New Salem-Wendell

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DistrictNew Salem-Wendell
Shared Contract District
Org Code7280000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency UnionUnion 28 Erving Leverett New-Salem Shutesbury
Regional HS MembersRalph Mahar
Vocational HS Members
CountyFranklin
ESE RegionPioneer Valley
Urban
Kind of Communityrural economic centers
Number of Schools1
Enrollment144
Percent Low Income Students37
Grade StartPK or K
Grade End6
download pdf version of this document view accessible version of this document New Salem - Wendell

AGREEMENT BETWEEN

THE NEW SALEM/WENDELL SCHOOL COMMITTEE

AND THE SWIFT RIVER EDUCATION ASSOCIATION

JULY 1, 2011 - JUNE 30, 2013

AGREEMENT BETWEEN THE NEW SALEM/WENDELL SCHOOL COMMITTEE

AND

THE SWIFT RIVER EDUCATION ASSOCIATION

Pursuant to the provision of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, this contract is made this twentieth day of June, 2011 by the NEW SALEM/WENDELL UNION SCHOOL COMMITTEE (hereinafter sometimes referred to as the Committee) and the SWIFT RIVER EDUCATION ASSOCIATION (hereinafter sometimes referred to as the Association), an affiliate of the Massachusetts Teachers Association and the National Education Association.

PREAMBLE

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of New Salem and Wendell and recognizing also our responsibilities to the citizens of New Salem and Wendell, we the undersigned parties to this contract declare that the following principles, procedures, terms and conditions of employment are hereby adopted:

That fair and appropriate treatment of employees by the School Committee; full and faithful adherence to this contract by both the School Committee and the professional employees individually and collectively; and the pursuit of excellence, the provision of the highest quality, effective instruction and exemplary professional conduct by the professional employees individually and collectively are required for our school.

That fulfillment of these respective responsibilities can be facilitated and supported by a cooperative relationship in the enforcement of policies, procedures, regulations and standards that exist in association with this agreement and those policies which relate to conditions of employment for the professional staff and the care and instruction of children. Therefore, this agreement precludes strikes, work stoppages, or work slowdowns on the part of the professional staff, either collectively or individually and it precludes the exercise of the School Committee's authority in a manner which is capricious, arbitrary, or intended solely for the purpose of harming professional employees, either individuals or the collectivity.

That harmonious relations between the Committee and the Association are important in carrying out our responsibilities to the citizens and children of New Salem and Wendell and that harmonious relations will be best achieved when the responsibilities and authority of each party to this Contract is understood by all, and when there is opportunity for the free exchange of views among the staff, between the staff, the Principal, the Superintendent, and the School Committee in all of the areas that affect the education of children.

ARTICLE I RECOGNITION OF BARGAINING AGENT

For the purposes of collective bargaining with respect to wages, hours, other conditions of employment, the negotiation of collective bargaining agreements, and the resolution of any questions arising there under, the Committee recognizes the Association as the exclusive bargaining agent and representative of:

all teachers, nurses, school psychologists, and professional employees not required to supervise or manage other members of the bargaining unit.

ARTICLE 2 COMMITTEE RIGHTS

Except as expressly modified or restricted by a specific provision of the Agreement and except, if considered a mandatory subject of collective bargaining under the Massachusetts General Laws, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Committee, the Superintendent, and/or the Principal; including, but not limited to the right to hire, assign and transfer employees, to direct the work of employees, to determine the number of employees, to set the standards of effectiveness, to determine the personnel, methods, means, and facilities by which operations are conducted, to discipline employees, to use independent contractors or consultants subject to any statutory collective bargaining obligations; to expand, reduce, alter, combine, transfer, assign or cease any position, program, operation, or service; to provide and set supplemental compensation or employment for services outside the contractually agreed upon work day and/or work year; to maintain the efficiency of operations; to control and regulate the use of equipment, methods, or materials; to issue, amend, and revise policies, rules, regulations, and practices; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the committee and to direct the committee's employees.

ARTICLE 3 DURATION

This contract shall be effective as of July 1, 2011 and shall continue in force until June 30, 2013.

ARTICLE 4 NEGOTIATION FOR SUCCESSOR AGREEMENT

If a successor agreement is not reached before the expiration date of the existing contract, the existing contract shall remain until a successor agreement is reached or until one hundred twenty days after notice of termination is given by either party.

ARTICLE 5 PAYROLL DEDUCTIONS

The Committee shall certify to the District Treasurer payroll deductions for a minimum of the following:

Payment of dues directly to the Massachusetts Teachers Association;

Direct bank deposits to not more than three (3) accounts to a bank of the employee's choice;

Tax sheltered annuities or their equivalent.

ARTICLE 6 THE WORK YEAR FOR TEACHERS

The work year for employees covered by this contract shall end no later than June 30 and shall not exceed a total of 185 days except that new personnel may be required to attend orientation sessions prior to the start of the work year.

The work year shall begin no earlier than the Monday before Labor Day except that the School Committee may establish an earlier start to the work year in order to respond to State or Federal Government encouragement or financial incentives for doing so and provided that the starting date is set and communicated to the Association at least 120 days in advance of said starting date. As an additional exception, when school starts prior to Labor Day, by the prior June 1st each team and the principal will set up a day during the summer to meet which will constitute one of the required professional days be contract. Any team unable to mutually agree to a summer date will be required to meet on the Friday prior to the Monday prior to Labor Day.

The Committee will strive to provide:

1.     The equivalent of one (1) duty-free and meeting-free day for teacher preparation prior to the start of the school year for students;

2.        The equivalent of one (1) duty-free and meeting-free day for completion of routine school obligations after the school year ends for students;

3.    Time during the school year to facilitate on site consultations between teachers and support staff charged with the responsibility of student assessments and individual education plans.

Employees required to work outside of the work year outlined above shall be compensated at a per diem rate of 1/185th of their annual salary. Nothing in this article shall prevent the School Committee from hiring employees outside the work year at a different rate to work on special projects for which they have voluntarily applied.

ARTICLE 7 THE SCHOOL DAY FOR TEACHERS

The parties recognize that full-time teachers work in excess of forty (40) hours in a full week.     A portion of that time, however, is away from school and not during conventional working hours. The purpose of this provision is to define the in-school working hours of the teachers.

Every work day, teachers must be in school between 8:15 am and 3:30 pm and will strive to be in school no later than 8:05 am. Every school day morning, teachers must be available to work with children at 8:20 am. The committee recognizes that teachers commit a substantial portion of their time to work at school after 3:30 pm at tasks that are a product of their own direction or at work developed independently as a result of the nature of their work. However, teachers may also be required to be at the school site or elsewhere after 3:30 pm or before 8:05 am under the direction of the School Committee or its representatives for work the employer believes to be of sufficient importance and/or sufficient urgency to require that attention. So long as it is practical, teachers will be consulted about the scheduling of these requirements.

These requirements will not be so frequent as to be unreasonable. However, they will be sufficient to achieve the provision of the highest quality, effective instruction, school programming, and school-community relations.

1.      Unless urgent matters require their attention, teachers may leave school at 3:15 pm on Fridays and the day before a holiday or vacation period and as soon as is reasonably possible after children leave school on the Wednesday before Thanksgiving and on a day children are sent home early because of dangerous conditions.

2.      Special Education team meetings will occasionally be scheduled to begin in late afternoon or at 8:00 am, but generally speaking, meetings will be scheduled during the school day or immediately after student dismissal will generally not be scheduled with the intention that they last beyond 4:15 pm. A reasonable effort will be made to balance the number of meetings held during the school day against those held at 3:15 pm. However, the primary consideration in scheduling meetings and conferences will be the need to provide satisfactorily for the instruction of children.

3.      Parent/teacher conference dates, if scheduled, are formalized and entered on the school calendar. Conferences will be scheduled from 1:00 pm - 4:00 pm on three of the four conference days twice per year and for up to five hours beginning at 1:00 pm and concluding at 8:00 pm on a fourth day.

A reasonable effort will be made to provide:

1.   A duty free lunch period of at least twenty-five (25) consecutive minutes;

2.     A non-teaching professional period for classroom teachers between twenty (20) and thirty (30) consecutive minutes and non-teaching professional time for other teachers and professionals between (20) and thirty (30) minutes;

3.   Alternatives to daily teacher supervision of student breakfast.

Unless released time has an adverse effect on the school district meeting state-mandated school time requirements, released time for 1:00 pm - 3:30 pm one day per week will continue to be available for curriculum and professional development for the duration of this agreement.

Teachers will be notified as soon as possible of their teaching assignment and room location for the following September. Teachers will be consulted about changes in their assignments.

ARTICLE 8 PROTECTIONS FOR TEACHERS

No teacher with professional status shall be dismissed or suspended without pay except with just cause. Teachers may only be disciplined, reduced in rank or compensation, denied an increment, suspended with or without pay, or dismissed if such action is reasonable, fair, and honest and not arbitrary or irrational. Acts of the School Committee or administration in this regard must be consistent with current laws and regulations (e.g. M.G.L., c.71, s.42 and 42D).

The Committee will not discriminate against teachers on account of race, religion, creed, color, national origin, sex, marital status, age, mental or physical disability, sexual orientation, or teacher association activity except in so far as permitted by state and federal statutes. Violations of this paragraph of the agreement are not subject to arbitration.

Employees will have the right to review the contents of their personnel files. An individual's file will be made available at the Superintendent's Office for review within two business day of a request for review. Employees will have the right to submit written responses to any material in that file. Such responses will be included in the personnel file. This review will be done in the presence of the Superintendent or his/her Central Office designee.

If a written or serious complaint is made to the administration or committee then the district will make reasonable efforts to inform the teacher of those complaints within three working days of those receipts. A serious complaint is a complaint which, if true, would be a basis for discipline.

If a signed complaint by a parent, student, or other person about a teacher is to be used in an evaluation or otherwise inserted in the teacher's personnel file, the teacher will be previously informed of the intent to use that complaint. A complaint may be included in a teacher's personnel file only if, in the evaluator's professional judgment, the complaint has a reasonable basis. An anonymous complaint may be included in a teacher's personnel file only if the evaluator determines that there is credible evidence for the complaint. In all cases, a teacher may file a statement to be attached to the complaint. When a complaint or concern is received about a teacher's professional conduct, the School Committee and the school administration will exercise reasonable discretion in order to provide appropriate privacy and professional respect.

A complaint (signed or unsigned) will not be placed in a file until the teacher has been notified and given the right to a hearing about the complaint. The complaint, if still deemed credible, may be placed in the personnel file after the hearing. Subject to any revisions agreed to at the hearing, the evaluation will be complete after the hearing.

It is the goal of the School Committee and the Association that when people have complaints about individual teachers, they resolve those complaints with the teachers. When, in the opinion of the district, an effort toward resolution seems wise and appropriate, complainants will be encouraged to discuss their complaints with teachers. When, in the opinion of the district, further efforts toward resolution seem wise and appropriate, complainants will be encouraged to seek resolution through meetings with the principal, superintendent, and the school committee.

ARTICLE 9 THE EVALUATION OF TEACHERS

The purposes of evaluation are to promote professional excellence, enhance the effectiveness of the educational program, recognize a teacher's strengths, identify areas needing improvement, establish plans to assist a teacher in being more effective, and to support decisions about further employment (including promotion, transfer, layoff, recall, dismissal, discipline, and non-renewal of employment).

Teachers with professional status shall be evaluated as to their professional competence at least once every two years. Teachers without professional status shall be evaluated as to their professional competence at least annually. The Association shall be informed of the criteria upon which evaluations will be based and the criteria shall be relevant to the duties of the teacher being evaluated.

The development of evaluation criteria and procedures shall be a collaborative process between the parties. However, the Committee has the authority to set the criteria and procedures if agreement is not reached in the collaborative process. Classroom observations shall not be made secretly. However, unannounced observations can be made by an administrator at his/her discretion.

Classroom observations will be included as a part of the basis for evaluating the work of classroom teachers. A conference between the observed teacher and the school administration concerning goals, observations, and evaluations will occur shortly after a request for such a conference by either party.

The evaluation report shall be in writing to the teacher being evaluated and reviewed orally if the teacher requests it. The teacher's signature on the report is not to be interpreted as his or her agreement with the material contained in it, and every teacher shall have the right to submit a written comment or reply.

The evaluation report shall identify areas of strength as well as areas needing improvement. Problem areas shall be addressed collaboratively by the evaluator and the teacher. The evaluator shall provide specific recommendations, advice, or direction. However, the teacher will be responsible for the success of his or her work. Any teacher may identify at any time constraints which he or she believes inhibit his or her ability to fulfill professional obligations successfully and request the mitigation of those constraints.   For the purpose of improvement in teachers' work prior to subsequent evaluations, sufficient time will be afforded as appropriate to allow the teacher to benefit from the recommendations for improvement prior to further evaluations.

ARTICLE 10 GRIEVANCE PROCEDURE

A.   Purpose

The purpose of this procedure is to secure, at the lowest possible level, equitable and prompt solutions to problems which may arise under this Agreement. The Committee and the Association desire that discussions remain as informal and confidential as is appropriate. Nothing in this contract shall be construed as limiting the rights of any teacher who believes he or she has a complaint to discuss that concern informally with any member of the school administration, provided that the administrative response to the expressed concern is not inconsistent with the terms of the contract. In addition, nothing in this Contract shall be construed as limiting the Association from bringing matters before the School Committee in a format that is not a filed grievance.

B.   Definitions

1.       A "complaint" is defined as an oral claim from the Association or an employee, that the contract between the Committee and the Association has not been applied when it ought to have been, has been misapplied, or misinterpreted by the Committee in a way which has adversely affected an employee or group of employees.

2.     A "grievance" is defined as a written claim from the Association that the contract between the Committee and the Association has not been applied when it ought to have been, has been misapplied, or misinterpreted by the Committee in a way which has adversely affected an employee or a group of employees. All grievances shall be signed by the aggrieved employee and the Association. That grievance shall state the date the grievance has been filed, a statement of the grievance, the remedy sought, and the Article or Articles of this Agreement alleged to have been violated.

3.   An "employee" means an individual represented by the Association.

4.      A "day" is a regularly scheduled teacher contract day except during the school summer vacation when a day shall mean a weekday, exclusive of legal holidays.

C.   Procedures and Time Limits

1.     No grievance shall be pursued by the Association unless the individual or group that believes itself aggrieved has made a complaint and discussed the matter informally with the appropriate immediate supervisor and with an Association representative if he or she wishes.

2.       If informal discussion of that complaint does not resolve the problem satisfactorily, the Association may present a grievance in writing to the immediate supervisor within thirty days of the incident which gives rise to the grievance or within thirty days of when the employee becomes aware of the incident or should reasonably have been aware of the incident.

3.    By initiation of arbitration under the grievance procedure the grievant and the Association elects and agrees that these procedures shall be the exclusive and sole means of resolving the grievance and waive any statutory remedy as a condition precedent to initiating arbitration.   The Association will not pursue a grievance to arbitration unless the grievant waives statutory remedies.

4.     The time limits outlined in the grievance procedures may be extended by mutual agreement between the School Committee and the Association.

5.    No written record relating to any grievance shall be filed in the personnel file of any employee who is involved in presenting a grievance.

LEVEL ONE

1.              The immediate supervisor will schedule a hearing regarding the grievance and provide a written response within ten (10) days of receipt of the written grievance. All grievances shall be signed by the aggrieved employee and/or the Association. LEVEL TWO

1.     If the grievance is rejected, the Association will have ten (10) days to submit a written grievance appeal to the Superintendent of Schools (unless the grievance was submitted first to the Superintendent of Schools) or his or her representative. Any grievance appeal not submitted within ten (10) days will be considered untimely and no longer grievable.

2.     The Superintendent of Schools or his or representative will schedule a hearing regarding the grievance and provide a written response with ten (10) days of receipt of the written grievance appeal.

LEVEL THREE

1.     If the grievance is rejected, the Association will have ten (10) days to submit a written grievance appeal to the School Committee. Any grievance appeal not submitted within ten (10) days will be considered untimely and no longer grievable. Submission to the School Committee shall be to the Chair of the School Committee and to the Superintendent of Schools.

2.     The School Committee will schedule a hearing regarding the grievance appeal and provide a written response within twenty (20) days of receipt of the written grievance appeal.

3.     If the grievance is rejected, upon the request of the Association, the School Committee may agree to move immediately to final and binding arbitration.

LEVEL FOUR

1.       If the grievance is rejected and/or the School Committee rejects a request to move immediately to final and binding arbitration, the Association may pursue further appeals to mediation. In a case of suspension without pay or dismissal, the employer action which gives rise to the grievance shall be immediately suspended until the grievance is resolved. Unless otherwise mutually agreed upon, the School Committee and the Association will use the Board of Conciliation and Arbitration for mediation.

2.       The School Committee shall not unreasonably delay the mediation process. After the initial mediation session, the mediator shall indicate the estimated length of time the mediation will take. Extension beyond that time may occur through mutual agreement between the Association and the School Committee.

LEVEL FIVE

1. If the grievance is not resolved to the satisfaction of the Association and if the Mediator certifies that the Association has made a good faith effort to resolve the dispute, the Association may, within ten (10) days following receipt of the Mediator's report, submit the grievance to final and binding arbitration.    Unless otherwise mutually agreed upon, the School Committee and the Association will use the Board of Conciliation and Arbitration for arbitration.

COSTS

1. Should a grievance be pursued by the Association to mediation or arbitration, the cost of the mediator or arbitrator will be shared equally between the Association and the School Committee.

ARTICLE 11 LEAVES OF ABSENCE

A.   Sick Leave

Fifteen days sick leave shall be allowed each academic year. Any unused portion each year shall be allowed to accumulate.

Sick leave shall only be used for the following reasons:

a.    Illness of the teacher. The District reserves the right to require proof of the illness through a letter from a physician or other reasonable means if, in the judgment of the Committee or the administration, there is the possibility of abuse of sick leave.

b.      Subject to review by the Superintendent of Schools, serious illness in the immediate family that requires the attendance of the teacher when no other arrangements are possible.

c.    The School District reserves the right to insist that teachers must take time off with sick leave pay if the teacher is physically or emotionally unable to perform his/her duties.

Should an employee who has worked for the school system for three years or more use up all of his or her sick leave and be absent due to a long term illness or disability, the School Committee will pay the employee the difference between the substitute salary and the employee's salary for thirty days or to the end of the school year, which ever is sooner. At its discretion, the School Committee may continue to pay the employee at the same rate to the close of the school year.

At the beginning of each school year, each teacher shall receive a statement of the number of accumulated sick leave days as of the start of the school year.

B.   Bereavement Leave

Up to five (5) days paid leave for each bereavement may be granted by the Superintendent. Teachers will give advance notice to the Superintendent or designee, if possible, or notice during the first day of absence to the Superintendent or designee. These days are not to be deducted from sick leave or personal leave and may be extended by the Superintendent. These days shall not be unreasonably denied. However, an extension of bereavement leave may be credited against personal leave.

C.   Personal Leave

Up to three (3) days of paid leave per academic year for personal, legal, or other business that has to be conducted during the school day may be granted by the

Principal upon application by the employee. Approval shall not be unreasonably denied.

The leave must be applied for, in writing, to the Principal at least seven (7) calendar days in advance of the absence (except in an emergency). Teachers will be informed of the decision, in writing, not later than five (5) calendar days after the application is received by the Principal. In the event such leave is denied, the employee shall receive a written statement outlining the reason(s) for the denial.

Normally, personal leave days are not to be used to extend a three day weekend of any vacation period as commonly defined. The Committee reserves the right to request written explanation for the use of these days.

Unused personal leave days shall accumulate to a maximum of five (5) days. At the beginning of each school year, each teacher shall receive a statement of the number of accumulated personnel leave days as of the start of the school year.

An employee with twenty (20) or more consecutive years of service will receive payment for up to five (5) accumulated days upon separation from employment for the purpose of retirement at the rate of $100.00 per day.

D.   Professional Leave

Professional employees shall be allowed leave days to attend conferences, workshops, or other schools when approved by the School Superintendent or his or her designee. Costs of conferences and workshops required by the School District will be paid for by the School Committee.

E.   Sabbatical Leave

Sabbatical leave of up to one (1) school year may be granted if the leave request will improve the Swift River School program, provide professional development for the person who would receive the leave, and recognize that person's professional excellence. Any professional employee who has served as a professional employee in the Swift River School for six continuous years may apply for a sabbatical leave of absence for study, or research related to his or her professional assignment. During the period of this leave, the professional employee will receive 50% of Step Bl of the salary schedule. Such payments, when added to any program grant of other compensation may not exceed that person's regular salary. An employee on leave will retain all rights that would be his or hers if he or she were working in the school during that period.

Application for such leave must be made to the Superintendent of Schools no later than December 1 of the academic year preceding the academic year in which such leave is to be taken. The applicant will give a detailed description of the sabbatical leave plan.

The Superintendent shall make a decision regarding approval of the sabbatical leave request no later than March 15 of the school year preceding that for which the leave is to be granted. The Superintendent of Schools will have complete discretion in making his/her decision about whether or not to grant such a leave.   In the event that such leave is not recommended by the Superintendent, the teacher will receive a written statement of the reason(s) for the denial.

Professional employees granted a sabbatical leave of absence shall be required to enter into a written agreement with the School Committee to the effect that upon termination of a sabbatical leave, the teacher will return to service for a period equal to twice the length of the leave. If the teacher fails to return or does not return for the full period agreed upon, the teacher shall be required to refund the proportionate part of the salary actually received while on sabbatical leave.

F.    Unpaid Leave

Teachers may be granted a leave of absence for up to one (1) year provided the leave is recommended by the Superintendent and approved by the School Committee. Application for said leave may be rejected for lack of timeliness if received after April 1 of the academic year preceding the term of the requested leave of absence. At the end of the leave, the teacher shall be restored to a position similar to his or her previous position or to the same position with the same status, pay, length of service credit, and seniority as he or she had prior to the unpaid leave.

G.   Parenthood Leave

Unpaid leave may be granted for up to a two (2) year period upon request of a teacher with a newborn child or a newly adopted child. The School District may set reasonable conditions in the best interest of the operation of the school district with regard to granting parental leave requests. The District may require parental leaves to end at the close of a school year. At the end of the leave, the teacher shall be restored to his or her previous position or to a similar position with the same status, pay, length of service, credit and seniority.

ARTICLE 12 INSURANCE

The School Committee shall assume responsibility for payment of 75 percent of an individual or family group health insurance indemnification plan or 75 percent for an approved health maintenance organization or Blue Cross/ Blue Shield and payment of the same percentages for a group life insurance contract in accordance with the provisions of Chapter 32B of the Commonwealth's Laws.

For each employee who requests the following, the Committee will pay 75% of the premium on a package of $5,000 renewable term life insurance and $5,000 accidental death and dismemberment insurance.

The Committee agrees to provide workers compensation benefits as required under the General Laws of the Commonwealth of Massachusetts.

The Committee shall indemnify teachers against loss by naming all employees as insured in the school district's general liability insurance with an occurrence limit of $1,000,000 and an aggregate limit of $2,000,000.

Pursuant to M.G.L., c32B, §9A, the Committee agrees to provide a fifty (50%) contribution to any plan premium payment on the health insurance plan for retirees. Teachers employed by the district as of 9/1/01 who have served the Committee for at least ten (10) years and are at least 55 years old are eligible to participate in the health insurance plan for retirees. The Committee also agrees to provide a fifty (50%) percent contribution to the premium payment to any supplemental retiree health insurance plan. Teachers must go under the Medicare plan if eligible pursuant to M.G.L., c32B, §18. The Committee will permit a spouse to continue receiving retiree health insurance coverage, at the same fifty (50%) percent contribution, under the Teacher's Retirement Plan for up to one year after the death of the retiree.

If the employee's contribution is in arrears by sixty (60) days, the Committee has the right to terminate the employee's participation in the insurance plan.

If in any single given year, the increase in health insurance cost is greater than fifteen (15%) percent, the employee will be responsible for the amount of the increase above fifteen (15%) percent in that year. The school year 2002-2003 will be the baseline year for this determination.

Each employee's salary will be increased by the cost of a Long Term Disability Policy, which each employee will purchase from an insurance company selected by the School Committee at a cost negotiated by the School Committee.

   The policy shall provide for benefits reviewed and approved by the SREA

   The SREA may unilaterally return to sick leave benefits of the 1996-1997 contract if subsequent benefits are substantially reduced. Such return would require a twelve month notice from the SREA to the School Committee.

   The insurance company, subject to industry requirements for review and appeal, will be the sole judge of disability for employees.

   Regardless of the amount of sick leave accumulated, the Long Term Disability Insurance policy will be the basis for any disability-related compensation beginning ninety (90) days after the onset of a disability that would prevent an employee from working.

   Regardless of the amount of sick leave accumulated, an employee seeking sick leave, ineligible for Long Term Disability, is ineligible to use more than sixty (60) days of sick leave in a single year for the purpose of illness in the family.

   One day of accumulated sick leave will be deducted from an employee's accumulation of sick leave for each day the employee receives Long Term Disability Insurance. No change will occur in an employee's eligibility to participate in the district's health insurance program or in an employee's right to return to employment so long as any sick leave remains accumulated.

ARTICLE 13 TEACHER FACILITIES

To the extent possible and reasonable, the Committee will provide:

1.      Space in each classroom in which teachers may safely store instructional material and supplies;

2.   Well-lighted and clean teachers' rest rooms;

3.     A system whereby teachers can effectively and expeditiously communicate with the main office in the event of an emergency.

ARTICLE 14 ASSOCIATION USE OF SCHOOL FACILITIES

The association may use space in the school building, if available, without cost and at reasonable times for meetings. All necessary custodial and cafeteria help fees will be paid by the Association. Bulletin board space will be made available in the school building for the purpose of displaying notices, circular, and other Association materials.

ARTICLE 15 VACANCIES AND PROMOTIONS

The Association will be informed, at the time of posting, of vacancies in professional positions which occur in Union #28. Any grievance filed under this article shall not be subject to binding arbitration.

A teacher who is retiring or resigning from his/her position before the end of the school year will provide the administration with a written notice of his/her intentions 30 days prior to their last day of employment, unless both parties mutually agree to some other arrangement. If the retirement or resignation happens during the summer, teachers will notify administration in writing of their intentions 30 days prior to the start of the school year for teachers.

ARTICLE 16 LEGALITY OF PROVISIONS

If any provision of this contract is held to be contrary to law by an appropriate court of law, all other provisions of the Contract will continue in full force and effect. The Committee and the Association will meet for the purpose of negotiating changes or deletions in the contract as a result of such a finding that the contract provision is contrary to law.

ARTICLE 17 SCHOOL COMMITTEE AGENDA

The Superintendent of Schools will provide the President of the Association with an agenda of all Committee meetings at the same time they are made available to the Committee.

ARTICLE 18 REDUCTION IN FORCE

When a reduction in the teaching staff or a reduction in time for a position in the teaching staff is required because of a decrease in student enrollment or for other reasons approved by the School Committee, the school district will determine the teacher or teachers to be laid off pursuant to the provisions of this article.

Within the limits of appropriate certification areas, the district will consider first avoiding lay offs through attrition, that is, voluntary resignations or retirement. Also, within the limits of appropriate certification areas, the district will lay off teachers without professional status before laying off teachers with professional status.

In making the determination of which teacher or teachers with professional status are to be laid off or reduced in time, the district will weigh the following factors according to its best judgment:

Qualifications: certification(s), education, and past experience,

Evaluations,

Length of service,

Capacity to handle various assignments successfully,

Other contributions to the welfare and successful operation of the school.

All teachers with professional status or teachers without professional status who have been notified of reappointment but are to be laid off or reduced in time will be notified of that on or before June 15. This requirement will be replaced by a thirty day notice requirement should either New Salem or Wendell fail to vote the School Committees' assessment request in town meeting and/or in any required override, should state aid anticipated by the School Committee be lower than expected, or should grants or other revenue anticipated by the School Committee be reduced below that anticipation.

Employees who have been laid off shall be entitled to recall rights for the fiscal year in which the recall if effective and the next succeeding fiscal year.

If more than one teacher is eligible for recall, the district will weigh the following factors in deciding who is to be recalled according to its best judgment:

Qualifications: Certification(s), education, and past experience,

Evaluations,

Length of service

Capacity to handle various assignments successfully

Other contributions to the welfare and successful operation of the school.

During the recall period, employees will provide to the office of the Superintendent of Schools, in writing, a current address and telephone number and an indication that he or she desires recall. Failure to submit such a notice and to maintain current address and telephone number changes will preclude the employee from recall consideration. The school district will confirm receipt of that written notice and, in the event of an opportunity for recall, will notify the employee by registered mail, return receipt requested, or other confirmable notice to the address most recently confirmed by the Office of the Superintendent of Schools. Employees so notified shall have ten business days from the date the registered letter is mailed to respond in writing to claim the position. The school district may require the employee to begin work immediately upon response but will not unreasonably make that requirement for a recalled employee who has a compelling need for up to two weeks' notice.

If more than one employee is eligible for recall, the School Committee may notify the rest of those eligible of the possibility of recall at the same time that the recalled employee is being recalled. If the School Committee does provide such notice and the person initially informed of a right of recall declines the position, any subsequent person offered an opportunity to be recalled will have one business day subsequent to receiving such an offer to claim the position. The school district may require the employee to begin work immediately upon response but will not unreasonably make that requirement for a recalled employee who has a compelling need for up to two weeks' notice.

During the recall period, employees may continue their group health insurance coverage for twenty-four months subsequent to layoff, inclusive of COBRA rights, by paying the full premium amount by the fifteenth day of the month previous to each month for which insurance coverage is sought.

A teacher returning from lay off status will return with the benefits and status that he or she would have had if he or she were working during that lay off except that there will be no increase in step placement, sick leave accumulation, or similar accumulating benefits. If benefits have changed during the recall period, the teacher would return with benefits consistent with the current contract.

Neither lay off nor recall decisions will be based on consideration of a teacher's personal connections (familial or otherwise) with School Committee members, town officials or school administrator; to a teacher's residence; or to the relative expense of an individual on the salary schedule.

ARTICLE 19 PROFESSIONAL DEVELOPMENT

To support professional growth, each teacher will work under the direction of the Principal to establish a professional growth plan for him or herself. Annually, this plan may include coursework, attendance at workshops, visits to other schools and/or classrooms, and other appropriate activities. Within each three year period, this plan will ordinarily include a college or graduate level course, workshop attendance, and/or classroom visits.

Teachers required to take a specific course, workshop, or other program by the Committee will be reimbursed in full for all tuition and fees for that specific course, workshop or program.

Teachers who expect to advance across salary lanes from Bachelors through Masters plus 30 must notify the Superintendent of Schools in writing on or before November 1st of the year preceding the expected granting of this advancement in order to meet budget requirements. The principal must circulate a notification sheet to all teachers by October 1st where the teachers will indicate by signature their intention to change salary lanes. The appropriate increase in annual salary is to begin on September 1st following completion of the requirements with the exception that if the requirements are completed in January, the increase in salary shall be pro-rated beginning the month following completion of the requirements.

ARTICLE 20 PROFESSIONALS DEPENDENT ON REVOLVING FUNDS

If a position is identified as being dependent on the revenue from a revolving fund, the School Committee may limit salary to a person filling a position identified as dependent on revenue from a revolving fund to an amount less than the amount called for by the contract.

Positions identified as dependent on revenue from a revolving fund: Instrumental Music

ARTICLE 21 SALARY

A.                   Salary Schedules

Salary schedules are attached (Appendix I)

Teachers may elect to receive their salary in either 22 (except in those years which call for 2.1 payments from September through June) or 26 bi-weekly installments beginning with the first pay period in September.

In the event of the termination of a teacher's service for any cause at the end of or at any­time during the school year, any salary earned but withheld prior to the date of termination shall be payable to the teacher or, in the event of death, to the teacher's estate.

B.            Course Salary Credit

Courses for which teachers earn salary credit must be relevant for their teaching. Salary credit is subject to the approval of the Superintendent of Schools.

C.            Cost of Living Increase

Cost of living adjustments for the duration of the three year contract will be 1.5% in school year FY12 and 1% in school year FY13.

D.            Additional Step

Step 18 will take effect as of FY2009, following the completion of the 27th year of total service of which a minimum of 20 years will be in the service of the New Salem/Wendell Union School District and will be One Thousand Five Hundred ($1,500.00) dollars greater than step #17.

E.            Additional Salary Lanes

The steps on the Masters plus 15 will be 1% greater than the Masters schedule and the Masters plus 30 will be 1% greater than the M+15 schedule.

APPENDIX I

NEW SALEM/WENDELL SCHOOL COMMITTEE

2011-2012 SALARY SCHEDULE

TEACHERS

STEP

BACHELOR'S

MASTERS

M + 15

M + 30

1

$35,459

$37,596

$38,724

$39,885

2

$36,526

$38,719

$39,880

$41,076

3

$37,615

$39,887

$41,084

$42,316

4

$38,747

$41,083

$42,315

$43,585

5

$39,906

$42,317

$43,587

$44,894

6

$41,105

$43,583

$44,891

$46,238

7

$42,340

$44,892

$46,239

$47,626

8

$43,608

$46,238

$47,625

$49,054

9

$44,915

$47,627

$49,055

$50,527

10

$46,266

$49,053

$50,525

$52,041

11

$47,655

$50,528

$52,043

$53,605

12

$49,081

$52,044

$53,606

$55,214

13

$50,554

$53,603

$55,211

$56,868

14

$52,070

$55,211

$56,867

$58,573

15

$53,634

$56,869

$58,575

$60,333

16

$55,243

$58,575

$60,333

$62,143

17

$56,900

$60,333

$62,143

$64,007

Special Rules Apply for Step 18 (see below)

 

18

$58,400

$61,833

$63,643

$65,507

 

SICK DAYS

15 DAYS PER YEAR, UNLIMITED ACCUMULATION

PERSONAL DAYS

3 DAYS PER YEAR, CUMULATIVE TO 5 DAYS

BEREAVEMENT

UP TO 5 DAYS

LONGEVITY

$ 750 AFTER 15 YEARS OF PROFESSIONAL SERVICE

 

$1000 AFTER 20 YEARS OF PROFESSIONAL SERVICE

 

$1250 AFTER 25 YEARS OF PROFESSIONAL SERVICE

 

$1500 AFTER 30 YEARS OF PROFESSIONAL SERVICE

 

MENTOR:

$600

NATIONAL BOARD

 

CERTIFIED TEACHER:

$600

NATIONAL BOARD

 

CERTIFIED NURSE:

$600

TEACHER-IN-CHARGE:

$1,000/YEAR

STEP 18 RULE: FOLLOWING COMPLETION OF THE 27th YEAR OF TOTAL SERVICE OF WHICH A MINIMUM OF 20 YEARS WILL BE IN THE SERVICE OF THE NEW SALEM/WENDELL UNION SCHOOL DISTRICT, STEP 18 WILL BE $1,500 GREATER THAN STEP 17

NEW SALEM/WENDELL SCHOOL COMMITTEE

2012-2013 SALARY SCHEDULE

TEACHERS

STEP

BACHELOR'S

MASTERS

M + 15

M + 30

1

$35,814

$37,972

$39,111

$40,284

2

$36,891

$39,106

$40,279

$41,487

3

$37,991

$40,286

$41,495

$42,740

4

$39,135

$41,493

$42,738

$44,020

5

$40,305

$42,740

$44,023

$45,343

6

$41,516

$44,019

$45,340

$46,700

7

$42,763

$45,341

$46,702

$48,103

8

$44,045

$46,701

$48,102

$49,545

9

$45,364

$48,103

$49,546

$51,032

10

$46,728

$49,544

$51,030

$52,561

11

$48,131

$51,033

$52,564

$54,141

12

$49,572

$52,565

$54,142

$55,766

13

$51,060

$54,139

$55,763

$57,436

14

$52,591

$55,763

$57,436

$59,159

15

$54,170

$57,438

$59,161

$60,936

16

$55,795

$59,161

$60,936

$62,764

17

$57,469

$60,936

$62,764

$64,647

Special Rules Apply for Step 18 (see below)

 

18

$58,969

$62,436

$64,264

$66,147

 

SICK DAYS

15 DAYS PER YEAR, UNLIMITED ACCUMULATION

PERSONAL DAYS

3 DAYS PER YEAR, CUMULATIVE TO 5 DAYS

BEREAVEMENT

UP TO 5 DAYS

LONGEVITY

$ 750 AFTER 15 YEARS OF PROFESSIONAL SERVICE

 

$1000 AFTER 20 YEARS OF PROFESSIONAL SERVICE

 

$1250 AFTER 25 YEARS OF PROFESSIONAL SERVICE

 

$1500 AFTER 30 YEARS OF PROFESSIONAL SERVICE

 

MENTOR:

$600

NATIONAL BOARD

 

CERTIFIED TEACHER:

$600

NATIONAL BOARD

 

CERTIFIED NURSE:

$600

TEACHER-IN-CHARGE:

$1,000/YEAR

STEP 18 RULE:   FOLLOWING COMPLETION OF THE 27th YEAR OF TOTAL SERVICE OF WHICH A MINIMUM OF 20 YEARS WILL BE IN THE SERVICE OF THE NEW SALEM/WENDELL UNION SCHOOL DISTRICT, STEP 18 WILL BE $1,500 GREATER THAN STEP 17..

IMPLEMENTATION AGREEMENT

IN WITNESS WHEREOF THE PARTIES TO THIS CONTRACT HAVE CAUSED THESE PRESENTS TO BE EXECUTED BY THEIR AGENTS, HEREUNTO DULY AUTHORIZED, AS OF THE DATE FIRST ABOVE WRITTEN.,

New Salem / Wendell

School Committee                                                                                               Swift River Education Assoc.

________date______________                                                                     ________date______________

________date______________                                                                     ________date______________

________date______________                                                                     ________date______________

________date______________                                                                     ________date______________

________date______________                                                                     ________date______________

________date______________                                                                     ________date______________

ADDENDUM II

NEW SALEM/WENDELL SCHOOL COMMITTEE

SWIFT RIVER EDUCATION ASSOCIATION

TEACHER PERFORMANCE STANDARDS

These Standards represent the School District's expectation of each teacher's work. These Standards address several important areas of a teacher's work as well as the achievement of each teacher's professional growth plan. Success is sought in all areas, Failure in any one area, if sufficiently serious, may have adverse consequence for continued employment However, any teacher may identify constraints that he or she believes is likely to lead to failure and request efforts to ameliorate those constraints. In addition, teachers are encouraged to discuss any and all issues associated with ways to achieve success in all performance areas.

INSTRUCTION

Teaching techniques

1.  Communicate effectively with children through clear explanations, directions, and questions expressed with a voice quality, language, and level of concept difficulty that is appropriate to the situation.

2.  Engage students in activities appropriate to achieving the purpose of lessons.

3.  Generate enthusiasm, excitement, and/or interest both within the context of specific lessons and more generally towards learning,

4.  Address individual differences in students by developing appropriate plans to address each child's strengths and weakness after identifying those strengths and weaknesses and to challenge all students to do excellent work,

5.  Use a variety of teaching methods matching those methods to the nature of what is learned

6.  Implement a daily schedule with the kind of pacing and variety that enhances attentiveness and involvement.

7.  Devise lessons and activities that are of appropriate duration for the class.

8    Locate self in the classroom to ensure that children have purposeful work habits and appropriate behaviors.

9    Communicate appropriate standards for work.

10  Arrange physical features of the classroom to provide a safe and attractive environment, Assessment

11. Assess students progress in a variety of ways appropriate to what is taught, including oral drill, essay questions, multiple choice questions, book reports, dramatic production, and "mad minutes,"

12, Provide parent/teacher conference times and written reports with an appropriate amount of detail, conveying an accurate picture of the student in constructive terms,

13 Maintain current, confidential, and accurate records for students.

14. Assess instructional strategies including the regular use of new strategies introduced in order to improve instruction.

CURRICULUM

1.  Have a cohesive and clearly stated written plan for the year based on a good knowledge of curriculum

2.  Include, in that plan, major topics, goals within those topics, learning activities and an overall schedule reflecting sequence and approximate length of time to be spent on topics of study distinguishing throughout between what is central and what is peripheral.

3.  Include, in that plan, a variety of learning experiences and the integration of reading, listening, and writing into the subject areas.

4.  Base that plan on the schools established curriculum, from which departures are permitted or even encouraged when appropriate.

5. Evaluate the instructional plan through examination of the work of all children and other group data, while maintaining confidentiality about individual student achievement

TEACHER/STUDENT RELATIONSHIPS

1 Model a concern for the rights and feelings of all and effectively implement these values in the classroom,

2.  Establish a friendliness in manner and tone of voice with all pupils and provide a sympathetic and understanding receptivity to the students.

3.  Show self-control and be even-tempered in response to students, handling even unanticipated problems calmly and objectively,

4.  Assist students in resolving interpersonal conflicts in a way which encourages self-esteem and the development of good problem-solving skills.

5  Handle discipline in a firm, humane, consistent, and generally effective manner.

6.  Establish rules that are clear.

7.  Establish classroom routines that minimize loss of instructional time and promote orderliness and a sense of cooperation.

8.  Establish a classroom atmosphere that is active and interesting; one in which students show an eagerness to learn.

FACILITATION OF PROGRAMS FOR SPECIAL NEEDS STUDENTS

1.  Show a commitment to meeting the regular classroom needs of special needs students.

2.  Integrate special needs students into the regular classroom using a variety of skills and techniques including varied grouping practices, different ways of giving directions, and modification of assignments so that such students are better able to succeed.

3.  Maintain good communication with other staff who work with special needs students and stay well-informed about the skills and progress of students receiving services from other staff.

TOTAL SCHOOL AND SCHOOL COMMUNITY FUNCTIONING

School Staff and Internal Community

1.  Give time, effort, and good will to all-school events or procedures.

2.  Generate creative and/or practical ideas for events, solutions to problems, development of programs and curriculum.

3.  Recognize and, where appropriate, utilize the opinions, experiences, and talents of others in work

4.  Work to ensure responsible behavior of own students around the school

5.  Take appropriate responsibility as a teacher for ALL students in the "common" areas of the school.

6    Maintain supportive, cooperative, and effective relationships with other members of the school staff.

7    Face problems with others openly and act effectively to improve a problem situation or ineffective interaction using, at the teacher's option or the school committee's representative's option, the School Committee's representative as either a mediator, facilitator, or resource.

8    Follow through on decisions made by staff and/ or administration about organization, expectations and curriculum.

9    Respect directions of the school administration and school policies and procedures and follow those directions

Parents

10.  Show impartiality, resourcefulness, and cooperation in relations with parents.

11.  Face problems with others openly and act effectively to improve a problem situation or ineffective interaction using, at the teacher's option or the school committee's representative's option, the School Committee's representative as either a mediator, facilitator, or resource

12.  Keep parents informed about the progress and problems of their children through a variety of communication means.

13 Regularly inform parents about the classroom program (e.g. about current or upcoming units of study, special classroom events, etc )

PROFESSIONAL GROWTH

1.  Develop professionally through increased knowledge, understanding and acquisition of skills

2.  Participate in school wide and outside workshops and courses to improve competence

3.  Make good faith efforts to assist others in growing professionally.

4.  Share work, ideas and things learned with fellow professionals,

5.  Assess own strengths and weaknesses and show an openness to criticism and suggestion.

6.  Complete all necessary activities for certification or recertification in a manner which is consistent with the school and district professional development plan.