 4

 

Association Dues and Agency Fees

 

4-01 The Committee recognizes the right of the Association to collect an agency fee from all non-members for whom the Association bargains. As a condition of his/her continued employment while this Agreement shall continue in effect, every employee covered by this Agreement if and when not a member in good standing of the Association, shall pay to the Association a fee to be determined by the Executive Board of the Association but not to exceed an amount proportionately commensurate with the costs of collective bargaining and contract administration; provided, however, that in no case shall such condition arise before the 30th day next following the date of the beginning of the employee's employment or the effective date of this Agreement, whichever date shall be the later.

 

4-02     Authorized deductions may be taken out in equal monthly payments.

 

4-03 The Association will hold the Committee harmless and indemnify the Committee for any expenses incurred in the administration and enforcement of Article 4 including but not limited to attorney's fees and cost, but excluding incidental clerical cost, provided:

 

a. the Committee expeditiously fulfills its obligations under this Article;

 

b. the Association reserves the right to select or assign counsel of its own choice, the Committee cooperates with said counsel in the conduct of the case; and,

 

c. the Association retains full control over the conduct of the case.

 

ARTICLE 5 Grievance Procedure

 

5-01     "Grievance" within the meaning of the grievance procedure and of the arbitration clause shall consist only of disputes about the interpretation or application of particular clauses of this Agreement and about alleged violation of the Agreement.

 

5-02 Level One: An employee with a grievance shall present it in writing to the building principal or appropriate administrator who shall respond to said grievance in writing within five (5) school days.

 

5-03 Level Two: If the grievance has not been resolved to the satisfaction of the employee and the Association, the employee or the Association may within five (5) school days of receipt of the Level One decision present the grievance in writing to the Superintendent or his/her designee. Within five (5) school days after receiving a grievance, the Superintendent or his/her designee shall meet with the employee and the Association representative in an attempt to resolve the grievance. The Superintendent or his/her designee shall respond to the grievance in writing within five (5) school days of said meeting.

 

5-04 Level Three: If the grievance is not resolved to the satisfaction of the employee and the Association, the employee or the Association may within five (5) school days of receipt of the Level Two decision submit the grievance in writing to the School Committee. Within ten (10) school days or at the next scheduled meeting of the School Committee, whichever is later, the School Committee shall meet with the employee and representatives of the Association for the purpose of hearing the arguments of the parties involved and attempt to resolve the grievance. Within ten (10) school days following said meeting the School Committee shall respond to the grievance and provide rationale for its decision in writing.

 

5-05 Level Four: If the grievance is not resolved to the satisfaction of the Association it may within ten (10) school days following receipt of the Level Three decision, submit the grievance to the American Arbitration Association for disposition in accordance with the applicable rules of the American Arbitration Association unless the parties have agreed to submit the grievance for arbitration to some other neutral arbitrator. The fees of the American Arbitration Association and of the Arbitrator and the expenses of any required hearings shall be shared equally by the School Committee and the Association, but each shall bear the expenses of its representatives, participants, witnesses, and for the preparation and representation of its own case.

 

5-06 The Arbitrator's award shall be in writing and shall set forth his/her findings of fact with reasoning and conclusions. He/she shall arrive at his/her decision solely upon the facts, evidence, and contentions presented by the parties through the arbitration proceeding. The jurisdiction of the Arbitrator shall be limited to the interpretation and application of the terms of the Agreement. The Arbitrator shall not have the authority to alter, modify or amend this Agreement. The decision of the Arbitrator within the scope of his/her jurisdiction shall be final and binding upon the parties thereto.

 

5-07 If at the end of fifteen school days next following the event or occurrence which occasioned the grievance or the date of first knowledge of the event or occurrence by an employee affected by it the grievance shall not have been presented at Level One of the grievance procedure, 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 it is not presented within the time specified, the employee and/or the Association may proceed to the next level. The parties may mutually extend the specified times.

 

5-08 No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the Bedford Public Schools for any employee involved in such grievance.

 

5-09 If any employee covered by this Agreement shall present his/her own grievance in writing without representation by the Association, the disposition, if any, of the grievance shall be consistent with the provisions of this Agreement; and if the Association shall so desire, it shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

 

5-10 If a grievance affects a group or classification of employee, the Association has the right to process the grievance.

 

5-11 Should a grievance be settled at any level below the School Committee, it is understood that the specific grievance is settled without prejudice and without precedent. Since the School Committee by law is responsible for making of policy, only the School Committee can settle a grievance in which both precedent and prejudice are involved.

 

Professional Employment Policy

 

6-01 The Committee and the Association agree that it is a beneficial educational policy to maintain a high percentage of experienced personnel on the staff of every school.

 

6-02 It shall be stated policy of the School Committee to employ whenever possible in the best interest of the public schools such teachers and such other professional personnel serving the schools in a supervisory capacity who are certified under the requirements of the Massachusetts Board of Education. Uncertified teachers and supervisory personnel may be appointed provided application for certification in Massachusetts has been submitted to the Board and is still pending, or provided such application will be made within three months after the start of employment in the local school system. Professional personnel for whom certification is required must obtain said certification within a period not to exceed three school years from the date of commencement of local employment. Professional personnel requiring certification and not having achieved certification within the three-year period shall not be placed on professional teacher status. The School Committee reserves the right to appoint uncertified professional personnel through the waiver request process when it is deemed to be in the best educational interests of the pupils and school system to do so or when it would constitute a great hardship in securing teachers for the schools of the town.

 

6-03 Although full-time teachers are preferred, the Committee may, at its sole discretion, employ part-time teachers subject to the following conditions:

 

a. A part-time teacher shall be placed on the salary schedule in accordance with Article 7 and shall be compensated at a prorated salary equal to the same proportion as the teacher's teaching load compares to that of a full-time teacher.

 

b. A part-time teacher shall be scheduled for a prorated share of duties, preparation time, and other responsibilities if the principal determines that it can be scheduled so as to provide for an uninterrupted workday. Part-time teachers shall be available outside of their assignments for student help.

 

c. Part-time teachers shall be given consideration for any full-time vacancy for which they apply provided they meet the minimum qualifications as established by the Committee for the position.

 

ARTICLE 7

 

Teacher Employment

 

7-01 Teachers entering the Bedford system shall receive credit for previous public and approved private school teaching experience as evaluated by the Superintendent. Normally one step on the teacher's salary schedule will be granted for each year of such experience. The Superintendent may grant fewer steps if he/she believes that the time and nature of the experience warrants such action.

 

7-02 The Superintendent of Schools will grant 1/4 to 3/4 year's experience in Industrial Arts for each year of work in related fields depending on how relevant the experience is.

 

7-03 Teachers entering the Bedford system may be granted up to three year's credit for Peace Corps, Vista, and similar educationally related experience.

 

7-04 In employing a teacher the Bedford schools will not give credit for military experience on the teacher's salary schedule unless same had been granted to the teacher by a previous school system.

 

ARTICLE 8

 

Substitute Teachers

 

8-01     No employee covered by this Agreement shall be required to procure substitutes for any absent employee.

 

Teacher Year, Day, Load

 

9-01     Teacher Year

 

a. Ten-month teachers shall be required to attend school for four days more than the students attend (184 days). The Superintendent shall schedule two of the additional days. Teachers shall earn one (1) in-service credit per year for the three (3) additional in-service days. On an individual basis due to unavoidable circumstances, in the event a teacher is absent for one (1) of three (3) of the days, the teacher will be awarded the one (1) in-service credit for that year, at the discretion of the Superintendent.

 

The work year for kindergarten teachers employed at .8 is 144 student days and four (4) additional workdays for a total of 148 workdays per school year.

 

b. The remaining two (2) additional days will be scheduled as follows: •    Two days before the first student day

 

c. The work year for teachers may, at the discretion of the Committee, start before Labor Day. Students will start after Labor Day. In any event, there will be no work scheduled on the Friday prior to Labor

 

Day.

 

d. The Association shall be consulted concerning the school calendar prior to its publication and/or adoption; however, the final decision on the school calendar shall be made by the Committee.

 

9-02 a. Except as otherwise provided for in this Article, it shall not be the intent of the school administration to require teachers to be present in school more than a combined total of thirty (30) minutes before and after the student day. The student day is defined as follows:

 

High 7:50 a.m. - 2:29 p.m. Wednesday 1:00 p.m. student dismissal

 

Middle 7:45 a.m. - 2:21 p.m. Wednesday 12:48 p.m. student dismissal

 

Lane 8:44 a.m. - 2:55 p.m. Wednesday 1:25 p.m. student dismissal

 

Davis 9:09 a.m. - 3:20 p.m. Wednesday 1:50 p.m. student dismissal

 

The time remaining on Wednesdays, after students are dismissed early, will be Teacher in-service time.

 

1. Staff and Department meetings will be held on Wednesdays after school. Consistent with Article 9-03, teachers may be required to remain in school for one hour beyond the end of the workday for the purpose of attending staff meetings.

 

2. One half (1/2) of the Wednesday early dismissal days will be teacher led to work towards meeting district goals.

 

3. The Professional Development calendar for the teacher-led Wednesday early dismissal days will be set up by the reconstituted Professional Development Committee, a representative from each building, as well as the BEA President and the Assistant Superintendent will be on the Committee.

 

This schedule will be in place for three (3) years, and will be reviewed by a Committee consisting of four representatives from the BEA and four representatives from the Administration in the fall of the 2013-2014 school year to make recommendations on the continuation, changes or alterations to the schedule.

 

b. The Administration may vary the beginning and ending times for high school teachers set forth at sub­section a. above, in the manner, and to the extent, that may be necessary to accommodate the students' course selections. Volunteers from within the department shall be solicited before any involuntary changes are made in the normal work day (alternative schedule). Teachers affected by a change in the normal work day shall be notified by August 1 preceding the new school year. No teacher shall be required to accept a change in the normal work day more than once every three school years, or for more than one period per day. If a teacher shall be affected by a change in the normal work day, the availability of such teacher for student extra help, after-school duties, and after-school meetings shall be adjusted in accordance with the change in his/her normal work day.

 

c. The normal work day for those teachers who individually deliver service to middle school and elementary school students may be varied by no more than one hour from the provisions of Section 9­02 a.

 

d. The teacher workday shall be as follows:

 

Davis: Teachers are expected in the classroom from 9:00 a.m. to 3:20 p.m. The announcement and dismissal process on non-early-release days starts at 3:20 p.m.

 

Lane: Teachers are expected to be in their classrooms from 8:35 a.m. to 2:55 p.m. The announcement and dismissal process on non-early-release days starts at 2:45 p.m.

 

Elementary teachers non-teaching duties will not exceed thirty (30) minutes weekly.

 

High: Teachers' 6-day cycle is currently: No more than 20 teaching periods, and one (1) "X" block per cycle and one (1) unassigned preparation period per day.

 

9-03     The Middle School schedule will be defined as:

 

A six (6) day rotating schedule consisting of six (6) periods per day, each 55 minutes in length and one block of advisor-advisee time. Within the six (6) day cycle, all teachers will have no more than 25 teaching periods, six (6) advisor-advisee blocks of 14 minutes in length and no less than nine (9) unassigned preparation periods each 55 minutes in length.

 

9-04 Teachers may be required to remain after the regular workday without additional compensation for up to one (1) hour twice a month to attend staff meetings. These meetings shall commence fifteen (15) minutes after the end of the student day.

 

a. High School teachers shall remain after school for 50 minutes on one (1) day per week (Monday -Thursday) and 25 minutes either before or after the student day on three (3) days per week. The exact days for each teacher or department shall be determined by the principal following consultation with the teacher, department head and/or program director.

 

b. Research committees appointment by the principal, with the approval of the superintendent, shall be eligible for in-service credit.

 

c. Normally, meetings will not be scheduled for Friday.

 

9-05 Attendance at night functions other than three (3) open houses yearly scheduled by the building principal will be voluntary for teachers. A subcommittee of teachers and administrators from the elementary level will review the start times of night functions at the elementary level.

 

9.06 The elementary teachers will have a thirty (30) minute uninterrupted lunch period between the hours of 11:00 a.m. and l:00 p.m. every day and shall not be required to perform any duties during this period.

 

9-07     Preparation time shall be free of all other activities or assignments.

 

a. Each elementary teacher is entitled to 200 minutes of preparation time each week, and no less than 30 consecutive minutes each day when achievable in a teacher's daily schedule.

 

b. Middle School teachers will be granted no fewer than nine (9) preparation periods of 55 consecutive minutes each per six (6) day cycle and at least one (1) preparation period per day of 55 consecutive minutes.

 

c.   High School teachers will be granted at least one (1) preparation period per day of 69/70 consecutive minutes.

 

9-08     Every effort shall be made to eliminate the non-teaching duties and lighten the load of first year personnel.

 

9-09 The School Committee will attempt to reduce the frequency of the teachers' rotations in the various cafeterias by having one cafeteria aide at each of the elementary schools and the Middle School, and two aides for the high school cafeteria.

 

9-10 The Special Education Team Chairperson shall be responsible for educational assessments. Educational Assessments as used in this section shall mean new initial evaluations and/or triennial reevaluations.

 

9-11 To the extent consistent with Article 6-03, teacher assignments in more than one building shall be kept to a minimum.

 

When a teacher is assigned to more than one school building, then, in addition to normal lunch and preparation time, said teacher will be provided with adequate travel time in order to reach his/her assignment on time. When a teacher is assigned to more than one building, the principals will collaborate prior to assigning the teacher.

 

9-12 High School Guidance counselors who hold evening office hours at the request of the Principal will have one compensatory day for each three evenings of work.

 

9-13 a. When the high school is on the extended block, teachers may be assigned the equivalent of fifty (50) minutes of duty assignments in a six (6) day cycle.

 

b. When the middle school is on a schedule of 55-minute periods, duties for teachers with 25 teaching periods will be limited to advisor-advisee blocks, one enrichment period per six (6) day cycle, corridor supervision and detention duty. Teachers may be assigned cafeteria duty or afternoon bus duty one (1) time in a six (6) day cycle and not on a day that they have five (5) academic classes. Morning bus duty will be on a voluntary basis.

 

9-14 A subcommittee of teachers and administrators from the elementary level will review the parent conference schedules at the elementary level.

 

9-15 Electronic grade book: high school and middle school teachers will post grades at report card time and mid-cycle. Elementary school teachers shall post grades at report card times.

 

ARTICLE 10

 

Non-Teaching Duties

 

10-01   Teachers will not be required to collect money for non-educational purposes except for school insurance.

 

10-02 Although teachers may be required to collect and transmit money to be used for educational purposes, they will not be required to tabulate or account for such money.

 

10-03   Teachers will not be required to drive pupils to activities which take place away from the school building.

 

10-04 It is recognized that the primary duty and responsibility of the teacher is to teach and that the organization of the school and the school day should be directed at insuring that the energy of the teacher is utilized primarily toward this end.

 

10-05 Specifically where teachers are required to perform detention duty, this duty shall be assigned on a rotating basis among all unit members whose assignment has them in the building at the end of the student day provided, however, this language shall not be construed to prevent the principal from altering the rotation so long as all unit members within the building share equitably in the performance of detention duty during the course of the school year. Other non-teaching duties shall be equitably distributed among the unit members in each building.

 

ARTICLE 11

 

Teacher Assignment/Grades

 

11-01 Each teacher will be notified in writing of any change in his/her teaching assignment for a subsequent year not later than June 15th and insofar as possible by June 1st. Subsequent to such notice, the teacher's assignment shall not be changed without agreement of the teacher unless some unexpected circumstance necessitates a change.

 

11-02 The notice-provisions of Article 11-01 of the Agreement apply to changes in levels at the Middle School, provided that the Superintendent's right under said Article to make post-notification changes in a teacher's assignment also applies to post-notification changes in Middle School levels.

 

11-03 If a teacher believes that he/she has been assigned an inequitable proportion of duties (such as number of classes taught, study halls, curriculum committee and general departmental work) the teacher may grieve and the grievance may be taken as far as the Committee but may not be arbitrated.

 

11-04 If a teacher believes that a change in the nature of the classes he/she is to teach 1) will require the teacher to teach outside his/her area of certification, or 2) has been made for reasons other than the best interests of the educational program, the teacher may grieve and the grievance may be taken as far as the Committee but may not be arbitrated.

 

11-05 Grades will not be due until the end of the fifth workday following the close of grades. However K-2 specialists' grades are due as determined by the principal, but no more than five (5) school days prior to when grades are due for the academic teachers.

 

ARTICLE 12

 

Class Size

 

12-01 The Association shall have the right to discuss with the Committee an appropriate class size for any particular case in question.

 

ARTICLE 13 Student Teachers

 

13-01 Teacher interns shall be assigned only with the consent of the classroom teacher. Student teachers will not be required to substitute.

 

ARTICLE 14 Vacancies and Promotions

 

14-01 Whenever any vacancy in a professional position occurs, it will be publicized by the Superintendent in writing to the President of the Association, and published to the entire professional staff via internal electronic mail by use of the First Class Folder. Duties and rates of compensation will be set forth.

 

If a promotional vacancy arises which the Administration intends to fill and which is known to be permanent or of at least two months' duration, the position will be posted as soon as the Administration decides to fill the position, provided that the Administration will have the right to fill the vacancy as it sees fit during the pendency of the posting period. The Administration will provide a general notice to the staff of all curriculum work opportunities referred to in Appendix A-10 hereof, provided that none of the provisions of Section 14-02 hereof shall apply to applications for such opportunities or to the processing of such applications.

 

14-02 Whenever any vacancy occurs or new position is created, all teachers will be given adequate opportunity to make application for such positions, namely ten (10) days, exclusive of Saturdays, Sundays, legal holidays and vacation days during the school year, after written notification is given the Association, and the Superintendent agrees to give due weight to the professional background and attainments of all applicants. Each teacher applicant not selected will, upon request, receive a written explanation from the Superintendent or his/her designee. If the Superintendent recommends a non-employee, the employee applicant, if on professional teacher status, may request and shall be provided with a written list of specific reasons for the Superintendent's recommendation. The reasons provided shall in no event be grievable beyond the Superintendent.

 

14-03 Should a vacancy in a teaching position or fall season coaching position occur less than fifteen (15) days prior to the opening of school, the required 10-day posting may be waived or reasonably abbreviated, provided, however, that no rights, especially under Article 18 are abridged by such action. There shall be established and maintained a central file of transfer requests so that such requests are readily available to any and all administrators involved in the process of filling vacancies which occur in the above situation. A similar file shall be established and maintained relating to fall coaching positions in the above situation.

 

14-04 Any teacher who wishes to be notified of any vacancies over the summer shall so notify the Superintendent's Office and shall be sent all postings provided that he/she supplies the Superintendent's Office with five (5) stamped self-addressed envelopes. This section in no way entitles a teacher to anything other than announcements of vacancies and may not be relied upon as a basis for a grievance regarding the filling of a vacancy.

 

ARTICLE 15 Teacher Transfer

 

15-01 There are two types of transfers: voluntary and involuntary. Subject to the terms of this Agreement, the Superintendent and his/her designee retain the sole right to decide whether transfers shall be made. Before any teacher is involuntarily transferred, transfer volunteers shall be solicited by means of an internal posting.

 

15-02 To the extent possible, requests for voluntary transfer shall be honored, provided that the volunteer meets the posted requirements of the position.

 

Any teacher who has transferred voluntarily may after one school year in the new position, be transferred back to his/her original position by his/her own choice or that of the administration.

 

15-03 A teacher seeking voluntary transfer will have a personal conference with the appropriate administrator(s) and will be advised in writing as soon as a decision has been made.

 

15-04 In considering whether one or more teachers shall be transferred voluntarily or involuntarily consideration will be given, but not limited to: 1) Length of service in the Bedford system, 2) Education, 3) Quality of teaching performance, 4) Total experience, 5) Suitability for new assignment. The above listing does not reflect order or priority. Teachers who were previously transferred involuntarily are exempt for five years from the day of transfer.

 

15-05 In transferring teachers involuntarily, every reasonable effort will be made to transfer teachers to comparable positions or levels of responsibilities.

 

15-06 a. A teacher being transferred involuntarily will be given as much prior notification as possible. Unless unforeseen circumstances arise, notification will occur by June 1st of the year preceding the year in which the transfer is to take effect. A grievance over an involuntary transfer shall be processed expeditiously with a view to securing an arbitrator's award, if necessary, by the August 15th following the notice of involuntary transfer. If the grievance is upheld, the Committee shall have the right to fill the position at issue by another transfer.

 

b. If the Committee shall make an involuntary transfer pursuant to the last sentence of sub-section a., above, the time of notification of the transfer shall not be subject to the grievance and arbitration provisions of this Agreement. If the transfer is found invalid in arbitration, the following provisions shall apply: 1) the arbitrator shall not have power to order the transferee's retransfer to his/her prior position before the beginning of the next school year, and 2) by May 1 of the period of service in the new position, the transferee shall decide whether such period of service shall be considered under criteria 4 and 5 of Article 15-04 hereof in any future transfer considerations, provided that the transferee's failure to notify the Superintendent's office of such decision by said May 1 shall be taken to mean that the transferee does not wish such period of service to be so considered.

 

15-07   Except for emergency situations, transfers will not occur during the school year.

 

15-08   The Staff will be made aware of all open teaching positions by written notice to the President of the Association.

 

15-09    It is recognized by both parties that transfers should be minimized and made only in the best interests of the educational system.

 

ARTICLE 16

 

Supervision and Evaluation

 

16-01   GENERAL PRINCIPLES:

 

a.   All monitoring or observation of the work performance will be conducted openly. Formal observation for the purpose of supervision and evaluation for a school year shall be conducted not earlier than October 1 of that year.

 

b.   Fifty percent (50%) of all professional status faculty within a supervisory assignment shall be evaluated each year. Supervisory assignments are defined as follows:

 

SUPERVISORY ASSIGNMENTS

 

Grade K-5 Classroom teachers, Gifted and Talented teachers, Computer teachers, Librarians, Study Skills teachers

 

Art, Music Special Education

 

Guidance

 

Reading

 

Physical Education/Health

 

Supervisor

 

B Principal/Assist. Principal

 

Supervisor

 

Director/Assist. Principal

 

Assistant Sped Director Assistant Principal

 

Assistant Principal PD Guidance

 

PD Reading/Assist. Principal Director/Assist. Principal

 

Evaluator

 

B Principal

 

Evaluator

 

B Principal

 

B Principal

 

B Principal

 

B Principal B Principal

 

Grades 6-12 Faculty Assistant Principals

 

PA/Assist. Principal Principal

 

B Principal

 

B Principal/ Supt. Approval

 

Program Director/Administrator

 

Principal(s)

 

B Principal

 

Assistant Director of Special Education Director of Sped Director of Sped

 

c. Members of the bargaining unit will be informed in writing by October 1 of a school year of the identity of their supervisor(s) and evaluator(s) for that year, provided that the Committee or its designees shall have the right to change said supervisor(s) and/or evaluator(s) with prior notice. If only one supervision cycle is deemed necessary, then the designated Supervisor will evaluate the professional status faculty member. Program Administrators, Program Director, and Teaching Assistant principals will be supervised and/or evaluated for teaching by the B1 personnel or Principal assigned to their respective departments. The Superintendent/designee may participate in the supervision and/or evaluation of any member of the bargaining unit.

 

16-02    SUPERVISION/EVALUATION PROCEDURES:

 

a. The goal of the supervision/evaluation process in the Bedford School is to facilitate professional growth.

 

b. (1) Professional Status Faculty

 

In order to achieve that result, every professional status faculty will, unless the evaluator has determined that only cycle one is necessary, participate in a minimum of two Supervision Cycles every other school year. Additional cycles may be requested by: the person being supervised, the supervisor, or by the evaluator. Cycles of supervision shall be conducted in accordance with the instruments and procedures agreed to by the supervisor and the faculty member. A faculty member, who is a member of more than one department, will decide jointly with the appropriate building administrator and program supervisor(s) who are to carry out the Supervisory Cycles. In the event of a lack of agreement, the Superintendent will designate the supervisor.

 

Important dates in the Supervision Cycle are as follows:

 

• October 1 Supervision Cycle can begin

 

• Cycle 1 Will normally occur between October 1 and February 15

 

• Cycle 2 Will normally occur between February 16 and May 15

 

• June 1 Final report must be completed

 

b. (2) Pre-professional Status Faculty

 

Pre-professional status faculty will participate in a minimum of two Supervision Cycles each school year. The supervisor will perform a general assessment of the faculty member in relation to all of the principles set forth in the "Performance Standards" during the first year. In successive years and by mutual agreement, the procedures as outlined for professional status faculty could be followed. Cycles of supervision shall be conducted in accordance with the instruments and procedures agreed to be the supervisor and the faculty member. The second cycle report must contain the evaluator's recommendation with regard to the reappointment of the pre-professional status faculty member.

 

Important dates in the Supervision Cycle are as follows:

 

• October 1 Observation Cycle can begin

 

• Cycle 1 Will normally occur between October 1 and February 15

 

• Cycle 2 Will normally occur between February 16 and April 15 but

 

must be completed by May 1

 

• June 1 Final report must be completed

 

c. In the event of a change in assignment (i.e. teaching in a different certification area, teaching a course not taught within the previous five school years, grade level changes of more than two grades, at the elementary level, or assignment to a different school building), a professional status faculty member may be designated for supervision during that school year.

 

d. In the event that the second Supervisory Cycle is rated as "unsatisfactory", then a third Supervisory Cycle of at least thirty (30) school days will be added in that school year or the following school year.

 

e. (1) Professional Status Faculty members

 

Each supervision cycle will consist of three phases: Phase I: Pre-Review Conference

 

The supervisor/evaluator and faculty member will meet to prepare a mutually developed written plan for the particular cycle.

 

(Doc. B) The plan will include:

 

• Goals from one of the following sources:

 

1. Principle(s) from the Performance Standards

 

2. Selected goal(s) from the School and/or District School Improvement Plan

 

3. Targeted goal(s) from the faculty member's Individual Professional Development

 

Plan (IPDP).

 

• Agreed to method(s) for gathering the data such as:

 

1. Classroom observation sufficient to observe a complete teaching sequence

 

2. Direct observation by the supervisor

 

3. Student evaluation, peer evaluation, or videotape review

 

4. Portfolio

 

5. Other Method

 

• Date for completion of the cycle

 

A copy of this written plan will be given to the faculty member no less than forty-eight (48) hours before the data gathering process begins. (See Document B)

 

In the event that the supervisor/evaluator and the faculty member are unable to agree on a plan, the matter shall be referred to the Superintendent or designee who shall determine the content of the plan.

 

If a faculty member and evaluator/supervisor select a method for gathering data other than a classroom visit or direct observation, the evaluator/supervisor will write the report based on the data collected. If a Supervision Cycle results in an unsatisfactory rating, the following cycle must focus on the identified problem(s) and must include direct observation by the supervisor/evaluator.

 

e.   (2) Pre-professional Status Faculty members

 

Phase I: Pre-Review Conference

 

The supervisor/evaluator and faculty member will meet to prepare a mutually developed written plan for the particular cycle.

 

(Document C) The plan will include:

 

• Goals from the Performance Standards

 

• Agreed to method(s) for gathering the data such as:

 

1. Classroom observation sufficient to observe a complete teaching sequence

 

2. Direct observation by the supervisor

 

3. Student evaluation, peer evaluation, or videotape review

 

• Date for completion of the cycle

 

A copy of this written plan will be given to the faculty member no less than forty-eight (48) hours before the data gathering process beings (See Document D).

 

In the event that the supervisor/evaluator and the faculty member are unable to agree on a plan, the matter shall be referred to the Superintendent or designee who shall determine the content of the plan.

 

If a pre-professional status faculty member and supervisor/evaluator select, for one cycle, a method for gathering data other than a classroom visit or direct observation, the supervisor will write the report based on the data collected. If a Supervision cycle results in an unsatisfactory rating, the following cycle must focus on the identified problem(s) and must include direct observation by the supervisor/evaluator.

 

Phase II: Gathering of Data by Faculty Member and Supervisor/Evaluator:

 

In addition to the method as determined in Phase I, faculty members are encouraged to provide their supervisor/evaluator with any information they would like them to consider in preparing supervision reports.

 

Phase III: Preparation of Narrative Report: Professional Status Faculty members

 

The Supervisor will prepare a document (Document C) that has six parts:

 

1. Goals set for the Cycle (as in Document B)

 

2. Description of data gathering procedures

 

3. Narrative summary report

 

4. Perceptions and judgments

 

5. Commendations

 

6. Suggestions for growth (each suggestion should relate to a perception or judgment) Pre-Professional Status Faculty members

 

The supervisor will prepare a document (Document E) that has:

 

1. Performance Standards Goals (as in Document D)

 

2. Description of data gathering procedures

 

3. Narrative summary for each Performance Standard

 

4. Perceptions and judgments

 

5. Commendations

 

6. Suggestions for growth (each suggestion should relate to a perception or judgment)

 

f. Faculty will be given a complete draft of any observation reports normally within ten (10) school days following an observation and at least one day before the conference. If the report is not available within ten (10) school days, the faculty member and the Superintendent will be notified in writing as to the reason. The faculty member and his/her supervisor/evaluator will review the draft to prepare a final copy. The faculty member may write his/her own version of the cycle if agreement cannot be reached. If this situation occurs, both versions will become the supervision report. Cycle reports will also be shared at least one week prior to the end of an established cycle.

 

g. All reports and forms (Document A, B, C, D, E) must be signed and dated by the supervisor(s) and, at the time of supervisory conference, by the faculty member. A copy of each report will be furnished to the member. All Cycle Reports will be forwarded to the Central office not sooner than the end of six (6) school days following the supervisory conference.

 

h. The written reports of each cycle will be kept by the Principal, Program Administrator/Director and at the office of the Superintendent for five years, with copies supplied to the faculty member. No more than the five years of reports will be kept in the three locations mentioned above. The faculty member will be notified before any report is destroyed. The faculty member may request that reports from more than five years be retained in one or more of the locations.

 

16-03   The following documents attached to this agreement are hereby incorporated and made a part of this Agreement:

 

• Pre-Review Conference Form       Document B and D

 

• Data Collection Template Document C and E

 

• Report form Cover Sheet Document A

 

• Performance Standards

 

16-04   PROFESSIONAL IMPROVEMENT PROCEDURES:

 

a. The purpose of the Remedial Plan is to assess professional competency and to provide a record of facts and assessments for personnel decisions.

 

b. Professional status faculty members will be placed in a Remedial Plan cycle if following two unsatisfactory Supervision Cycles the Superintendent determines that the faculty member requires evaluation, in which case a "Remedial Plan" must be developed.

 

c. Said Remedial Plan shall set forth the specific criteria which must be improved, the evaluator's specific expectations, the indicators of satisfactory improvement, how the evaluators will assist the employee, where appropriate, in meeting these expectations, the time which will be allowed for improvement and the date by which another evaluation report will be completed. Before any Remedial Plan goes into effect, the faculty member, the Principal, the Superintendent and the Association president must review it.

 

d. While classroom observation is the primary source of information regarding performance of a faculty member, evaluators are expected to gather information in as many different ways as possible to produce the most complete and accurate picture of the faculty member's overall performance. These may include conferences with the faculty member, the review of materials produced by the faculty member and/or students, communications from other faculty members, parents and other persons who provide firsthand information, which has a bearing on the faculty member's performance and is appropriate to consider in the evaluation process.

 

e. All Remedial Plans must be signed by the evaluator and, at the time of the evaluation conference, by the faculty member. A faculty member may submit a written reply to any Remedial Plan and the reply will be attached to the Remedial Plan and placed in the faculty member's personnel file. A copy of each report will be furnished to the faculty member. All Remedial Plans will be forwarded to the Central office no sooner than the end of six (6) school days following the evaluation conference.

 

f. Upon satisfactory completion of a Remedial Plan, the bargaining unit member shall be returned to the normal cycle of supervision during the next school year.

 

g. Following an evaluation report in which a faculty member's overall performance is rated as "unsatisfactory," the School Committee may withhold a step increase or freeze the salary of a faculty member who is on maximum.

 

16-05  PERSONNEL FILES

 

a. No derogatory material, including any document specifically addressed to the teacher, shall be placed in a teacher's file without his/her knowledge. This knowledge will be indicated by the teacher's signature being affixed to the material placed in the file. Teachers will have the right to submit a written answer to such material and this answer shall be reviewed by the Superintendent and attached to the file copy.

 

b. The official personnel file for each member of the bargaining unit shall be kept at the Office of the Superintendent of Schools. Other files may be maintained by supervisors and evaluators, however, their contents may not be used for personnel decisions unless the documents have been forwarded to the Office of the Superintendent prior to October 15th of the school year following the school year in which they were developed or received. By October 15th of each school year, the location of all files on each teacher shall be made known to the teacher. The teacher shall have the right to review and to duplicate the contents of any such file upon request. A teacher may, if he/she wishes, have a representative of the Association accompany him/her during such a review. No documents or materials specifically concerning the teacher found or kept in any other place can be used to the detriment of any teacher. The right to review and duplicate files does not extend to confidential recommendations received by the school system prior to a teacher's being hired.

 

c. With any personnel file there shall be a log sheet. Access to a personnel file by anyone other than Central Office personnel or legal counsel will be recorded setting forth the date, name of the person reviewing the file, and the reason for access.

 

 

NAME:

 

SCHOOL:

 

CYCLE: STATUS:

 

Supervisor: Principal:

 

BEDFORD PUBLIC SCHOOLS BEDFORD PUBLIC SCHOOLS PROFESSIONAL GROWTH PROCEDURES CYCLE COVER SHEET

 

SCHOOL YEAR: ASSIGNMENT:

 

□ ONE □ TWO QTHREE

 

□ 1st YEAR   □ 2nd YEAR □ 3rd YEAR   □ Prof Status (if required)

 

Evaluator for this Cycle:

 

Pre-Review Conference Date: |_|

 

Observation Date(s):

 

Draft report provided to teacher:

 

The report shall include six sections:

 

1. Goals set for the cycle.

 

2. Description of data gathering procedures

 

3. Narrative summary.

 

4. Perceptions and judgments.

 

5. Commendations.

 

6. Suggestions for growth. (Each suggestion should relate to a perception or judgment.)

 

Post -Conference Date: I I

 

I I Cycle Satisfactory I I Cycle Unsatisfactory

 

Complete after Cycle 2 Only:

 

I I Supervisory Cycle Three Required I I Remedial Plan Recommended

 

I I YES - Recommended for Reappointment (pre-professional staff only) I I NO - Not recommended for reappointment

 

ATTACHMENTS: □ NO □ YES, STATE NUMBER OF PAGES:_

 

Teacher's Signature:      _     Date:_

 

Supervisor's Signature:  _    Date:_

 

Principal's Signature:    _    Date:_

 

 

BEDFORD PUBLIC SCHOOLS PROFESSIONAL GROWTH PROCEDURES PRI -REVIEW CONFERENCE FORM Professional Status Teachers

 

Cycle One:   □

 

Cycle Two:   □

 

Cycle Three:   □

 

School: Davis O

 

Lane l~l

 

JGMS □

 

 

Teacher:

 

Supervisor: Principal:

 

Goals for the Supervision Cycle:

 

Goals from one or more of the sources: Principles from Performance Standards; School and/or District School Improvement Plan; Teacher's IPDP

 

Methods for gathering data during the Supervision Cycle:

 

1. Classroom Visit (observation sufficient to observe a complete teaching sequence)

 

2. Direct observation by the supervisor/evaluator

 

3. Student evaluation, peer evaluation, or videotape review

 

4. Portfolio

 

5. Other method

 

Date for completion of this Cycle:

 

Teacher's Signature:     _        Date:_

 

Supervisor's Signature: _        Date:_

 

Principal's Signature:    _        Date:_

 

 

BEDFORD PUBLIC SCHOOLS PROFESSIONAL GROWTH PROCEDURES DATA COLLECTION TEMPLATE

 

Professional Status Teacher

 

Cycle One:

 

 

Cycle Two:

 

 

Cycle Three: □

 

School: Davis CH

 

Lane QJGMS □

 

 

Teacher:

 

Supervisor:

 

Principal:

 

Evaluator for this Cycle: Part 1:

 

Goals set for Cycle: Part 2:

 

Description of Data gathering procedures: Part 3:

 

Narrative Summary Report: Part 4:

 

Perceptions and Judgments: Part 5:

 

Commendations: Suggestions for growth:

 

Teacher's Signature:     _        Date:_

 

Supervisor's Signature: _        Date:_

 

Principal's Signature:    _        Date:_

 

Total Number of Pages in this Report:     _

 

 

BEDFORD PUBLIC SCHOOLS PROFESSIONAL GROWTH PROCEDURES PRE-REVIEW CONFERENCE FORM Pre-Professional Teachers

 

Cycle One:

 

 

Cycle Two:   □

 

Cycle Three:   □

 

School: Davis

 

 

Lane Q

 

JGMS □

 

BHS □

 

Name: Supervisor: Principal:

 

Goals for the Supervision Cycle: Goals from the Performance Standards.

 

Methods for gathering data during the Supervision Cycle:

 

1. Classroom Visit Observation sufficient to observe a complete teaching sequence.

 

2. Direct observation by the supervisor/evaluator

 

3. Student evaluation, peer evaluation, or videotape review. 4 . Other method.

 

Date for completion of this Cycle:

 

Teacher's Signature:     _ Date:_

 

Supervisor's Signature: _ Date:_

 

Principal's Signature:    _ Date:_

 

 

BEDFORD PUBLIC SCHOOLS

 

PROFESSIONAL GROWTH PROCEDURES

 

DATA COLLECTION TEMPLATE

 

Pre-Professional Status Teachers

 

Cycle One:

 

 

Cycle Two:

 

 

Cycle Three: □

 

School: Davis

 

 

Lane Q

 

JGMS □

 

BHS □

 

Name:

 

Supervisor:

 

Principal:

 

Evaluator for this Cycle: Part 1:

 

Goals set for Cycle: Part 2:

 

Description of Data gathering procedures:

 

Part 3:

 

Narrative Summary Report: Part 4:

 

Perceptions and Judgments:

 

I. Currency in the curriculum

 

II. Effective Planning and Assessment of Curriculum and Instruction

 

III. Effective Management of the Classroom Environment

 

IV. Effective Instruction

 

V. Promotion of High Standards and Expectations for Student Achievement

 

VI. Promotion of Equity and Appreciation of Diversity

 

VII. Fulfillment of Professional Responsibilities.

 

Commendations: Suggestions for growth:

 

Teacher's Signature:     _ Date:_

 

Supervisor's Signature: _ Date:_

 

Principal's Signature:    _ Date:_

 

Total Number of Pages in this Report:     _

 

PRINCIPLES

 

I. CURRENCY IN THE CURRICULUM

 

A. The teacher is up to date regarding curriculum content

 

1. Presents lessons and demonstrates through classroom activities a working knowledge of the core curriculum of the teacher's assignment.

 

2. Participates in the ongoing evaluation of the curriculum.

 

3. Acts as a subject area resource for students, teachers, administrators, and parents.

 

4. Takes advantage of opportunities for professional growth in subject area and teaching/learning strategies.

 

II. EFFECTIVE PLANNING AND

 

ASSESSMENT OF CURRICULUM AND INSTRUCTION

 

A.  The teacher plans instruction effectively.

 

B.  The teacher plans assessment of student learning effectively.

 

4.

 

5.

 

6.

 

1.

 

2.

 

3.

 

Sets short-term and year-long goals for

 

curriculum units.

 

Expresses clear lesson objectives.

 

Designs curriculum experiences that require

 

students to take responsibility for their own

 

learning.

 

Uses the results of standardized assessments to monitor curriculum and to determine instructional need.

 

Makes changes in curriculum and instruction based on student learning outcomes. Teaches lessons that make interdisciplinary connections among curricular subjects.

 

Establishes specific and challenging standards for student learning.

 

Develops and uses assessments which describe

 

a student's learning process as well as his/her

 

learning achievements.

 

Incorporates assessment opportunities for

 

individual and interactive reflection including

 

response journals, debriefings and group

 

discussions.

 

C.  The teacher monitors students' understanding of   1. the curriculum effectively and adjusts instruction, materials, or assessments when appropriate.

 

2.

 

Regularly uses a variety of formal and informal assessments of student's achievement and progress for instructional revision and decision-making.

 

Implements evaluation procedures and tools which assess the objectives taught.

 

1.

 

 

 

PRINCIPLES

 

DESCRIPTORS

 

3.

Checks for student understanding before

 

 

 

moving on.

 

 

4.

Communicates student progress to parents,

 

 

 

students and staff members through scheduled

 

 

 

reports, conferences, special education

 

 

 

meetings and individual conferences as needed.

 

 

5.

Prepares and maintains accurate and efficient

 

 

 

record keeping systems of student work such as

 

 

 

portfolios, anecdotal records and other

 

 

 

examples of student performance.

 

 

6.

Maintains confidentiality concerning individual

 

 

 

student data and achievement.

 

 

7.

Makes referrals if warranted.

III. EFFECTIVE MANAGEMENT OF

 

 

 

CLASSROOM ENVIRONMENT

 

 

A.

The teacher establishes a classroom atmosphere

1.

Provides positive feedback in an effort to

 

that is predictable, productive and positive.

 

enhance student self-esteem and increase

 

 

 

understanding of strengths and weaknesses.

 

 

2.

Demonstrates consistency when faced with

 

 

 

identical situations with different students.

 

 

3.

Encourages class discussion by seeking input

 

 

 

from students.

 

 

4.

Provides individual instruction when needed

 

 

 

and possible.

 

 

5.

Provides activities designed to encourage

 

 

 

students to become independent and

 

 

 

responsible learners.

 

 

6.

Demonstrates an openness to student challenges

 

 

 

about information and ideas.

 

 

7.

Establishes classroom procedures that maintain

 

 

 

a high level of students' time-on-task and that

 

 

 

facilitate smooth transitions from one activity

 

 

 

to another.

B.

The teacher maintains appropriate standards of

1.

Enforces classroom and school rules and

 

behavior, mutual respect and safety.

 

policies consistently.

 

 

2.

Fulfills routine responsibilities as outlined in

 

 

 

teacher handbooks.

 

 

3.

Maintains professional boundaries with

 

 

 

students through compliance with policies and

 

 

 

guidelines.

 

 

4.

Communicates respectfully to and about

 

 

 

colleagues and students.

IV. EFFECTIVE INSTRUCTION

 

A. The teacher makes learning goals clear to students.

 

B.  The teacher uses appropriate instructional techniques.

 

1. Communicates to students the standards and evaluation methods that will be used to assess effort and achievement.

 

2. Uses precise language to communicate lesson objectives clearly.

 

3. Communicates the relevance of the subject to life-long learning.

 

1. Uses a variety of teaching strategies including cooperative peer and project based learning: technology, lectures, discussions and inquiry, practice and applications and direct instruction.

 

2. Provides options for students to demonstrate competency and mastery of new material, including written work, plays, art work, oratory, visual presentations, exhibitions and portfolios.

 

3. Uses a variety of materials in order to reinforce and extend skills, accommodate learning styles and match instructional objectives.

 

4. Teaches students study habits, learning strategies and vocabulary that are important for students.

 

5. Documents identification of individual and group needs and uses relevant strategies and materials to meet needs.

 

6. Makes statements, asks questions, leads discussions to help students connect new materials with prior learning.

 

7. Makes necessary classroom accommodations for mainstreamed students as specified in the IEP or to meet 504 requirements.

 

8. Stimulates student higher-level thinking through classroom activities that incorporate Blooms Taxonomy.

 

9. Provides clear explanations.

 

10. Gives relevant assignments to reinforce classroom learning.

 

C.  The teacher uses appropriate questioning 1.   Uses a variety of questioning techniques to

 

techniques. encourage and guide critical and independent

 

thinking such as open-ended questions that have multiple answers. 2.   Presents information recognizing multiple points of view; provides opportunities for students to assess the accuracy and relevancy of _information presented._

 

PRINCIPLES DESCRIPTORS

 

PRINCIPLES

 

IV. EFFECTIVE INSTRUCTION

 

D. The teacher evaluates, tries innovative

 

approaches and refines instructional strategies, including the effective use of technologies to increase student learning and confidence to learn.

 

1. Tries innovative approaches to improve instructional practices, such as use of technologies, cooperative learning, interdisciplinary units and flexible use of time.

 

2. Assesses instructional strategies by comparing intended and actual learning outcomes.

 

V. PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT

 

ACHIEVEMENT

 

A. The teacher communicates learning goals and high standards and expectations to students.

 

B.  The teacher promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving the goals of the curriculum.

 

1. Communicates objectives or learning outcomes to students.

 

2. Provides feedback to students on their progress toward goals and objectives.

 

3. Communicates standards, expectations and guidelines regarding quality and quantity of student's work, work procedures and interpersonal behavior to students and parents.

 

1.   Uses student goal setting in order to increase student motivation and ownership.

 

2. Provides incentive for students to do challenging work through modeling, rewards and recognition.

 

3. Acknowledges and reward student effort, work, study and inquiry.

 

4. Identifies students who are not meeting expectations and acts to try to secure student cooperation and participation in a plan that designates the teacher's and student's responsibilities regarding learning.

 

5. Demonstrates courtesy to all students.

 

VI. PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

 

A. The teacher strives to ensure equitable opportunities for student learning.

 

1.   Demonstrates through word and deed respect for learning, cultural and gender differences.

 

B.  The teacher shares responsibility for

 

accomplishing the goals and priorities of his/her grade/team/department, building and school district.

 

C.  The teacher is a reflective and continuous learner.

 

1. Keeps parents informed of student's progress through reports, conferences, special education meetings, and individual conferences as needed.

 

2. Maintains professional boundaries with parents.

 

3. Solicits parent input regarding the education of their children.

 

1. Works with colleagues and administrators to identify problems and suggest possible solutions.

 

2. Works collaboratively with colleagues in planning and implementing inter-disciplinary curriculum, instruction and other school programs.

 

3. Participates in student or school activities such as open house, back-to-school nights.

 

4. Communicates with other teachers about students' overall work load and adjusts where needed.

 

1. Participates in professional development

 

activities such as workshops, seminars, courses, conferences, professional organizations, and community opportunities.

 

PRINCIPLES VII. FULFILLMENT OF PROFESSIONAL

 

RESPONSIBILITIES

 

A. The teacher is constructive and cooperative in interactions with parents and receptive to their contributions.

 

1. Administers and interprets student assessment instruments and uses information to advise students regarding course selections.

 

2. Assists students and parents in post secondary planning by conducting workshops, providing information materials, and conducting individual counseling.

 

3. Contributes to the development and implementation of students' educational plans.

 

4. Provides counseling and guidance for students.

 

5. Serves as a liaison with community agencies.

 

6. Coordinates the IEP Team process in compliance with Chapter 760 regulations.

 

7. Administers and interprets psychological tests.

 

PRINCIPLES

 

A. The specialist provides support for students' social emotional, and academic development.

 

PRINCIPLES

 

A.  The specialist provides services that enhance teaching and learning.

 

1.

 

Teaches library skills.

 

2. Promotes and encourages use of the library resources by posting book advertisements, written communication about resources, story telling, etc.

 

3. Provides access to materials in multiple formats.

 

4. Provides instruction to develop competence in using information and ideas received by reading and viewing.

 

5. Provides leadership and instruction for colleagues in the use of information and instructional technologies.

 

6. Develops procedures for the use of resources.

 

7. Develops a collection of materials which supports and enhances the curriculum.

 

8. Acts as a subject area resource for students and faculty.

 

PRINCIPLES

 

DESCRIPTORS

 

A. The specialist provides services to help students gain maximum benefit from their educational opportunity.

 

1.

 

Administers and interprets student assessment instruments.

 

2. Writes IEP's that include learning profile, progress, and objectives.

 

3. Selects materials, methods, and resources to assist students to accomplish IEP goals.

 

4. Assists teachers to meet objectives of the IEP through sharing of modification strategies and modeling.

 

5. Provides support for inclusion of students with special needs in the regular classroom through co-teaching and modeling.

 

6. Uses test results and other diagnostic information to recommend IEP modification.

 

7. Complies with relevant Chapter 766 and PL 94­142 regulations.

 

PRINCIPLES

 

A. The specialist provides services to help students gain maximum benefit from their educational opportunity.

 

1.

 

Administers and interprets speech and language assessment instruments.

 

2. Writes individual educational plans with goals and objectives for students' speech and language needs.

 

3. Selects materials, methods, and resources to assist students in accomplishing IEP speech and language goals.

 

4. Complies with relevant Chapter 766 and PL 94­142 regulations.

 

PRINCIPLES

 

A.  The specialist provides services to help students gain maximum benefit from their educational opportunity.

 

1.   Administers and interprets reading assessment instruments.

 

2.   Uses individual diagnostic reading assessments as a basis for instruction.

 

3. Assists teachers to select reading materials and instructional strategies.

 

4. Teach students reading skills for learning subject content.

 

5. Models instructional practices.

 

PRINCIPLES

 

A.  The specialist provides support for students' social, emotional, and academic development.

 

1. Administers and interprets psychological assessment instruments.

 

2. Prepares psychological assessment reports on referred students.

 

3. Complies with relevant regulations and laws as documented in Chapter 766, PL 94-142, state laws and applicable privacy laws.

 

4. Practices educational and behavioral intervention strategies.

 

5. Serves as a resource to students, staff, and parents on psychological issues.

 

6. Provides extra school services: in-service workshops for staff, community talks, and meetings with parents.

 

PRINCIPLES

 

A. The specialist provides support for students' social, emotional and academic development.

 

2.    Prepares the assessment of three and four year old children referred for evaluation.

 

3. Assists in the placement of three and four year old children in approved programs.

 

4. Collaborates with human service agencies and early childhood programs.

 

5. Conducts a needs assessment of preschool children.

 

6. Serves as the liaison for parents of three and four year old children.

 

7. Coordinates kindergarten screening.

 

1.    Coordinates programs and activities for three and four year old students who are Chapter 766 eligible.

 

I. EFFECTIVE INSTRUCTIONAL LEADERSHIP

 

The effective administrator works with others to create learning environments that address the needs of the students.

 

A.  The administrator facilitates the development of a shared mission and vision.

 

B.  The administrator encourages and uses a variety of strategies to assess student performance accurately.

 

C. The administrator applies current principles, practices, and research to foster effective teaching.

 

D. The administrator leads the renewal of curriculum and instructional programs.

 

E.   The administrator promotes and models the effective use of appropriate instructional technologies.

 

F.   The administrator holds teachers accountable for having high standards and positive expectations that all students can perform at high levels.

 

1. Develops, implements and abides by the school philosophy.

 

2. Articulates school philosophy and goals to the school community.

 

1. Oversees the assessment of student's progress in the discipline.

 

2. Reviews and evaluates the goals, methods, and resources of programs and makes modifications as needed.

 

1.   Assists and encourages teachers to make changes to practices as dictated by current research and theory.

 

1. Assures the curriculum and its implementation reflect the principles of the states' Common Core of Learning and Curriculum Frameworks.

 

2. Assists staff to remain current in subject areas and to identify connections between disciplines.

 

1. Integrates use of video, computers, telecommunications, and other technologies into the curriculum.

 

2. Allocates resources for incorporating technology in the instructional process.

 

1. Works with teachers to establish high standards and expectations for student work.

 

2. Assists teachers to make expectations and how to meet them clear to students.

 

3. Promotes activities that recognize academic excellence.

 

PRINCIPLES DESCRIPTORS

 

PRINCIPLES

 

G.  The administrator works with teachers and other staff to supervise and evaluate their performance using performance standards and to identify areas for growth.

 

DESCRIPTORS

 

H.  The administrator supports ongoing professional development.

 

1.

 

2.

 

3.

 

4.

 

5.

 

4.

 

5.

 

6.

 

Communicates performance standards for teachers.

 

Communicates consistent expectations that all teachers can meet standards. Encourages staff to improve practice through collegial activities.

 

Evaluates classroom instruction in terms of teacher objectives and student outcomes. Employs practices for improving teaching performance.

 

Respects individuality of teacher approaches to classroom organization, management, and teaching styles, in supervisory reports, and with parents and the school community.

 

Provides opportunities for all staff to engage in professional development that enhances curriculum renewal, staff performance and student learning.

 

Participates in staff development. Fosters effective professional development based on research and models of desired practices including time for reflection, planning, problem solving and collaboration; repeated practice and feedback; and respect for individual adaptations. Provides opportunities for collegial approaches to professional development. Involves staff in identifying professional development needs.

 

Recognizes and encourages teacher initiatives; celebrates individual and collective achievements as reflected in supervisory documents, school and parent communications and individual communications.

 

II. EFFECTIVE ORGANIZATIONAL

 

LEADERSHIP

 

The effective administrator creates a self-renewing organizational environment that consistently focuses on enabling all students to achieve at high levels.

 

1.

 

PRINCIPLES

 

A.  The administrator applies research and organizational leadership skills.

 

B.  The administrator demonstrates communication skills that are clear, direct and responsive.

 

C.  The administrator creates a positive, informed climate for collegial teaching and learning.

 

DESCRIPTORS

 

1.   Anticipates the impact of decisions.

 

1.

 

2.

 

3.

 

2.

 

Stimulates the development of new programs. Identified and provides opportunities to improve the department's performance.

 

Communicates goals, needs and accomplishments through written communication and forums. Facilitates teamwork, consensus and inquiry during meetings.

 

Presents facts and ideas clearly and concisely orally and in writing.

 

Provides an environment where creativity, exchange of ideas, responsible risk-taking, and experimentation are shared and practiced. Demonstrates respect for the dignity of all individuals by word and deed.

 

D. The administrator facilitates constructive change.

 

E.   The administrator plans for, models, and

 

encourages collaboration and decision-making.

 

1. Exhibits openness to new ideas from others.

 

2. Demonstrates originality in developing policies and procedures.

 

3. Is receptive to new ideas and change, yet accepts the need for stability in the department.

 

1. Develops, participates in, and maintains systems of shared decision making.

 

2. Works with others in setting and accomplishing goals.

 

3. Provides time and resources for collaborative planning.

 

III. EFFECTIVE ADMINISTRATION AND

 

MANAGEMENT

 

A. The administrator carries out personnel selection, supervision, evaluation and management functions for the school or district effectively.

 

1. Conducts selection, orientation/induction, assignment, supervision and evaluation of personnel.

 

2. Implements procedures for supervising, evaluating personnel and due process.

 

1.

 

PRINCIPLES

 

B. The administrator applies current knowledge of policy formation and legal requirements within the scope of his/her responsibility.

 

C.  The administrator applies current knowledge of fiscal management policy and practices within the scope of his/her responsibility.

 

D. The administrator applies current knowledge of auxiliary programs within the scope of his/her responsibility.

 

E. The administrator uses appropriate technologies to administer his/her responsibilities.

 

IV. PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

 

The effective administrator strives to ensure equity for all students and values diversity in the school environment.

 

A. The administrator strives to ensure equity among programs and learning opportunities for staff, students and parents.

 

B. The administrator demonstrates appreciation for and sensitivity to the diversity among individuals.

 

V. EFFECTIVE RELATIONSHIPS WITH

 

THE COMMUNITY

 

The effective administrator interacts with the community responsibly to address the needs of the students.

 

A. The administrator assesses the needs of parents and community members and involves them in decision making.

 

DESCRIPTORS

 

1. Creates a school community through communication with parent groups, associations, scheduled meetings, and interpersonal interactions.

 

2. Implements federal, state and municipal laws, regulations, policies and procedures including the implications of liability and requirements of due process as promulgated in policies and procedures, handbooks and legal documents.

 

1. Analyzes and evaluates financial resources to meet cost requirements of program needs.

 

2. Supervise acquisition and use of supplies and equipment.

 

1. Coordinates community services for students such as Youth and Family Services and other community service agencies.

 

1.   Uses technology management tools for communication, budget, scheduling, and record keeping.

 

1.   Offers equitable access to departmental

 

courses and programs to all staff and students.

 

1. Adapts department curriculum and policies to differences in abilities, modes of contribution and social and cultural backgrounds.

 

1.   Encourages recommendations from parents, students and community members.

 

PRINCIPLES

 

DESCRIPTORS

 

2.  Involves parents and community members in developing the vision, goals, improvement plans, and programs for the department.

 

B.  The administrator promotes partnerships among staff, parents, business and the community.

 

1. Involves parents, community groups and related service agencies in the education of students.

 

2. Enlists volunteers to support instructional needs.

 

C.  The administrator interprets, articulates, and promotes the vision mission, programs, activities and services of the school/district.

 

1.  Communicates the department's vision, goals, needs and accomplishments to students, school personnel, parents, community and the media.

 

VI. FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

 

The effective administrator models professional behaviors that contribute to addressing the needs of student.

 

A.  The administrator demonstrates enthusiasm for his/her own learning.

 

1.  Communicates education research findings and exemplary practices.

 

B.  The administrator demonstrates and promotes an atmosphere of respect for self and others.

 

1.  Incorporates alternative perspectives and encourages contributions from groups that challenge traditional thinking.

 

C.  The administrator models ethical behavior.

 

1.  Interacts with others in a professional manner.

 

B.  The effective administrator promotes

 

partnerships among staff, parents, business and the community.

 

C.  The effective administrator applies current knowledge of policy formation and legal requirements within the scope of his/her responsibility.

 

PRINCIPLES

 

A.  The effective administrator works with others to create learning environments that address the needs of students.

 

1. Approves and supports those school programs which focus on students learning.

 

2. Protects instruction time from outside intrusions.

 

1. Communicates frequently and positively with staff, includes staff in decision making, celebrates staff accomplishments, provides support with parents and maintains discipline in the building in order to maintain high morale among staff members.

 

2. Interacts positively with staff and provides time and opportunity for communication among staff members.

 

3. Promotes a positive image of the school and staff with the public through information disseminated.

 

4. Provides information to parents and the community through handbooks, brochures, fact sheets, and other handouts available at the school or office.

 

5. Arranges time to be available to members of the school community

 

1. Understands and implements federal, state, municipal and contractual laws, regulations, policies and procedures including the implications of liability and requirement of due process.

 

2. Administers school policies and regulations consistently.

 

Employee Discipline and Just Cause

 

17-01 a. The evaluation and supervision procedures do not preclude an administrator from using employee discipline to deal with a situation in which the Superintendent determines that a bargaining unit member's actions are unacceptable. Progressive discipline will be followed (i.e. oral reprimand, written reprimand, suspension without pay, dismissal), unless the Superintendent determines that the seriousness of the unit member's actions warrants initiating discipline beyond an oral reprimand.

 

b. No teacher will be issued a written reprimand, suspended, or dismissed without just cause.

 

c. If the supervisor or evaluator intends a conference to be the first step in the process of employee discipline, the supervisor or evaluator must so inform the teacher in advance of the conference and advise the teacher of his/her right to be accompanied by a representative of the Association. The supervisor or evaluator may have other persons present at any meetings and shall notify the teacher as to whom the supervisor will have with him/her at the meeting.

 

d. Evaluation Reports shall be subject to just cause, but the opinions/judgments of the evaluator are not subject to just cause review. The facts, procedures, the appropriateness of personnel actions taken as a result of the evaluation and the Remedial Plan are subject to review by the arbitrator.

 

e. Any serious and/or recurring complaints regarding the performance of a teacher made to any member of the administration by any parent, student, or other person which has been reduced to writing shall be called to the attention of the unit member.

 

f. The criteria for determining whether there was just cause for employee discipline is as follows:

 

1. Did the Committee or its designee give the teacher forewarning or foreknowledge of the possible or probable disciplinary consequences of the unit member's conduct?

 

2. Was the Committee or its designee's rule or managerial order reasonably related to (a) the orderly, efficient, and safe operation of the schools and (b) the performance that the Committee might properly expect of the unit member?

 

3. Did the Committee or its designee, before administering discipline to a teacher, make an effort to discover whether the teacher did in fact violate or disobey a rule or order?

 

4. Was the Committee's or its designee's investigation conducted fairly and objectively?

 

5. At the investigation did the Committee's representatives obtain substantial evidence or proof that the teacher was guilty as charged?

 

6. Has the Committee or its designee applied its rules, orders and penalties even-handedly and without discrimination to all teachers?

 

7. Was the degree of discipline administered by the administration in a particular case reasonably related to (a) the seriousness of the teacher's proven offense and (b) the record of the teacher in his/her service with the school system?

 

g. It is understood that some conduct does not require forewarning or a detailing of the possible or probable consequences in advance of imposing discipline.

 

h. Notwithstanding the provisions of this Article, the Committee may dismiss an employee without first withholding an increment or freezing a salary at maximum.

 

17-02    GRIEVANCES INVOLVING SUPERVISION AND EVALUATION

 

a. Suspensions pursuant to Massachusetts General Laws, Chapter 168A, Section 25 shall not be subject to the grievance and arbitration procedure.

 

b. The failure to renew the contract of a non-professional status teacher or failure to renew appointment of stipendiary position is not subject to just cause and the grievance or arbitration procedures except as to an allegation of any specific procedure provided for in this Agreement as opposed to the judgments of the supervisor, evaluator, Superintendent or School Committee.

 

c. A grievance alleging deviation from the procedures established by this Agreement for the evaluation of a teacher who has not been dismissed may be processed only through Level Three of the grievance procedure, and shall not be subject to the arbitration provisions of this Agreement, provided that any denial of said grievance shall be without prejudice to refiling of the grievance in the event that said member shall subsequently be dismissed, and provided further that said grievance, if so refiled, shall be subject to the arbitration provisions of this Agreement. The teacher may at his/her discretion file a written notice of an alleged procedural violation within five (5) school days of the event(s) which give rise to the notice in lieu of filing a grievance. Said notice will preserve the teacher's right to subsequently file a grievance based upon the same events provided the teacher has given a copy of said notice to his/her building principal and the Superintendent.

 

d. Evaluation reports shall be subject to just cause, but the opinions/judgments of the evaluator are not subject to just cause review. The facts, procedures, the appropriateness of personnel actions, other than non-renewal, taken as a result of the evaluation and the Remedial Plan are subject to review by the arbitrator.

 

17-03    DISMISSAL PROCEDURE

 

a. In order to dismiss a professional status teacher for inefficiency and/or incompetency, as opposed to incapacity, conduct unbecoming, insubordination or other good cause as provided for in General Laws, C. 71, Section 42 and 42A, the following procedures must be followed:

 

1. Following two consecutive Supervision Cycles in which the teacher's performance has been rated as "unsatisfactory" by the supervisor, the Superintendent may place the teacher in an Evaluation Cycle providing a Remedial Plan is prepared within 30 calendar days.

 

2. An evaluation report must be prepared within 40 school days following the delivery of the Remedial Plan to the teacher. If the teacher's performance is rated as "satisfactory," the teacher shall be returned to the normal Supervision Cycle during the next school year. If the Evaluation Report rates the teacher's performance as "unsatisfactory", a meeting will be held with the Superintendent at which time the Remedial Plan shall be reviewed and the teacher shall be issued a written warning that if following the next Evaluation Cycle (60-90 school days) the teacher's performance is still unsatisfactory, the Principal will recommend to the Superintendent that the teacher be dismissed. Two Evaluation Reports with an overall rating of "unsatisfactory" shall constitute just cause to dismiss a professional status teacher.

 

3. No professional status teacher may be dismissed any sooner than 180 school days following the receipt of two consecutive Supervision Cycles which have been rated as unsatisfactory.

 

Layoff and Recall

 

Layoff:

 

18-01 If the Committee decides to reduce the number of professional status teachers or professional status administrators, such reduction shall be consistent with the General Laws of the Commonwealth.

 

18-02 If, in the judgment of the Committee, it is necessary to layoff professional status teachers or professional status administrators, then the employee with the least seniority in the classification shall be laid off first.

 

18-03 If the Committee decides to reduce by layoff the number of professional status teachers or professional status administrators, the layoffs shall be carried out, in accordance with the procedures described below, within the following classifications:

 

a. Mathematics and Mathematics Coach

 

b. English

 

c. Science

 

d. Social Studies

 

e. Technology Education

 

f. Family and Consumer Science

 

g. ROTC

 

h. Foreign Language

 

i. Instructional Technology j. Elementary

 

k. Music

 

l.  Art

 

m. Physical Education n.   Reading o.   Guidance

 

p.   Special Education Teachers

 

q. Special Education Specialists, which includes Psychologist, Adaptive Physical Education Teacher, SPED Early Childhood Coordinator, Pre-School Teacher, Speech/Hearing, Behaviorist, and Occupational Therapist.

 

r.   Special Education Assistant Director

 

s.   Alternative Education Teacher

 

t.   Librarian

 

u.   ELL Coordinator and ESL Teacher v.   Secondary Assistant Principals w.  Health Education

 

x.   Skills Center Teacher and Student Owned Strategies Teacher (SOS)

 

y.   Adjustment Counselor

 

z.   Dance Teacher

 

aa. Planning Center Teacher

 

bb. Athletic Director

 

cc. Gifted and Talented Teacher

 

In those classifications which include more than one certification area (i.e. science, foreign language, special education) seniority grouping, bumping rights, and/or recall rights are limited to those subject areas for which a laid off employee is certified.

 

18-04 a. Seniority shall be determined by the length of uninterrupted service within the bargaining unit in years, months and days on the Seniority List approved by the parties to this Agreement. The period of any unpaid leave (Family Leave and Extended Personal Leave) authorized under this Agreement, and commencing after July 1, 1985, shall not be credited toward length of continuous service in the school system for purposes of this Article. Said list shall be prepared by the Superintendent and sent to the Association President and each member of the bargaining unit within 39 days following the execution of this Agreement and on or before each November 1st thereafter. Unless the list is challenged prior to December 1st by a written notice to the Superintendent and the President of the Association, which sets forth the factual basis for the challenge, it shall be deemed to be accurate until a subsequent list has been issued. In the event of a challenge, The Association will have thirty (30) calendar days in which to notify the Superintendent of its position on the merits of the challenge. If the challenge calls for a revision of the Seniority List, the Superintendent shall issue a new List before January 15th. Any teacher who is still aggrieved by the List must file a grievance in accordance with the provisions of Article 5 otherwise the List shall be deemed to be accurate until a new List is issued. Ties in length of service shall be resolved by the application of the prior interrupted service, if any, in the Bedford Public Schools; and if still unresolved by lot.

 

Part-time teachers who work at least half-time (.5) will be included on the seniority list and earn seniority at the rate of one (1) year for two (2) years of service (e.g. 2 years at .5 or more but less than full time = 1 year of seniority).

 

b. Professional status teachers or professional status administrators who have been granted leaves of absence under the Agreement, or who have applied for early retirement under Article 34 hereof, shall be subject to consideration for possible layoff under the Agreement together with all personnel actively employed in their respective classifications as set forth in section 18-03 hereof.

 

c. Professional status teachers or professional status administrators will be laid off only at the end of a school year, and shall be given written notice by April 15th of the school year prior to the school year in which the layoff or reduced workload will take effect. The number of said notices shall be the minimum number necessary to reduce the number and/or workloads of professional status teachers or professional status administrators to the staffing levels determined by the Committee to be necessary for the next school year. If it is known that a budget different from the budget recommended by the Committee for the next school year will be presented to the Annual Town Meeting, the Committee shall issue contingency notices of possible additional layoffs. As positions open up, designated teachers will have their layoff notices rescinded, but along with all professional status teachers or professional status administrators on leave, need not be assigned to a specific position until August 15.

 

d. Professional status teachers or professional status administrators will be laid off only at the end of a school year, and shall be given written notice by April 15th of the school year prior to the school year in which the layoff or reduced workload will take effect. If said employee shall elect to have his/her layoff treated as a leave of absence, he/she shall waive his/her said rights under Massachusetts G.L. Chapter 71, sections 41 and 42 in writing not later than the date on which the Committee's said vote is to be taken, and shall, if laid off, have recall rights as provided in the Agreement, provided that the period of such leave of absence shall not be considered as service in the Bedford school system for any purpose under this Agreement.

 

e. In each classification affected by layoff pursuant to the foregoing provisions, there shall be exempted from designation for layoff the teacher who is determined by the Superintendent to be the only teacher in the classification who is qualified, on the basis of teaching experience and extent of academic preparation, to teach a course which is offered or to be offered.

 

f. Secondary Assistant Principals, Program Directors and Program Administrators, who have served in said positions for more than three years, as of July 1, 1992, shall not be subject to layoff while assigned to a position which includes administrative duties. If said position is abolished by the Committee, the affected employee will revert to a full-time teaching position in his/her classification.

 

A decrease in administrative time for Secondary Assistant Principals, Program Directors and Program Administrators shall be considered a reduction-in-force for purposes of applying this section.

 

g. In the event of the reduction-in-force of an employee in classifications, V, said employee will be entitled to fall-back into a classification in which he/she is teaching or has most recently taught in Bedford, if there is an employee with less seniority in the classification on the effective date of layoff.

 

h. Any professional status teacher transferred, voluntarily or involuntarily, who then becomes subject to a reduction-in-force, will be entitled to fallback into the classification from which he or she was most recently transferred. The provisions of this section apply only to those employees who have transferred

 

since July 1, 1989.

 

i. Physical Education Teachers employed as of July 1, 1992 who also hold certification in Health Education will be included on the seniority list for Health Education.

 

18-05 a. This subsection shall apply to any transfer of a professional status teacher, the intent of which is to reduce or eliminate the then existing need to lay off another professional status teacher, or the then foreseen effect of which will be to reduce or eliminate such a need in the future. If, subsequent to such a transfer, the transferee shall be designated for layoff, he/she shall be involuntarily retransferred to his/her original classification, provide that the retransfer will eliminate the need for such layoff.

 

b. This subsection shall apply in the event that the transfer of a professional status teacher shall have the actual effect, within two (2) years of its implementation, of reducing or eliminating the then existing need to lay off another professional status teacher. If, subsequent to the occurrence of such event, the transferee shall be designated for layoff, the retransfer provisions of subsection a., above, including the stated proviso, shall be applied.

 

Recall:

 

18-06 Professional status teachers who have been laid off and who have elected to have the layoff treated as a leave of absence pursuant to section 18-04d of this Agreement, will have recall rights as described below, commencing with the last day of employment before layoff and ending with the first full school day in the September two years thereafter. Recall will be in reverse order of layoff.

 

18-07 If a vacancy occurs in the classification from which the teacher was laid off, then the laid off teacher, if certified at the time of layoff, will be recalled to fill any vacancy in that classification as listed in Article

 

18-03.

 

18-08 If a vacancy occurs in a classification in which a laid-off teacher has taught at least one year in Bedford within the past five years prior to the effective date of layoff, then the laid-off teacher will be recalled to fill that vacancy.

 

18-09 If a vacancy occurs in a classification other than that from which a teacher was laid off, then the teacher will be recalled to fill that vacancy if the Superintendent determines that the teacher is qualified to fill that vacancy. In making such determination, the Superintendent will use the criteria enumerated in 18-02.

 

18-10   Teachers will be notified of recall via certified mail at their last address on record in the Superintendent's

 

Office.

 

A teacher shall have fifteen (15) days upon receipt of notification to notify the Superintendent of his acceptance/rejection and to be available to start. A teacher who rejects recall or who does not respond within the fifteen days shall forfeit all further rights to recall. A teacher laid off from a full-time position may refuse recall to a part-time position without forfeiting recall rights except recall to the refused position once that position has been filled.

 

18-11 A teacher who is recalled shall have the same benefits he/she had at the time of layoff with respect to professional status, unused sick leave (subject to Article 31-05a. hereof) and placement on the salary schedule, and, during the period of layoff, shall be entitled to maintain his/her membership in the health and insurance plans provided in Article 39 hereof, provided that he/she shall pay the entire cost of such health and insurance plan coverage.

 

18-12 If the Committee determines in its sole discretion to lay off personnel then said determination will not be subject to Article 5 - Grievance and Arbitration - except as to the accuracy of the seniority list.

 

Reduction in Rank or Compensation

 

19-01   No teacher shall be reduced in rank or compensation except for just cause.

 

ARTICLE 20 Workers' Compensation

 

20-01 When a teacher is absent from work because of an injury which is compensable under the Workers' Compensation Act, the teacher must notify the Superintendent as soon as possible following the injury and must file a Workers' Compensation claim. During the pendency of a claim and during any period in which the teacher receives Workers' Compensation benefits, the teacher may use his/her own accumulated sick leave and the sick leave bank to maintain a full salary. The refusal to file a Workers' Compensation claim for a job related injury will render a teacher ineligible to use accumulated sick leave or the sick leave bank.

 

In the event of a Workers' Compensation Award, the teacher shall return to the Town of Bedford any compensation received for days of absence for which the teacher has received sick leave or sick leave bank payments. In this case, the sick leave or sick leave bank days shall be restored on a prorated basis. The School Committee will aggressively educate employees concerning eligibility for and procedures for filing a worker's compensation claim.

 

ARTICLE 21

 

Serious Illness in the Family Leave

 

21-01 In any one school year, five (5) of the fifteen (15) days intended for sick leave may be used by a teacher if his/her absence is necessary in case of illness of a spouse, child, parent or members of the immediate household.

 

ARTICLE 22

 

Personal Business Leave

 

22-01    Each employee may have three (3) days per year, non-cumulative, for those purposes listed below:

a.

Specific religious holidays

b.

Emergency cases involving medical diagnosis

c.

Court cases specifically involving the teacher

d.

Attendance at the funeral of a person outside the immediate family

e.

Other purposes at the discretion of the Superintendent

f.

Unstated personal reasons.

No half-day personal days will be allowed. Prior approval from the Superintendent for using more than one (1) personal day at a time is required.

 

22-02   Personal business days, except in the case of an emergency, should be requested in writing at least 72 hours prior to the date of the absence, however, such leave shall not unreasonably be withheld.

 

22-03   Personal business days will not be granted on days before or after the holidays or vacations except at the discretion of the Superintendent.

 

ARTICLE 23 Bereavement Leave

 

23-01 In the event of a death in the immediate family, the teacher shall be entitled to leave with pay for up to five (5) workdays falling within two weeks following the day of the death. The immediate family for this article shall be defined as husband, wife, domestic partner, son, daughter, mother, father, brother, sister, or anyone living in the teacher's household. Five (5) additional days without loss of pay may be granted at the sole discretion of the Superintendent.

 

Teachers will be allowed time off without loss of pay for up to two (2) working days within two weeks following the death of a relative of the teacher. For this section, relative shall be defined as aunt, uncle, grandparent, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, grandchildren, niece or nephew.

 

ARTICLE 24 Family Care Leave

 

24-01 In order to be eligible for Family Care Leave beyond that provided for by law, the parent of a new born child must have completed at least three years of service in Bedford. Such leave shall commence as follows:

 

a. For father: upon the birth of the child.

 

b. For mothers: upon the birth of the child or upon recovery from the pregnancy-related disability as requested by the teacher.

 

The termination of such leave shall be indicated in his/her request. However, the teacher must return to active teaching no later than the beginning of the school year following the first birthday of the child or may return earlier if mutually agreed upon by teacher and Superintendent.

 

24-02 A leave of absence without pay will, upon request, be granted to any teacher who has accepted a child as part of adoption proceedings. Such leave shall commence at the time of the adoption. The termination of such leave shall be indicated in his/her request. However, the teacher must return to active teaching no later than the beginning of the second school year following the adoption or may return earlier if mutually agreed by teacher and Superintendent.

 

24-03 A leave of absence without pay will, upon request, be granted to any teacher for the purpose of taking care of a member of the teacher's immediate family when the presence of the teacher is required, subject to the following conditions:

 

a. Such leave shall be granted only during a single school year.

 

b. No more than one such leave will be granted to a teacher during any school year.

 

c. The starting and expected termination dates shall be indicated in the request. The duration of the leave may be extended by mutual consent between the teacher and the Superintendent.

 

24-04 If a leave is approved under this Article for more than twenty-five (25) school days, the return must be on or before the halfway point of a marking period or at the conclusion of the December, February, or April scheduled school closings.

 

24-05 A teacher on family care leave under any of the foregoing provisions shall give written notice to the Superintendent of intention to return to active teaching as follows:

 

a.   By February 15, if scheduled to return at the beginning of the following school year.

 

b. In the case of leaves commencing after February 15, and approved for more than twenty-five (25) school days, by fifteen (15) school days prior to the scheduled date of return, but in no event later than the June 15th following commencement of the leave.

 

c. If the Superintendent fails to receive notice as provided in subsections a. and b. above, he/she will send a written request for such notice to the last-known address of the employee, certified mail, return receipt requested. If the teacher fails to respond within ten (10) days of the mailing of such request, the teacher will, to the extent permitted by law, be deemed to have resigned.

 

24-06   A teacher on family care leave shall not be permitted to accrue sick leave during the period of such leave.

 

24-07 During the period of a leave approved under this Article, the teacher shall accrue no credit for increment or longevity, except as hereafter provided. Upon return from such leave, the teacher will be placed on the step in the salary schedule which he/she held prior to the commencement of the leave, except that a teacher who has completed at least ninety-three (93) days of teaching in the school year in which the leave commences shall, upon return from leave, receive credit for up to a maximum of one (1) school year of teaching for increment and longevity purposes.

 

24-08 The teacher, upon return from family care leave, shall be restored to the position which he/she held when his/her leave began, or to a substantially equivalent position.

 

24-09 Except as otherwise required by G.L. C. 149, Section 105D, and the FMLA of 1993, a teacher must have completed at least three years of employment in Bedford before he/she is eligible for Family Care Leave. A summary of G.L. C. 149, Section 105D and the Family Medical Leave Act, are Appendix F to this Agreement for information purposes only.

 

ARTICLE 25 Sabbatical Leave

 

25-01 Sabbatical leave may be granted by the School Committee for the purpose of improving instruction in the Bedford Schools. A leave of absence may be granted for professional study or directed research which, in the judgments of the Principal, Superintendent and School Committee, will increase the professional ability of the teacher or administrator requesting the sabbatical leave.

 

25-02 Sabbatical leave may be granted only at the discretion of the School Committee upon the recommendations of the Principal and Superintendent. A decision by the Committee to deny an application for sabbatical leave shall not be subject to the grievance and arbitration provisions of this Agreement.

 

25-03 Regularly appointed members of the teaching, supervisory or administrative staff, who have professional status and have completed seven (7) consecutive years of continuous service within the local school system, not to include the period of any unpaid leave granted under this Agreement, are eligible for sabbatical leave. The term "teacher" is defined as any member of the professional staff.

 

25-04   Application for Leave

 

a. Personnel who meet the requirements for a sabbatical leave should present a letter of application for leave between January 2 and March 1 for any sabbatical leave period which will interrupt their services in the local school system for any portion of the next school year. Applications will be accepted and decisions rendered by the School Committee no later than May 1. The application shall be on a form prepared by the Superintendent after consultation with the Association.

 

b. No more than three (3) sabbatical leaves shall be granted in any school year.

 

25-05 Effect of Leave on Salary Increment. The term in which study leave is taken will be accepted as an equivalent period of teaching, administration or supervision and will count toward increases on the salary schedule, provided the required number of acceptable college credits have been earned during such time.

 

25-06 The sabbatical year will be treated as a year of Bedford experience for salary purposes for all members of the A and B groups.

 

25-07 Sabbatical leave may be granted for a maximum period of one (1) year. Sabbatical leave will be granted only on the basis of one-half school year or full year.

 

25-08 Extent and Distribution of Leaves. A teacher granted a sabbatical leave may not receive a second sabbatical leave within a period of seven (7) years.

 

25-09 The salary amount to be paid while on leave shall be based on the salary earned for the 10 months' teaching year from September 1 - June 30 and at the salary rate of one-half pay for a full year of leave or full pay for one-half year of leave. That is, pay or compensation shall be based upon the amount of salary which a "teacher" would have earned had he/she not been on leave of absence. Regularly appointed members of the teaching staff, who have professional status and have completed fourteen (14) consecutive years of continuous service within the local school system are eligible for sabbatical leave with full pay for a full year of leave.

 

25-10 Teachers shall not engage in remunerative work while on leave, except as hereinafter provided. Scholarships and fellowships in approved colleges and universities, which do not interfere with the program of professional improvement, are excepted. If other remunerative work is desired by the teacher on leave, arrangements satisfactory to the Superintendent of Schools shall be made.

 

25-11 The teacher returning from sabbatical leave shall submit a report to the Superintendent containing transcripts of all college or university work done while on leave and all other items of information pertinent to an evaluation of his/her program.

 

25-12 The teacher or administrator shall enter into written agreement with the School Committee, that, upon termination of such leave, he/she will return to service in the Bedford schools of such city or town 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 Bedford 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.

 

ARTICLE 26 Professional Leave

 

26-01 If prior written approval to attend has been granted by the Superintendent, the School Committee will pay, up to $100.00, budgeted expenses upon submittal of itemized voucher for fees, meals, lodging, and transportation incurred by teachers who attend seminars, workshops, conferences, and other professional activities with the approval of the Superintendent.

 

If at the end of a school year, unexpended monies remain in the in-state expense accounts, said monies shall be distributed on a pro-rated basis to the teachers who have not been fully reimbursed for the in-state expenses incurred in connection with such attendance, provided that the teachers who have not received full reimbursement of the first $100.00 of their said expenses shall be so reimbursed before any prorated distribution is made. The same procedure shall be followed for reimbursement of out-of-state expenses incurred in connection with such attendance. The foregoing provisions shall not apply where a teacher's attendance has been specifically requested by the Superintendent.

 

26-02   Days spent on such professional activities will not be charged to sick leave.

 

ARTICLE 27

 

Military Leave

 

27-01 A teacher will be entitled each year to a maximum of ten (10) days paid leave when called into temporary active duty of any unit of U. S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal government.

 

27-02   A teacher who leaves the Bedford School System to fulfill a military obligation shall receive full credit on the salary schedule for this time.

 

ARTICLE 28 Jury Duty

 

28-01    The Committee agrees that teachers who are called for Jury Duty shall not suffer any loss in income.

 

a. The teacher shall continue to be paid at the same rate he/she would have been paid had he/she not been required to serve.

 

b. At the end of such service, the teacher will:

 

1. Sign over to the School Department any checks received for Jury Duty pay (not including payment for mileage and other expenses), or

 

2. Present a certified check for the amount of such pay to the School Department.

 

ARTICLE 29 Extended Personal Leave

 

29-01    Subject to the conditions enumerated below, professional status teachers will, upon request, be granted a leave of absence without pay for personal reasons:

 

a. Such leave must be for one school year but may be extended for an additional school year at the discretion of the Superintendent if the teacher requests such extension.

 

b. The teacher will receive no salary or benefits but may remain in the health plan and pay the entire premium himself/herself.

 

c. No more than one such leave need be granted for any one school year. If more than one teacher applies, the Superintendent will have discretion as to which applicant will be granted the leave. The Superintendent, at his/her discretion, may grant more than one such leave per school year.

 

d. A teacher on such leave must notify the Superintendent in writing by February 15 of his/her intention to return the following September. If the Superintendent fails to receive such timely notice, he/she will send a written request for such notice to the last-known address of the employee, certified mail, return receipt requested. If the teacher fails to respond within ten (10) days of the mailing of such request, he/she will, to the extent permitted by law, be deemed to have resigned.

 

e. During the period of a leave approved under this Article, the teacher shall accrue no credit for increment or longevity, except as hereafter provided. Upon return from such leave, the teacher shall be restored to the position which he/she formerly held or a substantially equivalent position; shall be placed on the step in the salary schedule which he/she held prior to the commencement of leave, except that a teacher who has completed at least ninety-three (93) days of teaching in the school year in which the leave commences, upon return from leave, shall receive credit for up to a maximum of one (1) school year of teaching for the purposes of increment and longevity; and shall have restored to him/her previously accrued sick leave and years of service toward sabbatical eligibility.

 

f. Applications for a leave to begin in September of a particular year must be made by March 15 of the preceding year but the Committee may, at its discretion, waive this requirement.

 

Leave-General

 

30-01 A medical certificate or other suitable evidence may be required in all cases of absence with the exception of the "no cause" personal day.

 

30-02 The Superintendent may request such evidence by writing to the teacher and may stipulate a reasonable deadline for the submission of such evidence. Should the teacher fail to meet such deadline, all salary and benefits shall cease until the evidence is submitted.

 

ARTICLE 31 Sick Leave

 

31-01 All teachers employed on a full-time basis are allotted fifteen (15) days of sick leave with full pay each year. In cases where an employee is absent for reasons chargeable to sick leave less than fifteen (15) days in any one year, the days not used shall be accumulated for use in subsequent years to a maximum accumulation of 160 days. Sick leave may be accrued at the rate of 1.5 days per month. Part-time teachers working less than five (5) days will have the number of sick days prorated. Part-time teachers who work five (5) days a week will be awarded fifteen (15) days of sick leave per year.

 

31-02 Members of the B-l group who are on a 12-month contract shall be entitled to eighteen (18) days per year accumulated to two hundred (200) days.

 

31-03    Sick leave pursuant to this article shall apply to disabilities caused by or related to pregnancy.

 

31-04    A sick leave bank shall be maintained pursuant to Appendix E.

 

31-05 Teachers who have been in the system for fifteen (15) or more years will be entitled to one day's pay for each five days of accumulated sick leave up to 145 days for teachers and 180 days for B-1's under the following conditions:

 

a. If the teacher is laid off and the teacher receives pay under this section and is later recalled, he/she shall return with no accumulated sick leave, provided that the foregoing provision shall not apply if the teacher has reimbursed the Town for such pay.

 

b. If the teacher retires and the Committee receives notice of said retirement from the Massachusetts Teachers' Retirement Board, or other verification of the teacher's retirement (i.e. a retirement stub from the MTRB) within the fiscal year following the year of the teacher's last day of work in Bedford. This provision takes effect immediately for all employees hired by the Committee after July 1, 1994. For those in the employ of the school district the language of this Section 31-05(b) of the previous agreement ("If a teacher retires and the Committee receives notice of retirement from the Massachusetts Teachers' Retirement Board") shall govern up to and including June 30, 1996; thereafter the above language shall govern all employees.

 

c. If the teacher dies, the amount will be paid to the estate of the teacher.

 

d. If the teacher so requests, the payment may be delayed to the following January 1.

 

31-06 In case of sick leave, the Superintendent may require an examination by a physician to be selected by the employee from a list provided by the Superintendent. Such an examination will be at School Department expense.

 

31-07 The District will make available to each teacher their total accumulated sick days by November 1 of each school year.

 

Early Retirement Incentive

 

32-01 The Committee will offer an early retirement incentive plan for teachers employed by the Bedford Public Schools as of September 1, 2011.

 

32-02    To qualify for early retirement, the staff member must:

 

a. Be employed under an existing contract with the Committee;

 

b. Be employed by the Bedford Public Schools prior to September 1, 2011; and

 

c. Have a minimum of fifteen (15) years of continuous professional service in Bedford at the time of retirement. The period of any leave authorized under this Agreement shall not be considered an interruption in service, nor, except in the case of sabbatical leave, shall it be credited toward continuous service, provided that a teacher who has served for at least ninety-three (93) days in the school year in which the leave commences shall be credited with up to a maximum of one (1) school year toward continuous service for the purposes of this Article.

 

32-03 The Committee will offer an incentive plan for early retirement, under which compensation will be calculated on the basis of a salary increase on a ratio of 1.25, not to include longevity, provided that written notice of intent to retire early must be given not less than six (6) months before the early retirement is to take effect. The increased salary shall be payable for the period between the time of the notice and the date of retirement, provided that said period shall not exceed one (1) year prior to the date of retirement. If such notice is given not later than the January 15th of the school year preceding the school year in which the retirement is to take effect, the increased salary will be paid in ten (10) equal payments on the last school day of each month. If the notice is given at a later date, not later than six (6) months before the retirement is due to take effect, the increased salary will be paid in a lump sum in the July of the fiscal year after retirement. If the retiree requests, the payment may be delayed until the January 1 following the retirement.

 

ARTICLE 33

 

Transportation Allowance

 

33-01 All personnel whose assigned duties require regular job related travel in and out of the Town of Bedford shall receive budgeted compensation at the then effective rate as determined by the Internal Revenue Service for travel upon submittal of an itemized voucher unless otherwise reimbursed. Such travel does not require prior approval.

 

33-02 All travel, except that travel provided for in 34-01, requires prior approval. All personnel whose travel has been approved shall be reimbursed at the then effective rate as determined by the Internal Revenue Service upon submittal of a voucher unless otherwise reimbursed.

 

33-03 The Committee will make every effort to expedite payments for transportation allowances. With initial approval, the Administration will issue specific instructions regarding the required documentation.

 

ARTICLE 34

 

Reimbursement

 

34-01 All properly completed vouchers filed by any teacher entitled to reimbursement shall be processed and forwarded to the appropriate town office within thirty (30) days of submission by the teacher.

 

ARTICLE 35 Tutoring Rates

 

35-01 Any teacher who, with approval from the Superintendent or her/his designee, provides tutoring services to a student beyond the teacher's regular workday, shall be paid the rate of $30.66/hour of tutoring.

 

ARTICLE 36

 

Summer, Evening and Federal Programs

 

36-01 The Superintendent retains the right to appoint the director or directors of summer school, evening school, and federal projects (as required), on an annual basis, to outline the duties of each director, select the courses, and appoint the teachers annually at its discretion. The Superintendent will provide a general notice to the staff of all work opportunities which may arise under this Article.

 

36-02 The directors of summer school and evening school will publicize positions available by notifying the Association in writing and via internal electronic mail to all staff by using the First Class Folder.

 

36-03 Bedford teachers will be given consideration for all vacancies to be filled in summer school and evening school. Summer employment will be considered for anyone interested in working during the summer months.

 

36-04 In filling such positions, careful consideration will be given to a teacher's area of competence, major and/or minor field of study, and quality of teaching performance.

 

36-05 Teachers in groups A and B-2, who with prior written approval from the Superintendent, work during the summer months for the purposes of curriculum development, counseling services, Federal Grant Programs or Projects, or other teacher functions shall be paid biweekly during such employment at the per diem rate of 1/184th of their annual salary up to a maximum of 1/200th of Step 10 in the Master's degree column of the teachers' salary schedule. Payment for less than a full workday of such work shall be pro-rated on the basis that eight (8) hours constitutes a full workday.

 

36-06    Those appointments, if possible, will be made by May 15.

 

ARTICLE 37

 

Professional Improvement

 

37-01 The School Committee reaffirms its continuance of the graduate study reimbursement policy and said Graduate Study Reimbursement Policy reads as follows:

 

The Bedford School Committee will reimburse professional school personnel who undertake graduate study courses in the pursuit of professional improvement. This reimbursement shall be in an amount equal to fifty (50) percent of the actual tuition cost of the courses to be taken and 50% of tuition and mandated fees of the courses taken at a Massachusetts State College or University, provided the following terms and conditions are met:

 

1. Professional Status. Eligibility requires that a professional member has achieved professional status in the Bedford Schools.

 

2. Matriculation. All courses undertaken must be applied to the attainment of an advanced degree, i.e., Master's Degree, Certificate of Advanced Study (including a C.A.G.S. and Six-Year Professional Certificate), or a Doctor's Degree at an accredited college or university subject to the Superintendent's approval of the course of studies, and other courses approved by the Superintendent. In either case, the Superintendent's approval shall not be unreasonably withheld. In all cases in which the Superintendent denies approval he/she shall communicate his/her reasons for such denial in writing to the teacher.

 

3. Official Transcript. Evidence of successful completion of the approved courses must be submitted to the Office of the Superintendent of Schools.

 

4. Maximum Number of Semester Hours. Professional staff members shall be limited in the number of semester hours which may be included in this reimbursement policy to a maximum of six (6) hours per semester and six (6) hours per summer session.

 

5. Veterans. Military veterans who are pursuing their graduate study at institutions of higher learning, in which they are privileged by exemption from tuition charges, shall not be further reimbursed under this policy.

 

6. Method of Reimbursement Payment. When evidence of successful completion of approved courses is submitted along with the receipt of payment of the tuition charges to the college or university, a fifty percent reimbursement voucher will be drawn in behalf of the professional staff member and payment will follow shortly thereafter.

 

7. Graduate study vouchers may be awarded to staff members when available in lieu of any graduate study reimbursement.

 

8. All teachers who begin employment on or after July 1, 2002 shall be required to complete the EMI course or a comparable anti-racism course approved by the Superintendent within the first three (3) years, at no cost to the teacher. The teacher, upon completion of the EMI course, will be awarded two (2) in-service credits.

 

37-02    GUIDELINES FOR DISBURSEMENT OF VOUCHERS FOR GRADUATE STUDY

 

The distribution of vouchers accumulated in the Bedford Public Schools as a result of cooperation with colleges in the training of future teachers shall be the responsibility of the Superintendent of Schools in accordance with the purposes and policies of the School Committee. The following methods shall be used for distributing graduate school vouchers.

 

1. The first award shall go to the cooperating or supervising teacher who is considered to be the primary source of assistance to the trainee.

 

2. Next the voucher shall be offered to teachers or administrators who have done some specific classroom work with the student teacher.

 

3. The remaining vouchers shall be distributed at the discretion of the school administration to those professional status teachers who are eligible for graduate study reimbursement under the School Committee rules and regulations. If a professional status teacher plans to take courses for which reimbursement is to be requested under the Graduate Study Reimbursement Policy, he/she must so notify the Superintendent's office in advance in order that an available voucher may be reserved for his/her use.

 

4. Existing vouchers shall next be distributed to school personnel instructed by the school administration to take a specific course for professional improvement which in turn will enhance the effectiveness of the teacher and improve the learning process for Bedford students.

 

5. Remaining vouchers are then offered to eligible members of the professional teaching staff with awards made depending on the availability of vouchers to meet the individual teacher need.

 

6. At this point if any vouchers remain they shall be shared among those staff members interested in professional advancement or awarded as a result of a drawing allowing distribution through this element of chance. Those staff members interested in these vouchers will be given the opportunity to decide which method should be employed to arrive at the persons to whom the vouchers shall be awarded.

 

37-03 School personnel interested in receiving a graduate study voucher shall make requests for them by completing and submitting the necessary application form provided by the Superintendent's office.

 

37-04 If a course of a type not previously taught in the system is to be introduced into the curriculum and if the Superintendent believes that the teacher who is assigned to teach the course does not have the necessary background, and if the Superintendent requests the teacher to take appropriate course work then the Superintendent will notify the teacher in writing that he/she will be reimbursed for 100% of the costs including tuition, fees, books and reasonable transportation.

 

37-05 There shall be a Professional Development Committee (PDC) consisting of eight (8) members, four (4) appointed by the BEA and four (4) appointed by the Superintendent. Each appointee will serve two (2) years in a manner that every year only half of the committee will be up for reappointment. The PDC will act as the steering committee for all function of the monies apportioned to the Professional Development Committee. The PDC shall have an annual budget of no less than $20,000 for professional development activities. The PDC will have the following responsibilities:

 

1. To assist in the planning, organizing and evaluation of the professional development activities assigned to the PDC.

 

2. To assist in the development and publication of the annual professional development offerings.

 

3. To receive and approve proposals for in-service courses assigned to the PDC. Preference will be given to courses taught onsite by faculty members.

 

4. To review and recommend to the Superintendent in-service credit for courses assigned to the PDC. Upon successful completion, awarding of credits for courses taught onsite should be automatic. Awarding of credits for courses taken at another location must be relative to the teacher's job assignment and reflect the system's goals.

 

5. To recommend to the Superintendent reimbursement up to 50% for courses taken at an accredited institution or a PDP provider sanctioned and approved by the PDC. Outside agency approval: The provider must be an accredited institution or a PDP provider sanctioned and approved by the

 

PDC.

 

6. To survey the faculty twice a year to determine those areas of critical need in professional development.

 

Faculty who teach an approved in-service course will receive in-service credits and be paid a stipend of $500 per in-service credit. Faculty who serve on the PDC will receive three (3) in-service credits per year.

 

1. Awarding of In-service Credits

 

Purpose: The goal of in-service credits is to offer opportunities for graduate-like credit for teachers in a more cost-effective manner. To receive in-service credits, the teacher must:

 

• Demonstrate that the study was completed outside the workday

 

• Provide evidence that the course work is rigorous and related to his/her job assignment in Bedford.

 

2. Reimbursement

 

After determining the amount of committed instructor's stipends, by April 1 of a school year, the PDC may use the balance of the $20,000 budget allocation to recommend the awarding of reimbursement up to 50% for courses taken by individual teachers. Such reimbursement recommendations must be received by the Superintendent by May 15th. Final approval will rest with the Superintendent of Schools.

 

3. Guidelines

 

• Course reimbursement should be pro-rated with distinctions made for professional vs. non-professional status teachers.

 

• Courses must be relative to the teacher's job assignment and reflect the system's goals.

 

When evidence of successful completion of appropriate courses along with the receipt of payment of the relevant charges has been submitted, then a reimbursement will be issued.

 

37-06   One (1) in-service credit will be awarded to those teachers serving a year on School Council.

 

ARTICLE 38 Salaries

 

38-01 Salaries for all positions are contained in the Appendices which are part of this Agreement. Salaries for part-time employees shall be pro-rated based on the salaries contained in Appendix A.

 

38-02 The salaries contained in Appendices A, B-2 and B-3 shall be paid in accordance with the options below as each employee shall choose, provided the Business Office of the School Department is so notified in writing of the teacher's choice by June 30th:

 

a. 22 equal pay periods

 

b. 26 equal pay periods

 

38-03    The salaries contained in Appendix B-1 shall be paid in twenty-six equal pay periods.

 

38-04 For teachers in groups A, B-2 and B-3 deductions shall be at the rate of 1/184th of the yearly salary for each day of unexcused absence; for teachers in group B-1 deductions shall be at the rate of 1/200th of the yearly salary for each day of unexcused absence.

 

38-05   The Committee shall make every effort to have payday on Thursdays for all bargaining unit employees.

 

38-06 Effective September 1, 2006, employees will be eligible to participate in a 403B Plan to be established in consultation with the Association. The Committee will match each employee's own contribution up to a maximum of $200 per fiscal year. The financial match will be available through any of the approved 403B vendors currently available through the district, and for any new vendors that meet the requirement of the third-party administrator.

 

ARTICLE 39 Insurance

 

39-01    Teachers will have extended to them all health and insurance plans made available to town employees.

 

39-02 Teachers shall be given all health benefit package plans and rate information as soon as possible following their acceptance of an employment offer. In the event of any changes in rates or plans, employees will be notified as soon as possible.

 

39-03    Teachers shall have the option of participating in Section 125 Plans for "Pretax premium payments".

 

39-04   The Association reserves the right to request negotiations regarding any changes in health insurance.

 

ARTICLE 40

 

Teacher Assault

 

a. Teachers shall report to the Superintendent all cases of assault suffered by them:

 

b. at the hands of students or their parents,

 

c. on school premises,

 

d. or arising out of their employment in the Bedford School Department.

 

40-02   The Superintendent shall forward all such reports to the School Committee.

 

40-03 The Committee shall comply with reasonable requests from the teacher for information not privileged under law which it has in its possession relating to the incident or to the person involved.

 

ARTICLE 41

 

Protection of Personal Property

 

41-01 If a teacher sustains a loss of at least $100 to personal property owned by such teacher as a result of vandalism or theft while on school property, then the Committee will reimburse the teacher for 50% of the first $200 of such loss unless the first $200 is covered by insurance. In cases involving damage to automobiles, teachers will be reimbursed up to $200. Such reimbursement shall be made only if the Committee (or its designee) determines that the loss occurred on school property and there was no negligence on the part of the teacher.

 

ARTICLE 42

 

Non-Resident Children of Teachers

 

42-01 The Committee agrees to permit children of teachers not resident in Bedford to attend Bedford schools tuition-free, provided that such attendance shall not require the Committee (pursuant to its own policies) to increase staff, and provided further that, if such children require special services, the costs of such special services shall be paid by the teachers. The Committee's refusal to grant such permission in a given instance shall not be subject to the grievance and arbitration provisions of this Agreement.

 

ARTICLE 43

 

Facilities

 

43-01    An appropriately furnished room will be provided for the exclusive use of the teachers as a faculty lounge.

 

ARTICLE 44 Mentoring

 

During their first year, new teachers will participate in a mentoring program approved by the Department of Education, the cost of which will be covered by the school system. Appropriate in-service credits (3 credits) will be awarded to the mentee for participation in the New Teacher Induction Course. The mentor will also receive appropriate in-service credits (3 in-service credits) upon completion of the Mentor program requirements as well as

 

a stipend of $500.00.

 

During their second year, second-year teachers will participate for fifty (50) hours in a mentoring program as required by the Department of Elementary and Secondary Education and will receive one (1) in-service credit.

 

ARTICLE 45

 

Classroom Visitations

 

45-01 All classroom visits by anyone other than Bedford School Department personnel must be scheduled in advance with the principal. The teacher will be informed in writing of the visitor's request to visit the classroom at least three (3) school days prior to the date of the visit.

 

45-02    On the day of the visit, the visitor must first report to the school office.

 

45-03 The teacher will not be obligated to have any discussion with the visitor that would in any way interfere with the teacher's instruction of the class.

 

Agreement/Bedford School Committee and Bedford Education Association 2011-2014 Page 59

 

45-04

 

If the teacher believes that the visitor is interfering with the educational process, the teacher shall call upon the principal for assistance.

 

45-05    A visitor who requests to visit a classroom shall be provided with a copy of this article.

 

ARTICLE 46

 

Amendment

 

46-01   This Agreement shall not be altered, amended, or changed except in writing and signed by both the Committee and the Association, which such writings shall be appended hereto and become a part hereof.

 

ARTICLE 47

 

Effect of Agreement

 

47-01 The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands with respect to any subject matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

 

ARTICLE 48

 

Severability

 

48-01 In the event that any provision or portion of this Agreement is ultimately ruled invalid for any reason by an authority of established and competent legal jurisdiction, the balance and remainder of this Agreement shall remain in full force and effect.

 

ARTICLE 49 Duration

 

49-01 This Agreement shall be effective July 1, 2011 and shall continue in full force and effect until midnight June 30, 2014. Should either party desire to negotiate a new Agreement for succeeding year(s), such party shall by October 15 of the last year of the Agreement give written notice to the other party. The parties shall then exchange initial proposals seven (7) days prior to the first (1st) meeting date.

 

49-02 Once final agreement between the Committee and the Association has been reached, they will agree on a format for printing the Agreement. The Committee will arrange for the printing of the Agreement and will provide copies to the Association. The cost of such printing will be divided equally between the two parties.

 

IN WITNESS WHEREOF, each of the parties hereunto has caused these presents to be executed by its proper officer hereunto, duly authorized and signature affixed hereto as of the date and year first above written.

 

BEDFORD SCHOOL COMMITTEE

 

BY: Brad Hafer, Chairperson

 

Abigail Seibert, Vice Chairperson Anne Bickford, Secretary Edward Pierce, Member Noreen O'Gara, Member

 

BEDFORD EDUCATION ASSOCIATION

 

BY: Christopher Zellner, President

 

Kristen Tocci, Negotiations Chair

 

For the Committee: For the Association:

 

Brad Hafer, Chairperson Christopher Zellner, President

 

For the Town:

 

Walter J. St. Onge, III, Board of Selectmen

 

APPENDIX A 2011-2012 -- .50% /Step Increase on 91st day

 

BA

BA+30

BA+50/MA

MA+30

MA+50

MA+70/DMA CAGS/PHD

0

$42,122

$44,477

$45,571

$47,126

$48,229

$49,302

1

$45,198

$46,289

$47,380

$48,963

$50,059

$51,133

2

$47,723

$48,830

$49,935

$51,559

$52,669

$53,744

3

$49,828

$50,931

$52,035

$53,682

$54,796

$55,872

4

$52,472

$53,589

$54,707

$56,388

$57,510

$58,597

5

$55,021

$56,137

$57,257

$58,963

$60,095

$61,182

6

$58,294

$59,655

$61,016

$62,771

$63,924

$65,018

7

$61,614

$63,207

$64,803

$66,611

$67,760

$68,863

8

$65,177

$67,021

$68,867

$70,712

$71,879

$72,985

9

$70,317

$72,397

$74,476

$76,377

$77,546

$78,651

10

$73,662

$75,966

$78,267

$80,212

$81,374

$82,482

11

 

$76,852

$80,012

$81,982

$83,149

$83,518

12

 

 

$81,754

$83,139

$84,305

$85,472

13

 

 

 

$83,784

$84,989

$86,191

2012-2013 -- .50% /Step Increase on 91st day

 

BA

BA+30

BA+50/MA

MA+30

MA+50

MA+70/DMA CAGS/PHD

0

$42,332

$44,700

$45,799

$47,362

$48,470

$49,549

1

$45,424

$46,521

$47,617

$49,207

$50,309

$51,389

2

$47,962

$49,074

$50,185

$51,816

$52,932

$54,013

3

$50,077

$51,186

$52,295

$53,950

$55,070

$56,151

4

$52,734

$53,857

$54,981

$56,669

$57,798

$58,890

5

$55,296

$56,418

$57,543

$59,258

$60,395

$61,488

6

$58,585

$59,953

$61,321

$63,085

$64,244

$65,344

7

$61,922

$63,524

$65,127

$66,944

$68,099

$69,207

8

$65,503

$67,357

$69,211

$71,065

$72,238

$73,350

9

$70,668

$72,759

$74,848

$76,759

$77,935

$79,045

10

$74,031

$76,346

$78,659

$80,613

$81,781

$82,895

11

 

$77,237

$80,412

$82,392

$83,564

$83,935

12

 

 

$82,163

$83,554

$84,727

$85,900

13

 

 

 

$84,203

$85,414

$86,622

2013-2014 - 1.00%

 

BA

BA+30

BA+50/MA

0

$42,755

$45,147

$46,257

1

$45,878

$46,986

$48,093

2

$48,442

$49,565

$50,687

3

$50,578

$51,698

$52,818

4

$53,262

$54,395

$55,531

5

$55,849

$56,982

$58,119

6

$59,171

$60,553

$61,934

7

$62,541

$64,159

$65,779

8

$66,158

$68,030

$69,903

9

$71,375

$73,487

$75,596

10

$74,771

$77,109

$79,445

11

 

$78,009

$81,216

12

 

 

$82,984

13

 

 

 

2013-2014 - Additional 1.00% 91st day

 

 

BA

BA+30

BA+50/MA

0

$43,183

$45,598

$46,719

1

$46,337

$47,456

$48,574

2

$48,926

$50,060

$51,194

3

$51,084

$52,215

$53,346

4

$53,794

$54,939

$56,086

5

$56,407

$57,552

$58,700

6

$59,763

$61,158

$62,553

7

$63,166

$64,800

$66,436

8

$66,820

$68,710

$70,602

9

$72,089

$74,222

$76,352

10

$75,519

$77,880

$80,240

11

 

$78,789

$82,028

12

 

 

$83,814

13

MA+30

MA+50

MA+70/DMA

 

 

CAGS/PHD

$47,836

$48,955

$50,044

$49,699

$50,812

$51,903

$52,334

$53,462

$54,553

$54,490

$55,620

$56,713

$57,236

$58,376

$59,478

$59,851

$60,999

$62,103

$63,716

$64,886

$65,997

$67,614

$68,780

$69,899

$71,776

$72,960

$74,084

$77,526

$78,714

$79,835

$81,419

$82,599

$83,724

$83,216

$84,400

$84,774

$84,390

$85,574

$86,759

$85,045

$86,268

$87,488

MA+30

MA+50

MA+70/DMA

 

 

CAGS/PHD

$48,314

$49,444

$50,545

$50,196

$51,321

$52,422

$52,858

$53,996

$55,099

$55,035

$56,177

$57,280

$57,809

$58,959

$60,073

$60,449

$61,609

$62,724

$64,353

$65,535

$66,657

$68,290

$69,468

$70,598

$72,494

$73,690

$74,824

$78,302

$79,501

$80,633

$82,233

$83,425

$84,561

$84,048

$85,244

$85,622

$85,234

$86,430

$87,626

$85,895

$87,131

$88,336

2013-2014 - Annualized Full Year Pay (Informational Only)

0

$42,969

$45,372

$46,488

$48,075

$49,200

$50,295

1

$46,107

$47,221

$48,333

$49,948

$51,067

$52,162

2

$48,684

$49,813

$50,940

$52,596

$53,729

$54,826

3

$50,831

$51,956

$53,082

$54,762

$55,898

$56,996

4

$53,528

$54,667

$55,808

$57,522

$58,668

$59,776

5

$56,128

$57,267

$58,409

$60,150

$61,304

$62,414

6

$59,467

$60,855

$62,244

$64,035

$65,211

$66,327

7

$62,854

$64,480

$66,108

$67,952

$69,124

$70,248

8

$66,489

$68,370

$70,253

$72,135

$73,325

$74,454

9

$71,732

$73,854

$75,974

$77,914

$79,107

$80,234

10

$75,145

$77,495

$79,843

$81,826

$83,012

$84,142

11

 

$78,399

$81,622

$83,632

$84,822

$85,198

12

 

 

$83,399

$84,812

$86,002

$87,192

13

 

 

 

$85,470

$86,699

$87,925

Explanatory Notes:

 

A-l Effective September 1, 2005, credits for the B+30 column and beyond must be taken after the completion of the degree. The one exception to this will be Bedford in-service credits, which are earned concurrently with the degree program. To be eligible for the Bachelor's +30 hours salary scale, the teacher must have (a) thirty hours of approved graduate study following completion of the Bachelor's degree, or (b) earned 30 credits from an accredited institution or (c) In-Service Credits. All credits are subject to the Superintendent's final approval.

 

A-2 Effective September 1, 2005, credits for the B+50/Master's column and beyond must be taken after the completion of the degree. The one exception to this will be Bedford in-service credits, which are earned concurrently with the degree program. To be eligible for the Bachelor's +50 hours or Master's Degree salary scale, the teacher must have (a) a Master's Degree from an accredited institution; (b) fifty hours of approved graduate study following completion of the Bachelor's degree or (c) earned 50 In-Service credits. All credits are subject to the Superintendent's final approval.

 

A-3 Effective September 1, 2005, credits for the M+30 column and beyond must be taken after the completion of the degree. The one exception to this will be Bedford in-service credits, which are earned concurrently with the degree program. To be eligible for the Master's Degree +30 hours of Graduate Study, (a) the teacher must have 30 hours of courses approved by the administration as beneficial to the professional improvement of the teacher and such courses must be taken at an accredited institution following completion of Master's Degree program, or (b) earned 30 credits from an accredited institution or (c) earned 30 In-Service credits. All credits are subject to the Superintendent's final approval.

 

A-4 Effective September 1, 2005, credits for the M+50 column and beyond must be taken after the completion of the degree. The one exception to this will be Bedford in-service credits, which are earned concurrently with the degree program. To be eligible for the Master's Degree +50 or CAGS, the teacher must have (a) a CAGS certificate from an accredited institution, (b) 50 hours of approved graduate study, in addition to the credits needed for a Master's Degree or (c) earned 50 credits from an accredited institution, or (d) have earned 50 In-Service credits. All credits are subject to the Superintendent's final approval.

 

A-5 Effective September 1, 2005, credits for the M+70, Double Master's, CAGS, or Ph.D. column and beyond must be taken after the completion of the degree. The one exception to this will be Bedford in-service credits, which are earned concurrently with the degree program. To be eligible for the Master's Degree +70 hours, Double Master's or Ph.D., the teacher must have (a) a Ph.D. from an accredited institution, (b) two Master's Degrees from accredited institutions, one of which must be in, or reflect concentration in, the subject matter discipline which the teacher is teaching, or (c) have earned 70 credits from an accredited institution. All credits are subject to the Superintendent's final approval.

 

A-6 Teachers shall be granted a permanent longevity increment of $1,000 if they have completed twelve (12) years of professional service in Bedford, and a permanent longevity increment of $1,500 (inclusive of all other longevity increments) if they have completed fifteen (15) years of professional service in Bedford. Teachers shall be granted a permanent longevity increment of $2,000 (inclusive of all other longevity increments) if they have completed twenty (20) years of professional service in Bedford. Teachers shall be granted a permanent longevity increment of $2,800 (inclusive of all other longevity increments) if they have completed twenty-five (25) years of professional service in Bedford. Note: teachers hired prior to July 1, 2002 are eligible for a longevity increment of $760 once they have completed twelve (12) years of professional service in education.

 

A-7 The Committee may, upon recommendation of the Superintendent, withhold a salary increment or freeze a salary at maximum for "cause" following proper notification. "Cause", without limiting the meaning, shall be as defined in Article 16.

 

A-8      Team Leaders, Grade Level Leaders, Elementary, Middle School Curriculum Coordinators and the Head Librarian shall be paid their teacher's salary plus:

 

2011-2014

Step 0

$3,839

Step 1

$4,227

Step 2

$4,616

Step 3

$5,004

Step 4

$5,395

Step 5

$5,782

K-2 Science &

 

Social Studies

2011-2014

Step 0

$2,122

Step 1

$2,207

Step 2

$2,295

Step 3

$2,387

Step 4

$2,483

Step 5

$2,583

3-5 Science & Social

 

Studies

2011-2014

Step 0

$2,652

Step 1

$2,758

Step 2

$2,869

Step 3

$2,984

Step 4

$3,103

Step 5

$3,228

K-2 & 3-5 ELA Math

 

Step 0 Step 1 Step 2 Step 3 Step 4 Step 5

 

2011-2014

 

$3,183

 

$3,315 $3,443 $3,581 $3,724 $3,872

 

Special Education Building Team Chairpersons shall receive a stipend of $2,000 per year.

 

Mentor Facilitators: $2,000

 

New Teacher Induction Course Facilitators:

 

•    Program Supervisor $5,000

 

A-9      The salary for home tutoring shall be at: $30.66

 

There shall be established and maintained a central file of teachers who are interested in home tutoring opportunities, and containing the names of those teachers who have advised the Superintendent's Office in writing of such interest during the month of September of the school year. Administrators responsible for arranging for home tutoring shall consider such teachers, as well as persons not covered by this Agreement, in making final decisions for such arrangements.

 

A-10 Any teacher asked to perform work in connection with the implementation of any in-depth curriculum review and/or development and/or revision beyond the normal teaching assignment shall be paid for such work at the per diem rate of 184th of his/her annual salary up to a maximum of l/200th of Step 10 of the Master's Degree column of the salary schedule. Payment for less than a full workday of such work shall be pro-rated on the basis that eight (8) hours constitutes a full workday. Written approval for such payment shall be obtained in advance from the Superintendent or his/her designee.

 

A-l1 Teachers may move laterally on the scale only at the beginning of a school year or as of the paycheck closest to February 1, and only if they have advised the Superintendent in writing of their intention to move prior to October 15 of the prior school year. Before September 15 of each school year the Superintendent shall issue an appropriate notice of this requirement to each teacher and a form for the teacher's response. No teacher shall be denied lateral movement because of delay in the forwarding of records from the institution(s) where the course work was taken.

 

A-12 In recognition that teachers who contribute their time to chaperone dances incur personal expenses, said teachers shall be compensated for such in the amount of $10.

 

A-13    Teachers will have the following options available:

 

a.   Direct deposit of paychecks.

 

A-14 Beginning September 1, 1996, in-service credit shall apply for placement on the B+30, B+50, MA+30, MA+50 and MA+70 columns. All twenty (20) credits both in-service and approved graduate credits needed to advance to the MA+70 column must be earned after September 1, 1996, unless the person has two (2) Masters or a Doctorate.

 

A-15    Program Administrators will be responsible for the supervision of curriculum in grades 6-12.

 

A-16 The position of Program Administrator for World Languages will be changed to a Program Director Foreign Language with responsibility for grades K-12.

 

APPENDIX B-1 Salaries and Vacations for Unit B-1 Bl-l      Included in Unit B-1 are the following positions: Secondary Assistant Principals. B1-2    The salary for each position will be calculated as follows:

 

a. Multiply base times ratio and add:

 

b. 2011-2014

 

$4,666

 

c. Administrators shall be granted a permanent longevity increment of $1,000 if they have completed twelve (12) years of professional service in Bedford, and a permanent longevity increment of $1,500 (inclusive of all other longevity increments) if they have completed fifteen (15) years of professional service in Bedford. Administrators shall be granted a permanent longevity increment of $2,000 (inclusive of all other longevity increments) if they have completed twenty (20) years of professional service in Bedford, and a permanent longevity increment of $2,800 (inclusive of all other longevity increments) if they have completed twenty-five (25) years of professional service in Bedford. Note: teachers hired prior to July 1, 2002 are eligible for a longevity increment of $760 once they have completed twelve (12) years of professional service in education.

 

B1-3   Base:

 

2011-2012 2012-2013 2013-2014

 

.5% $80,151 $80,552 $81,358

 

1.00%/1.00% $82,171

 

Annualized $81,765

 

B-4    Ratios:

 

Position Minimum Ratio Maximum Ratio

 

Secondary Asst. Principals 1.20 1.35

 

B1-5 The starting ratio will be negotiated at the time of appointment and will be based upon appropriate administrative experience.

 

B1-6    For each year of service .015 shall be added to the starting ratio until the maximum ratio is reached.

 

B1-7 Each member of Unit B-1 will be on a 12-month basis with 23 days of vacation provided that each such member shall be entitled to one (1) additional day of vacation upon completion of ten (10) years of service in Bedford in a position now or ever defined as a B-1 position, and one (1) further additional day of vacation upon completion of each additional five (5) years of service in Bedford in such a position. Unused vacation days shall be accumulated to a maximum of fifty (50) days effective August 31, 1987 and thereafter.

 

B1-8 The Committee will make every effort to have B-1 personnel paid weekly according to the same schedule as other town employees.

 

B1-9 If attendance at a conference was approved as part of the budget process, then attendees will be reimbursed upon submission of expenses. All other conferences will be reimbursed in accordance with Article 34.

 

B2-3    Stipends:

 

1st Year

2nd Year

3rd Year

4th Year

5th Year

Thereafter

2011-2014

 

 

 

 

 

 

Program Director/Admin

$7,119

$7,506

$8,040

$8,502

$8,961

$9,423

Assist Director Sped

$7,119

$7,506

$8,040

$8,502

$8,961

$9,423

Prog Admin Sped Gr 9-12

$7,119

$7,506

$8,040

$8,502

$8,961

$9,423

Prog Coord MCAS

$7,119

$7,506

$8,040

$8,502

$8,961

$9,423

Prog Dir For Lang Gr 3-12

$7,119

$7,506

$8,040

$8,502

$8,961

$9,423

Elementary. Asst. Prin.

$7,164

$7,551

$8,091

$8,576

$9,019

$9,480

MS Asst. Prin.

$8,023

$8,557

$9,168

$9,693

$10,220

$10,744

HS Asst. Prin.

$8,679

$9,153

$9,802

$10,363

$10,926

$11,491

B2-4 The work year for members of Unit B-2 shall be the same as for teachers. The work year for the Middle School Teaching Assistant Principal and the High School Assistant Principal shall, in addition, include the following: (a) the five (5) non-holiday weekdays immediately prior to the teachers' work year; (b) the five (5) non-holiday weekdays immediately following the teachers' work year; and (c) other days by mutual agreement between the above mentioned Assistant Principals and their respective Principals. The Assistant Principals shall be paid per diem for each day worked in excess of the teachers' work year.

 

B2-5    The Program Administrators/Directors teaching assignments will be as 60% administrative and 40% teaching in the following disciplines:

 

• English

 

• Mathematics

 

• Science

 

• Reading

 

• Foreign Language

 

• Social Studies

 

The Program Administrators/Directors teaching assignments will be as 40% administrative and 60% teaching in the following disciplines:

 

• Occupational Education

 

• Art

 

Salary and Work Year for Unit B-2

 

B2-1 Included in Unit B-2 are Program Directors, Program Administrators, Middle School Assistant Principal, High School Assistant Principal, Elementary Assistant Principals, Assistant Director Special Education, and MCAS Program Coordinator.

 

B2-2     The salary for each member of Unit B-2 will be calculated as follows:

 

Determine applicable salary in accordance with teacher's salary schedule. b. Add stipend indicated below. c. Add $1000 (inclusive of all other longevity increments) if member has completed twelve (12) years of professional service in Bedford; $1500 (inclusive of all other longevity increments) if member has completed fifteen (15) years of professional service in Bedford. Add $2000 (inclusive of all other longevity increments) if member has completed twenty (20) years of professional service in Bedford and $2,800 (inclusive of all other longevity increments) if a member has completed twenty-five (25) years of professional service in Bedford. Note: teachers/administrators hired prior to July 1, 2002 are eligible for a longevity increment of $760 once they have completed twelve (12) years of professional service in education.

 

• Special Education

 

• Music

 

• Guidance

 

• Physical Education/Health

 

SALARY FOR UNIT B-3

 

B3-1     Included in Unit B-3 is the Athletic Director. B3-2    The salary will be calculated as follows: a.   Multiply base times ratio and add:

 

$1000 if Director has completed twelve (12) years of professional service in Bedford; $1500 if director has completed fifteen (15) years of professional service in Bedford; or $2000 if director has completed twenty (20) years of professional service in Bedford, and $2,800 if the director has completed twenty-five (25) years of service in Bedford. Note: teachers/administrators hired prior to July 1, 2000 are eligible for a longevity increment of $750 once they have completed twelve (12) years of professional service in education.

 

b.

 

B3-3   Base:

 

.5%

 

1.00%/1.00%

 

Annualized

 

2011-2012

 

$76,768

 

2012-2013

 

$77,152

 

2013-2014

 

$77,924 $78,703 $78,314

 

B3-4   Ratio:

 

Minimum Ratio

 

1.22

 

Maximum Ratio

 

1.37

 

B3-5    The starting ratio will be negotiated at the time of appointment and will be based upon appropriate administrative experience.

 

B3-6    For each year of service .015 shall be added to the starting ratio until the maximum is reached.

 

2011-2014

FALL

Points

Step 0

Step 1

Step 2

Step 3

CHEERLEADING

15

$3,211

$3,569

$3,941

$4,280

CROSSCOUNTRY

15

$3,211

$3,569

$3,941

$4,280

FIELD HOCKEY

 

 

 

 

 

Varsity

20

$4,285

$4,754

$5,233

$5,708

Assistant

15

$3,211

$3,569

$3,941

$4,280

Freshman

14

$2,997

$3,328

$3,666

$3,995

FOOTBALL

 

 

 

 

 

Varsity

34

$7,276

$8,084

$8,907

$9,704

Assistant

22

$4,709

$5,231

$5,754

$6,279

JV

18

$3,853

$4,269

$4,709

$5,264

Freshman

16

$3,423

$3,804

$4,187

$4,568

Asst. Freshman

15

$3,211

$3,569

$3,941

$4,280

GOLF (Coed)

15

$3,211

$3,569

$3,941

$4,280

SOCCER-BOYS/GIRLS

 

 

 

 

 

Varsity

20

$4,285

$4,754

$5,233

$5,708

JV

15

$3,211

$3,569

$3,941

$4,280

Freshman

14

$2,997

$3,328

$3,666

$3,995

VOLLEYBALL/GIRLS

 

 

 

 

 

Varsity

18

$3,853

$4,269

$4,709

$5,138

JV

14

$2,997

$3,328

$3,666

$3,995

ATHLETIC TRAINER

25

$5,404

$5,945

$6,537

$7,135

WINTER

 

 

 

 

 

BASKETBALL

 

 

 

 

 

Varsity-Boys/Girls

25

$5,404

$5,945

$6,537

$7,135

JV-Boys/Girls

18

$3,853

$4,269

$4,709

$5,138

Freshman-Boys/Girls

15

$3,211

$3,569

$3,941

$4,280

CHEERLEADING

15

$3,211

$3,569

$3,941

$4,280

ICE HOCKEY

 

 

 

 

 

Varsity

25

$5,381

$5,945

$6,537

$7,135

Assistant

18

$3,853

$4,269

$4,709

$5,138

RIFLE TEAM (Coed)

15

$3,211

$3,569

$3,941

$4,280

SKI TEAM (Coed)

18

$3,853

$4,269

$4,709

$5,138

Assistant

12

$2,564

$2,856

$3,141

$3,423

SWIM (Coed)

 

 

 

 

 

Head

18

$3,853

$4,269

$4,709

$5,138

Assistant

15

$3,211

$3,569

$3,941

$4,280

Track

 

 

 

 

 

Varsity

20

$4,285

$4,754

$5,233

$5,708

Assistant

15

$3,211

$3,569

$3,941

$4,280

ATHLETIC TRAINER

25

$5,404

$5,945

$6,537

$7,135

SPRING

 

 

 

 

 

BASEBALL

 

 

 

 

 

Varsity

20

$4,285

$4,754

$5,233

$5,708

Assistant Varsity

14

$2,997

$3,328

$3,666

$3,995

JV

15

$3,211

$3,569

$3,941

$4,280

Freshman

14

$2,997

$3,328

$3,666

$3,995

LACROSSE

 

 

 

 

 

Varsity/Boys-Girls

20

$4,285

$4,754

$5,233

$5,708

JV-Boys/Girls

15

$3,211

$3,569

$3,941

$4,280

Freshman-Boys-Girls

14

$2,997

$3,328

$3,666

$3,995

 

Points

Step 0

Step 1

Step 2

Step 3

 

SOFTBALL

 

 

 

 

 

 

Varsity

20

$4,285

$4,754

$5,233

$5,708

 

Assistant Varsity

14

$2,997

$3,328

$3,666

$3,995

 

JV

15

$3,211

$3,569

$3,941

$4,280

 

Freshman

14

$2,997

$3,328

$3,666

$3,995

 

TENNIS-BOYS/GIRLS

18

$3,853

$4,269

$4,709

$5,138

 

Assistant

14

$2,997

$3,328

$3,666

$3,995

 

TRACK-BOYS/GIRLS

 

 

 

 

 

 

Varsity

20

$4,285

$4,754

$5,233

$5,708

 

Assistant Varsity

15

$3,211

$3,569

$3,941

$3,995

 

ATHLETIC TRAINER

25

$5,381

$5,945

$6,537

$7,135

 

APPENDIX C - Middle School Athletics

2011-2014

Points

Step 0

Step 1

Step 2

Step 3

Baseball

11

$2,356

$2,618

$2,792

$3,139

Basketball

13

$2,781

$3,092

$3,403

$3,711

Cheerleading

11

$2,356

$2,618

$2,792

$3,139

Crosscountry

11

$2,356

$2,618

$2,792

$3,139

Field Hockey

11

$2,356

$2,618

$2,792

$3,139

Football - Head

13

$2,781

$3,092

$3,403

$3,711

Football-Assistant

11

$2,356

$2,618

$2,792

$3,139

Soccer

11

$2,356

$2,618

$2,792

$3,139

Softball

11

$2,356

$2,618

$2,792

$3,139

Spring Track

11

$2,356

$2,618

$2,792

$3,139

Intramural Stipend 2011-14

 

$2,001

 

After School Sports Supervisors

 

$29.70

 

Athletic Coordinator

 

$4,182

 

Point Value for Appendices C&D

 

Minimum-Point $214.14

 

Maximum Point $285.38

 

These stipends shall be calculated as follows

 

1st year in position -      Minimum

 

2nd year in position -      Minimum + (max-min x 1/3)

 

3rd year in position -      Minimum + (max-min x 2/3)

 

4th year in position -      (and thereafter) Maximum

 

APPENDIX D Intra/Inter School Compensatory Activities

 

2011-2014

Activity

Points

Step 0

Step 1

Step 2

Step 3

HIGH SCHOOL

 

 

 

 

 

AFS ADVISOR

5

$1,072

$1,193

$1,308

$1,427

ATMOSPHERE COMMITTEE

5

$1,072

$1,193

$1,308

$1,427

CHESS CLUB

9

$1,929

$2,137

$2,357

$2,566

DRAMA

14

$2,996

$3,329

$3,663

$3,996

DRAMA ASSISTANT

9

$1,929

$2,137

$2,357

$2,566

DRAMA SCENERY ASSISTANT

5

$1,072

$1,193

$1,308

$1,427

DRILL TEAM (AFJROTC)

18

$3,855

$4,282

$4,712

$5,138

ENVIRONMENTAL CLUB

14

$2,996

$3,329

$3,663

$3,996

GAY-STRAIGHT ALLIANCE ADVISOR

5

$1,072

$1,193

$1,308

$1,427

GRADE 9 CLASS ADVISOR

 

$2,854

 

 

 

GRADE 10 CLASS ADVISOR

 

 

$3,140

 

 

GRADE 11 CLASS ADVISOR

 

 

 

$3,423

 

GRADE 12 CLASS ADVISOR

 

 

 

 

$3,711

HISTORY DAY ADVISOR

9

$1,929

$2,137

$2,357

$2,566

INQUIRY ADVISOR

14

$2,996

$3,329

$3,663

$3,996

INTERACT CLUB

9

$1,929

$2,137

$2,357

$2,566

LANGUAGE CLUB - FRENCH

5

$1,072

$1,193

$1,308

$1,427

LANGUAGE CLUB - LATIN

5

$1,072

$1,193

$1,308

$1,427

LANGUAGE CLUB - SPANISH

5

$1,072

$1,193

$1,308

$1,427

LITERARY MAGAZINE

9

$1,929

$2,137

$2,357

$2,566

MARCHING BAND ASSISTANT

14

$2,996

$3,329

$3,663

$3,996

MARCHING BAND DIRECTOR

18

$3,855

$4,282

$4,712

$5,138

MARCHING BAND DRILL INSTRUCTOR

9

$1,929

$2,137

$2,357

$2,566

MARCHING BAND FLAG SQUAD DIR.

14

$2,996

$3,329

$3,663

$3,996

MARCHING BAND PERC. DIR.

9

$1,929

$2,137

$2,357

$2,566

MATH LEAGUE

9

$1,929

$2,137

$2,357

$2,566

MUSIC - JAZZ BAND

9

$1,929

$2,137

$2,357

$2,566

MUSIC - STRINGS

9

$1,929

$2,137

$2,357

$2,566

MUSIC - VOCAL ENSEMBLE

9

$1,929

$2,137

$2,357

$2,566

MUSIC - WIND/PERCUSSION

9

$1,929

$2,137

$2,357

$2,566

MUSICAL THEATRE ASSISTANT

14

$2,996

$3,329

$3,663

$3,996

MUSICAL THEATRE CONDUCTOR

14

$2,996

$3,329

$3,663

$3,996

MUSICAL THEATRE DIRECTOR

18

$3,855

$4,282

$4,712

$5,138

NATIONAL HONOR SOCIETY

9

$1,929

$2,137

$2,357

$2,566

ROBOTICS TEAM

9

$1,929

$2,137

$2,357

$2,566

SADD

5

$1,072

$1,193

$1,308

$1,427

SCHOOL MEDIATION

9

$1,929

$2,137

$2,357

$2,566

SCHOOL PAPER

14

$2,996

$3,329

$3,663

$3,996

SCIENCE BOWL/OCEAN BOWL

5

$1,072

$1,193

$1,308

$1,427

SCIENCE LEAGUE

9

$1,929

$2,137

$2,357

$2,566

STEP TEAM ADVISOR

9

$1,901

$2,106

$2,323

$2,529

STUDENT GOV. ADVISOR

5

$1,072

$1,193

$1,308

$1,427

TOURNAMENT OF PLAYS (4) Positions WEB PAGE DIRECTOR WEST SUBURBAN SCIENCE LEAGUE WEST SUBURBAN SCIENCE OLYMPIAD

 

YEARBOOK YEARBOOK - ART

 

MIDDLE SCHOOL

 

MATHLEAGUE

 

MODEL UN

 

MUSIC - INSTRUMENTAL

 

MUSIC - JAZZ BAND MUSIC - VOCAL

 

MUSICAL THEATRE ASSISTANT MUSICAL THEATRE CHOREOGRAPHER MUSICAL THEATRE COACH GRADE 6 MUSICAL THEATRE COND. MUSICAL THEATRE DIR. NATIONAL HONOR SOCIETY NEWSPAPER CLUB SCHOOL COUNCIL SCHOOL MEDIATION SCIENCE LEAGUE

 

WASHINGTON D.C. TRIP COORD.

 

WEB PAGE DIRECTOR YEARBOOK

 

ELEMENTARY

 

WEB PAGE DIRECTOR

 

STUDENT GOVERNMENT ADVISOR

 

TALENT SHOW DIRECTOR

5

$1,072

$1,193

$1,308

$1,427

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

22

$4,709

$5,234

$5,868

$6,279

14

$2,996

$3,329

$3,663

$3,996

5

$1,072

$1,193

$1,308

$1,427

4

$856

$960

$1,095

$1,152

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

9

$1,929

$2,137

$2,357

$2,566

14

$2,996

$3,329

$3,663

$3,996

5

$1,072

$1,193

$1,308

$1,427

5

$1,072

$1,192

$1,307

$1,427

5

$1,072

$1,192

$1,307

$1,427

9

$1,929

$2,137

$2,357

$2,566

5

$1,072

$1,192

$1,307

$1,427

5

$1,072

$1,192

$1,307

$1,427

9

$1,929

$2,137

$2,357

$2,566

5

$1,072

$1,193

$1,308

$1,427

9

$1,929

$2,137

$2,357

$2,566

5

$1,072

$1,192

$1,307

$1,427

5

$1,072

$1,192

$1,307

$1,427

Sick Leave Bank

 

E-0l It shall be the policy of the Bedford School Department to establish a Sick Leave Bank, the purpose of which shall be to enable all full-time professional employees working a half-time (.5) schedule or more including current principals who were members of the B.E.A. prior to their exclusion by Ed Reform Act of 1993, with the exception of the Executive Officers and the Director of Finance of the Bedford Public Schools, to contribute a portion of their sick leave accumulation for use by a participating member whose sick leave accumulation is exhausted through prolonged illness (disability). The Bank shall be limited to a maximum of 700 days of sick leave per school year except when regular contributions to the Bank exceed the cap.

 

E-02     Membership in Sick Leave Bank

 

a. Application shall be made at the initial implementation of employment. New employees are eligible for benefits at the completion of forty-five (45) days employment.

 

b. Payments are made on a workday basis.

 

c. All professional employees will initially be assessed two (2) days for the Bank. The Sick Leave Bank Committee may assess for no more than two (2) days a year if needed to keep the bank solvent. However, no professional employee working less than half-time (.5) will be assessed any days for the sick bank, as they are not eligible to utilize it. The Bank will be restocked when legitimate requests are greater than the balance in the bank.

 

E-03     Sick Leave Bank Committee

 

a. The Sick Leave Bank Committee shall consist of the following:

 

Unit A - One member Unit B - One member Director of Finance

 

School Committee - One member (non-voting)

 

b. Each member, with the exception of the Director of Finance, shall be appointed by the group he/she represents.

 

c. The Sick Leave Bank shall be administered by the Sick Leave Bank Committee through the office of the Director of Finance.

 

E-04     Duties of Sick Leave Bank Committee

 

a. To govern all phases of the Bank.

 

b. To hear and review one (1) appeal on all decisions.

 

c. To render a final decision after an appeal.

 

d. To review long-term cases over sixty (60) days.

 

e. To receive and file medical statement from said borrower at the end of each sixty (60) day period.

 

f. To enforce all policies of the Bank. The decisions of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and shall not be subject to the grievance and arbitration provisions of this Agreement.

 

g. To re-examine at least once a year the by-laws of this Sick Leave Bank.

 

E-05     Administration of Sick Bank Benefits

 

a.   All personally accrued sick leave must be exhausted.

 

b. Application to Bank may be made prior to expiration of sick leave, including certification by a physician, to expedite benefits.

 

c. A complete year of fully paid sick leave may be granted.

 

Sick Leave Bank By-laws and Definitions

 

E-06 Bank Member or Participating Member means one who has contributed two (2) earned sick days and remains in said category until such time as the Bank is depleted and additional assessment is requested.

 

E-07     Sickness means sickness or disease commencing while the Agreement is in force as to the bank member.

 

E-08 Disability means the complete inability of the bank member to perform any and every duty of his regular occupation.

 

E-09 Legally Qualified Physician means a physician who has been licensed by the State of Massachusetts to practice medicine within the state.

 

E-10 Basic Weekly Earnings means the bank member's weekly rate of earnings not including any remuneration for special activities and other extra compensation.

 

E-11 Medical Statement means a statement from a legally qualified physician indicating that the bank member has a disability as defined.

 

E-12 Upon receipt of proof that the member while a member in good standing has become disabled by injury or sickness, and requires the regular attendance of a legally qualified physician the member will receive a weekly remuneration equal to his/her basic weekly earnings during the continuance of such disability for a period not exceeding the Maximum Benefit Period stated in the Agreement except that:

 

a. No benefits will be paid until all individual sick leave accumulations are exhausted.

 

b. Benefits will be reduced or eliminated as defined under "Benefit Reduction".

 

Termination of Agreement

 

E-13     The Agreement will terminate automatically upon the occurrence of any of the following events:

 

a. All accrued sick days in bank have been depleted and the request for additional assessment is not authorized by the membership within five (5) days of the request.

 

b. On the date that a bank member ceases active work in the group of personnel eligible for benefits under this Agreement.

 

Changes in By-Laws Governing the Sick Leave Bank

 

E-14 Changes must be approved by a majority of the members present at an announced meeting. All changes are subject to approval of the Bedford School Committee.

 

Benefit Reduction

 

E-15 If the bank member is entitled to other income benefits, as defined below, or if such income benefits become payable to the bank member, his or her spouse, child, parent or other auxiliary for the same period of disability for which a weekly benefit is payable in accordance with the terms of this Agreement, then the amount of such weekly payments which is payable there under shall be reduced by the amounts of these other incomes.

 

Other income benefits, referred to above, include:

 

Any amount payable under any Worker's Compensation Law, Occupational Disease Law, or any other legislation of similar purpose.

 

The amount of any disability income benefits provided under any compulsory benefit act or law.

 

Any periodic cash payable by virtue of the entitlement of the bank member, or which would have been payable if any application for the same were approved, under the Federal Social Security Act (primary and family benefits) provided that this Section 3 shall be inapplicable in any case in which due proof is submitted to the Town of Bedford that, after determination, the Bank member's application for such Social Security cash payments has been disallowed.

 

NOTE: If any Bank member becomes entitled to receive benefits under this Agreement the amount of his/her benefit will be reduced due to a change in the Federal Social Security Act so long as the Agreement is continued and remains in force.

 

Bank Committee Request for Examination by Bank Committee Selected Physician

 

E-16 The Bank committee may at its discretion request that a participating member receiving benefits be examined by a legally qualified physician of its choosing. Should this physician be in disagreement as to total disability, a third, legally qualified physician, acceptable to both the participating member's own physician and the bank committee's selected physician, will be chosen to examine the Bank member. His decision would be binding. The latter two examinations will be performed without cost to the participating member.

 

Recurrent Disability

 

E-17 If, following a period of disability due to sickness or injury, the Bank member shall resume his/her regular occupation and perform all the important duties thereof for a continuous period of three (3) months or more, any subsequent disability resulting from or contributed to by the same cause or causes shall be considered as a new period of disability and treated in accordance with the applicable provisions of the Agreement, but if said period during which the Bank member resumes his/her regular occupation shall be less than three months, such subsequent disability, provided the Agreement is in force, shall be deemed a continuation of the same disability and the liability for the entire period shall be subject to the limitations applicable in the part or parts of the Agreement under which the original period of disability was covered.

 

Exclusions

 

E-18    This Agreement does not cover:

 

a. Any disability commencing during the first twelve (12) months that the insurance is in force with respect to the Bank member if the disability is caused or contributed to by, or is a consequence of, a disease or injury for which the Bank member received medical treatment, or services, or took prescribed drugs or medicines during the three (3) months' period immediately prior to the effective date of such insurance.

 

b. Any disability resulting from:

 

1. War, insurrection, rebellion or participation in a riot.

 

2. Intentionally self-inflicted injuries.

 

APPENDIX F-1 The Family and Medical Leave Act of 1993

 

To be eligible for FMLA benefits, an employee must:

 

1. work for a covered employer;

 

2. have worked for the employer for a total of at least 12 months;

 

3. have worked at least 1,250 hours over the previous 12 months; and

 

4. work at a location where at least 50 employees are employed by the employer within 75 miles.

 

Most federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of the U.S. Office of Personnel Management and the Congress.

 

Leave Entitlement

 

A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

 

• for the birth or placement of a child for adoption or foster care;

 

• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or

 

• to take medical leave when the employee is unable to work because of a serious health condition.

 

Spouses employed by the same employer are jointly entitled to a combined total of 12 workweeks of family leave for the birth or placement of a child for adoption or foster care, and to care for a parent (but not a parent-in-law) who has a serious health condition.

 

Leave for birth or placement for adoption or foster care must conclude within 12 months of the birth or placement.

 

Under some circumstances, employees may take FMLA leave intermittently -- which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule.

 

• If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the employer's approval.

 

• FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.

 

Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation leave) to cover some or all of the FMLA leave. The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information from the employee. In no case can use of paid leave be credited as FMLA leave after the leave has ended.

 

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

 

• any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility;

 

• any period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or

 

• continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated would likely result in a period of incapacity of more than three calendar days, and for prenatal care.

 

"Health care provider" means:

 

• doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctor practices; or

 

• podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of their practice, under state law; or,

 

• nurse practitioners and nurse-mid-wives authorized to practice, and performing within the scope of their practice, as defined under state law; or

 

• Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Maintenance of Health Benefits

 

A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.

 

Chapter 149, Section 105D

 

Maternity Leave Rights and Benefits

 

A female employee who has completed the initial probationary period set by the terms of her employment, or, if there is no such probationary period, has been employed by the same employer for at least three consecutive months as a full-time employee, who is absent from such employment for a period not exceeding eight weeks for the purpose of giving birth, or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two weeks' notice to her employer of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. Said maternity leave may be with or without pay at the discretion of the employer.

 

Such employer shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.

 

Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights, and advantages; and provided, further that the employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such employee so provides for all employees on leave of absence. Nothing in this section shall be construed to affect any bargaining agreement or company policy which provides for greater or additional benefits than those required under this section.

 

A notice of this provision shall be posted in every establishment in which females are employed.

 

For the purposes of this section, an employer shall be defined as in subsection 5 of section one of chapter one hundred and fifty-one B. Added by St. 1972, c. 790, s. l; St. 1984, c. 423; st. 1989,. c. 318.