Natick

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DistrictNatick
Shared Contract District
Org Code1980000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSouth Middlesex RVTSD
CountyMiddlesex
ESE RegionGreater Boston
Urban
Kind of Communityeconomically developed suburbs
Number of Schools8
Enrollment4734
Percent Low Income Students8
Grade StartPK or K
Grade End12
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                                                      AGREEMENT BETWEEN

 

 

      THE SCHOOL COMMITTEE OF THE TOWN OF NATICK, MASSACHUSETTS

 

 

                                       EDUCATION ASSOCIATION OF NATICK

 

 

                                                                  UNITS A & B

 

 

                                                       FOR THE TIME PERIOD

 

  AUGUST 27, 2012 THROUGH MIDNIGHT OF THE DAY PRECEEDING THE FIRST

 DAY OF THE 2013-14 SCHOOL YEAR


                                                                       UNIT A

                                                        TABLE OF CONTENTS

 

PREAMBLE................................................................................................................................   4

 

ARTICLE I ‑ Exclusive Recognition.........................................................................................   4

 

ARTICLE II ‑ Nondiscrimination................................................................................................ 4

 

ARTICLE III ‑ Employee Rights and Obligations...................................................................   5

            Section 1: Academic Freedom.........................................................................................   5

 

ARTICLE IV ‑ No Strike ‑ Lockout..........................................................................................   6

 

ARTICLE V ‑ Association Officials...........................................................................................   6

 

ARTICLE VI ‑ Rights and Obligations of the School Committee..........................................   7

 

ARTICLE VII ‑ Effect of Agreement.......................................................................................   7

 

ARTICLE VIII ‑ Grievance and Arbitration Procedure.......................................................... 7

            Section 5: Sexual Harassment Grievance Procedure.....................................................   9

 

ARTICLE IX - Compensation................................................................................................... 11

........... Section  1: Degree Change............................................................................................... 12

            Section 4: Tuition Reimbursement................................................................................. 14

            Section 7: Coaching Salaries........................................................................................... 16

            Section 8: Intramural Program...................................................................................... 20

            Section 9(a): Specialty Advisors...................................................................................... 21

 

ARTICLE X - Class Size........................................................................................................... 25

 

ARTICLE XI ‑ Educator Assignment...................................................................................... 25

            Section 6: Voluntary Transfers and Vacancies............................................................ 26

 

ARTICLE XII ‑ Working Conditions...................................................................................... 27

........... Work Year/Work Hours..................................................................................................... 27

........... Extra help........................................................................................................................... 28

........... Staff Meetings................................................................................................................... 29

........... Mentoring.......................................................................................................................... 31

........... Technology........................................................................................................................ 31

........... Professional Learning Communities.................................................................................. 33

 

Article XIII - Health and Safety................................................................................................ 34

 

ARTICLE XIV ‑ Educator Records and Evaluation.............................................................. 36

 

ARTICLE XV ‑ Promotions and Vacancies............................................................................ 37

 

ARTICLE XVI ‑ Reduction in Staff........................................................................................ 38

 

ARTICLE XVII ‑ Course Vouchers......................................................................................... 42

ARTICLE XVIII ‑ Sick Leave.................................................................................................. 43

            Section 5:  Sick Leave Bank........................................................................................... 44

 

ARTICLE XIX ‑ Sick Leave Buyback..................................................................................... 45

 

ARTICLE XX ‑ Reimbursement for Injuries.......................................................................... 46

 

ARTICLE XXI ‑ Extended Leave of Absence........................................................................ 46

 

ARTICLE XXII ‑ Administrative Leave.................................................................................. 47

 

ARTICLE XXIII - Leave for Professional Activity................................................................ 49

 

ARTICLE XXIV - Sabbatical Leave........................................................................................ 49

 

ARTICLE XXV - Military Leave............................................................................................. 51

 

ARTICLE XXVI - Maternity/Adoption Leave....................................................................... 52

 

ARTICLE XXVII - Group Life Insurance.............................................................................. 53

 

ARTICLE XXVIII - Group Health Insurance........................................................................ 54

 

ARTICLE XXIX - Political Contributions.............................................................................. 54

 

ARTICLE XXX - Educational Development.......................................................................... 55

 

ARTICLE XXXI - Communications........................................................................................ 55

 

ARTICLE XXXII - Job Sharing.............................................................................................. 55

 

ARTICLE XXXIII - Amendment............................................................................................. 55

 

ARTICLE XXXIV - Severability.............................................................................................. 56

 

ARTICLE XXXV - Copies of Agreement............................................................................... 56

 

ARTICLE XXXVI - Duration.................................................................................................. 56

 

APPENDIX A - Teacher and Caseload Educator Evaluation System................................... 58

 

APPENDIX B - Health Insurance.............................................................................................. 81

 

Health and Safety Concern Form.............................................................................................. 83

 

SIDE LETTER:  School Councils............................................................................................. 85

SIDE LETTER:  Elementary Parent-Teacher Conferences.................................................. 87

 

SIDE LETTER:  Individual Professional Development Plans............................................... 88

 

SUPPLEMENTAL AGREEMENT: Enrollment of Non-Resident children....................... 90

 

SIDE LETTER:  Time Beyond Contractual Day………………………………………………92

 

SIDE LETTER:  Crisis Response……………………………………………………………… 93

 

SIDE LETTER:  Leadership Summit ………………………………………………………… 94

 

Tuition Reimbursement Form…………………………………………………………………95

 

 


 

PREAMBLE

 

This contract is made as of midnight of the day preceding the first teacher day of the 2012-13 school year, by the School Committee of the Town of Natick (hereinafter referred to as the Committee) and The Education Association of Natick (hereinafter referred to as the Association), pursuant to the provisions of Massachusetts General Laws, Chapter 150E.  Recognizing that our prime purpose is to provide education of the highest quality for the children of Natick, and that good morale within the professional staff of Natick is essential to achievement of that purpose, we, the undersigned parties to this contract, declare that:

 

                        (a)        Under the law of Massachusetts, the Committee, elected by the citizens of Natick, has final responsibility for the establishing of educational policies of the public schools of Natick;

 

(b)        The Superintendent of Schools of Natick (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established;

 

                        (c)        The professional staff of the public schools of Natick has the responsibility for providing education of the highest possible quality;

 

(d)       Fulfillment of these respective responsibilities can be facilitated and supported by consultations and the free exchange of views and information among the Committee, the Superintendent, and the Association in matters relating to wages, hours, and all other conditions of employment for the professional staff.

 

ARTICLE I ‑ Exclusive Recognition

 

The Committee hereby recognizes the Association as the exclusive collective bargaining representative covering wages, hours and other terms and conditions of employment for the following bargaining unit of employees:

 

All classroom educators, including teacher‑coaches (except for the athletic director), guidance counselors, school adjustment counselors and curriculum specialists, professional librarians in the elementary, middle and senior high schools and school nurses,  excluding the Superintendent of Schools, the Assistant Superintendent, Director of Student Services, Director of Fiscal and Management Services, Director of Human Resources, Vice‑Principals, Directors and Department Heads, and substitute educators and further excluding all other employees of the School Committee.  This agreement applies only to the bargaining unit described above.

 

Definition:  The terms "School Committee" or "Committee" as used in any provision of this Agreement shall mean the Natick School Committee in its corporate capacity and /or any school administrator responsible under the Education Reform Act of 1993 or other applicable law for making the decision(s) covered by that particular provision.

 

ARTICLE II ‑ Nondiscrimination

 

Section 1: Neither the Committee nor the Association will discriminate in violation of federal or state law against any employee covered by this Agreement or applicant for employment because of race, age, color, creed, gender, marital status, national origin, physical or mental disability, or sexual orientation.  Sexual Harassment is a form of sex discrimination.

Section 2:  The Association agrees to represent equally all members of the bargaining unit covered by this Agreement. 

 

ARTICLE III ‑ Employee Rights and Obligations

 

Section 1: Academic Freedom

The Association and Committee join in respecting the private life, political freedom, and religious freedom of educators as long as activities in these areas do not interfere with teaching responsibilities or relationships with students.  The Committee and Association agree that school time should be used to pursue defined curriculum goals with primary focus given to clearly identified subject matter objectives and to questions from students; however, both parties recognize the fact that occasional, educationally sound digression from formal course outlines can be both an important teaching method to the instructor and a learning experience for the student.  Finally, the Association and Committee agree that any controversial topics should be addressed in a balanced and dignified manner with serious curriculum disagreements to be referred through the Superintendent to the Committee for its judgment thereon.

 

Section 2:  Employees covered by this Agreement shall have, and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to form, join and assist employee organizations, or to refrain from such activity, to hold office in and participate in the management of the Association to act in the capacity of Association representative and to engage in other lawful association and concerted activities for the purpose of collective bargaining or other mutual aid or protection except that no official of the Town of Natick shall participate in the management of the Association or act as its representative if such activity would be incompatible with his/her official duties.

 

Section 3:  In the exercise of these rights all employees covered by this Agreement shall be free from any and all interference, restraint and coercion, and such employees shall be protected against any discrimination in regard to tenure, promotion or other conditions of employment.

 

Section 4:  Any of the benefits or privileges presently enjoyed by employees in the unit will not be unilaterally impaired.

 

Section 5:

(a) The President of the E.A.N. will have two days of release time per semester. The cost for providing substitute coverage will be paid by the E.A.N.

 

(b) The President of the E.A.N. shall be released from non-teaching duties including morning monitoring of early arrivals, morning bus duty, homeroom duty, afternoon bus duty, supervision of detention, study hall assignments and cafeteria related duties.  The cost of providing coverage will be paid by the E.A.N.  In the event of the election of co-presidents, only the equivalent of one individual’s duty periods may be taken. 

 

(c)  The Committee will provide office space for the president. Efforts will be made to find space in that individual’s building.

 

(d) The Committee agrees to establish a revolving account, funded by the EAN, to pay a stipend to the EAN president. Should the EAN cease funding this account, the stipend will cease.

 

(e)  Permission is granted by the Committee for the EAN to install a telephone in the school to which the president of the EAN is assigned.  It is understood that the EAN will assume all costs relative to installation, maintenance and removal.  This permission granted, subject to agreement with the EAN that Association business is not to be conducted during the president's working hours.

 

Section 6No educator will be disciplined, reprimanded, reduced in compensation, suspended, demoted, dismissed or non-renewed without just cause. 

 

Notwithstanding anything to the contrary in this Agreement, no grievance involving an alleged failure to appoint a person to a promotional or stipendiary position or to not renew the contract of a non-tenured educator or non-tenured administrator shall be arbitral.

 

The Arbitrator shall not have authority to reinstate any educator terminated because of unsatisfactory Article XIII performance evaluations so long as the Arbitrator concludes that the evaluator's conclusions that such performance was unsatisfactory were reached in a manner that was neither arbitrary nor capricious, and the School Committee's conclusion that such performance was unsatisfactory was neither arbitrary nor capricious.

 

ARTICLE IV ‑ No Strike ‑ Lockout

 

Section 1:  The Association recognizes that the membership is prohibited by law from engaging in strikes.  The Association agrees that it does not assert the right to strike against the Town of Natick or its School Committee and, that during the term of this Agreement; it will refrain from engaging, assisting or participating in any strike or professional day authorized by the Association.

 

Section 2:  The Committee agrees that during the term of this Agreement it will not lock out any employees covered by this Agreement.

 

Section 3:  The Association agrees to reimburse the Committee for any monies required to be expended by it as a result of a strike or professional day authorized by the Association.

 

Section 4:  The Committee agrees to reimburse all employees covered by this Agreement for lost school salaries caused by an unlawful lockout.

 

ARTICLE V ‑ Association Officials

 

The Association shall furnish the Superintendent of Schools with a written list of its officers and members of the Professional Rights and Responsibilities Committee and shall, as soon as possible, notify the Superintendent in writing of any changes therein.  Only those officers and committee members shall be recognized by the Committee for purposes of joint meetings, except that at the Association's discretion, the Association may be represented, in addition, by counsel or advisors.

 

 

 

 

 

ARTICLE VI ‑ Rights and Obligations of the School Committee

 

Section 1:

 

(a) Under the laws of Massachusetts, the Committee, elected by the citizens of Natick, has final responsibility for establishing the educational policies of the public schools of Natick, for management of said schools and for directing their operation – a responsibility which includes the duty to maintain public elementary and secondary schools and such other educational activities as it finds will best serve the interest of the Town of Natick; to decide the need for school facilities, to determine the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes; to employ, assign, transfer and promote educators; to suspend, demote or dismiss educators of the schools in the manner provided by statute or ordinance; to prescribe rules for the management, studies, classification and discipline for the public schools; to decide the textbooks to be used; to prepare and submit budgets to the Town Meeting and, in its sole discretion, expend monies appropriated by the Town for the maintenance of the schools, and to make such transfers of funds within the appropriated budget as it shall deem necessary; and to exercise such other authority, rights and powers conferred upon the Committee by the laws of Massachusetts and the Rules and Regulations of any pertinent agency of the Commonwealth.

 

            (b) As to every matter expressly not covered by this Agreement, and except as expressly or directly modified by clear language in a specific provision of the Agreement, the Committee retains exclusively to itself all rights and powers that it has or may hereafter be granted by law and shall exercise the same without such exercise being made the subject of the grievance and arbitration provisions of this Agreement.

 

Section 2:  The School Committee has the sole and exclusive right and responsibility to promulgate reasonable rules and regulations pertaining to the employees covered by this Agreement except that such rights will not be exercised so as to conflict with any provision of this Agreement.

 

ARTICLE VII – Effect of Agreement

 

It is mutually agreed that each party to this Agreement is bound by all Rules and Regulations of the Committee as they exist on the effective date of this Agreement and as may be hereafter amended unless in conflict with any provisions of this Agreement.

 

ARTICLE VIII – Grievance and Arbitration Procedure

 

Section 1:  In the interest of harmonious and efficacious performance of the duties and obligations of the Committee and its employees, the parties hereto recognize the importance of prompt and equitable disposition of any grievance at the lowest organizational level possible under procedure of maximum informality and flexibility. Sexual Harassment grievances must be initiated in accordance with procedures described under the most recent Sexual Harassment grievance procedure (Section 5 of ARTICLE VIII).

 

Any employee covered by this Agreement shall have the right to present a grievance and have it promptly considered on its merits.

 

Section 2(a):  A grievance is hereby defined to mean a complaint by an employee covered by this Agreement and based on an alleged violation of this Agreement or a dispute involving the meaning, interpretation or application thereof.

 

Section 2(b):  Grievances may be initiated by employees, either singly or jointly, or by the Association.  Only the Association may, upon the request of the employee or employees, represent them or be present at any stage of the procedure.  If an aggrieved employee so chooses, then the Association or its representative may act in all respects in behalf of the aggrieved employee.

 

Section 2(c):   If any employee covered by this Agreement shall present any grievance without representation by the P R & R Committee, the disposition, if any, of the grievance shall be consistent with the provisions of this Agreement.  No grievance will be processed beyond Step One unless a representative of the P R & R Committee is present.

 

The aggrieved employee shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

 

Section 2(d)Only grievances filed within twenty five (25) calendar days of their origin may be processed. 

 

An employee who believes that his/her contractual rights have been violated shall discuss the concern informally with his/her supervisor.  Every reasonable effort shall be made to address the issue at this level.

 

For purposes of this Article, an employee’s “supervisor” is defined as, the Director or Department Head (if any), the Principal of the school building to which an employee is regularly assigned, or if the employee has no such regular assignment, the Director of Human Resources. 

 

STEP ONE 

The written grievance will include the name(s) of the aggrieved, school(s) and grade level(s) to which he/she is assigned, the nature of the grievance, the Article and section of the Agreement allegedly violated, the remedy sought, and the signature(s) of the grievant(s). It will also note the date when the issue giving rise to the grievance was discussed informally with the employees’ immediate supervisor.  Within 10 school days after receipt of the written grievance, the supervisor will meet with the aggrieved employee, together with the Chair of the P R & R Committee or his/her designated representative.

 

The supervisor shall, on a prescribed form mutually agreed to by the Association and the Committee, make a record of the fact, time and place that this discussion has taken place.  A copy of this form will be attached to any submission made under STEP THREE (a).

                                             

STEP TWO

In the event that the grievance shall not have been disposed of to the satisfaction of the aggrieved employee at STEP ONE, or in the event that no decision has been reached within five (5) school days after discussion of the grievance with the supervisor under Step one, the grievance shall be referred to the Superintendent of Schools within five (5) school days thereafter.

 

The Superintendent shall represent the Committee at this level of the grievance procedure.  Within five (5) school days after receipt of the written grievance by the Superintendent, he/she shall meet with the aggrieved employee and (if the employee so elects) also with the said Chair of the P R & R Committee or his/her designated representative in an effort to settle the grievance.  The Superintendent will, within five (5) school days after such meeting, render a decision in writing to the grievant and to the Association.

 

STEP THREE 

In the event that the aggrieved employee is yet aggrieved by the decision rendered in Step Two, or in the event that no decision has been rendered within ten (10) school days after the Step Two meeting, the grievance shall be referred in writing to the School Committee within five (5) school days thereafter.  The Committee shall meet with the grievant and the P R & R Committee Chair or his/her designee not later than its next regular meeting in an effort to settle the grievance.  The Committee will render a written decision to the grievant and the Association not later than its next regular meeting after the end of discussion of the grievances.

 

Grievances relating to appointment, dismissal or suspension shall not be heard by the School Committee as prescribed in this step, but shall proceed directly to ARBITRATION if not resolved at STEP TWO.  If the court or the legislature determines that, under M.G.L. Ch. 71, S.42, employees covered by this Agreement may seek redress for grievances related to appointment, termination or suspension at the School Committee level, this step shall be reinstated.

 

Section 3:  If any grievance is not filed at any step within the time limit for such filing, the grievance shall be considered settled on the basis of the last disposition and shall not be eligible for further processing, and failure at any step of this procedure to communicate the decisions on a grievance within the specified time limits to the aggrieved employee and to the Chair of the P R & R Committee shall permit the aggrieved party or parties to proceed to the next step.

 

Section 4:  The Association may initiate a grievance in the first instance at Step Two of the grievance procedure in situations where the grievance alleges a violation of this Agreement or the grievance involves two or more schools covered by this Agreement.

 

Section 5: Sexual Harassment Grievance Procedure

 

PURPOSE:  As established by federal and state regulations, the purpose of this grievance procedure is to facilitate compliance with the law, provide prompt and equitable resolutions of complaints and promote a means for mutual problem solving and understanding.  Any member or members of Units “A” or“B” who feel that his/her/their rights, under Chapter 622/Title IX, or other pertinent laws or regulations concerning sex discrimination have been violated by any individual, group of individuals, practice or policy may grieve.

 

PROCEDURE:

A. At any time, a complainant or respondent may choose a person to advise, assist, mediate or represent him/her during the procedure from a list supplied by the Chapter 622/Title IX Committee.

 

B.  The complainant or his/her representative must address the respondent in the situation.  If no resolution is achieved within ten (10) student days of the time the respondent was addressed, the complainant may proceed to the principal within ten (10) additional student days.  If the principal is a respondent, the complainant may proceed to any administrator of choice.

 

C.  If no resolution is achieved within ten (10) student days of the meeting with the principal or administrator of choice, the complainant may proceed to the Superintendent *(Step III [b] of the existing grievance procedure) within ten (10) additional student days.

 

If the complaint is not resolved at this step, the complainant may proceed in accord with this grievance arbitration procedure.

 

                                                    ADDITIONAL PROVISIONS

1. If, at any time after an apparent resolution of a complaint, sexual harassment reoccurs, the complainant may reactivate the complaint at the level at which the complaint was apparently resolved.

 

2. Parties may mutually agree to extend or condense time limits; such agreement must be reduced to writing.

 

3. All proceedings relative to sexual harassment complaints will be held in closed session and all discussions held in strict confidence.

 

4. At any time, a complainant or respondent may choose a person to advise, assist, mediate or represent him/her during the procedure from a list supplied by the Chapter 622/Title IX Committee. Records will be kept from the moment any Sexual Harassment Grievance Procedure Representative is involved.

 

5. Anyone named in the file will have the right to inspect the file under conditions of controlled access.  A person authorized by the Superintendent or the President of the E.A.N. unit will have the right to inspect the file. There will be no other access, unless or until there is a subsequent complaint involving any of the named individuals.  Access at any such subsequent time shall be limited to persons involved in the investigation, or litigation of that subsequent complaint.

 

6. Nothing in this grievance procedure shall prevent an individual from taking action with the Massachusetts Commission Against Discrimination (MCAD), the Equal Employment Opportunity Council (EEOC), the Office of Civil Rights (OCR) or the courts. Any such action must meet the applicable time limits of those forums.

 

7. The School Committee shall provide appropriate training for employees designated by the Chapter 622/Title IX Committee to advise and assist complainants through the grievance procedure.

                                                                ARBITRATION

Section 1:  If the decision of the Superintendent or Committee at STEP THREE or STEP FOUR (as applicable under M.G.L Ch.71, S42) of the Grievance Procedure is unsatisfactory, only the Association through the P R & R Committee, may refer the grievance to arbitration, as specified herein.  In this event, the P R & R Committee Chairman shall notify the Chairman of the School Committee (when applicable) and/or the Superintendent, in writing, twenty (20) school days after receipt of the Superintendent's decision at Step Three or the Committee decision at Step Four, that arbitration of the grievance is desired.

 

Section 2:  Arbitrations will be chosen in accordance with the rules of the American Arbitration Association.

Section 3:  The Arbitrator shall hold a hearing on the grievance, giving all parties an opportunity to be heard as soon as possible after submission, and shall endeavor to render a decision, in writing, within thirty (30) days after the close of the hearing.

 

In the case of a grievance involving the meaning, application, or interpretation of this Agreement, the decision of the Arbitrator shall be final and binding upon all parties. The Arbitrator must stay within the confines of this Agreement and shall not alter or add to them.

 

Section 4:  Each party shall bear the expenses of preparation and presentation of its own case.  The cost of the Arbitrator and incidental expenses mutually agreed to in advance shall be shared equally between the parties.

 

Section 5:  If either party, within fifteen (15) calendar days after an Arbitrator's decision, states in writing to the other party its intention to seek clarification or interpretation of the decision submitted, then both parties shall agree to appear before the Arbitrator.

 

ARTICLE IX - Compensation

Section 1: Effective for the 2012-2013 school year, all steps in the salary schedule will increase by 1%.

 

NATICK PUBLIC SCHOOLS

EAN Teachers - Unit A

School Year 2013

(183 days)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

School Year 2012 - 2013

Step

Bachelors

Masters

Masters              + 30

Masters             + 60

Masters             + 75

Doctorate

1

43,003

47,302

52,032

54,634

56,000

57,366

2

44,723

49,194

54,114

56,819

58,239

59,660

3

46,511

51,162

56,279

59,092

60,569

62,046

4

48,371

53,208

58,530

61,455

62,992

64,528

5

50,307

55,337

60,872

63,914

65,512

67,109

6

52,319

57,551

63,305

66,470

68,132

69,794

7

54,412

59,853

65,837

69,129

70,858

72,586

8

56,588

62,246

68,471

71,894

73,691

75,488

9

58,852

64,737

71,210

74,771

76,641

78,510

10

61,037

67,140

73,854

77,547

79,485

81,424

11

62,257

68,485

75,331

79,099

81,077

83,054

12

63,503

69,854

76,839

80,680

82,697

84,714

13

64,771

71,251

78,376

82,296

84,353

86,411

14

66,068

72,678

79,943

83,941

86,040

88,139

15

67,059

73,766

81,141

85,200

87,330

89,460

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1. +1% increase

 

 

 

 

 


All salary schedules for Bachelors, Masters, Masters +30, Masters +60, Masters +75 and Doctorate, and all stipends, will be as set forth in this section.

 

Educators submitting evidence of successful completion of thirty (30) hours of graduate study beyond the date the masters degree was awarded will satisfy the requirements of the Plus 30 category.

 

The Masters +60 rates are calculated as one-half the percentage difference between the current Masters +30 and Doctorate columns.  Employees will be eligible for this column after completing a pre-approved (by Principal, Assistant Superintendent and Director of Human Resources), focused course of study.  Course approval will not be unreasonably denied.  Credit may be given for relevant courses taken over the last five years, if so approved.

 

Acceptable courses of study that would directly benefit the Natick Public Schools are as follows:

* A second Master’s Degree

* Certificate of Advanced Graduate Studies

* A self-developed program of graduate level rigor, in a focused course of study that will directly benefit the educator in the performance of her/his job

Note:  Each of these examples illustrates both focus and application in the educator’s discipline.

 

All credits must be at a level institutionally acceptable towards college or university graduate credit. A maximum of two (2) Bachelor's level courses may be accepted if equivalent courses are not available at the graduate level.  All coursework must be completed in a timely manner, consistent with graduate level restrictions.

 

Educators submitting satisfactory evidence that they have taught an undergraduate course, directly related to the field of education, at an accredited institution will earn three credits towards a M+30 for each course developed and taught.  Educators submitting satisfactory evidence that they have taught a graduate level course, directly related to the field of education, at an accredited institution will earn three credits towards a M+30 or a M+60 for each course developed and taught.  There is a three credit maximum for each course; no matter how many times that course is taught. The provisions of Section 3c will continue to apply.

 

Notwithstanding the provisions of Article XI, Section 1, educators who successfully complete the National Board for Professional Teaching Standards process and thereby become National Board Certified Educators will be granted 18 graduate credits towards a M+30 or a M+60.  The provisions of Section 3 c will continue to apply.

 

Written notice must be submitted to the Director of Human Resources on or before December 1 preceding the year in which the change of degree status will take place.  Evidence of receipt of the change of degree status must be submitted to the Superintendent on or before August 25.

 

Section 2:  It is mutually agreed that neither increments nor adjustments are considered to be automatic; they are granted annually in the discretion of, and by vote of, the School Committee to those educators who meet the requirements of the School Department and who receive recommendations from the Director or Department Head (if applicable), Principal, Assistant Superintendent and Superintendent. Employees hired after the 91st educator day will not be eligible for a step increase the following year.

 

On the secondary level, pay will be based on the number of periods to which a educator is assigned out of thirty (30) periods.  Assigned periods are defined as student supervision periods (teaching or duty periods).

 

The following examples are for clarification of the above contract changes in ARTICLES IX and XII.

 

ONE‑HALF TIME EDUCATORS:

In accord with ARTICLE IX above, the maximum assignment for half‑time educators will be 15 teaching periods per week or a combination of teaching and duty assignments totaling 15 periods per week.

 

TWO THIRDS TIME EDUCATORS:

In accord with ARTICLE IX above, the maximum assignment for 2/3‑time educators will be 20 teaching periods per week or a combination of teaching and duty assignments totaling 20 periods per week.

 

Section 3:

(a)  Educators entering the Public Schools of Natick will be placed on the salary schedule according to approved previous teaching experience and degrees earned at accredited institutions.  At the discretion of the Superintendent, credit on the Salary Schedule may be given for work‑related experience.  In the event that a educator candidate, who has been inactive in the teaching profession for two or more years, and seeking employment in Natick agrees to do so, that educator may be hired at a step rate lower than would be indicated by that educator's actual number of years of teaching experience.

 

The placement of the educator on the salary scale reflecting the highest degree held will be at the discretion of the Superintendent of Schools.  The educator's progress thereafter on the salary schedule will be from the placement mutually agreed to between the candidate and the Superintendent of Schools.

 

(b)  Any educator who agrees to work or is administratively directed to work beyond the accepted school year shall be compensated on a pro rata (e.g. annual salary/183) basis of his/her current salary.  This provision shall not apply to staff members who participate in Summer School, Adult Education, or Summer Workshop Programs. In addition, the parties agree that per-diem compensation will be paid to Unit A members who are administratively assigned to perform the regular functions of their job beyond the contractually defined school year.

 

Examples include:

1.      Attendance at a Team Meeting as required by Administration

2.      Preparation of Individualized Educational Plans when directed by Administration

3.      Preparation or attendance at legal proceeding

(a)    preparation for legal proceeding by attorney or Director of Student Services,

(b)   attendance at work-related mediation, hearing or court proceeding when required by Administration

 

The regular workshop rate will be paid for the following:

1.      Preparation of curriculum materials as workshop presenter

2.      Scheduling of students (e.g. middle school, 2 day maximum)

3.      Attendance as participant at curriculum meeting required by Administration

4.      Development of curriculum materials as part of a curriculum workshop committee.

 

(c)  Guidance Counselors at the high school and middle school level shall work five (5) additional days (pro-rated for part-time) each school year.

 

Section 4: The School Committee will establish a tuition reimbursement fund in the amount of $25,000 a year (July 1 – June 30).  Members of Units A and B are eligible to participate. Each member may submit an application for reimbursement for graduate level courses taken at an accredited institution.  Courses must be pre-approved by the Assistant Superintendent or her/his designee and a minimum grade of B must be received.  Reimbursement will be approved upon submission of a completed application with receipt of payment and official transcript attached, according to the provisions below. 

 

A one week application period will be established in April when all material must be submitted to the Director of Human Resources.  Educators should submit a completed application along with receipt of payment and official transcript. The tuition reimbursement fund will be equally distributed among applicants, provided that no individual shall receive reimbursement for more than the cost of the course(s) approved and submitted

 

Payment of tuition reimbursement will be made by June 30, unless the course ends in June, in which case a purchase order will be completed and reimbursement will be in July. 

 

Receipt of payment must be received by HR during the April application period.  Grades for spring courses may be submitted until June 30.

 

The reimbursement year will go from July 1 through June 30 (the fiscal year).  Courses taken in July will not be reimbursed until the following July. An educator who resigns with an effective date prior to reimbursement date is not eligible for reimbursement.

 

Section 5:  Compensation for the position of "Assistant to the Principal" in elementary schools shall be as shown below:

                                                                                                               

Assistant to the Principal:  Note: Stipend below reflects annualized rate.

School Year 12-13                  $1,515

                                               

Section 6:  Team Leaders, Curriculum Specialists, Elementary Instructional Leaders and Student Services Instructional Leaders will be appointed by the Superintendent on an annual basis. 

 

Elementary Instructional Leaders (EIL’s) will be appointed for each elementary grade level. An Elementary Learning Center Instructional Leader (ELCIL) position will be established to lead all elementary learning center educators..

 

Effective for School Year 2012-13, Elementary Instructional Leaders and Elementary Learning Center Instructional Leaders will be compensated at the rate of $2,525. This stipend applies to Leaders of groups of 15 or more and will be shared if the role is shared. 

 

 A selection committee composed of 5 EAN members and 3 members of the Administration shall interview and recommend interested candidates annually. One or two Elementary Instructional Leaders will be appointed to each elementary grade level.

 

Student Services Instructional Leaders will be appointed annually in each of the following areas:  Speech and Language Pathologists/Occupational Therapists/Physical Therapists, Elementary Learning Center, School Psychologists/Adjustment Counselors/Social Workers, K-8 Guidance and ELE. One or two people may fill each of these positions. If one person performs the role, they will receive a stipend of  $1,672. If two people share the role then each person will receive the stipend of $1,050.

 

Team Leaders will be appointed to each grade level team and to student services.

 

Curriculum Specialists will be appointed in each of the following areas:  Foreign Language, Social Studies, Technology and Science and paid according to the guidelines below:

           

Team Leaders, Curriculum Specialists and Middle School Student Services Instructional Leaders:  Note: Stipends below reflect annualized rates

 

School Year 2012-2013          $1,672 [4-5 person team]

                                                $  836 [2-3 person team]

                                                $  836 [Student Services team]

 

Effective for School Year 2012-2013, the Evaluation Team Leaders will receive a stipend of $7,112. (This stipend is consistent with the Unit B Department Head stipend.)

 

 

School Year 2012 - 2013

In House Coverage (Elementary School and Middle School

$27.84

In House Coverage (High School)

$37.03

Assistant To Principal

$1,515

 Team Leader & Curriculum Specialist (4-5 person team)

$1,672

 Team Leader & Curriculum Specialist (2-3 person team)

$836

Student Services Team Leader

$836

Evaluation Team Leader

$7,112

Mentoring Stipend

$1,010

Building Based Mentor Leaders

$773

Mentoring Training

$56 per day

Student Services Instructional Leader - 1 person

$1,672

Student Services Instructional Leader - 2 people

$1,050 each

Elementary Instructional Leaders (groups of 15 or more)

$2,525

Elementary Learning Center Instructional Leaders (groups of 15 or more)

$2,525

 

Section 7Coaching Salaries(a)  Coaching Salaries will be paid according to the following schedule:

 

EAN Unit - Coaches

School Year 2012 - 2013

 

 

 

 

 

 

 

 

 

 

Category              

 

Step

FY 2012 - 2013

 

 

 

 

 

 

Baseball

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Asst Varsity

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

Freshman Head

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Basketball (Boys & Girls) - High School

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman Head

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Basketball (Boys & Girls) - Middle School

 

1

$1,986

 

 

 

2

$2,130

 

 

 

3

$2,411

 

 

 

 

 

 

Barnhill Basketball (Boys & Girls) - Wilson only

Per Diem

1

$40

 

 

 

2

$43

 

 

 

3

$48.22

 

 

 

 

 

 

Cheerleader (Fall & Winter)

Head

1

$2,482

 

(payment per season)

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Faculty Manager (paid in 3 payments)

High School

1

$3,655

 

 

 

2

$3,838

 

 

 

3

$4,204

 

 

 

 

 

 

Field Hockey - High School

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Field Hockey (Girls) - Middle School

Head

1

$1,986

 

 

 

2

$2,130

 

 

 

3

$2,411

 

 

 

 

 

 

Football

Head

1

$9,319

 

 

 

2

$10,418

 

 

 

3

$10,963

 

 

First Assistant

1

$5,850

 

 

 

2

$6,210

 

 

 

3

$6,415

 

 

Assistant Varsity [3]

1

$5,300

 

 

 

2

$5,666

 

 

 

3

$6,210

 

 

Head Freshman

1

$3,106

 

 

 

2

$3,291

 

 

 

3

$4,217

 

 

Assistant Freshman

1

$2,194

 

 

 

2

$2,378

 

 

 

3

$2,559

 

 

 

 

 

 

Golf

Head

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

 

 

 

 

Gymnastics

Head

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Assistant

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Ice Hockey

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Lacrosse  (Boys & Girls)

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Sailing

Head

1

$4,082

 

 

 

2

$4,257

 

 

 

3

$4,610

 

 

 

 

 

 

Ski

Head

1

$4,082

 

 

 

2

$4,257

 

 

 

3

$4,610

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Soccer  (Boys & Girls)

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Softball

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Asst Varsity

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Swimming (Boys & Girls)

Head

1

$4,028

 

 

 

2

$4,205

 

 

 

3

$4,560

 

 

Assistant

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Tennis (Boys & Girls)

Head

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Assistant

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Track : Cross Country - High School

Head

1

$5,588

 

(1 coach covers both boys & girls)

 

2

$5,853

 

 

 

3

$6,386

 

 

Assistant

1

$3,723

 

 

 

2

$3,994

 

 

 

3

$4,521

 

 

 

 

 

 

Track : Cross Country  - Middle School

Head

1

$2,978

 

(1 coach covers both boys & girls)

 

2

$3,195

 

 

 

3

$3,617

 

 

 

 

 

 

Track: Indoor  (Boys & Girls)

Head

1

$4,587

 

 

 

2

$4,762

 

 

 

3

$5,115

 

 

Sub-Varsity

1

$2,662

 

 

 

2

$3,014

 

 

 

3

$3,196

 

 

Assistant

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Track: Outdoor  (Boys & Girls) - High School

Head

1

$4,587

 

 

 

2

$4,762

 

 

 

3

$5,115

 

 

Sub Varsity

1

$2,662

 

 

 

2

$3,014

 

 

 

3

$3,196

 

 

Assistant

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Track: Outdoor  (Boys & Girls) - Middle School

Head

1

$1,986

 

 

 

2

$2,130

 

 

 

3

$2,411

 

 

 

 

 

 

Trainer  (paid in 3 payments)

Head

1

$10,644

 

 

 

2

$11,358

 

 

 

3

$12,418

 

 

Assistant

1

$8,158

 

 

 

2

$8,514

 

 

 

3

$9,310

 

 

 

 

 

 

Volleyball  (Girls & Boys)

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

 

 

Wrestling

Head

1

$5,502

 

 

 

2

$5,855

 

 

 

3

$6,209

 

 

Sub Varsity

1

$3,725

 

 

 

2

$3,902

 

 

 

3

$4,257

 

 

Freshman

1

$2,482

 

 

 

2

$2,662

 

 

 

3

$3,014

 

 

 

 

(b) Regulations on Coaching Salaries

 

1.   Present coaches will move to the next step on the schedule as determined by the salary they   are now receiving.

 

2.   The step on which a new head coach will be placed will be based on a recommendation of    the Athletic Director to the Superintendent of Schools through the High School Principal.

 

3.    Increments in coaching are not to be considered automatic and will be given only with the recommendation of the Athletic Director.  The Head Coach of the respective sport will make increment recommendations on their assistants to the Athletic Director within 10 days after the conclusion of their particular sport.

 

4.   All coaching salaries will be paid when the coaching assignment has been completed.

 

5.    Per diem compensation for coaches involved in tournament play on the following basis:  The per diem rate will be determined by dividing the then current coaching salary by the number of days in the regular coaching season.

 

Section 8: Intramural Program

 

The intramural program will be conducted for the students at the secondary level.  Hourly rates of pay for persons working in these programs will be as displayed below. 

 

             Step                           2012-13

             1                                    12.18

             2                                    13.12

3                                          14.06

             4                                     14.99              

             5                                    15.91

             6                                    16.85

 

Section 9(a): Specialty Advisors

 

Specialty Advisors will be compensated as follows:


 

NATICK PUBLIC SCHOOLS

 

EAN Unit - Specialty Advisors

 

School Year 2013

 

 

 

 

 

 

 

 

 

 

 

Position

Ratio

2013

 

Per terms of the contract: Ratio 1.0 = 3%

 

$41,329

 

 

 

$1,240

 

 

 

 

 

 

Government

1Freshman Class Advisor I

1.00

$1,240

 

 

1Freshman Class Advisor II

1.00

$1,240

 

 

1Sophomore Class Advisor I

1.25

$1,550

 

 

1Sophomore Class Advisor II

1.25

$1,550

 

 

1Junior Class Advisor I

1.75

$2,170

 

 

1Junior Class Advisor II

1.75

$2,170

 

 

1Senior Class Advisor I

2.50

$3,100

 

 

1Senior Class Advisor II

2.50

$3,100

 

 

1National Honor Society Advisor I

1.50

$1,860

 

 

1National Honor Society Advisor II

1.50

$1,860

 

 

1Art Honor Society Advisor

1.50

$1,860

 

 

1Middle School Student Council Advisor

1.50

$1,860

 

 

1High School Student Council Advisor I

2.50

$3,100

 

 

1High School Student Council Advisor II

2.50

$3,100

 

 

 

 

 

 

 

 

 

 

 

Publications

1High School Yearbook Advisor 1

3.25

$4,030

 

 

1High School Yearbook Advisor 2

3.25

$4,030

 

 

High School Newspaper Advisor

3.00

$3,720

 

 

1High School Literary Magazine Advisor

1.00

$1,240

 

 

1Middle School Yearbook Advisor

1.00

$1,240

 

 

 

 

 

 

 

 

 

 

 

Drama / Music

1Middle School Drama Director

1.75

$2,170

 

 

1Middle School Musical Drama Director                                         (only if music is performed)

1.75

$2,170

 

 

1Middle School Show Producer (2 per school)

0.50

$620

 

 

1Middle School Costume

0.50

$620

 

 

1High School Drama Production  Director I

3.75

$4,650

 

 

1High School Musical Director

4.50

$5,579

 

 

1High School Musical Choral & Orchestra Director

4.25

$5,269

 

 

1High School Drama Production Director II                             (only when senior play is musical)

1.50

$1,860

 

 

1High School Jazz Ensemble Director

2.75

$3,410

 

 

1High School Parade/Pep Band Director 

1.00

$1,240

 

 

1High School Costume

1.00

$1,240

 

 

1High School Lighting Director

1.00

$1,240

 

 

1High School Set Construction

1.00

$1,240

 

 

1High School Show Producer

1.00

$1,240

 

 

1High School Choreographer

1.50

$1,860

 

 

1High School House Manager

 

$72 per night

 

 

 

 

 

 

 

 

 

 

 

Clubs

1High School Academic Decathlon Coach

2.75

$3,410

 

 

1High School Competitive Speech Advisor

5.00

$6,199

 

 

1High School Competitive Speech Assistant

1.75

$2,170

 

 

1High School Speech Manager

0.50

$620

 

 

2High School Math Club

1.50

$1,860

 

 

2Middle School Math Team

1.50

$1,860

 

 

2Middle School Speech

1.00

$1,240

 

 

1High School German Club

1.00

$1,240

 

 

1High School Spanish Club

1.00

$1,240

 

 

1High School PEER Leadership Advisor I

1.75

$2,170

 

 

1High School PEER Leadership Advisor II

1.75

$2,170

 

 

2High School Students for Planet Earth

1.75

$2,170

 

 

1High School LGBQ

1.50

$1,860

 

 

1High School French Club

1.00

$1,240

 

 

2High School Chess Club

1.00

$1,240

 

 

1High School Robotics Advisor

1.00

$1,240

 

 

2Middle School Future Engineers & Robotics Advisor

1.00

$1,240

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other

2Middle School Weather Service

3.00

$3,720

 

 

1Leadership Team/Peer Leaders (HS and each middle school)

1.50

$1,860

 

 

1High School SADD Advisor

2.50

$3,100

 

 

1High School ELNA

1.75

$2,170

 

 

 

 

 

 

 

2High School Students as Readers

1.00

$1,240

 

 

2Middle School Students as Readers

1.00

$1,240

 

 

2Middle School Multimedia Publishing

1.00

$1,240

 

 

1High School Debate Team

1.00

$1,240

 

 

2Middle School Unspecific Specialty Advisor Positions (8 @ WL, 9@KN)

1.00

$1,240

 

 

2High School Advisor to Business Leaders of America

1.00

$1,240

 

 

1Key Club

1.75

$2,170

 

 

1Educatius Advisor

1.75

$2,170

 

 

 

 

 

 

 

(Number preceding title indicates Group designation 1 or 2.)

 

 

 

Additional

estimated 35 hours

0.41

$502

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** When the Band  Director or Choral Director must accompany their respective

 

 

 

groups to events that are in excess of the normal schedule, they will be compensated

 

 

at the following hourly rate:

 

$12.88

 

 

 

 

 


Section 9(b): Specialty Advisor Review Committee

For school year 2012-13, please refer to the Specialty Advisor side letter.

 

1.   Composition of the Committee

     

      A.   Two members of the Administration designated by the Superintendent of Schools.

      B.    Three members of the Education Association of Natick consisting of at least one member of Unit B and at least one representative of the middle schools.

 

2.   Responsibilities of the Committee

     

      A.   Review ratio assignments and make recommendations for changes to be negotiated between the parties.

      B.    Review the status of current Specialty Advisor positions and make recommendations for elimination of existing positions based on lack of student interest and participation.

      C.    Evaluate requests for new Specialty Advisor positions from administration staff or students and make recommendations on such requests to be negotiated between the parties.

      D.   At an agreed time during the school year, the Committee will receive reports from principals regarding student participation in the various activities.

 

3.   Frequency of Meetings

 

      A.   September ‑ Initial review of principals’ recommendations for appointments of Specialty Advisors.

      B.    December ‑ Review of positions ‑ recommendations for elimination of existing positions or establishment of new positions prior to final budget determinations.

      C.    May ‑ Review of year ‑ general discussion of Specialty Advisor program.

 

            

Section 9(c):  Principals' Options

Principals will have the following options, to be exercised at their discretion.

 

a.   To divide a single Specialty Advisor's position and assign its area of responsibility of two (2) persons at 1/2 pay each.

b.     To combine two (2) similar Specialty Advisor's positions and assign them to a single person at double pay.

 

Section 9(d):  Extra Curricular activities will, to the extent possible, be voluntary.  If there is no volunteer for a position, the principal of the school involved may appoint an educator to the position. The Association and the Superintendent will be notified in writing of any such appointments.

 

1.   The principal shall appoint advisors on a yearly basis.

2.   All Specialty Advisors' salaries will be paid when the activity is completed.

 

Section 10:  Payments and Deductions

(a) Appropriate payroll deductions will be made for federal and state taxes and for any other payroll deductions required by the law.

 

(b) The Committee agrees to make salary deductions for premiums for tax‑free annuities in such sums as designated in writing by individual participants.

 

(c)  Installments 23 – 26 will be paid bimonthly in July and August.

  

(d) The Association shall not hold the Committee responsible, in any way, for any failure of compliance or adherence to the above pay calendar that occurs through no fault of the Committee.

 

(e) Effective 8/27/12, direct deposit will be mandatory for all Unit A and B members.

 

(f)  AGENCY FEE

 

(1)        Effective on the date of ratification (September 1, 1982) of this Agreement by both the Association and the Committee, all persons who are members of the Education Association of Natick will either remain members as to the payment of regular local, state and national dues or be subject to an agency service fee as a condition of employment pursuant to the provisions of this contract and G.L. 150 & 12.

 

(2)        Persons who are not members of the Association on the date of ratification of this Agreement (September 1, 1982) by both parties will be "grandfathered" and will not be subject to an agency service fee except as set forth in (3) and (4) below.

 

(3)        If a "grandfathered" member of the unit subsequently joins the Association, he/she shall remain either a member of the Association, or be subject to an agency service fee as a condition of employment pursuant to the provisions of this contract and to the provisions G.L. c.150 & 12.

 

(4)        A "grandfathered" member who is RIFFED and not recalled during the recall period but is rehired after the recall period will be considered a new employee and subject to the agency service fee.

 

(5)        Employees hired after the effective date of ratification (September 1, 1982) of this Agreement by both parties shall be subject to an agency service fee as a condition of employment pursuant to the provisions of this contract and the provisions of G.L. c.150 & 12 on or after the 30th day following the beginning of such employment.

 


ARTICLE X - Class Size

 

Section 1:  The Committee and the Association recognize the desirability of achieving optimum teaching‑learning conditions by securing workable class sizes.  To this end, the parties accept the following class maxima:

 

Elementary/Middle/Senior High Schools                                           25 Students per educator

Academic Subjects (Including science labs and foreign language)    25 Students

Industrial Arts & Wellness/Unified arts                                             15 Students

Physical Education                                                                             35 Students

Study Hall                                                                                           40 Students

                                                                                               

Section 2:  Where present physical facilities will permit, additional staff should be employed to reduce the existing class size.  However, failure to reach these class sizes shall not be subject to the grievance and arbitration provisions of this Agreement.

 

ARTICLE XI ‑ Educator Assignment

 

Section 1(a):  Educators will be notified of their tentative programs for the coming year, including the schools to which they will be assigned, and the grades and/or subjects that they will have as soon as possible and under normal circumstances, not later than two weeks prior to the scheduled last day of the school year.  Upon request of the educator, the tentative programs will be discussed in conference with his/her supervisor at which time reasons for the assignment will be given.  Whenever possible, secondary school educators will not be required to teach in more than two subject fields.

 

Section 1(b):  If any change is made in the subject, grade or school to which an educator has been assigned and of which assignment he/she has been previously notified, it shall be the responsibility of the principal and/or vice principal and/or department head or nurse supervisor to notify the educator of such change and the reasons why in writing within five (5) calendar days after such change has been made.  In cases where mail is used, posting shall constitute notice.  Upon request of the educator, the subsequent changes will be discussed in conference with his/her supervisor at which time reasons for the change will be given.

 

Section 2:  In order to assure that pupils are taught by educators within their area of competence, educators will not be assigned, except temporarily and for good cause, outside the scope of their teaching licenses and/or their major or minor fields of study.

 

Section 3:  Changes in grade assignments in the elementary schools, subject assignments in the secondary schools and building assignments for nurses will be to the extent possible voluntary.  Primary consideration should be given to qualified educators in the system when vacancies occur.

 

Section 4:  Educator assignments will be made without regard to race, creed, color, religion, nationality, sex, age, physical or mental disability, sexual orientation or marital status.

 

Section 5:  If an involuntary transfer from one building to another is necessary, the least senior qualified, licensed educator within the discipline shall be transferred whenever possible.  Such an involuntary transfer from one building to another will be made only after a collaborative meeting with the sending and receiving principals, affected or interested educators, EAN representative, nurse supervisor, if applicable, Director of Human Resources and Superintendent or his/her designee.  Discussions will include what is considered the best situation for students, educators and principals.  Any educator designated for an involuntary transfer will be notified in writing of the reasons for the transfer. This provision shall not be construed to prevent or prohibit the School Committee from taking required actions under the ESEA.  If any of the anticipated ESEA actions result in a duty to bargain, bargaining shall commence and shall be initiated by the parties in a time frame sufficient to allow completion of bargaining prior to implementation under the deadlines specified in the Act.

 

Section 6: Voluntary Transfers and Vacancies

 

a.      During the school year, all anticipated Unit A openings will be posted for a period of ten working days by way of a written notice sent to each building, posted upon receipt in a conspicuous location.

 

Every effort will be made to publicize vacancies using the following additional methods:

§   A written notice sent to the EAN building representative in each building

§   A written notice sent to the EAN president (or co-presidents)

§   A posting on the Natick Public Schools’ website – www.natickps.org. and in an email to all faculty and staff.

 

Every effort will be made to publicize vacancies that occur during the summer using the following methods:

§  A posting on the Natick Public Schools’ website.

§  If the webpage is down, posting time will be extended.

 

b.   If a vacancy/open position can be reasonably forecast for one year or longer, the position will be posted and paid as a regular position (not any kind of substitute position) on the regular salary schedule.

 

c.   If openings occur during the school year, they will be filled on a temporary basis for the remainder of the school year and if those positions exist for the subsequent school year, they will be included on the list of vacancies.  If openings occur during the school year, they normally will not be filled by transfers but rather on a temporary basis.  In such instances, if the positions remain in effect for the subsequent school year, they will be set forth on the list of vacancies as set forth above. Individuals out on an approved leave of absence will be notified of all postings that occur prior to the end of the school year.

 

d.  All qualified educators will be given adequate opportunity to make application for open positions. The Committee agrees to give consideration to the professional background and attainment of the applicant, the length of time in the school system, and other relevant factors.

 

e.   In the event that a Unit A or B vacancy occurs during the school year, the posting period may be reduced to five (5) school days on an emergency basis.  Should the Superintendent determine that a quick appointment is in the students’ best interest, he/she or his/her designee will contact the president of the EAN and explain the reason for the emergency posting.  The EAN president will not unreasonably deny such a request.

 

Section 7:  Before a educator is assigned or transferred to or from a particular school, either on a voluntary or involuntary basis, the principals of the schools in question will consult with the Director of Human Resources regarding said assignment or transfer.

 

Section 8:  Notice of Resignation

Educators will provide the Superintendent of Schools with a minimum of 30 calendar days notice of resignation.  Such notice shall be in writing, with a copy provided to the educator’s immediate supervisor and the Director of Human Resources.

 

ARTICLE XII ‑ Working Conditions

 

The Committee and the Association recognize and agree that an educator's responsibility to his/her students and his/her profession generally entails the performance of duties and expenditure of time beyond the regular workday, but that time and work schedule should be established applicable to educators in the normal course of their employment.  To this end the following conditions of employment shall be effective except in circumstances beyond the control of the School Department. 

 

Section 1 (a)Teacher Work Year The School Committee will initially schedule a school year of 188 educator days and 185 pupil days.  However, on or before April 15, the School Committee will readjust the school calendar so that the maximum number of educator workdays shall be no more than three (3) more than the minimum number of pupil days required by law.  Days that must be made up as a result of lost time will be done so at the end of the school year.

 

Section 1 (b) Nurse Work Year The School Committee will initially schedule a work year of 188 days. However, on or before April 15, the School Committee will readjust the school calendar so that the maximum number of workdays shall be no more than seven days more than the minimum number of pupil days required by law. Days that must be made up as a result of lost time will be done so at the end of the school year.  No more than five (5) additional days per year may be required of a Nurse upon the authorization of the Superintendent, but for each such day, the employee will be compensated in the amount of 1/187 of her/his annual salary.

 

Section 1 (c) The Committee will present the proposed School Calendar for the succeeding school year to the Association by March 1.  The Association will present its reactions to the proposed calendar to the Committee within 30 days.  It is recognized that the final decision regarding the formation of the School Calendar rests exclusively with the Committee.

 

Section 2 (a)Work Hours Twelve minutes before the official time for opening school, elementary school educators shall be in their building or assigned station as directed by their principal and at his/her discretion and shall remain in their building for at least one‑half hour after the close of the regular session. One of these 30 minute blocks shall be designated as Professional Learning Community (PLC) time once a week. This building based time, shall be planned with Elementary Instructional Leaders (EIL) . This time, organized and planned by educators with the EIL may be worked at the beginning or end of the day, in their buildings, at the educators’ discretion. 

 

  (b) Twenty minutes before the official time for opening school, middle school educators shall be in their building or assigned station as directed by their principal and at his/her discretion and shall remain in their building for at least one‑half hour after the close of the regular session. 

 

(c) In special cases involving early or late classes, these hours may be modified by mutual agreement; in no instances will the total hours be exceeded.  Educators may leave after the regular student dismissal time on Fridays and the day preceding a holiday or vacation.  In the case of part‑time educators, the amount of time required of them will be pro‑rated in the same proportion as the fraction used to determine their salary.  For part‑time educators, contract references to the beginning or end of the school day or the student day refer to the beginning or end of the part‑time educator's assigned periods.  The part‑time educator and his/her supervisor may mutually agree to rearrange such educator time commitments to facilitate the educational process.

 

(d) High school educators shall be in their building or assigned station as directed by their principal fifteen (15) minutes before the official time for opening school.

 

In accordance with ARTICLE XII, Section 2 above, 1/2-time educators will be required to be present 10 minutes before the start of their first teaching or duty period and shall remain for at least 15 minutes after the close of their final teaching or duty period of the day except that half‑time educators may leave after their final teaching or duty period on Fridays and the day preceding a holiday or vacation.

 

In accord with ARTICLE XII, Section 2 above, 2/3‑time educators will be required to be present 13 minutes before the start of their first teaching or duty period and shall remain for at least 20 minutes after the close of their final teaching or duty period of the day except that 2/3‑time educators may leave after their final teaching or duty period on Fridays and the day preceding a holiday or vacation.

(e) The total number of school hours per year will not be increased unless mutually agreed upon by the Committee and the Association.  

 

Section 3:  Extra Help Elementary and middle school educators shall be available to give one full period after regular school hours twice a week to all pupils requiring additional help.

 

In the case of part‑time educators, the amount of time required of them will be pro‑rated in the same proportion as the fraction used to determine their salary.  For part‑time educators, contract references to the beginning or the end of the school day or the student day refer to the beginning or end of the part‑time educator's assigned periods.  The part‑time educator and his/her supervisor may mutually agree to rearrange such educator time commitments to facilitate the educational process.

In accord with ARTICLE XII, Section 3 1/2-time educators will be required to give 1/2 of a full period after the close of their final teaching or duty period twice a week to all pupils requiring such additional help.

 

In accord with ARTICLE XII, Section 3, 2/3‑time educators will be required to give 2/3 of a full period after the close of their final teaching or duty period twice a week to all pupils requiring such additional help.

 

(a)  One full period, for purposes of Section 3 (above) shall be defined as follows:

 

      Middle (5‑8) ‑ not less than 46 minutes

      Elementary (K-4) ‑ not less than 30 minutes

 

(b) At the elementary level, by mutual agreement between the staff and the principal, the two 30‑minute sessions may be combined for one 60‑minute session.

 

      Such an agreement shall not prevent individual educators from providing extra help in addition to his single period, should they wish to do so.

 

Natick High School educators are required to remain after student dismissal time, a total of 120 minutes over the course of one (M-F) week, to be available to students needing extra help.  For part-time high school educators, the 120 minutes will be prorated based on the full-time equivalency of their position.

 

Additionally, each high school faculty member will be assigned a 50 minute after school detention period twice a year, to commence four minutes after the conclusion of the school day.

 

Section 4Staff Meetings - Educators may be required to remain after the end of the regular workday to attend a one hour building based staff meeting each month, except September.

 

It is understood by the parties that educators, at their own discretion, use substantial amounts of their own time on professional preparation.

It is understood that other building-based meetings may be necessary and every attempt will be made to schedule them at mutually convenient times.

 

The School Committee may require part-time educators to attend longer than their proportionate time on the day before the first pupil day of the school year and, if so, the part-time educators will be paid proportionate to the extra time worked. 

 

Section 5:  Unit members will have the following duty-free lunch periods:

Elementary ‑ Regular student lunch period to coincide with regular student lunch period, but in no case to be less than thirty (30) minutes.

High School and Middle School ‑ Regular student lunch period.

 

Nurses: Principals will create and publicize a system to allow the nurse to take a duty free lunch period break every day.  The parties acknowledge that said lunch periods are to be schedule so as not to conflict with student recess.  Moreover, in any school where two or more nurses are regularly assigned, there shall be at least one nurse on duty at all times during the work day.

 

No meetings will be held during a unit member’s duty free lunch period.

 

Section 6:  Teachers will have a planning period during which they will not be assigned to any other duties, as follows;

(a) All educators must remain until the specialist has arrived in the class.

 

(b) Effective September 1991, every elementary educator will be guaranteed an average of forty (40) minutes per day duty-free planning period.  In no instance will this be accomplished by requiring a educator to supervise two classes, but will be a function of the assignment schedule of specialists and/or educator assistants.

 

(c) High School and Middle School ‑ an average of five (5) class periods per week.  In the case of part‑time educators, the amount of time required of them will be pro‑rated in the same proportion as the fraction used to determine their salary.  For part‑time educators, contract references to the beginning or end of the school day or the student day refer to the beginning or end of the part‑time educator's assigned periods.  The part‑time educator and his/her supervisor may mutually agree to rearrange such educator time commitments to facilitate the educational process.

 

In accord with ARTICLE XII, Section 6(c), 1/2‑time educators will be given an average of 2 1/2 class periods per week for planning.

 

In accord with ARTICLE XII, Section 6(c) 2/3‑time educators will be given an average of 3 1/3 class periods per week for planning.

 

Section 7:

(a) Middle school educators will be assigned not more than an average of six (6) student supervision periods per day, exclusive of days on which assemblies or clubs are scheduled.  Bus duties and homeroom assignments are not to be considered student supervision periods.

 

(b) Any educator who substitutes for another instructor called away to attend a Team Evaluation Conference will be paid $27.84 per period at the elementary schools and middle schools and $37.03 per period at Natick High School for such additional duties.

 

            Special Educators will make every effort to schedule meetings during high school teachers’ study periods.  If this cannot be done, coverage will be provided.

 

(c)  Every effort will be made to obtain a substitute when the regular educator cannot be with his/her class.  In the event a substitute cannot be obtained and a educator must substitute and have more than six (6) student supervision periods a day, he/she will receive compensation at the rate of $27.84 per period at the elementary schools and middle schools and $37.03 per period at Natick High School, for such additional duties.

 

 (d) In the event that an elementary educator must substitute for a specialist during the time that the specialist was scheduled to be in the class, that educator will be compensated at the same rates as described in sections 7(b) and 7(c).

 

Section 8:   Each high school faculty member will be assigned no more than 5 courses per semester. Each high school faculty member will be guaranteed one planning period per day and will be assigned no more than five duty periods per week. Additionally, each high school faculty member will be provided with two periods of Professional Learning Community time per week. Every effort will be made to have no more than two different course preparations per day.

 

 

Section 9:  All educators are expected to remain in their classrooms when a Generic Specialist, resource teacher or a specialist concerned with the implementation of Chapter 766 is present.

 

Section 10:  The Committee will attempt to obtain volunteer aides to perform such non-teaching duties as the Committee may assign to them as assistants to teaching personnel.  These aides shall be in addition to any volunteers serving any school at the execution of this Agreement.

 

Section 11:  New educators will report to school on a date determined by the Superintendent prior to the opening day of school for a general orientation program as prepared by central administration with the participation of the principals. In order to be eligible for Professional Teacher Status, a new educator must successfully complete the Skillful Teacher course and the Natick/EMI course “Expectations, Assessment and student Success: Exploring Identity, Group Membership and Professional Practice”, both offered annually.

 

Section 12:  Mentors will be selected from volunteers only, for appointment as a mentor for a one year period.  At the end of the school year, the appointment will automatically end. Whenever possible, only educators who have attained professional teacher status will be considered for volunteering to be mentors.

 

The duties and responsibilities of a Mentor teacher are as set forth in the Department of Education publication “Guidelines for Induction Programs”, page 8.  New mentors will also be required to attend a 2-day training seminar during the summer on the program for which they will be paid $56/day.

 

It is recognized that fulfillment of duties and responsibilities of a mentor will involve use of the educators’ preparation time, lunch time, and after school time.  Any release time for mentoring functions shall be subject to the approval of the principal.

 

Any evaluation of the mentor’s participation and duties will not be part of that educator’s official personnel file, but may only be utilized in conjunction with the participants of this program for analysis of its efficacy. Any written documentation between the mentor and mentee will remain confidential. In addition, any member who volunteers, and is selected to be a mentor, shall be held harmless for any evaluative comments, either written or oral, presented as part of this program, on behalf of any new educator in the mentor program.

 

Each mentor will be compensated at the rate of $1,010, provided he/she fulfills his/her responsibilities as set forth in the abovementioned D.O.E.  document. Ten hours of mentoring will be provided to new educators during the summer prior to their first teaching day.

 

Building Based Mentor Leaders will be compensated at the rate of $773, provided he/she fulfills his/her responsibilities as set forth in the Natick Public Schools Mentor Handbook.

 

Section 13:  Technology

 

1.      All efforts will be made by educators to respond to communication from families about student performance and learning within three (3) school days. Day 1 is the day email is opened during school hours. This is evidence of proficiency in Standard III Indicator C 1. Two Way Communication. Educators who receive email that is excessive, inflammatory, accusatory, etc… may report those emails to their principal for an administrative response.

 

 

  1. iPass: Grade 6-12 educators responsible for grading students in any fashion will maintain an electronic grade book in iPass. All efforts will be made to update the electronic grade book at least every other school week.  This is evidence of proficiency in Standard III Indicator C 1. Two Way Communication.

 

  1. Webpages: Staff will create web pages that contain the following basic content: greeting and contact information, a calendar that includes at least major projects, long term assignments and scheduled assessments. Homework may be on the calendar, but is not required. Administration will provide curriculum templates with learning objectives. Staff will communicate these learning objectives by each unit to families using letters, newsletters or technology.  This is evidence of proficiency in Standard III Indicator B 2. Curriculum Support.  Some building-based PLC time will be designated for updating and coordinating this content.

 

  1. Introductory computer use training will be provided for new hires.

 

  1. Refresher and enhancement technology training will be provided as necessary.

 

  1. Every staff member will be provided with a backup device to store documents, programs and media files for use when laptop is unavailable.

 

  1. Through the use of iPass, educators (grades k-5) will complete the reports of student progress and print the reports in their own building at any time before the Spring and Fall conference dates, as applicable.

 

  1. All training for administration-mandated initiatives will be provided during the contract day.  Whenever possible, non-mandatory trainings will be made available during contract hours and may be offered during other hours as well.

 

  1. A technology day will be provided with the following conditions: involve educators in planning professional development technology day, small classes as much as possible, reference take-away material, follow-up on technology learned on technology day during curriculum planning time and PLC time, provide examples of how technology will be used in the classroom, training in curriculum-relevant multimedia materials as much as possible, training includes all staff at elementary and secondary levels (including educators, counselors, nurses).

 

  1. Faculty may audit technology courses.

 

  1. Efforts will be made to offer technological parity among all schools at the same level – elementary, middle, high.

 

  1. Staff will be notified in a timely manner before any major changes to computer software, including: removal, additions and updates of existing programs.

 

  1. Only educators and administrators will have access to iPass for the ROSP (Report On Student Progress).

 

  1. The Assistant Superintendent for Curriculum Instruction & Assessment will post to a Moodle site any open distance learning positions of which s/he is made aware.

 

  1. The principal will develop a fair and reasonable building-based process, with staff input, for distribution of additional available technology resources.

 

Section 14:  Professional Learning Communities

 

  1. Educators may be required to remain after the end of the regular workday to attend four one hour district wide curriculum meetings. These meetings will be scheduled during months when there are no district-wide professional development release days. For Elementary staff these meetings will run from 3pm -4pm. Arrangements will be made to allow the Memorial staff to leave school 15 minutes prior to student dismissal on days when they have to travel to another building for one of these meetings.  At their discretion, Bennett-Hemenway staff may leave school after the regular dismissal time the day before or the day after district-wide PLC meetings.
  2. Educators may be required to remain after the end of the regular workday to attend five one-hour extensions of district-wide professional development on early release days. A sixth hour of district wide professional development will be scheduled by the Elementary Instructional Leaders, Curriculum Specialists, Directors, or Department Heads.

 

  1. The parties will continue to work to develop an elementary school model for expanding PLC team meeting time during contractual time. Work on this model will be completed by the last day of the 2011-2012 school year.

 

  1. All elementary Professional Development (PD) events along with the ½ hour per week at the elementary level will be organized and planned by the EIL. The subject/topics will be selected by educators.  All PD events at the middle and high schools will be planned by the Department Heads, Curriculum Specialists and K-12 Directors in collaboration with their building principal.

 

  1. Staff at Memorial elementary school shall be provided with coverage in order for them to participate in the one hour PLC meeting.

 

  1. In no event shall a principal or vice principal’s participation in a PLC be used for purposes of evaluating non-PLC leaders.

 

  1. Each PLC shall develop one or two goals for the school year that are consistent with Natick School District goals and/or the school improvement plans.  A PLC may choose goals that are not consistent with district goals and/or school improvement plans only with the written approval of the superintendent or his/her designee.

 

  1. PLC hours may be designated as building-level time at the discretion of the PLC leader and with the approval of the superintendent or his/her designee.

 

  1. PLC’s will be part of the annual new staff orientation

 

  1. PLC time may be used for technology training

 

  1. The PLC structure will provide opportunities for meaningful professional development for curriculum planning.

 

  1. Titles of PLC leaders at each level are as follows:

High School – Department Head, Director of Health and PE and Director of Fine and Performing Arts

Middle School – Department Head, Director of Health and PE, Curriculum Specialist and Director of Health and PE and Director of Fine and Performing Arts,

Elementary School – Elementary Instructional Leader, Director of Health and PE and Director of Fine and Performing Arts

Student Services Instructional Leaders - A PLC leader will be appointed for each of the following groups:

Speech and Language Pathologists/Occupational Therapists/Physical Therapists

Elementary Learning Center Teachers

ELE (English Language Educators)

School Psychologists/Adjustment Counselors/Social Workers

K-8 Guidance Staff

Preschool Teachers

Nurses

Program Supervisor will serve as PLC leader for ACCESS teachers

Technology –district-wide Technology Curriculum Specialist

 

Section 15.  Introduction of new initiatives:

An appropriate internal tool with some print communication will be developed to document district-wide pilots and new initiatives prior to their implementation including

 

1.      goal

2.      rationale and background

3.      timeline

4.      status

5.      process

6.      professional development required

7.      persons involved

8.      review of  effectiveness of the initiative

9.      point person for feedback

 

Innovation is encouraged. The purpose is to communicate important information to all employees.  Concerns will be brought forward by the EAN president at the monthly meeting with the superintendent.

 

 

Article XIII - Health and Safety

 

The Natick School District and the EAN agree to establish a Health and Safety Committee and to establish guidelines to address problems in a predictable and expedient manner.  One of the Natick School Committee's highest priorities is safe and healthy schools for all employees.  The District and the EAN will make every effort to ensure the Health and Safety Committee is an effective working committee. 

 

Section 1:  The Natick Public School District will strive to provide a safe and healthy workplace and will notify the Association of any condition that it believes might constitute a hazard to employees that it feels cannot be promptly remedied. 

 

Section 2:  The employees may exercise all their legal rights to obtain a safe and healthy workplace. The District shall not take any retaliatory action against an employee who exercises his/her rights under M.G.L. c.149 S185.

 

Section 3:  If an employee becomes aware of a working condition that he/she feels is unsafe or unhealthy, he/she shall use the following procedure to address the concern.  No issue reported or addressed under this Article will be the subject of a formal grievance or taken to arbitration.

 

STEP 1

Employee reports a health or safety concern to immediate supervisor and/or building principal.

 

STEP 2

If the health or safety concern is not resolved, employee notifies principal, in writing on the appropriate form, of the safety and health concern(s) and sends a copy to the Health and Safety Committee.

 

STEP 3

A.  Principal resolves problem and notifies the employee in a timely manner of the resolution of the concern or, 

B. Principal notifies the educator, in writing, in a timely manner or not more than ten (10) working days, why he or she can not resolve the problem and principal notifies either the Director of Pupil Services or the Facilities Services Director, as appropriate, in writing, of the safety concern.

C. If the principal has not complied with the time limits set above or if the concern of the employee is not resolved, the employee may refer the matter to the Health and Safety Committee.

 

STEP 4

A. The Facilities Services Director addresses the problem and notifies the principal and the employee within ten (10) days of action taken, or;

 

      If the action does not resolve the employee's health and safety concern, the employee may refer the matter to the Health and Safety committee

 

B. The Facilities Services Director notifies the principal and the Health and Safety Committee in a timely manner or not more than ten (10) working days, of reasons why action can not be taken.  Principal then notifies the educator and the school council.

 

STEP 5

The Health and Safety Committee will examine the issue, consider possible action and make a recommendation to the School Committee.

 

Reporting form will contain space for the following information:

§  Employee name

§  Location

§  Date of report

§  Action taken at all steps

§  Signature of parties involved at each step

 

Members of Health and Safety Committee, which will convene within one month of ratification of the contract.

(Members will serve for two-year terms, unless the Committee is dissolved by mutual agreement.)

 

Representative(s) of EAN

Representative(s) of Administration

Representative(s) of School Committee

Representative(s) of Parent's Coordinating Council

Occupational Health Nurse

Safety Engineer

Representative of the Health Department

Facilities Services Director or Director of Pupil Services (non-voting member)

 

ARTICLE XIV ‑ Educator Records and Evaluation

 

Section 1:  While the total evaluation of a educator's performance is not necessarily limited to observation in the classroom, all formal observation of classroom performance by administrators will be conducted openly and with full knowledge of the educator.

 

Educators will review and will be given a copy of any evaluation report prepared by an administrator to be placed in their personnel folder and will have the right to discuss such report with the administrator.  The administrator must confer with any educator whose service has been rated unsatisfactory in any respect, explain the ratings, and plan cooperatively for improvement. If the situation which resulted in the poor evaluation is remedied or improved, notations will be made in subsequent evaluations and entered in the educator's personnel folder.

 

Section 2:  A major purpose of evaluation is improvement of educator performance.  Evaluation should, therefore, be constructive and must include specific written recommendations for any improvements.  These may be best arrived at cooperatively by a discussion between the supervisor and educator before the final evaluation is written.  It is recognized that circumstances could arise when the supervisor might not follow this procedure.

 

Section 3:  Whenever an addition is made to the educator's personnel folder, the educator shall be immediately informed.

 

Section 4:  Upon written request to any supervisory personnel, any employee covered by this Agreement shall have the right to inspect the contents of his/her personnel folder, files, cards and records which pertain to said employee, and said employee may make copies of such contents as concern such employee on his/her work.  It is understood that the records will be made available at reasonable and mutually convenient times.

 

The educator will have the opportunity to review such material and affix his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the content thereof.  The educator will also have the right to submit a written answer to such material, and said answer shall be attached to the file copy.

 

Section 5:  The evaluation process will be conducted in accordance with APPENDIX A..

 

ARTICLE XV ‑ Promotions and Vacancies

 

Section 1:  Whenever a vacancy occurs in a promotional position or a new promotional position is created, it shall be filled pursuant to the following procedures:

 

(a) Such vacancies shall be publicized by posting a written notice on a bulletin board in every school for a period of five (5) school days preceding the closing of application for such positions.  If the vacancy occurs during a vacation period, the notice shall also be sent to the Association President or his/her designee at least ten (10) days prior to the closing day for applications. If a vacancy/open position can be reasonably forecast as for one year or longer, the position will be posted and paid as a regular position (not any kind of substitute position) on the regular salary schedule.

 

(b) The qualifications for the position, the overall responsibilities and the approximate compensation will be set forth.

 

(c) It is recognized by the Association that the Committee will give all educators and administrators adequate opportunity to make application for such positions, and the Committee will give weight to the professional background and attainment of all applicants and the length of time each has been in the school system.

 

(d) All professional vacancies in promotional positions occurring within the total educational program shall be filled pursuant to the foregoing procedures.  Due weight will be given to the professional background and attainments of all candidates applying for a promotional vacancy in the Natick School System.

 

Section 2:  When such vacancies occur in coaching positions, preference will be given to qualified staff, covered by this Agreement, at the school where the vacancy occurs, who have knowledge of and experience in the applicable sport, with the concurrence of the principal and the Athletic Director.  In accordance with the provisions of Section 50 of Chapter 71, authority to contract with coaches is vested exclusively with the Superintendent.  The head coach will be consulted in the selection of his/her assistant(s).

 

Section 3:  Screening Committees:  Recognizing the fact that responsibility for appointing candidates rests exclusively with the Superintendent of Schools, it is agreed that screening committees may be established for positions at the administrative level.  Such committees may be called into existence by the

Superintendent when needed.  The resultant reports of such committees are recognized as advisory in nature and will be considered by the Superintendent in his/her final decision.

 

  Such committees shall be representative of the following groups:

§   Educators

§   Administrators

§   Parents

§   Students

 

Section 4: Appraisal of Unit B administrators and principals;

 

      The performance and effectiveness of Unit B administrators and principals shall be subject to an annual appraisal by the affected faculties.

 

      The appraisals will be sent to the Superintendent and serve as an advisory to assist him/her in making his/her final decision.  It is recognized that the responsibility for appointing candidates rests exclusively with the Superintendent of Schools.

 

ARTICLE XVI ‑ Reduction in Staff

 

Section 1:   If the School Committee determines, pursuant to its legal responsibility consistent with the General Laws of the Commonwealth, The Regulations of the Department of Education, and this Agreement, to make such decisions, that a reduction in the number of educators employed is necessary or that a particular type of teaching service should be discontinued, the following policy for reduction in personnel will be used:

 

(a) Inasmuch as possible, normal attrition will be used whereby educators who retire or resign will not be replaced if there are fully qualified educators available who are capable to fill the position and who would otherwise be subject to lay off.

 

(b) Educators who are not under regular contract or who are on temporary status (e.g. educators filling in for leaves of absence or long‑term substitutes) will be laid off first provided there are fully qualified permanent educators available who are capable of performing all the duties of the educators to be laid off under this section.

 

(c) In case of further reduction in teaching staff, an educator with professional teacher status shall not be dismissed if there is a educator without professional teacher status employed whose position the educator with professional teacher status is qualified to fill.

(d) If the School Committee determines that further reductions in staff are necessary which affect educators with professional teacher status, educators shall be laid off in the inverse order of seniority within the disciplines set forth in Section 3 of this article subject to the following exceptions.  The educator's placement on the salary schedule shall not be a consideration in determining who shall be laid off.

 

First Exception:  All educators receiving a rating of "does not meet expectations" will be placed at the bottom of the seniority list in their seniority order within their discipline for purpose of layoff. 

 

Second Exception: System Need

1.   Each educator must be licensed for the subject(s) that he/she teaches in accordance with State Licensure Regulations if said licensure exists.

 

2.   When final staffing requirements for the next school year are determined, each evaluator will submit to the Superintendent a list of the positions the evaluator feels may be critical to maintain the curriculum/function of that discipline in the next academic year.

 

      Critical need is defined as, but not limited to anticipated need for personnel due to understaffing, projected loss due to RIF, change in qualifications, or changes in staffing.

 

3.   If the School Committee agrees that the positions identified are critical, they shall be filled using the following priority procedures:

 

(a) Personnel within the Natick School System who satisfy the job qualifications, and have received an evaluation rating of "Satisfactory or Above" shall receive first priority.

 

(b)  The Superintendent or his/her designee, the Director of Human Resources or his/her designee, one member of the School Committee or his/her designee, the President of the EAN or his/her designee, the Chairman of the EAN Negotiating Committee or his/her designee, and the Chairman of the EAN PR & R Committee or his/her designee will meet, as a group, to determine if in fact these named persons are the only persons qualified according to the language of the contract.

 

(c)  Personnel outside the Natick School System may be hired as a second priority.

 

(e) A educator with professional teacher status whose position is eliminated and/or who is scheduled to be laid off in Section C or D above will be allowed to transfer to an open position (defined as one held by a educator without professional teacher status or a vacant position) for which the educator is qualified as described below:

 

      For purposes of Sections (c), (d), & (c), "qualified" means either:

 

      1.    Licensed in the subject or discipline or has taught the subject in a professional capacity at the level of the open position for one semester (elementary or secondary) within five years immediately prior to the elimination of his/her position; or,

 

      2.    An elementary teacher holding K‑8 licensure may teach in a specific discipline at grades 7 or 8, provided he/she shall have a minimum of eighteen semester hours of preparation at the college level, either undergraduate or graduate, in the subject field in which he/she is employed.

 

             While employed as a teacher in a specific discipline at grades 7 or 8 with K‑8 licensure and a minimum of eighteen semester hours credit, such educator will be transferred to the seniority list of the secondary discipline and will have the same rights, duties and contract obligations of any other member of that secondary discipline unless prohibited by the licensure requirements of the Massachusetts Department of Elementary & Secondary Education

 

             If more than one person is "qualified" for a position, the person with the greater seniority will prevail.  Each spring, those educators with professional teacher status in danger of being laid off and those on recall will be supplied with a list of the open positions.  The list will include the subject, discipline and licensure required.  Each educator will be given an opportunity to apply within twenty days for any such position to which he/she is entitled because he/she is "qualified" as defined above.  If a later opening occurs, each such educator will similarly be notified and given an opportunity to fill the position.

 

Section 3:  For purposes of this Article "disciplines" shall be:

 

1.  Grades Pre K-2  

Early Childhood

 

2.  Grades 1-6   

Elementary which also includes the pre K-2 people for grades 1&2. 

Pre K-2  names will appear with an asterisk.

 

3.  Grades 5 and 6

1-6 Elementary

5-8 Middle School

 

4.  Grades 7 and 8

5-8 middle school (general, covers ELA, Social Studies, Math & Science)

Middle level subject area licensure

English (5-8; 8-12)

Foreign language (with specific area) (preK-8; 5-12)

Math (5-8; 8-12)

Science – Biology, Chemistry, Earth Science, Physics, General Science

Technology/engineering (5-12)

Visual Art (pre K-8 or 5-12)

Phys Ed. (pre K – 8 or 5 – 12)

Guidance (preK-8 or 5-12)

Teacher of Students with Moderate Disabilities (preK-8 or 5-12)

ESL (preK-8 or 5-12)

Social Studies – History, Political Science (k-8; 5-12)

Humanities

 

5.  Grades 9-12

Individual list for each discipline as listed above.

English (5-8; 8-12)

Foreign language (with specific area) (5-12)

Math (8-12)

Science – Biology, Chemistry, Earth Science, Physics, (8-12)

Technology/engineering (5-12)

Visual Art (5-12)

Phys Ed. (5 – 12)

Guidance (5-12)

Teacher of Students with Moderate Disabilities (5-12)

ESL (5-12)

Social Studies – History, Political Science (5-12)

5-8 for 8th grade exclusively (with asterisk)

     

6.  All Levels (K-12)

Separate list for each:

Instructional Technology

Reading

Nurse

Psychologist

Social Worker/School Adjustment Counselor

Library

Family/Consumer Science

Music: Vocal/Instrumental/General

Specialist in Speech, Language and Hearing Disorders (All)

Supervisor/Director

           

For purposes of this section, total time in the Natick School System in months and days X/182 in the bargaining unit shall be used to compute an employee's length of service within any disciplines set forth above.  Effective September 1983, seniority is accumulated for part‑time teaching assignments in the same proportion as the fraction used to determine salary.  This condition is prospective in nature, and the seniority previously accumulated for part‑time teaching assignments will not be affected.  Educators transferring from one discipline to another will not suffer any loss of seniority rights previously accumulated.

 

Educators will hold seniority as above defined in the single discipline or disciplines in which they are teaching at the commencement of a given school year.  All educators who are teaching in more than one discipline will receive seniority in that discipline in which they are teaching the majority of their time.  Prior to September 1, 1981, time spent on any authorized leave of absence will not constitute a break and seniority will accumulate during such periods.  On or after September 1, 1981, time spent on any authorized unpaid leave of absence will not constitute a break and seniority will accumulate during such periods, up to one (1) year.

Seniority ties will be broken in accordance with the following procedures:

 

First Level:      By date of School Committee vote to hire or date of appointment by Superintendent, (whichever is applicable).

 

Second Level: For those staff members voted on the same day, seniority ties within the affected disciplines will be broken by lot within thirty (30) days from the first work day for educators hired after the effective date of ratification of this agreement by both parties.

 

The responsibility for conducting the tie breaking process will be that of the bargaining unit and the School Committee.

 

Section 4:  Except in unforeseen circumstances, educators who are to be affected by a reduction in staff will be notified by June 15 of the school year preceding the school year in which the reduction is to take place.

 

Section 5:  If subsequent vacancies occur or if new positions are added or old positions reinstated, which educators without professional teacher status on layoff previously performed, the educators without professional teacher status laid off within the prior twelve (12) months by the Natick School System under the foregoing provisions will be given consideration initially before other applicants are considered.

 

Educators with professional teacher status who are on layoff shall, for twelve (12) months after the effective date of the layoff, retain first preference to recall rights in the inverse order of layoff to positions from which they were laid off, or open positions for which they satisfy the qualifications for new hires in the Natick School System.  Notifications to professional teacher status educators shall have an effective date of August 31.

 

If a educator with professional teacher status is recalled under the provisions of the prior paragraph, previously accrued time in Natick will be credited for the purposes of determining placement on the salary schedule, and any previously unused sick leave shall be credited to the educator.

 

Section 6:  Educators released under the provisions of this article shall be given initial consideration on the substitute list if they choose to be so recorded.

 

Section 7:  If necessary to provide for continuity of coverage for health insurance payments for July and August shall be deducted from the final paycheck.

 

Section 8:  A list specifying the seniority of each member of the bargaining unit in the disciplines set forth in Section 2 will be prepared by the Committee and forwarded to the President of the Association within thirty (30) days following the execution of this Agreement.  An updated "seniority list" shall be supplied by the Committee annually thereafter.

 

Section 9:  If the School Committee determines that a reduction in the number of administrators employed is necessary or that a particular type of administrative service should be discontinued, it shall follow the provisions of Section 2 of this article so far as applicable.  For the purposes of this section, an administrator shall be considered to have professional teacher status if he/she has commenced a fourth (4th) year in the position.

 

In the event that an administrator is dismissed from a Unit B position, as a result of a reduction in force under this article, he/she will be placed on the seniority list of Unit A in the discipline in which he/she is qualified and licensed.

 

Placement on the seniority list will reflect total time in a professional capacity in the Natick School System.

 

Administrators laid off from an administrative position but not transferred to a teaching position shall be entitled to the same recall benefits as educators including recall to administrative positions for which they are qualified in accordance with the procedures set forth in Section 5.  Administrators laid off from an administrative position and transferred to a teaching position shall be entitled to the same recall benefits to the extent of notification and preference for administrative openings during the recall period as set forth for educators in Section 5.

 

ARTICLE XVII ‑ Course Vouchers

 

Such vouchers, which are the property of the Natick Public Schools, shall be distributed in accordance with the following priorities:

 

1.   To the staff member who has trained the practice teacher.

 

2.   If not used by the staff member who has trained the practice teacher, a list of available vouchers will be provided for staff members in the same department where the practice teacher has trained; and if not used in that department, to staff members in the same school.  In non‑departmental schools the list of available vouchers will be provided for staff members in the same school where the practice teacher trained.

 

3.   A list of all available vouchers will be published at the end of each semester by the Director of Human Resources and distributed to each principal for posting on the Faculty Bulletin Board; however, any educator who gave up a voucher will be given first choice of such available vouchers.

 

ARTICLE XVIII ‑ Sick Leave

 

Section 1:  Every professional employee of the Natick Public Schools shall be granted an annual leave of twelve and one half (12½) days without loss of pay for absence caused by illness or by injury.  Such leave not used in the year of service for which it is granted shall be accumulated for use in subsequent years without limitation.  Such leave not used prior to the termination of an employee's service shall lapse, and the employee shall not be entitled to any compensation in lieu thereof, except as provided under the terms of ARTICLE XIX.

 

Part-time educators shall be entitled to annual sick leave allowance and accumulation in the same proportion of such benefit for full-time educators as the part-time educator's work schedule is to a full-time educator's work schedule, e.g. part-time educators working one-half (1/2) the work day every day shall be entitled to twelve and one-half 12 1/2 half-days of sick leave allowance; part-time educators working three (3) full work days each week shall be entitled to three-fifths (3/5) of twelve and one-half (12 1/2) days of sick leave allowance.

 

Employees on payroll as of 10/4/94 shall be grandfathered under the current practice of counting one sick day as a full day for purposes of buyback, even if the educator only works half-days.  If a educator starts out as part-time and accumulates part-time days then moves to full-time, the accumulated part-time days will turn into full-time days for the purpose of sick leave but they will remain part-time for the purpose of sick leave buyback.  If a educator starts out as full-time and accumulates full-time days then moves to part-time, the accumulated full-time days will turn into part-time days for the purpose of sick leave but they will remain full-time for the purpose of buy-back.

 

Section 2:  Each September, twelve and one-half (12½) days of sick leave shall be added to the reserve of each person in actual service on or before October 1 of that school year.

 

Section 3:  A doctor's certificate may be required for personal illness of ten (10) or more consecutive school days.  If sick leave continues for more than ten days, a doctor’s certificate will be required every 30 calendar days thereafter.  Additionally, the employee will contact the Director of Human Resources or the Occupational Health Nurse on a monthly basis to advise as to their anticipated date of return.  If requested, a doctor’s certificate must be presented to the Superintendent's office before the employee returns to duty.  An employee who has been absent due to illness or injury for more than three weeks, should visit the occupational health nurse prior to returning to work, to review any accommodations necessary to ensure a successful return to work. If a medical certificate is not presented when requested, the medical exam and certificate shall be at School Committee expense by a physician chosen by the School Committee.  Under the provisions of the Family and Medical Leave Act, an employee who has completed one year of service is eligible for up to twelve (12) weeks of unpaid leave in any twelve (12) month period due to his or her illness or injury.

 

Section 4:  Bargaining unit members may use up to five (5) sick days “a school year” to care for a member of the immediate family.  Such days will be deducted from the employee’s sick leave accumulation.  Immediate family is defined as spouse, child, and parent.  As much notice as possible should be given to the principal and substitute coordinator if such days are to be taken.

 

Section 5: For purposes of the FMLA a year shall be the school year. Leave taken for reasons covered by the FMLA will be designated and recorded as such.

 

Section 6:  Sick Leave Bank

 

A Sick Leave Bank is established for use by members of the bargaining unit whose sick leave accumulation was exhausted through prolonged illness or accident.  The balance of days remaining at the end of the contract are transferred to the bank which is to remain in effect for the term of this agreement.

 

If the Sick Leave Bank is exhausted during the contract term, it shall be renewed by the contribution of one (1) additional sick leave day by each member of the unit covered by this Agreement from their annual days of sick leave.  To the extent that such additional day or days have not been used at the conclusion of the contract term, these days accumulate for the subsequent contract year, if the bank is renegotiated.

 

Each new bargaining unit member will contribute one (1) day to the Sick Leave Bank provided they are on the payroll on January 1 and shall not qualify for consideration of extended‑illness leave within the framework of the Sick Leave Bank before January 1 of their first year.

 

Section 7:  Sick Leave Bank days shall only be available after the employee has exhausted his/her entire personal sick leave, both annual and accumulated.

 

Section 8:  No days may be withdrawn from the Sick Leave Bank for use for any other illness other than prolonged illness or accident of the member of the unit.  Days may not be withdrawn to permit an individual to stay at home to care for a member of the family.

 

Section 9:  The Sick Leave Bank shall be administered by a committee of six (6) employees.  Three (3) members of the committee shall be designated by the Association and three (3) by the School Committee.  Each party shall notify the other of their representatives on the committee and any changes therein during the term of this Agreement.  There shall be no requirement on the part of the Employer to pay for sick leave withdrawn from the Bank unless authorized by a majority of the official committee.  The Sick Leave Bank committee shall determine the eligibility for members requesting leave from the bank and the amount of leave to be granted.  The following criteria shall be used by the Sick Leave Bank Committee in determining eligibility:

 

A.  For bargaining unit members with Professional Teacher Status, the initial grant shall not exceed fifteen (15) days. A first year educator (see Section 5, paragraph 2 above) may borrow up to a maximum of ten (10) days, a second year educator may borrow up to a maximum of  twenty (20) days and a third year educator may borrow up to a maximum of thirty (30) days.

 

B.  The Committee shall consider:

1.    Adequate medical evidence of serious illness;

2.    Prior utilization of all eligible sick leave;

3.    Propriety in the use of sick leave;

4.      Length of service in the Natick School System.

 

Section 10:  Upon completion of the initial fifteen (15) day period, additional entitlement may be extended by the Sick Leave Bank Committee in its discretion upon the demonstration of need by the applicant.

 

Section 11:  Any sick leave granted under this Article shall expire at the end of the applicable contract year for the individual involved.

 

Section 12:  The decision of the Sick Leave Bank committee with respect to eligibility and entitlement shall be final and binding and not subject to the grievance and arbitration provisions of this Agreement.

 

Section 13:  Records of the operation of the Sick Leave Bank shall be available for review by the Superintendent or his/her designee at any time, provided reasonable notice is given, but in no event less than once annually.

 

Section 14:  Employees who are allowed to withdraw leave from the Bank may be required to repay the days withdrawn at a rate of one-half (1/2) of their future sick leave allowance until all days used have been repaid.  If an employee leaves the service of the Employer for any reason other than death or disability retirement before he/she has fulfilled his/her repayment obligation, he/she shall recompense the Committee at a rate of one one-hundred-and-eighty-second (1/182) his/her annual pay for each day not repaid.  Such repayment shall be deducted from the employee's final paycheck. Upon recommendation of the committee and vote by the membership of the committee at a duly convened meeting, this provision for repayment may be waived.

 

ARTICLE XIX ‑ Sick Leave Buyback

 

Upon retirement, each employee shall be compensated with one day's pay for every four (4) days sick leave accumulated over 100 days, up to a maximum of twenty (20) days, at the then current salary rate.

 

Written notice of intent to retire should be submitted to the Superintendent of Schools before December 31 of the year preceding that in which the retirement will take place, in order to allow for inclusion of the costs of the buyback in the School Department budget, and insure payment during the final year of service.  In the event of the death of an employee who has accumulated over 100 days sick leave, payment of the buyback shall be paid to the employee's beneficiary or estate.

 

If notice is not given by December 31 and funds are not available in that fiscal year, payment will be deferred until the following July.

 

It is agreed that if any other bargaining unit in the town negotiates an improvement in the current Sick Leave Buyback formula, the parties will reopen the contract to negotiate on this issue.

 

ARTICLE XX ‑ Reimbursement for Injuries

 

Section 1:  Employees who are on Workers’ Compensation may, upon request, charge the difference between their compensation payments and their regular weekly salary against accumulated sick leave in accordance with the provisions of the Massachusetts General Laws Chapter 152, Section 69.  If a question exists as to whether an employee is entitled to compensation under the Workers’ Compensation Act, it is agreed that, pending resolution of said question, the employee may draw sick leave benefits.  As a condition for said benefits, the employee shall enter a written agreement with the School Committee, wherein he/she agrees to reimburse the School Committee for that portion of such payments as would be required by law in the event he/she receives Workers’ Compensation benefits for said period.

 

Section 2:  The Committee shall have the right to have such employees examined by a physician designated and paid by the Committee for the purpose of establishing the length of time during which the employee is temporarily disabled from performing his/her duties; and in the event that there is no adjudication of the disability period in the appropriate Worker’s Compensation proceeding, the opinion of said physician as to the disability period shall control.

 

ARTICLE XXI ‑ Extended Leave of Absence

 

Section 1:  A leave of absence, without pay, for any period of time not exceeding one (1) school year, may be granted by the Committee upon written request of any employee covered by this Agreement who has been employed a minimum of two (2) school years in the Natick Public Schools.

 

Applications for such leave must be for:

      (a)   Professional improvement (i.e. study within the individual's education field or exchange teaching), or

      (b)   Prolonged illness or recovery from injuries, or

      (c)   Entrance upon extended military service,

      (d)   Overseas teaching,

      (e)   Participation in "ACTION" (Peace Corps and Vista).

      (f)   Any other activity which would, in the opinion of the School Committee, is beneficial to the Natick Public Schools.

      (g)   Career Exploration Leave.

 

Section 2:

      (a)   Applications for an extended leave of absence without pay must state the specific reasons therefor and should be submitted, at the earliest possible date, to the employee's administrative superior who will endorse his/her recommendation thereon and forthwith forward it to the Superintendent of Schools.  Applications which are rejected will state the reasons therefor.  If the reason for the requested extended leave of absence is due to prolonged illness or recovery from injuries, the application shall be supported by a physician's license setting forth the nature of the illness or injury and that the absence is medically necessary; and in such case the Committee may require the employee to undergo a physical examination by a physician designated and paid by the Committee.

 

      (b)   Employees granted an extended leave of absence pursuant to this Article are expected to return to their employment in the Natick Public Schools and shall so notify the Superintendent not later than March 1; failure to do this will be considered as a resignation.  There shall be no impairment of annual increment and sick leave benefits during the period of an extended leave of absence granted by the Committee.

 

ARTICLE XXII ‑ Administrative Leave

 

Section 1:  Administrative Leave will be granted to professional staff members in accordance with the following schedule (http://natickps.org/Careers/documents/admin%20leave%20EAN.pdf):

                                                                                                DAYS

      Accident while in performance of duty                            Up to 5 no loss of pay to be repaid if

                                                                                                the absence is for more than 20 days

                                                                                                due to injury.

 

      College degree ‑ to receive at college                                1 no loss of pay

 

      Court Summons:

      Personal business                                                               no pay

      School business                                                                 no loss of pay

      Witness (by Subpoena)                                                      no loss of pay

      Court appearance in civil court in

      which the individual is a party to the suit                         no loss of pay

 

      Transfer of house                                                               no loss of pay

 

      Bereavement:

      Immediate family and anyone residing                             5 no loss of pay

      in same household with employee;                                    per incident

      an individual with whom the employee has a close personal relationship (equivalent to a family member). The final decision to approve leave based on the type of “close personal relationship” will not be subject to arbitration.”

 

      In the event of two deaths occurring within the immediate family within a school year, additional days may be issued by the Superintendent upon the recommendation of the Principal;

 

 Bereavement days must be consecutive immediately following or including the day of death, unless an exception is approved by the principal.

(Holidays, vacations, or suspended sessions shall be considered school days under this provision.)

 

      Funeral:

      Friend                                                                                 1 no loss of pay

     

      Niece, nephew, uncle, in-law, cousin,

      aunt, grandmother, grandfather, grandchild                     1 no loss of pay

      Retired educator (limited to Principal and 1 representative)    1 no loss of pay

      Educator (limited to principal and 3 educators)                1 no loss of pay

      In charge of funeral arrangements of a friend                   1 no loss of pay

 

      Graduation:

      member of immediate family

      including niece and nephew                                              1 no loss of pay

     

      Critical illness of immediate family, not

      exceeding five (5) school days in one (1) school year       5 no loss of pay

 

Critical illness which requires the

      hospitalization of educator's child, spouse or parent         5 no loss of pay

     

      Immediate family is defined as spouse, child, parents, parents of spouse, brothers and sisters of the employee.

 

      Critical illness means a life threatening condition, and may not be used for routine outpatient/day surgery or routine hospital stays where the relative’s life is not threatened.

 

      Critical illness of anyone (non-immediate family) living 3 no loss of pay

      in the same household as the employee, not exceeding

      three (3) school days in one (1) school year                     

     

Religious Holiday                                                                   1 no loss of pay subject to the following:  For any religious holiday there will be a maximum limit of 5% school wide combined Unit A and B members allowed to take such day based on the order of such requests received. Requests must be made by email to the principal copying the Director of Human Resources, beginning on the first contractual day of the school year for which it applies. No individual member of Unit A or B may take more than 1 of these days.”

 

 

      Ordination or entrance into religious orders:

      member of immediate family

      including niece and nephew                                              1 no loss of pay

     

Weddings:

      Own and immediate family                                               1 no loss of pay

an individual with whom the employee has a close personal relationship (equivalent to a family member)”. The final decision to approve leave based on the type of  “close personal relationship” will not be subject to arbitration.”

             1 no loss of pay

 

      Interview at college for admission of own child               1 no loss of pay

     

Parental leave                                                                          2 no loss of pay

      up to two days for the time a newly

      born or adopted child first joins the family

 

Immediate Family is defined as parent, spouse, child, parents of spouse, brothers, sisters, of the employee.

 

Section 2: The number of days of absence for purposes of the above-described Administrative Leave shall not normally exceed eight (8) school days in any school year, except in the event of unusual circumstances, the School Committee or their designee will have the right to extend the number of days for any specified reason.  In no case may absence for reasons enumerated as Administrative Leave be charged to Sick Leave.

 

Section 3:  In addition to the itemized Administrative Leave schedule above, one (1) day of personal leave may be granted for specific reasons including one's own marriage, which could not effectively be conducted outside of school hours.  Personal leave must be approved by the Principal, or in his/her absence the Vice Principal, and whenever possible, educators will give 72 hours notice to the principal and substitute coordinator (if a substitute is required) when planning to take an administrative or personal day.   Approval must be obtained prior to taking the day to ensure the day will be paid.  In no instance shall a personal leave be requested for the purpose of extending a holiday or a vacation.

 

Section 4:  A member who is required to serve as a juror shall be entitled to receive the difference between the amount the member received for jury duty and the member’s base salary for the first three (3) days of jury service.  During the period of jury service, the member must report for work when her/his services as a juror are not required.  Documentation must be provided to the Director of Human Resources indicating dates of service and compensation paid.  As much advance notice as possible shall be given to the building principal of the possibility of the educator’s absence for such duty.”

 

ARTICLE XXIII - Leave for Professional Activity

 

Section 1:  Any day on which an employee is engaged in an activity under the direction of the Committee shall not be regarded as an absence, provided such business has been cleared through the Superintendent's office, e.g. (1) visiting days to another school; (2) professional conventions, conferences or meetings; (3) speaking engagements involving education.

 

Section 2:  Educators and Administrators may be absent as representatives of the system to attend educational meetings and to serve in workshops, or committees, and as officers in state or national professional organizations without deduction of pay for a period determined by the Superintendent provided that prior approval has been secured from said Superintendent.

 

 

ARTICLE XXIV - Sabbatical Leave

 

Section 1:  The Sabbatical Leave Policy shall be as specified in Chapter 71, Sections 41A and 41B of the General Laws of Massachusetts.  "The school superintendent may grant a leave of absence for study or research to any educator, ...supervisor, director, school librarian, ...serving at discretion which would increase his professional ability, such leave to be for a period not exceeding one year at full or partial pay; provided, that prior to the granting of such leave he/she shall enter into a written agreement with the school committee that upon termination of such leave he/she will return to service in the public 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 city or town 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."

 

The Superintendent shall also grant to a educator who has been accepted to serve in the Peace Corps of the United States and who is currently in good standing ... a leave of absence for the term of such service (MGL Ch.71, S41B).

 

Section 2:  Sabbatical Leave is a leave of absence granted to employees by the Superintendent, and in his/her discretion, so that employees may engage in professional study or research for periods of one (1) full school year.  Such leaves are granted to improve the quality of teaching thus increasing the benefits accruing to students and to the community-at-large.

 

Section 3 (a):  To be eligible to make application for Sabbatical Leave, an employee must have a minimum of five (5) years of continuous employment in Natick in a position covered by this Agreement and must possess a masters degree, except that in extraordinary circumstances the masters degree requirement may be waived at the sole discretion of the Superintendent.

 

Employees may apply for such leave at any time after the completion of their first five (5) years of continuous employment.

 

Section 3 (b):  The Superintendent may, subject to the existing regulations contained elsewhere in this article, grant the following leaves of absence with pay:

 

             2 full years at 75% to 100% salary OR

             1 full year at 75% to 100% salary AND

             2 half years at 37.5% to 50% salary

             Mini-Sabbaticals at 100% salary

The monies granted within the above percent range will be determined by the Superintendent.

 

No more than one employee from a single department may be granted such leave at any particular time. An employee from any department will not be granted a Sabbatical Leave if the same department had an applicant granted Sabbatical Leave, the preceding year.

 

1.   The Superintendent may also grant "Mini-Sabbaticals" of varied times to a number of employees so that the total time of such "Mini-Sabbaticals" will not exceed one full year (180 days).

2.   To be eligible for a "Mini-Sabbatical" employee must have achieved professional teacher status in the Natick Public School System.  An employee may apply for a "Mini-Sabbatical" any time after achieving professional teacher status.

Any person requesting a Sabbatical Leave may seek the assistance of the EAN's P R & R Committee in suggesting the percentage to be negotiated.

 

Section 3 (b) (1):  All applications for a "Mini-Sabbatical" Leave must be filed with the Principal of the building, or in the case of specialists, their immediate supervisor.  The Principal, Assistant Principal, the Director of Human Resources and the Assistant Superintendent for Curriculum shall endorse it with their recommendations, and forward it to the Superintendent not later than ten (10) school days after the receipt of the "Mini-Sabbatical" application. (Where applicable, the review process will include Directors.)

 

The Superintendent will then endorse his/her recommendations, together with the reasons therefore and notify the applicant of his/her decision.

 

Section 3 (c):  All applications for Sabbatical Leave must be filed with the Principal of the building or, in the case of specialists, their immediate supervisor, not later than January 1 of the school year prior to that during which the leave is requested.  The Principal, Assistant Principal, the Director of Human Resources, and the Assistant Superintendent for Curriculum shall endorse it with their recommendations, and forward it to the Superintendent not later than February 1.  (Where appropriate, the process of review will include Directors.)

 

The Superintendent will then endorse his/her recommendations, together with the reasons therefore and will then notify the applicant of his/her decision not later than the last day of February.

 

Section 4:  In the event the number of applications received exceeds a total of three (3) in number, the applications will be evaluated upon the following factors:

 

      (a)  Education value of the proposed project to the Natick School System;

      (b)  The quality of past performance of the employee in the Natick School System;

      (c)  Length of service in the Natick School System.

 

Section 5:  Applicants for Sabbatical Leave shall, as a condition precedent to granting thereof, agree in writing to return to employment in the Natick Public Schools for a period equal to twice the length of the Sabbatical Leave commencing with the school year immediately following the termination of the Sabbatical Leave.  The applicant also shall sign a contract that, in the event the employee does not fulfill this obligation, he/she shall refund to the Town of Natick such proportion of the salary paid during the sabbatical period as the unexpired portion of such obligation shall bear to the said period unless for reasons totally beyond control of the educator involved by death or inability to perform his/her duties due to physical or mental incapacitation, then reimbursement shall not be required.

 

Money to be refunded to the Town of Natick may be paid in budgetary payments subject to mutual agreement of the individual and the Superintendent.

 

Section 6:  In addition to the salary set forth in Section b, all employees on a full year, half year, or "Mini-Sabbatical" will continue to receive all benefits such as professional teacher status, retirement, sick leave, Group Health and other insurance benefits.

 

ARTICLE XXV - Military Leave

 

Section 1:  Any employee covered by this Agreement who is a member of a state or national reserve component of the Armed Forces shall be entitled to a maximum of seventeen (17) days military leave to serve with said component during a school year so long as the employee furnishes to the Committee evidence that he/she is required to perform such duty during the school year.

 

Section 2:  The Committee shall pay to an employee on military leave an amount equal to the difference between his/her state or national reserve pay and his/her regular school salary in the event such state or national reserve pay is less than his/her regular school salary.

 

Section 3:  Whether or not an employee is entitled to compensation as provided in Section 2 of this Article, military leave shall not be charged against any other type of leave provided by the Committee or this Agreement.

 

ARTICLE XXVI - Maternity/Adoption Leave

 

Section 1:  Notice of Pregnancy

 

Section 1: Notice of Leave

Staff members should schedule a meeting with the Director of Human Resources by the beginning of the 7th month of pregnancy.  In the case of adoption, leave will commence for either parent when the child enters the home or when the adoption process (for example, travel requirements) makes an earlier beginning desirable. Adoptive parents will provide the employer with as much notice as possible when they are aware of the date of adoption.

 

Section 2Statutory Leave

A professional staff member who is pregnant may remain in her position until the conclusion of her pregnancy. Maternity leave begins for a professional staff member on the child's day of birth and continues for up to 56 consecutive calendar days (8 weeks) that include weekends, holidays, summer vacation days, and snow days. The professional staff member must notify the Director of Human Resources of her delivery date within two weeks following the birth. The professional staff member may use her own sick days to receive pay during her eight weeks of maternity leave and these days are deducted from her sick accumulation. She will also continue to receive all her normal health benefits.

 

If, for medical reasons, more than the 56 consecutive days (8 weeks) of sick leave are required, the professional staff member must provide the Director of Human Resources with medical documentation prior to the end of her original maternity leave. Those days of leave which are work days will be deducted from the professional staff member’s accumulated sick days.  In such a case, the professional staff member is still entitled to a full maternity leave as provided under the FMLA.  

 

A professional staff member may choose to take an 8 week leave as provided under MGL Ch 149, Section 105D or a 12 week leave provided for under the Family and Medical Leave Act of 1993 (FMLA).  * FMLA leave and the MGL Ch 149 maternity leave described above run concurrently. The professional staff member is not paid for any workdays that occur after 8 weeks from the date of delivery.  Sick leave, FMLA leave and MGL Ch 149 leave all run concurrently.  At the conclusion of her 12-week FMLA leave, she will also be responsible for paying to the town her share of health insurance, which would normally have been deducted from her paycheck. The professional staff member should contact the Benefits Coordinator (X6411) to arrange payment of any insurance amount due.

 

Professional staff members who utilize above-mentioned maternity leave(s) shall retain professional status and seniority rights, which would otherwise be theirs if they were actively employed in the system during that period, however, a staff member who is off payroll for more than 22 days will not receive PTS credit for that year (per the Fortunato decision). 

 

Section 3:  After one year of service as a member of this bargaining unit, an employee who adopts a child will be eligible for up to ten working days of paid leave to take care of obligations directly related to the adoption process (e.g. travel, appointments with attorneys, social workers, court dates).  Such paid leave will not be deducted from the employee’s sick leave.  The two weeks of leave may be taken prior to the day the child enters the home, and/or up to one year thereafter.  Part-time employees will be eligible for such leave on a pro-rata basis.

 

Section 4:  Extended Leave

 

In the event the member of the unit desires a leave without pay longer than the eight (8) weeks or twelve (12) weeks provided by statute, the procedure listed below shall be followed for a birth or adoption:

 

Adoption leaves shall begin as described in Section 2.

 

Such leaves in the case of an educator without professional teacher status will expire on the September 1 following the birth or for adoption the arrival at home, of the child (or on the subsequent September 1 if the birth or for adoption the arrival at home occurs after June 30).

In the case of an educator with professional teacher status such leave will expire on the September 1 of the first or second year following the birth of the child, or for adoption, the arrival at home.

 

Section 5:  Notice of Return

Professional staff members desiring to return by August of any school year shall notify the director of Human Resources in writing of such intent on or before the preceding March 1. Failure to comply with this requirement will be considered a resignation.

(* The Family Medical Leave Act (FMLA) requires employers to grant eligible employees up to twelve (12) weeks of unpaid leave per twelve (12) month period.)

 

Prior to returning, a doctor’s certificate of good health must be presented upon request.

 

Section 7:  Salary Advancement

 

Upon her return, the educator shall receive the normal salary increment, provided that s/he had completed at least 91 days at her/his present position. An educator who worked less than 91 days in the school year will not be eligible for such an increase.

 

He/she will be assigned to any school where a vacancy exists for which he/she is qualified and licensed. Every reasonable effort will be made to return the educator to his/her former or comparable position.

 

ARTICLE XXVII - Group Life Insurance

 

The Group Life Insurance coverage in existence on the effective date of this Agreement and described in the most current Staff Manual, and further described in the Town of Natick publication "Employees Group Insurance Plan," shall be continued throughout the term of this Agreement.  In the event that such coverage is changed by the Natick Town Meeting or a referendum vote, such change coverage shall be made available to the employees covered by this Agreement.

 

ARTICLE XXVIII - Group Health Insurance

 

The Group Health Insurance coverage in existence at the execution of this Agreement, and which is described in the most current Staff Manual, and further described in Town of Natick Publication entitled, "Employee's Group Insurance Plan," will be continued for the term of this Agreement.  In the event the Natick Town meeting changes such coverage or changes the insurance carrier during the existence of this Agreement, then such new coverage will be applicable to and effective for all employees covered by this Agreement.

 

Employees will transition to “rate –saver” plans, effective January 1, 2011.

 

The contribution level for the Family Plan will be 80% employer and 20% employee.

The contribution level for the Individual Plan will be 90% employer and 10% employee. There will be no increase in health insurance premium or co-payments for the duration of this Agreement.

 

Effective January 1, 2011, the Committee will establish a Health Reimbursement Account which will allow employees to submit claims for reimbursement for eligible medical expenses once a threshold has been reached.

 

Effective January 1, 2011, the Town will establish an “Excess Pool” of $100,000 that employees may access for reimbursement for eligible medical expenses incurred once they have reached the HRA cap.  The fund will be distributed on a proportional basis.

 

Effective January 1, 2011, the Town will provide a “Stop Loss” policy that will cover all employees enrolled in a Town health care plan.  This policy will cover all medical expenses in excess of $2,000 for those covered by individual plans and $4,000 for those covered by family plans.

 

Effective January 1, 2011, the Town will establish an opt-out incentive for current employees. 

 

The Town will pay the Flexible Spending Account administrative fee for all members to encourage them to take advantage of this pre-tax savings opportunity.

 

For further information, see Appendix B.

 

ARTICLE XXIX - Political Contributions

 

The School Committee accepts the provisions of G.L. c.180, Section 17I.  Employees may authorize the School Committee to deduct from their salary a contribution to Voice of Teachers for Education in an amount which the employee shall specify in writing.  The Committee will certify on the payroll the amount to be deducted by the treasurer.  Such amounts shall be transmitted to the VOTE NEA-PAC holding account within thirty days.

 

 

 

ARTICLE XXX - Educational Development

 

Section 1:  An Advisory Committee appointed by the EAN will confer with the Administration, a subcommittee of the School Committee for the purpose of making recommendations on all areas of education.  These conferences will be held on a bi-monthly basis except during summer vacation.

 

A Curriculum Committee will be established to advise the Assistant Superintendent for Curriculum, Instruction and Assessment on issues related to the planning and implementation of the district strategic plan.  One educator from each elementary school, 2 from each middle school, 3 from the high school, one special educator, one special subject teacher and one teacher from Alternative Ed/ELL will be selected by respective staff. Nominees and volunteers from each building or group will be placed on a ballot and the staff will vote on their representative to serve for a one or two year term.  At its first meeting, the Committee will determine which members will serve a two year term and which members will serve a one year term so that turnover at the end of each year is limited.

 

A Professional Development to advise Assistant Superintendent for Curriculum, Instruction and Assessment on issues related to professional development; mini university, outside professional development offerings and district release time. One teacher from each elementary school, 2 from each middle school, 3 from the high school, one special educator, one special subject teacher and one teacher from alternative ed/ELL will be selected by respective staff. Nominees and volunteers from each building or group will be placed on a ballot and the staff will vote on their representative to serve for a one or two year term.  At its first meeting, the Committee will determine which members will serve a two year term and which members will serve a one year term so that turnover at the end of each year is limited.

 

Meetings of the Curriculum Committee and the Professional Development Committee will be suspended for school years 2010-13.

 

ARTICLE XXXI - Communications

 

Section 1:  The School Committee agrees to provide the Association with the School Committee agenda prior to regular meetings.  The EAN will provide the School Committee with the agenda of meetings prior to the time at which they are held.

 

Section 2:  The School Committee agrees to inform the educators on various curriculum committees on curriculum decisions, and give reasons for such decisions.

 

ARTICLE XXXII – Job Sharing

 

The Natick School Committee and the EAN agree that the opportunity for job sharing exists in all schools and can be a beneficial arrangement for students, administrators and educators.

 

 

ARTICLE XXXIII - Amendment

 

Section 1:  This Agreement constitutes the entire Agreement between the parties and shall not be altered, amended or changed except in writing and shall be signed by both the School Committee and the Association, or their designees.  Any such changes shall be appended hereto and become a part hereof and shall be signed in a manner similar to this original Agreement.

 

ARTICLE XXXIV - Severability

 

Should any final decision of any court of competent jurisdiction affect any practice or provision of this Agreement, only the practice or provision so affected shall become null and void, otherwise, all other provisions or practices under this Agreement shall remain in full force and effect.

 

ARTICLE XXXV - Copies of Agreement

 

Section 1:  The Association will be given a clean copy of the signed Agreement.

 

Section 2:  Whenever it becomes necessary for any reason to furnish copies of this Agreement to any bargaining unit employee, the Association shall be responsible for preparation, reproduction and distribution of such copies, including the expenditure of all labor and costs for such purpose.

 

ARTICLE XXXVI - Duration

 

Section 1:  This Agreement shall become effective on August 27, 2012 and shall continue in effect until midnight of the day preceding the first educator day of the 2013-14 school year.

 

Section 2:  Negotiations for terms of an Agreement to be effective at midnight of the day preceding the first educator day of the 2013-14 school year shall start within two weeks after the exchange of proposals but in any event not later than  December 1 , 2012. 

 

Section 3:  None of the provisions contained in this Article shall prevent the parties by written agreement, from extending any portion or all of this Agreement (at any time after notice to terminate or modify is given) for any agreed-upon period beyond its expiration date.


IN WITNESS WHEREOF, the parties hereto have caused their names to be subscribed by their duly authorized officers and representatives on the thirteenth day of August, 2012.

 

SCHOOL COMMITTEE OF                                                 EDUCATION ASSOCIATION

NATICK, MASSACHUSETTS                                            OF NATICK

 

 

Dirk Coburn                                                                                   Mark Baranoff

 

 

Anne Zernicke                                                                         Ellen Brenneman

 

 

Anne Blanchard                                                                                                         

 

 

                                                                                                                                               

                                                                                               

 

                                                                                                      

 

 

 

 

 



APPENDIX A - Teacher and Caseload Educator Evaluation System

 

Table of Contents

(1)                        Purpose of Educator Evaluation

(2)                        Definitions

(3)                        Evidence Used in Evaluation

(4)                        Rubric

(5)                        Evaluation Cycle:  Training

(6)                        Evaluation Cycle:   Annual Orientation

(7)                        Evaluation Cycle:   Self-Assessment

(8)                        Evaluation Cycle:   Goal Setting and Educator Plan Development

(9)                        Evaluation Cycle :  Observation of Practice and Examination of Artifacts – Educators without PTS

(10)                    Evaluation Cycle:  Observation of Practice and Examination of Artifacts – Educators with PTS

(11)                    Observations

(12)                    Evaluation Cycle:  Formative Assessment

(13)                    Evaluation Cycle :  Formative Evaluation for Two-Year Self-Directed Plans Only

(14)                    Evaluation Cycle:  Summative Evaluation

(15)                    Educator Plans :  General

(16)                    Educator Plans:  Developing Educator Plan

(17)                    Educator Plans:  Self-Directed Growth Plan

(18)                    Educator Plans:  Directed Growth Plan

(19)                    Educator Plans:  Improvement Plan

(20)                    Timelines

(21)                    Career Advancement

(22)                    Rating Impact on Student Learning Growth

(23)                    Using Student feedback in Educator Evaluation

(24)                    Using Staff feedback in Educator Evaluation

(25)                    Transition from Existing Evaluation System

General Provisions

(1)           Purpose of Educator Evaluation

A)            This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. c.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system).  In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail.

B)            The regulatory purposes of evaluation are:

i)              To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01(2)(a);

ii)             To provide a record of facts and assessments for personnel decisions, 35.01(2)(b);

iii)            To ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and

iv)            To assure effective teaching and administrative leadership, 35.01(3).

(2)           Definitions (* indicates definition is generally based on 603 CMR 35.02)

A)            *Artifacts of Professional Practice: Products of an Educator’s work and student work samples that demonstrate the Educator’s knowledge and skills with respect to specific performance standards.

B)            Caseload Educator:  Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, school adjustment counselors, social workers, speech and language pathologists, and some reading specialists and special education teachers.

C)            Classroom teacher:  Educators who teach preK-12 whole classes, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes.

D)            Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).  

E)            *District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.

F)            *Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.

G)            *Educator Plan: The growth or improvement actions identified as part of each Educator’s evaluation. The type of plan is determined by the Educator’s career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans:

i)              Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment.

ii)             Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary. The first year of implementation all PTS teachers will be on a two year self-directed growth plan.

iii)            Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement.

iv)            Improvement Plan shall mean a plan developed by the Evaluator of at least 60 school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator’s unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year.

H)            *ESE:  The Massachusetts Department of Elementary and Secondary Education.

I)              *Evaluation:  The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the “formative evaluation” and “formative assessment”) and to assess total job effectiveness and make personnel decisions (the “summative evaluation”).

J)             *Evaluator: Any person designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings.

i)              Primary Evaluator shall be the person who determines the Educator’s performance ratings and evaluation.

ii)             Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator’s progress through formative assessments, evaluating the Educator’s progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

iii)            Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments.  In cases where there is no predominate assignment, the superintendent will determine who the primary evaluator will be.

iv)            Notification:  The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, if any, at the outset of each new evaluation cycle.  The Evaluator(s) may be changed upon notification in writing to the Educator.

K)            Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation.

L)             *Experienced Educator:  An educator with Professional Teacher Status (PTS).

M)           *Family: Includes students’ parents, legal guardians, foster parents, or primary caregivers.

N)            *Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one.  See section 13, below.

O)            *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

P)            *Goal: A specific, actionable, and measurable area of improvement as set forth in an Educator’s plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the same role.

Q)            *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.

R)            Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores.  This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

S)            *Observation:  A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration by the Evaluator and may include examination of artifacts of practice including student work.  An observation may occur in person or through video.  Video observations will be done openly and with knowledge of the Educator.  The parties agree to bargain the protocols of video observations should either party wish to adopt such practice.  Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.   Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator.  Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article. 

T)             Parties: The parties to this agreement are the Natick School Committee and The Education Association of Natick that represents the Educators covered by this agreement for purposes of collective bargaining.

U)            *Performance Rating: Describes the Educator’s performance on each performance standard and overall.  There shall be four performance ratings:

§  Exemplary: the Educator’s performance consistently and significantly exceeds the requirements of a standard or overall.  The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide.

§  Proficient: the Educator’s performance fully and consistently meets the requirements of a standard or overall.  Proficient practice is understood to be fully satisfactory.

§  Needs Improvement: the Educator’s performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

§  Unsatisfactory: the Educator’s performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator’s performance is consistently below the requirements of a standard or overall and is considered inadequate, or both.

V)            *Performance Standards: Locally developed standards and indicators pursuant to M.G.L. c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03.

W)           *Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L. c. 71, § 41.

X)            Rating of Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures.  The parties will negotiate the process for using state and district-determined measures to arrive at an Educator’s rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012.

Y)            Rating of Overall Educator Performance:  The Educator’s overall performance rating is based on the Evaluator’s  professional judgment and examination of evidence of the Educator’s performance against the four Performance Standards and the Educator’s attainment of goals set forth in the Educator Plan, as follows:

i)              Standard 1:  Curriculum, Planning and Assessment

ii)             Standard 2:  Teaching All Students

iii)            Standard 3:  Family and Community Engagement

iv)            Standard 4:  Professional Culture

v)             Attainment of Professional Practice Goal(s)

vi)            Attainment of Student Learning Goal(s)

To have an overall evaluation rating of proficient a teacher must:

·         be proficient on standards I and II and

·         be proficient on standards III or IV and

·         be at least needs improvement on the remaining standard

 

It is understood that in a case in which a teacher has a needs improvement on either standard III or IV that the principal may require the teacher to have their performance goal in that area. If that performance goal is not achieved by the end of year one then the evaluator may change the overall rating to needs improvement.

 

Z)            *Rubric:  A scoring tool that describes characteristics of practice or artifacts at different levels of performance.  The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of:

i)              Standards:  Describes broad categories of professional practice, including those required in 603 CMR 35.03

ii)             Indicators:  Describes aspects of each standard, including those required in 603 CMR 35.03

iii)            Elements:  Defines the individual components under each indicator

iv)            Descriptors:  Describes practice at four levels of performance for each element

AA)         *Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions.  The summative evaluation includes the Evaluator’s judgments of the Educator’s performance against Performance Standards, the Educator’s attainment of goals set forth in the Educator’s Plan and the Educator’s impact on student learning.

BB)         *Superintendent: The person employed by the school committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00.

CC)         *Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors, or school nurses.

DD)        *Trends in student learning: At least two years of data from the district-determined measures and state assessments used in determining the Educator’s rating on impact on student learning as high, moderate or low.


(3)           Evidence Used In Evaluation
The following categories of evidence shall be used in evaluating each Educator:

A)            Multiple measures of student learning, growth, and achievement, which shall include:

i)              Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)             At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide.  These measures may include:  portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.  One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least two years of data is required.

iii)            Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.

iv)            For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator’s contribution to student learning, growth, and achievement set by the district. The measures set by the district should be based on the Educator’s role and responsibility.

B)            Judgments based on observations and artifacts of practice including:

i)              Unannounced observations of practice of any duration.

ii)             Announced observation(s) for non-PTS Educators in their first year of practice in a school, Educators on Improvement Plans, and as determined by the Evaluator.

iii)            Examination of Educator work products.

iv)            Examination of student work samples.


C)            Evidence relevant to one or more Performance Standards, including but not limited to:

i)              Evidence compiled and presented by the Educator, including :

                                              I.                Evidence of fulfillment of professional responsibilities and growth such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;

                                             II.                Evidence of active outreach to and engagement with families;

ii)             Evidence of progress towards professional practice goal(s);

iii)            Evidence of progress toward student learning outcomes goal(s).

iv)         Student and Staff Feedback – see # 23-24, below; and

v)         Any other relevant evidence from any source that the Evaluator shares with the Educator.   Other relevant evidence could include information provided by other administrators such as the superintendent.

(4)           Rubric

The rubrics are a scoring tool used for the Educator’s self-assessment, the formative assessment, the formative evaluation and the summative evaluation.  

(5)           Evaluation Cycle:  Training

A)            Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the superintendent shall determine the type and quality of training based on guidance provided by ESE.

B)            By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal.  Any Educator hired after the November 1st date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE.

 

(6)           (6) Evaluation Cycle:  Annual Orientation

A)            At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

i)              Provide an overview of the evaluation process, including goal setting and the educator plans.

ii)             Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii)            The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year. 

 

(7)           Evaluation Cycle:  Self-Assessment

A)            Completing the Self-Assessment

 

                      i.        The evaluation cycle begins with the Educator completing and submitting to the Primary Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school.  In some circumstances the educator will be told to submit the self-assessment to the Supervising Evaluator.

                     ii.        The self-assessment includes:

                                              I.                An analysis of evidence of student learning, growth and achievement for students under the Educator’s responsibility. This item will go into effect with the self assessments completed for September 2013.

                                             II.                An assessment of practice against each of the four Performance Standards of effective practice using the district’s rubric.

                                            III.                Proposed goals to pursue:

(1st)        At least one goal directly related to improving the Educator’s own professional practice.

(2nd)      At least one goal directed related to improving student learning.

(3rd)       No teacher will be required to have more than two goals unless it is for an area that needs improvement

B)            Proposing the goals

i)              Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals.  Evaluators may participate in such meetings.

ii)             For Educators in their first year of practice in teaching (not just in Natick), the Evaluator or his/her designee will meet with each Educator by October 1st (or within four weeks of the Educator’s first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

iii)            Unless the Evaluator indicates that an Educator in his/her  second or  third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals.

iv)            For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)             For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals.

 

(8)           Evaluation Cycle: Goal Setting and Development of the Educator Plan

A)            Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning.  The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress.  Goals may be developed by individual Educators, by teams, departments, or groups of Educators who have the similar roles and/or responsibilities and approved by the evaluator.  See Sections 15-19 for more on Educator Plans.

B)            The goal directly related to improving the Educator’s own professional practice will based on

·         The self assessment completed by the Educator

·         The previous evaluation by the evaluator

The goal directly related to improving student learning will be based on Impact on student learning, growth and achievement. The process for determining the Educator’s impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter. See #22, below.

C)            Educator Plan Development Meetings shall be conducted as follows:

i)              Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan.  Educators shall not be expected to meet during the summer hiatus.

ii)             For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six weeks of the start of their assignment in that school

iii)            The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement.  In addition, the goals may address shared grade level or subject matter goals.

D)            The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator’s signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator’s Plan.

(9)           Evaluation Cycle:  Observation of Practice and Examination of Artifacts – Educators without PTS

A)            In the first year of practice or first year assigned to a school:

i)              The Educator shall have at least one announced observation during the school year using the protocol described in section 11B, below.

ii)             The Educator shall have at least four unannounced observations during the school year.

B)            In their second of practice or second year as a non-PTS Educator in the school:

                              I.                The Educator shall have at least one announced partial classroom visitation during the school year. The pre-conference will be at the option of the evaluator. The teacher can be required to provide a lesson plan or , the Educator may  inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance

ii)             The Educator shall have at least three unannounced observations during the school year.

C)            In their third years of practice third years as a non-PTS Educator in the school:

i)              The Educator shall have at least three unannounced observations during the school year.

 

(10)         Evaluation Cycle:  Observation of Practice and Examination of Artifacts – Educators with PTS

A)            The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the two year evaluation cycle.

B)            The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations.

C)            The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation.  The number and frequency of the observations shall be determined by the Evaluator, but in no case, for improvement plans of one year, shall there be fewer than one announced and four unannounced observations. For Improvement Plans of six months or fewer, there must be no fewer than one announced and two unannounced observations.

 

(11)         Observations

The Evaluator’s first observation of the Educators on a one year cycle should take place by December 1.  Observations required by the Educator Plan should be completed by May 15th.  The Evaluator may conduct additional observations after this date.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation.


A)            Unannounced Observations

i)              Unannounced observations may be in the form of partial or full-period classroom visitations or any other means deemed useful by the Evaluator, principal, superintendent or other administrator.

ii)             The Educator will be provided with written feedback in the agreed upon format from the Evaluator within 5 school days of the observation.  The written feedback shall be delivered to the Educator in person, by email, placed in the Educator’s mailbox or mailed to the Educator’s home.

iii)            Any observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one observation of at least 30 minutes in duration within 30 school days.

B)            Announced Observations

i)              All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least one Announced Observation.

a)             The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation. The evaluator will provide the teacher with at least two school days notice of the date and time of the announced observation.

b)            Within 5 school days of the scheduled observation, upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference. In lieu of a meeting, the Educator may  inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance

(1st)        The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

(2nd)      The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled observation. The observation will be rescheduled with the Educator as soon as reasonably practical.


c)             Within 5 school days of the observation, the Evaluator and Educator shall meet for a post-observation conference.  This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

d)            The Evaluator shall provide the Educator with written feedback using the agreed upon format within 5 school days of the post-observation conference.  For any standard where the Educator’s practice was found to be unsatisfactory or needs improvement, the feedback must:

(1st)        Describe the basis for the Evaluator’s judgment.

(2nd)      Describe actions the Educator should take to improve his/her performance.

(3rd)       Identify support and/or resources the Educator may use in his/her improvement.

(4th)        State that the Educator is responsible for addressing the need for improvement.

 

(12)         Evaluation Cycle:  Formative Assessment 

A)            A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement.  Evaluators are expected to make frequent unannounced visits to classrooms.  Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice.

B)            Formative Assessment may be ongoing throughout the evaluation cycle but the Formative Assessment report will be completed no later than February 1.  For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report which will be completed no later than June 1.  See section 13, below.

C)            The Formative Assessment or Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both.

D)            The evaluator will provide the teacher with three weeks notice of the Formative Assessment report date.  No less than two weeks before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of  family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator’s performances against the four Performance Standards.

E)            Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report.

F)            The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator’s school mailbox or home.

G)            The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report.

H)            The Educator shall sign the Formative Assessment report within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)              As a result of the Formative Assessment Report, the Evaluator may change the planned activities in the Educator Plan.

J)             If the rating in the Formative Assessment report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.  The evaluator will produce the plan and meet with the educator to review the plan within 10 school days of having provided the educator with the formative assessment.

(13)         Evaluation Cycle:  Formative Evaluation for Two Year Self-Directed Plans Only

A)            Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report near the end of the first year of the two year cycle.  The Educator’s performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating. The evaluator will produce the plan and meet with the educator to review the plan within 10 school days of having provided the educator with the formative assessment.

B)            The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)            The evaluator will provide the teacher with three weeks notice of the Formative Evaluation report date.  No less than two weeks before the due date for the Formative Evaluation report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of  family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator’s performances against the four Performance Standards.

D)            The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator’s school mailbox or home.

E)            Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report.

F)            The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report.

G)            The Educator shall sign the Formative Evaluation report within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

H)            As a result of the Formative Evaluation report, the Evaluator may change the planned activities in the Educator Plan. 

(14)         Evaluation Cycle:  Summative Evaluation

A)            The evaluation cycle concludes with a summative evaluation report.  For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by May 15th except in cases in which the educator’s plan changed following the formative assessment or evaluation.

B)            The Evaluator determines a rating on each standard and an overall rating based on the Evaluator’s professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals. 

C)            The professional judgment of the primary evaluator shall determine the overall summative rating that the Educator receives consistent with item Y in the definitions.

D)            For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluator’s supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator’s rating. In cases where the superintendent serves as the primary evaluator, the superintendent’s decision on the rating shall not be subject to review.

E)            The summative evaluation rating must be based on evidence from multiple categories of evidence.  MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)            To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards of Effective Teaching Practice.

G)            The evaluator will provide the teacher with three weeks notice of the Summative Evaluation report date.  No less than four weeks before the due date for the Summative Evaluation report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of  family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator’s performances against the four Performance Standards.

H)            The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth. 

 

I)              The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email or to the Educator’s school mailbox or home no later than May 15th .

J)             The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June 1st.

K)            The Evaluator will meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th.

L)             Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

M)           The Educator shall sign the final Summative Evaluation report by June 15th. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

N)            The Educator shall have the right to respond in writing to the summative evaluation by June 15 which shall become part of the final Summative Evaluation report.

O)            A copy of the signed final Summative Evaluation report shall be filed in the Educator’s personnel file.

(15)         Educator Plans – General

A)            Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)            The Educator Plan shall include, but is not limited to (subject to item 7 A ii b 3rd):

i)              At least one goal related to improvement of practice tied to one or more Performance Standards;

ii)             At least one goal for the improvement the learning, growth and achievement of the students under the Educator’s responsibility;

iii)            An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of achieving  the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district.  Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

C)            It is the Educator’s responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.

(16)         Educator Plans:  Developing Educator Plan

A)            The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new position or a new school.

B)            The Educator shall be evaluated at least annually.

 

(17)         Educator Plans:  Self-Directed Growth Plan

A)            A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high.  A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

B)            A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low.  In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

 

(18)         Educator Plans:  Directed Growth Plan

A)            A Directed Growth Plan is for those Educators with PTS whose overall rating is needs improvement.

B)            The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator.

C)            The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 10th .

D)            For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

E)            For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle.

(19)         Educator Plans:  Improvement Plan

A)            An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)            The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 60 school days and no more than one school year.  In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

C)            The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan.

D)            An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions). The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan.  The primary evaluator may be the Supervising Evaluator.

E)            The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)            The Improvement Plan process shall include:

i)              Within ten school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan.  The Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator. 

ii)             The Educator may request that a representative(s) of the Education Association of Natick attend the meeting(s). A support team may consist of the building principal or vice-principal, the department head (if applicable), one or two association representatives.

iii)            If the Education consents, the Educator Association of the Natick will be informed that an Educator has been placed on an Improvement Plan.

G)            The Improvement Plan shall:

i)              Define the improvement goals directly related to the performance standard(s) and/or student learning outcomes that must be improved;

ii)             Describe the activities and work products the Educator must complete as a means of improving performance;

iii)            Describe the assistance that the district will make available to the Educator;

iv)            Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)             Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s);

vi)            Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and (see F 2)

vii)           Include the signatures of the Educator and Supervising Evaluator.

 

H)            A copy of the signed Plan shall be provided to the Educator. The Educator’s signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)              Decision on the Educator’s status at the conclusion of the Improvement Plan.

i)              All determinations below must be made no later than June 1 or the conclusion date of the plan.  One of three decisions must be made at the conclusion of the Improvement Plan:

                                              I.                If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a Self-Directed Growth Plan.

                                             II.                In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

                                            III.                In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

                                           IV.                If the Evaluator determines that the Educator’s practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.
20.        Timelines (Dates in italics are provided as guidance)

Activity:

Completed By:

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process

September 15

Evaluator meets with first-year educators to assist in self-assessment and goal setting process

Educator submits self-assessment and proposed goals

October 1

Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator Plan may be established at Summative Evaluation Report meeting in prior school year)

October 15

Evaluator completes Educator Plans

November 1

Evaluator completes first observation of educators on a one year cycle

 December 1

Evaluator provides educator notice of Formative Assessment Report date

* Three weeks before Formative Assessment Report date

January 11*

Educator provides to the evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals.,

*Two weeks before Formative Assessment Report date established by Evaluator

January 18*

Evaluator should complete mid-cycle Formative Assessment Report

February 1

Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator

February 15

Evaluator provides educator notice of Summative Assessment Report date

* Four weeks before Summative Assessment Report date

April 17*

Educator provides to the evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals.,

*Three weeks before Summative Assessment Report date established by Evaluator

April 24*

Evaluator provides educator notice of Formative Evaluation Report date

* Three weeks before Formative Report date

May 11*

Evaluator completes Summative Evaluation Report

May 15

Evaluator completes observations required by the Educator Plan

May 15

Educator provides to the evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals.,

*Two weeks before Formative Assessment Report date established by Evaluator

May 18*

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory

June 1

Evaluator completes Formative Evaluation Report

June 1

Evaluator meets with Educators whose overall Summative Evaluation ratings are Proficient or Exemplary at request of Evaluator or Educator

June 10

Educator signs Summative Evaluation Report and adds response, if any, within 5 school days of receipt

June 15

 

A)            Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

 

B)            Educators on Plans of Less than One Year

 

i)              The timeline for educators on Plans of less than one year will be established in the Educator Plan.

 

 


21.        Career Advancement

A)         In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal’s decision is subject to review and approval by the superintendent.

1.                              B)        In order to qualify to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two cycle. Teacher leader positions are defined as Unit B position, elementary instructional leaders, curriculum specialists, team leaders, student services instructional leaders, mentors, mentor coordinators.

C)         Educators with PTS whose summative performance rating is exemplary and, after 2013-14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

 

22.        Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

 

23.        Using Student feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

 

24.        Using Staff feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter. 

 

25.        Transition from Existing Evaluation System

A)         The parties agree that 50% or more of Educators in the district will be evaluated under the new procedures at the outset of this Agreement. This group will include teachers without professional teacher status, teachers who were in years II and IV of the previous evaluation system during 2011-2012, and PTS teachers in years I or III whose final rating is below “Met or surpassed.” It is understood that principals may need to adjust the evaluation loads to create balance. The principals will consider seniority when making those decisions.

B)        Any professional teacher status teacher who had a satisfactory evaluation on their previous evaluation will be on a two year self directed growth plan.  

C)         The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1).

 

26.        General Provisions

A.    Only Educators who are licensed may serve as primary evaluators of Educators.

B.    Evaluators shall not make negative comments about the Educator’s performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene.  Nothing in this paragraph is intended to limit an administrator’s ability to investigate a complaint, or secure assistance to support an Educator.

C.    The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement.

D.    Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator’s supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator’s supervisor must meet with the Educator.  The Evaluator may attend any such meeting at the discretion of the superintendent.

E.    The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

Violations of this article are subject to the grievance and arbitration procedures.

 

 

 

 

 

 

 

 

 

 

APPENDIX B

 

Employees will transition to rate –saver plan, effective January 1, 2011.

 

The contribution level for the Family Plan will be 80% employer and 20% employee.

The contribution level for the Individual plan will be 90% employer and 10% employee.

 

Effective January 1, 2011, the Committee will establish a Health Reimbursement Account which will allow employees to submit claims for reimbursement for eligible medical expenses once a threshold has been reached.

 

Only qualified expenses incurred on or after January 1, 2011 may be submitted for reimbursement

 

Eligible expenses for reimbursement will be co-pays for the following services:

The Committee will also include in this list all other expenses that are legally reimbursable by a tax-free HRA.

 

Individual and Family Plan HRA thresholds will be determined by the amount of premium savings incurred by switching to the Rate Saver plan.

 

Individual Plan HRA annual reimbursement cap: $250*

Family Plan HRA annual reimbursement cap: $500*

* This annual amount will be pro-rated in year 1.

 

Requests for reimbursement from the HRA must be submitted to the Town’s Third Party Processor within the designated time period.  Such requests must be accompanied by the following documentation: HRA Reimbursement Request Form and hard copy receipts indicating both proof of payment and date of service.  Employees should retain copies of all receipts as they may be asked to provide supplemental documentation by the Third Party Processor to clarify both proof of payment and service date. No reimbursements will be made without a hard copy receipt indicating proof of payment.

 

An HRA is an account funded by the employer to provide tax-free reimbursement to participating employees for uninsured out-of-pocket medical care expenses (e.g. copays for office visits, emergency room visits, in-patient hospitalization, day surgery, prescription drugs) up to a maximum reimbursement amount that is fixed at the beginning of the year.  The Committee acknowledges that a change to Rate Savers without the provision of HRA will increase annual health care costs for some employees. It is also true that many employees will spend less on health care costs by switching to Rate Savers.

 

First it will be determined how much an employee’s annual premium savings will be under rate savers.  This amount will become the eligibility threshold for accessing the HRA.  For example, if you have family coverage and switch from Harvard Pilgrim EPO to the Harvard Pilgrim rate saver, you will save $1,266 in premium payments.  Once you have spent $1,266 in copays over the year, you will collect all your receipts and submit them to our third party administrator for reimbursement of all future eligible costs for the remainder of that fiscal year. Your reimbursable amount will be capped at an amount specified in the contract.  Access to these tax-free funds will result in no increased cost to the vast majority of employees.  If your copays do not exceed $1,266, you will actually realize a savings that year.

 

Effective January 1, 2011, the Town will establish an “Excess Pool” of $100,000 that employees may access for reimbursement for eligible medical expenses incurred once they have reached the HRA cap.  The fund will be distributed on a proportional basis.

 

Effective January 1, 2011, the Town will purchase a “Stop Loss” policy that will cover all employees enrolled in a Town health care plan.  This policy will cover all medical expenses in excess of $2,000 for those covered by individual plans and $4,000 for those covered by family plans.

 

Effective January 1, 2011, establish an opt-out incentive for current employees.  Individuals who have participated in a Town of Natick health insurance plan for at least the last two years (or one year if only employed for one year), will receive a one-time payment of $750 for opting out effective 7/1/11 and remaining out through 6/30/12.  Employees with family coverage who have participated in a Town of Natick health insurance plan for at least the last two years (or one year if only employed for one year), will receive a one-time payment of $1,500 for opting out effective 7/1/11 and remaining out through 6/30/12.  The Committee will pay the opt-out benefit in a lump sum in July of the following fiscal year provided the employee has remained out for the full period.  (Note that this payment is taxable.)  A current family subscriber who opts into an individual plan will be eligible for an incentive payment of $750, subject to the same conditions stated above.

 

 Employees who opt out effective January 1, 2011 and remain out until June 30, 2011 will receive a pro-rated incentive payment in July 2011. 

 

NOTE:  Employees who opt out effective January 1, 2011 and remain out until June 30, 2012 will receive both incentive payments.

 

Should an employee opt out after January 1 and before May 30, 2011, or after July 1 and before May 30, 2012, s/he will be eligible for a pro-rated opt-out payment (total incentive payment divided by 12 months multiplied by the number of months off a Natick insurance plan) the following July


Natick Public Schools

Health and Safety Concern Reporting Form

 

STEP 1: This concern has been reported verbally to my immediate supervisor.

 

                                                            __________________________________

Signature/Date

STEP 2: 

Name: ______________________________________________________________________________

 

Location [School] and exact location of concern: ______________________________________________________________________________________________________________________________________________________________________________

 

Nature of safety concern: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

______________________________

Signature/Date

 

STEP 3:

Action taken by Principal or reason no action taken (documentation/explanation due to educator within 10 days):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

______________________________

Signature of Principal/Date

 

STEP 4:

Action taken by Director of Buildings and Maintenance, or reasons why no action taken (documentation/explanation due to principal/educator within 10 days):

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

______________________________

Signature of Dir. Buildings & Maintenance/Date

 

 

STEP 5:

Recommendation of Health and Safety Committee:

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

______________________________

                                                                                                Signature of Chairperson/Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SIDE LETTER:  School Councils

 

TO THE COLLECTIVE BARGAINING AGREEMENT

BETWEEN

THE NATICK SCHOOL COMMITTEE

AND