Newburyport

Show detailed information about district and contract

DistrictNewburyport
Shared Contract District
Org Code2040000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersWhittier RVTSD
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityrural economic centers
Number of Schools5
Enrollment2251
Percent Low Income Students9
Grade StartPK or K
Grade End12
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Newburyport Teachers’ Contract

9/1/10 – 8/31/13

AGREEMENT

between the

NEWBURYPORT SCHOOL COMMITTEE

and the

NEWBURYPORT TEACHERS ASSOCIATION

9/1/10 – 8/31/13 SCHOOL COMMITTEE

Mayor Donna Holaday, Chairman

Bruce Menin, Vice-Chairman

Steven Cole

Nick deKanter

Cheryl Sweeney

Daniel Koen Stephanie Weaver

ADMINISTRATION

Marc Kerble, Superintendent

Deirdre Farrell, Assistant Superintendent

NEWBURPYORT TEACHERS ASSOCIATION OFFICERS

Patricia Levitt, President

Leigh Cassidy, Vice-President

Susan Stone, Treasurer

Carol Snow, Secretary

NEGOTIATING TEAM

Patricia Levitt

Susan Stone

Wendy Phillips

Maureen Wecal

Cathy Hill Dianna Ouellette

 

AGREEMENT

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, THIS CONTRACT IS MADE this FIRST day of SEPTEMBER, 2010, by the SCHOOL COMMITTEE OF THE CITY OF NEWBURYPORT (hereinafter sometimes referred to as the Committee) and the NEWBURYPORT TEACHERS ASSOCIATION (hereinafter sometimes referred to as the Association).

PREAMBLE

Recognizing that our mutual prime purpose is to provide education of the highest possible quality for the children of Newburyport, and that good morale within the teaching staff of Newburyport is essential to achievement of that purpose, we the undersigned parties of this Contract declare that:

1.                   Under the laws of Massachusetts, the Committee, elected by the citizens of Newburyport, has final responsibility for establishing the educational policies of the public schools of Newburyport.

2.                   The Superintendent of Schools of Newburyport (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established.

3.                   The teaching staff of the public schools of Newburyport shares with the Committee the responsibility for providing in the classrooms of the schools education of the highest possible quality.

4.                   Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Superintendent, and the teaching staff in the formulation and application of policies relating to wages, hours and other conditions of employment for the teaching staff; and so;

5.                   To give effect to these declarations, the following principles and Procedures are hereby adopted.

ARTICLE I –

Scope

For the purposes of collective bargaining with respect to wages, hours, other conditions of employment, the negotiation of collective bargaining agreements and questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent and representative for all classroom teachers, nurses and other professional personnel but excluding the Superintendent of Schools, the Assistant Superintendent of Schools, Directors, Deans, Literacy and Math Specialists, Assistant Principals and Principals and excluding all other employees.

The Association will be informed immediately by the Committee on any matter which affects the wages, hours and working conditions of any person governed by the Agreement.

ARTICLE II –

Compensation and Other Conditions of Employment

Subject to the provisions of this Contract (and except as otherwise provided by Appendix A attached hereto and made a part hereof) the wages, hours, and other conditions of employment applicable on the effective date of this Contract to the employees covered by this contract shall continue to be so applicable.

ARTICLE III –

Dues Deduction

The Committee hereby accepts the provisions of Section 17-C of Chapter 180 of the General Laws of Massachusetts and, in accordance therewith, shall certify to the Treasurer of Newburyport all payroll deductions for the payment of dues to the Association duly authorized by employees covered by the Contract, as shown on the payroll deduction authorization form attached hereto, and made apart hereof.

The Committee shall require as a condition of employment during the life of the Agreement the payment on or after the Thirtieth day following the beginning of such employment, or the effective date of this Agreement, of a service fee to the Association; provided that such service fee shall not be imposed unless this Agreement has been formally executed, pursuant to a vote of a majority of all employees present and voting. Such service fee shall be equal to the dues of the Association.

Except when a new employee is hired after October 1 of the school year, any new employee must file the required form for dues and other payroll deductions no later than September 15 of the school year. Any changes in the dues structure or amount of dues for a current employee must be reported to the Superintendent’s office by September 15 of the school year the changes are to go into effect. If the employee does not meet this deadline, then dues or payroll deductions shall remain unchanged for the school year.

The Committee agrees to forward to the NTA the names and position of any new employee, or any changes in personnel status prior to September 15 of the school year. This provision will be waived in extenuating circumstances. In addition, after September 15, the Committee agrees to notify the Association of the names and the new position of any new employee, or any changes in personnel status, following the first payroll in which the new employee or the change in personnel status is reflected.

The Association shall indemnify and save or hold the Committee harmless against all claims, demands, suits or other form of liability which may arise by reason of any action taken by the Committee pursuant to this Article.

ARTICLE IV –

Grievance Procedure

A.    Definitions

1.       A “grievance” is a claim based upon an event or condition which affects the welfare and/or conditions of employment of a professional employee or group of professional employees and/or the interpretation, meaning or application of any of the provisions of this Agreement or any subsequent agreement entered into pursuant to this Agreement.

2.       An “aggrieved person” is the person or persons making the claim.

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

B.    Purpose

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

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

C.    Procedure

Since it is important that the grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement. In the event a grievance is filed on or after June 1 which, if left unresolved until the beginning of the following year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as it is practicable.

Step One

A professional employee with a grievance shall first discuss it with his principal or immediate superior directly or through an Association representative with the object of resolving the matter informally. Said discussion shall take place no later than thirty days after the teacher knew or should have known of the act or condition on which the grievance is based. A dispute as to whether a grievance has been waived under the paragraph will be subject to arbitration pursuant to Step Four.

Step Two:

(a)                 If the aggrieved person is not satisfied with the disposition of his grievance at step one, or if no decision has been rendered within five (5) school days after the presentation of the grievance, the teacher may file the grievance in writing with the Professional Rights and Responsibilities Committee (hereinafter referred to as the “P R &R Committee”) within five school (5) days after the decision at Step One or eight school (8) days after the grievance was presented, whichever is sooner. If the P R & R Committee determines that the grievance is meritorious and is in the best interest of the Newburyport School System, within five (5) school days after receiving the written grievance, the P R & R Committee may refer the grievance in writing to the Superintendent of Schools or his designee.

(b)                 The Superintendent or his designee shall meet with the aggrieved person (and a representative of the Association if so requested) within five (5) school days after receipt of the written grievance from the P R & R Committee in an effort to resolve the grievance. The Superintendent or his designee shall respond to said grievance in writing and provide the rationale for his decision.

Step Three:

If the grievance has not been resolved to the satisfaction of the grievant and the Association within five (5) school days after presentation of the grievance at Step Two, the grievant and/or the Association may within five (5) school days submit the grievance to the Committee. Within ten (10) school days after the grievance has been filed with the Committee, a majority of the Committee shall meet with the grievant and representatives of the Association for the purpose of hearing the arguments of the parties involved. Within five (5) school days after said meeting the Chairman of the Committee shall respond to the grievance.

Step Four:

(a)                 Where the grievance involves the violation of a specific term and/or provision of this Agreement and if such grievance shall not have been satisfactorily disposed of at Step Three, the Association may refer the unsettled grievance to arbitration in writing within ten (10) school days after decision of the School Committee under Step Three. The Arbitrator shall be selected by agreement between the parties. If the parties are unable to agree upon an arbitrator within fifteen (15) days, the selection shall be made by the American Arbitration Association, in accordance with its rules and regulations.

(b)                 The Arbitrator will issue his decision not later than thirty (30) calendar days from the date of the close of hearings or if oral hearings have been waived, then from the date the final statements and briefs are submitted to him. The Arbitrator’s decision will be in writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted.

(c)                 The Arbitrator’s fee, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Committee and the Association.

(d)                 Any meeting with reference to the grievance procedure shall be held during non-school hours. The parties may agree to conduct any arbitration hearing during school hours.

(e)                 Notwithstanding any contrary provisions in this Agreement, the following shall not be subject to the grievance arbitration provisions of this Agreement.

(1)      The failure or refusal by the Superintendent to renew the contract of, or to reappoint a probationary or a teacher without professional teacher status. The parties recognize that a teacher without professional teacher status who has been teaching for more than ninety (90) days in Newburyport School System has a right to a hearing at his request before the Superintendent under Massachusetts General Laws Chapter 71, Section 42.

Exclusive Remedy

(1)                 In any matter involving suspension, dismissal, removal or termination and which is not specifically excluded from arbitration hereunder, the employee may elect arbitration as the exclusive remedy for such matter.

(2)                 The arbitration provisions of this Agreement will not apply to a grievance unless the employee elects the Grievance-Arbitration provisions as final and binding and as the exclusive remedy.

(3)                 A signed grievance on the form contained in Appendix E, Forms section filed by the employee in Step Three of the grievance procedure shall constitute an election hereunder.

(4)                 Failure of the employee to elect one remedy from a choice of remedies shall be justifiable and proper grounds for the Committee to refuse to process the grievance. Such a refusal by the Committee shall not constitute a violation of the collective bargaining agreement.

(5)                 In matters involving the dismissal of a teacher with professional teacher status, the teacher after a hearing before the Superintendent in accordance with Massachusetts General Laws, Chapter 71, Section 42, may elect to have the matter finally determined and resolved by an arbitrator under Step Four of the Grievance-Arbitration procedure. A signed grievance filed by the employee within ten(10) days after the Superintendent has issued its decision shall constitute an election hereunder.

ARTICLE V –

Rights of Committee and Superintendent

Subject to the provision of whatever agreement may be reached, the School Committee and the Superintendent of Schools reserve and retain full rights, authority and discretion, in the proper discharge of their duties and responsibilities to control, supervise and manage the Public Schools and the professional staff under governing law, ordinances, rules and regulations. In all matters under this agreement calling for exercise of judgment or discretion on the part of the Superintendent and/or the School Committee, the decision of the Superintendent and/or the School Committee shall be final and binding if made in good faith – i.e., not arbitrarily, capriciously or without rational basis in fact – except where some other standard of grievability or arbitrariness is set forth in this agreement.

ARTICLE VI –

 No Strike

During the life of this Agreement the Association agrees that it will not cause, condone, sanction, or take part in any strike, slowdown or work stoppage.

The Association and its members, individually and collectively, agree that if there is a violation of this clause, any or all teachers violating this clause will, at the discretion of the Superintendent, be subject to discharge, suspension or complete loss of any seniority.

ARTICLE VII –

Agreement to Meet

The parties to this agreement will meet if considered necessary by either party during the term of this agreement to discuss matters of mutual concern.

ARTICLE VIII –

 Period of Employment

Effective with the 2006-2007 contract year, if the first Monday in September falls on the 5th, 6th, or 7th, the Superintendent shall have the option of starting the work year one week before Labor Day. In the event that the Superintendent exercises this option, all provisions of the Agreement to take effect on that September 1 shall take effect with the first workday. Teachers shall be notified by February 28 of the calendar for the next school year. In the event that the Superintendent exercises this option, no work or school will be scheduled on the Friday immediately preceding Labor Day.

ARTICLE IX –

Teacher Work Year, Work Day Duties

A.      Work Year

1.             The work year shall consist of no more than 184 days.

a.       The Professional Development Council shall plan the training program for the two, eight-hour days within the 184-day work year.

2.             The Superintendent shall propose and the School Committee shall adopt a calendar for each school year not later than June 1 immediately preceding the school year.

B.            Starting and Dismissal Times

1.                   Starting and dismissal times may be subject to modification by the School Committee so as to best serve the educational needs of the children and the objectives of the school system.

2.                   The current policy will continue that all elementary and middle school teachers in order to fulfill their professional responsibilities should be available in the school building, fifteen minutes prior to the beginning of the instructional day and to remain within the school building, fifteen minutes after the close of the instructional day. High School teachers will be available in the school building five (5) minutes prior to the beginning of the instructional day and will remain within the school building five (5) minutes after the close of the instructional day.

C.            Staff Meetings

1.                   Teachers may be required to remain after the student dismissal time, without additional compensation, to attend up to two (2) building-based, grade-level, subject area or system-wide meetings per month. These meetings will start no later than fifteen (15) minutes after the student dismissal time and will not exceed ninety (90) minutes in length. The foregoing limitation may be exceeded only in emergency situations beyond the control of the administration or for other good and sufficient reason approved in advance by the Superintendent or Assistant Superintendent.

2.                   In addition to the required meetings designated in Section C(1) above, the administration may schedule up to five (5) meetings per year only for purposes of staff training mandated by the Department of Education. Five (5) working days’ notice of these meetings will be provided to the affected staff.

3.                   Except in cases of emergency, an agenda will be distributed to staff members no later than the beginning of the workday on which any meeting is held. If no agenda is distributed, it is understood that the meetings will be no longer than one (1) hour in length. This limitation may be exceeded only in an emergency situation which is beyond the control of the administration.

D.            Extra Help Sessions

Recognizing that many individual students require extra help from the teacher in order to develop their talents and skills to the fullest degree, both parties agree that such help after the regular school session is an integral part of the teacher’s work. Accordingly, the principal of each school may establish a regular schedule of extra help sessions, provided that no teacher is required to remain after school hours more than ONE day each week up to one hour.

E.            Duty Free Lunch

1.                   All professional staff members shall be granted a minimum of thirty (30) minutes for lunch, duty free.

2.                   Each nurse will schedule a duty free lunch period during the day equal to the length of the unit member lunch in the building. The nurse, however, understands that s/he must respond to emergencies in the building. In the event the nurse loses all or a portion of the identified lunch period, s/he will reschedule the lunch time during that day.

F.             Evening Meetings

Teachers will attend four (4) evening events, per school year, each of which will be not more than two (2) hours in length. An open house constitutes an evening event. At least two (2) of the four (4) evening events will be used for parent-teacher conferences. Identification of the four (4) evening events will be provided to members by September 15. Any other school related evening events beyond the aforementioned four (4) evening events are voluntary events.

G.            Detention

All teachers will be required on a roster basis to supervise detention periods in schools where detention is held.

H.      Head Teachers

In cases where an assistant principal is not assigned to an elementary school building, a head teacher shall assume responsibilities in the absence of the principal and accept other assignments as directed by the principal.

I.        Special Subject Teachers

Responsibility for a class shall rest with the special subject teacher when that teacher is teaching a class. The regular teacher may decide for himself whether or not to leave a room.

J.        Non-Teaching Duties

The Committee recognizes the desirability of relieving the professional staff of various non-teaching duties in order that maximum time and energy may be devoted to teaching.

K.      Flexible Work Schedule

1.                   The Committee and the Association agree that in order to maintain and improve the quality of education in Newburyport, it may be helpful to vary from traditional structures, staffing, and scheduling patterns in certain departments or school buildings. However, both parties recognize that new or experimental programs must be planned and undertaken thoughtfully and cautiously. Input from the staff, particularly the affected teachers will be sought.

2.                   When the administration desires to implement a flexible schedule for a particular department, building, group of teachers, teacher or for a course, the administration shall notify the Association President and the affected teacher(s) by April 1. The administration shall discuss the proposed change with the Association President and the affected teacher(s). If the administration and the affected teacher (if the change affects only one teacher), or if the administration and the majority of the affected teachers (if the change affects more than one teacher) agree in writing to the flexible work schedule, the change in schedule will be implemented for the entire group during the following school year, except where undue hardship prevents one or more teachers from meeting the requirements of the flexible work schedule. In that case, however, the flexible work schedule shall be implemented for the majority of the group of teachers.

3.                   A teacher or group of teachers may present a proposal for a flexible schedule to the Superintendent for review and approval no later than February 1. The Superintendent will notify the teacher or group of teachers of her decision to deny any proposal or grant any proposal for implementation no later than April 1. The administration shall discuss the proposed change with the Association and the affected teacher(s). If all parties agree in writing to the terms and conditions of a flexible schedule -the change in schedule will be implemented during the following school year.

4.                   The implementation of a flexible work schedule shall not result in the layoff of any bargaining unit member, and no unit member will have any action taken against him/her for refusing to participate in the arrangement.

5.                   The non-teaching duties of unit members participating in a flexible work schedule will be equitable if possible.

L.       A part-time teacher shall be defined as any teacher working .5 but less than 1.0 FTE. Part-time teachers shall be required to participate in the following meetings and activities as outlined below:

1.                   Mandatory Training – Part-time teachers will be required to attend up to five (5) meetings per year for the purposes of staff training mandated by the Department of Education. Participation in additional training, as determined by the Principal in collaboration with the teacher, is also required. A calendar of mandatory training offerings will be published at the beginning of each school year to allow part-time teachers advance time to plan for their attendance.

2.                   Faculty Meetings – Elementary/middle school part-time teachers will be required to attend one (1) elementary/middle school faculty meeting a month, to be determined in advance with their Principal. High School part-time teachers will be required to attend one (1) high school department or faculty meeting a month, to be determined in advance with their Principal.

3.                   Parent Teacher Conferences – Part-time teachers will attend parent-teacher conferences of not more than two (2) hours in length when such conferences are organized on a school-wide basis. There will be no more than four (4) such conferences each year.

4.                   Duties – Part-time teachers shall have duties assigned consistent with their schedule and the needs of the particular school building specifically. Any duties assigned to a part-time teacher shall be contiguous to the teacher’s teaching period.

ARTICLE X –

Workload and Assignments

A.      Definitions

Subject:                 An organized body of knowledge to be taught to pupils. (English, geography, reading, etc).

Module/Mod:       The smallest integral of time during which the school day is organized. At the Middle School, each module is 5 minutes.

Cycle:                    The number of days required to complete the different organizations of time in which specific subjects will be taught. The High School schedule is composed of a two (2) day cycle and the Middle School schedule is composed of a six (6) day cycle.

Section:                 A group of pupils scheduled to meet at the same time in the same place for (a) designated number of mods per day.

Period/Block:       A specific number of mods linked together to form a segment of time during the cycle in which a specific subject is taught.

Class:                     One meeting of one section during a specific period/block.

Preparation:   The number of sections for which significantly different lesson plans must be made.

B.            Preparation Period

The School Committee and the Teachers Association recognize that the citizens of Newburyport expect that all school personnel shall work full-time during the established school day at tasks directly related to the educational welfare of their children.

The School Committee recognizes that teachers should have time during the school day for planning, preparation, and other tasks directly related to the teaching process.

The Teachers Association recognizes that the teacher’s working day must be fully devoted to tasks directly related to the teaching process, and that periods during which a teacher is not assigned to a teaching or supervisory duty are not to be construed as free time.

The Administration of the Middle School shall assign to each teacher one period each day consisting of 10 mods/50 minutes per day or the weekly equivalent thereof, for the purpose of planning, co-planning, and preparation. As part of the preparation periods, there will be a grade level meeting once per cycle which the Principal may attend.

No teacher shall be required to substitute for another teacher during this preparation time except in an emergency as determined by the Principal.

In the event that a contingency prohibits the full implementation of this provision, the teacher shall be relieved for an equivalent amount of time from another non-teaching assignment.

C.            High School

1.                   The High School Schedule shall consist of a seven (7) day cycle with six (6) periods and a thirty (30) minute duty-free lunch for teachers.

2.                   Staff members will teach thirty (30) periods out of forty-two (42) periods in a normal seven-day rotation. Department Chairs will teach twenty-four (24) periods out of forty-two (42) periods in a normal seven-day rotation.

3.                   Teachers shall receive daily preparation time. The provisions of this section will be satisfied where, over the course of two 7-day cycles, teachers receive a minimum average of seventy-four (74) minutes per day to be used for preparation. In order to provide the minimum average of seventy-four (74) minutes per day over the course of the two seven-day cycles at least two staff members will be assigned to each study hall to provide for such prep time. Staff members assigned to the same study hall under the new schedule will submit a plan of study hall coverage to the High School Principal for approval. Special education teachers who are not assigned to a study hall will continue the practice of sharing Academic Support in order to meet the average prep time referenced above.

4.                   No teacher will be required by the Administration or a supervisor to cover another teacher’s class or portion of a class during his/her preparation period unless he/she is compensated at the rate of $25/class or a portion thereof. This provision shall not apply to teachers who are assigned to the same study hall under paragraph 3 above.

5.                   A joint schedule review committee shall be formed, with representatives named by the Association and representatives named by the School Committee, to evaluate the current schedule in regards to how it is meeting the needs of High School students, how it reflects the Newburyport High School mission statement and 21st Century Skills.

D.      Middle School

The maximum teaching load of teachers in departmentalized classrooms in Grade 5-8 as defined are as follows:

1.                   Teachers of English, Reading, Social Studies, Science, and Mathematics will be assigned to interdisciplinary teaching teams.

2.                   Such team members shall be guaranteed an average of fifty (50) minutes planning time per day.

3.                   It is understood that the above is based on seventy-eight (78) five (5) minutes modules per day. In the event this schedule is modified, the teaching load shall be modified by mutual agreement.

4.                   Effective September 1, 1995, the Administration intends to employ lunch room monitors for the purpose of relieving all Middle School teachers from Supervisory lunch room duties.

E        Elementary School

Effective school year 2006-2007, all elementary (K-4) teachers will, in addition to their lunch period, be relieved of the morning recess supervisory duties. Teachers will be guaranteed a forty-five (45) consecutive minute block of preparation time each full school day. All preparation time shall be scheduled within the hours of the student instructional day.

F.       Contingency

In the event that a contingency prohibits the full implementation of these provisions, a teacher shall be relieved for an equivalent amount of time from such assignments as homeroom or study hall.

G.      Extracurricular Assignments

Extracurricular assignments which require work after school hours shall be voluntary according to Appendix B. The rate of pay for all such assignments shall be determined by the School Committee and announced when such positions are posted.

H.      Certification

Teachers will be hired to teach in their area(s) of certification. Teachers may voluntarily accept duty outside fields of certification, but they must make some effort by taking courses toward fulfilling certification at the earliest possible date.

I.        Summer School

Summer school assignments shall be offered to teachers within the Newburyport system first. Assignments shall be voluntary. Openings for summer positions shall be brought to the attention of the total teaching staff and any who feel qualified may apply.

J.        Change in Assignment

1.                   When changes in assignments are necessary, a list of positions open in other Newburyport Schools shall be made available to the teachers affected.

2.                   Preference on the basis of seniority of service in Newburyport shall be given consideration in the reassignment of rooms and schools.

3.                   Whenever possible teachers shall be assigned to teach subjects within the scope of their teaching certificates or their major or minor fields of study.

4.                   Teachers who will be affected by change of grade or subject assignment will be notified in writing and consulted by their principals before the end of the school year preceding change whenever possible.

K.       Teachers Who Work In More Than One School (Itinerant Teachers)

1.                   For those unit members who are assigned to work in more than one school building, a schedule for building duties and meetings will be determined and communicated to the unit member by the first day of school each year. This schedule may be subject to change with reasonable notice provided to the member.

2.                   A unit member who is assigned to more than one school building shall be observed and evaluated by a primary evaluator who is identified by September 15th of each evaluation year.

3.                   A unit member who is assigned to more than one school building in a given school day will be assigned the work day, i.e. start time and end time, of only one building. The work day will be identified to the member by the first day of the school year.

4.                   A unit member who is assigned to more than one school building in a given school day will be provided with a reasonable amount of time to travel from building to building, as well as time to set up and break down his/her class materials where necessary. Any issues with respect to reasonableness will first be discussed by the Superintendent and the Association President in an effort to resolve the concern.

5.                   A unit member who is assigned to more than one school building in a given school day will be reimbursed for mileage at the District rate. Said reimbursement will be made by the District following the conclusion of the school year.

6.                   There shall be at least one parking space designated at each school when an itinerant teacher is assigned to more than one school in a given school day.

ARTICLE XI –

Vacancies and Transfers

A.            Vacancies

All open positions in the school system shall posted in each building and on the School District’s web site during the school year, and in the case of vacancies which occur after the last day of school and prior to August 15, in lieu of the posting, the Superintendent or his/her designee shall notify the president of the Newburyport Teachers Association and shall mail notice to those teachers who have provided stamped self-addressed envelopes to the Superintendent or his/her designee at the beginning of the summer vacation. If a vacancy occurs after August 15 and prior to the first day of school, such vacancy may be filled without such notice. In filling such vacancies, all other qualifications being equal (such qualifications to include training, experience, teaching ability, the teacher’s evaluations and the judgment of the Superintendent and the appropriate principal), preference will be given to qualified teachers already employed by Newburyport Public Schools. All teachers covered by this agreement who make written application for such vacancies will be given the courtesy of an interview and a timely follow-up response. The parties agree that the decision of the Superintendent will be final and will not be subject to procedures provided in Article IV of this agreement.

B.            Transfers

Although the Committee and the Association recognize that some transfer of teachers from one school to another is unavoidable, they also recognize that frequent transfer of teachers is disruptive of the educational process and interferes with optimum teacher performance.

Therefore, they agree as follows:

1.                   When a reduction in the number of teachers in a school is necessary, volunteers will be transferred first.

2.                   When involuntary transfers are necessary, a teacher’s area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Newburyport School System will be considered in determining which teacher is to be transferred. Teachers being involuntarily transferred will be transferred only to a comparable position. An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his designee), at which time the teacher will be notified of the reasons for the transfer. In the event that a teacher objects to the transfer at this meeting, upon request of the teacher the Association will be notified and the Superintendent (or his designee) will meet with the Association’s representative to discuss the transfer.

3.                   A list of open positions in other Newburyport Schools will be made available to all teachers being transferred, and all other factors being substantially equal, preference will be given in filling such positions on the basis of length of service in the Newburyport School System. All such teachers will be given adequate time off for the purpose of visiting Newburyport schools at which such openings exist.

4.                   Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later than June 1.

5.                   Exceptions to the provisions of Section 1,2,3 and/or 4 above, may be made only if the Superintendent of Schools determines that it is necessary to do so in the best interests of the teacher(s) and/or school(s) affected. The association will be notified of every instance in which the Superintendent so determines. A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Three thereof.

6.                   Teachers desiring a transfer will submit a written request to the Superintendent or his/her designee stating the assignment preferred. Such requests must be submitted between September 1 and June 1 of each school year to be considered for the next school year. Request must be renewed each year. All requests will be acknowledged in writing.

7.                   Before a teacher is transferred permanently to a particular school, the principal of the school in question will be consulted regarding said transfer.

ARTICLE XII –

Protection of Teachers

1.                   A teacher will not be reprimanded by a principal or other supervisor in the presence of pupils, parents or other teachers.

2.                   Any teachers accused by a pupil, parent, or other person of improper conduct shall have the right to counsel and Association representation in any meetings to investigate same.

3.                   An administrator to whom a written or oral complaint against a teacher is made will, where appropriate, first refer the complaint to the individual about whom the complaint was made. If the complaint cannot be resolved between the two individuals or if the complaint is of such a substantial nature that it should be handled by an administrator in the first instance, then, within three (3) school days, except in unusual circumstances beyond the control of the administrator(s), the administrator will notify the teacher that a complaint has been received and will be investigated. Complaints will be handled and investigated in a timely manner. As part of any investigation the teacher will be given the opportunity to have an Association representative present and to respond to the complaint.

4.       No teacher shall be disciplined, suspended or discharged without just cause.

ARTICLE XIII –

Policies Regarding Pupils

A.            Evaluation

The evaluation of the pupil by the classroom teacher shall be given prime consideration in determining whether or not a pupil who fails a given academic subject during the regular school year will be permitted to make up this/these subject(s) during a summer session. It is understood that the final decision shall be made by the principal.

B.            Promotion and Retention

The evaluation of the pupil by the classroom teacher shall be given prime consideration in determining the promotion or retention of the pupil. The teacher shall submit for the approval of the principal a clear explanation of all the factors in his evaluation of pupils and shall, when requested to do so, present his rank book for inspection by the principal. It is understood that the final decision shall be made by the principal.

ARTICLE XIV –

Sick Leave

A.            Annual Allowance

In any school year, an employee may be absent for fifteen days because of personal illness and receive full pay. The Superintendent of Schools or his/her designee may request a doctor’s certificate for any period of declared sickness. The annual allowance of sick days shall accrue to each member of the bargaining unit at the rate of 1.5 days per month commencing on the last day of September in each school year, and shall continue to accrue at said rate on the last days of each month on the school year thereafter, while said member continues in employment. This rate of accrual may be accelerated because of hardship or for other good reason shown, at the discretion of the School Committee.

B.            Cumulative Sick Leave

Cumulative sick leave as herein defined is the sum of all unused portions of an employee’s annual allowance of fifteen (15) days. A written notice of application for benefits under the cumulative sick leave rule must be accompanied by an additional statement of the beneficiary’s physician and must be presented to the Superintendent of Schools or his/her designee within ten (10) days after commencement of the cumulative period. Thereafter at the end of each two weeks the beneficiary shall file with the Superintendent of Schools or his/her designee an absentee’s certificate of disability, signed by his or her physician. The School Committee reserves the right to require the certificate of the School Physician in addition to the above certificate.

Failure to comply with the regulations governing the cumulative sick leave plan suffices to deprive the applicant of participation therein. In any current school year, an employee shall be entitled to his/her current sick leave allowance, and in conformity with above, that portion of his/her cumulative sick leave which has accrued.

C.            Retirement Benefits

(For teachers hired prior to June 30, 1995.)

1.             Upon their retirement, teachers shall be paid fifty percent (50%) of the daily rate of pay in the last year of service for each unused day of cumulative sick leave up to a maximum of one hundred and sixty-five (165) days.

Teachers planning to retire shall give notice prior to the establishment of the budget for the year in which retirement is to become effective, or in the event that a teacher does not give such notice, for whatever reason, the retirement sick leave benefits will be paid during the subsequent budget year.

Retirement sick leave benefits will be extended to the estate of a teacher, the beneficiary, or the beneficiary’s representative in the event of death during service.

2.             Effective school year 2006-2007, all teachers hired after September 1, 1995 shall be eligible to participate in a tax deferred compensation plan (403B) of the employee’s choosing. The School Committee shall provide a matching contribution of between $100 and $500 (in $100 increments) at the beginning of the employee’s fourth (4th) year of consecutive service only if the employee contributes a matching amount to the annuity plan. A general notice to all eligible staff shall be issued annually informing staff of this opportunity and inviting them to participate. In order to participate in this benefit, the employee must designate in writing an annuity company to the business office within the time specified in the notification letter issued by the Business Office, with such notification letter being issued by the Business Office no later than November 15 of each contract year.

D.            Sick Leave/FMLA Leave

When an eligible teacher, (i.e. a teacher who has completed one full academic year of continuous service as a full-time employee), utilizes sick leave, whether from the Sick Leave Bank or his/her own accumulated sick leave, for a serious health condition, such leave will be deducted from the teacher’s entitlement to (12) weeks leave under the FMLA.

E.            Sick Leave Bank

1.             Effective September 1, 1976, a sick leave bank shall be established for use by eligible members of the professional staff covered by this Agreement who have serious illness or accident which results in exhaustion of an individual’s accumulated sick leave.

2.                   On September 1, 1976, members of the professional staff covered by this Agreement shall each contribute one (1) day of their annual fifteen (15) days of sick leave in order to fund the bank.

3.                   The initial grant of sick leave by the bank committee to an eligible employee shall not exceed thirty (30) days.

4.                   Upon completion of the thirty (30) day period, the period of entitlement may be extended by the sick leave bank committee upon demonstration of need by the applicant. The maximum days granted an individual will not exceed one hundred fifty (150) days.

5.                   Any sick leave granted under the provisions of this Section shall expire at the end of the applicable school year.

6.                   The sick leave bank shall be administered by a sick leave bank committee consisting of four (4) members. Two (2) members shall be designated by the Committee to serve as its discretion and two (2) members shall be designated by the Association. The sick leave bank committee shall determine the eligibility for the use of the bank and the amount of leave to be granted. The following criteria shall be used by the committee in administering the bank and in determining eligibility and amount of leave.

i.              Adequate medical evidence of serious illness.

ii.             Prior utilization of all eligible sick leave. When the unused sick leave bank days reach fifty (50) days, it shall be increased by the contribution (assessment) of one additional day of sick leave by each member of the professional staff covered by this Agreement. Additional contributions (assessments) will be deducted from the teacher’s annual sick leave. The decision of the sick leave bank committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.

ARTICLE XV –

Temporary Leaves of Absence

 A.      Personal Leave

1.                   The parties recognize that absences impact the educational process. Teachers will be allowed up to four (4) days leave of absence for religious, personal, legal business, household or family matters which require such absence during school hours.

2.                   It is the policy of the School Committee to be reasonable in meeting such needs of the staff. The school department assumes that personnel will be equally reasonable in requesting such leave only under the following conditions:

a.             The situation is one which occurred suddenly, or is of such a nature that pre-planning is not possible or such pre-planning could not have eliminated the need for the leave.

b.             The situation is serious and unavoidable and of major importance, not one of mere convenience.

c.             The matter is one which cannot be postponed to, or resolved after, school hours.

3.                   Application for personal leave will be made on the Personal Leave Request Form presently in use, for approval of the Principal. Such application will be made at least twenty-four (24) hours before taking such leave (except in cases of emergency). Said approval will not be unreasonably withheld.

4.                   Personal leave should not be taken the day(s) before or after a vacation. However, a teacher may request the use of a personal day before or after a vacation period due to extenuating or serious circumstances. Such a request must be made in writing to the Superintendent or his/her designee who may approve the use of a personal day in these circumstances.

5.                   Requests for use of consecutive personal days in excess of two consecutive days will be granted only on approval by the Superintendent or his/her designee.

B.            Funeral Leave

For a period not exceeding three (3) days, full pay will be granted in the case of death in the family (husband, wife, parent, grandparent, child, brother, sister). The same privileges will be granted for absence due to the death of a relative with whom the employee is living. An employee will be allowed absence for a single day with pay to attend the funeral of a friend or a distant relative.

C.            Military Leave

1.                   Professional personnel called upon to serve, or who volunteer for service in the Armed Forces and who serve continuously for six (6) months or longer shall be granted a leave-of-absence for their term of duty, and shall be reinstated on the salary schedule one (1) Step above that at which they left by the September following the end of their service duty.

2.                   Any teacher who must be absent from school to fulfill military obligations because of membership in an active reserve unit of the Armed Forces, provided he is ordered to duty, shall be paid the difference of his full salary as a teacher and his compensation as a reservist up to seventeen (17) calendar days of such leave. If such leave is granted over seventeen (17) calendar days no pay shall be given. Such time shall not be counted as sick or personal leave.

D.            Court Appearance

When an employee is summoned into Court as a witness during school hours, the School Department will pay the difference between the full salary and the full compensation for serving as a witness for up to three (3) days per school year, provided that the employee has previously utilized his four (4) days leave of absence pursuant to Paragraph A above. The requirements to use personal days shall not apply to job related appearances. This paragraph shall be subject to the same condition as Paragraph A above.

E.            Jury Duty

An employee shall receive his full compensation minus a deduction for his juror’s pay when required to serve as a juror during the school year. The teacher shall make every effort to obtain permission from the Court to serve as a juror during a period when school is not in session.

F.             Religious Leave

A teacher whose religious faith requires in the usual observance of religious holidays of that faith that he be absent from work for one or more full teaching days shall have the above limit extended by the number of such holidays that occur during the school year.

G.            Quarantine

When the Board of Health places an employee under quarantine for a period of a week or less, there shall be no loss in salary.

H.      Personal Injury

Teachers shall be paid during an extended absence as a result of personal injury suffered in the course of employment. The pay shall be the teacher’s normal salary less the amount of Workmen’s Compensation.

I.        Parental Leave of Absence

1. A parental leave of absence shall be granted upon request to any qualifying employee for the purpose of giving birth to and/or rearing a newly born infant. Further, a parental leave of absence shall be granted upon request to any qualifying employee for the purpose of the adoption, the foster placement, and/or rearing, of a newly adopted, or newly placed foster child, seven (7) years or younger, or in the case of a child who is physically or mentally disabled, twenty-two (22) years or younger.

In order to qualify for the parental leave of absence:

a.  The employee must have completed one full academic year of continuous service as a unit employee.

b.     As soon as practicable after the female employee determines that she is pregnant, she shall inform the building principal.

c.     The employee shall notify the Superintendent or his/her designee, in writing, at least 45 school days prior to the probable date said leave or disability is to commence or as soon as is practicable. At the time of the notification, the employee shall select, in writing, one of the following options:

1.     Extended leave without pay for up to one (1) year - A female employee is entitled to use earned sick leave for certified disability resulting from childbirth and recovery therefrom during the period of this leave. Up to the first twelve (12) weeks of such leave shall be considered leave pursuant to the Family Medical Leave Act (FMLA), depending upon the employee’s eligibility.

A. An employee on an extended leave pursuant to Section C(1) may return to work at the beginning of a school year or the beginning of the second semester.

2.     Leave of up to twelve (12) weeks duration pursuant to the Family Medical Leave Act 1993 (FMLA leave), depending upon the employee’s eligibility - A female employee is entitled to use earned sick leave for certified disability resulting from childbirth and recovery therefrom during the period of this leave.

A. An employee on a FMLA leave has the right to return to work at the conclusion of up to twelve (12) weeks FMLA leave.

3.     For those employees who have not completed one full academic year of full time service, but who have completed more than three (3) months of service, he/she may be granted up to eight (8) weeks of leave of absence pursuant to G.L. c.149, §105D, with entitlement to use earned sick leave during the certified period of disability due to childbirth and recovery therefrom.

A. An employee on a leave pursuant to G.L. c.149, §105D has the right to return to work at the conclusion of a leave of up to eight (8) weeks.

d.     An employee on leave shall retain all rights held prior to such leave. However, she/he shall not advance in increment unless he/she taught at least ninety (90) school days in the school year in which the leave commenced.

e.     While an employee is on the FMLA leave, the Committee shall continue its contribution toward the employee’s health insurance premium, provided that the employee makes timely payment of his/her contribution toward the health insurance premium. An employee on an unpaid, non-FMLA leave of absence may continue his/her insurance coverage during the leave of absence provided that he/she pays 100% of the monthly premium.

f.   Notice of Return to Work

1.       Extended Leave: An employee on an extended leave pursuant to Section 1(c)(1) above shall notify the Superintendent or his/her designee by March 1 (if she/he were scheduled to return at the beginning of the school year) whether or not she/he is going to return to work at the beginning of the school year. An employee on an extended leave pursuant to Section 1(c)(1) above shall notify the Superintendent or his/her designee by September 1 if she/he were scheduled to return to work at the beginning of the second semester whether or not she/he is going to return to work at the beginning of the second semester.

2.       FMLA Leave: An employee on FMLA leave shall notify the Superintendent or his/her designee at least four (4) weeks prior to his/her scheduled date of return from leave whether or not she/he intends to return to work.

J.   FMLA Leave for Serious Health Condition

1.       An eligible employee may be entitled to up to twelve (12) weeks of unpaid leave of absence per contract year due to his/her own serious health condition or the serious health condition of a member of his/her immediate family. In addition, that employee may be entitled to use sick leave during the 12 week leave (or any portion) provision to Article XV. Fact sheets from the Department of Labor which describe the terms of this leave are available from the Superintendent’s office.

2.       An eligible employee shall apply in writing for such leave at least four (4) weeks in advance of such leave, unless extenuating circumstances prevent such notice, in which case the employee shall provide as much notice as possible. As part of the application, the employee shall submit a Department of Labor certification of health care provider. Copies of this form are available from the Superintendent’s office.

3.       While an employee is on approved FMLA leave, the Committee shall continue its contribution toward the employee’s health insurance, if the employer is insured through the school department provided that the employee makes timely contribution toward the health insurance premium.

4.       Prior to an employee’s return from FMLA related to his/her own serious health condition, the Superintendent may require a fitness for duty certificate from the employee’s health care provider.

ARTICLE XVI –

Sabbatical Leaves

After seven (7) years of continuous service in the Newburyport Public Schools, a teacher may apply for Sabbatical Leave for approved study and research. The Committee may grant such leave on the following conditions.

1.             That the teacher be properly certified in the State of Massachusetts at the time of making the application.

2.             That the application be in writing to the Superintendent of Schools or his/her designee on or before November 15 of the school year.

3.             That it be a requirement that if such leave is granted, that a member of the staff who is granted this leave must enter into a written agreement with the Committee that upon termination of such leave he will return to serve in the Newburyport Public Schools for a period equal to twice the length of such leave and that, in default of completing such service, he/she will refund the City of Newburyport, an amount equal to such proportion of salary received by him/her while on leave as the amount of service actually rendered as agreed, bears to the whole amount of service agreed to be rendered.

4.             Sabbatical leave will be granted on the basis of one-half pay for the period of the leave. No such leave will be extended for more than one(1) full academic (school) year.

5.             Such leave shall be recommended by the Superintendent before Committee approval is granted.

6.             No more than the ratio of one per hundred full-time teachers or major fraction thereof on the staff may receive Sabbatical Leave in any one year.

7.             Teachers returning after such leave shall not suffer any loss of benefits prior to taking such leave.

8.             Time spent on Sabbatical Leave shall be recognized on the salary schedule as equivalent to time spent in teacher in the Newburyport Schools.

9.             Salary payments shall be made on a ten (10) months monthly basis.

ARTICLE XVII –

Insurance and Hospitalization Benefits

1.                   The City of Newburyport and the Committee shall pay 75% of the cost of any hospital, medical and surgical insurance plan or program in effect during this Agreement and 75% of the cost of a $5,000 life insurance policy. The City will also offer an HMO designated by the Group Insurance Advisory Committee, subject to the same rate.

2.                   The City and the Committee will continue to provide comprehensive, medical and dental insurance plans at the current cost ratio, benefits and level of benefits which are currently in effect. The contribution rates may change at the regular renewal period for the plans. Notice shall be provided by the City Treasurer to all employees during the month of July.

3.                   Should any mandatory changes occur in the State Statue (32B) effecting health and welfare plans, this agreement will be immediately reopened for negotiations on this subject.

4.             The parties agree to implement a restricted Cafeteria Benefits Plan to meet IRS requirements, but limited to the employees share of life insurance and medical insurance premiums paid through payroll deductions.

ARTICLE XVIII –

Conflict with Law or State Regulations

No part or provision of this Agreement or any appendix attached hereto which is in conflict with any law or regulation of the State Department of Education shall prevail over such law or regulations while such conflict exists.

ARTICLE XIX –

 In-Service Education, Professional Development and Course Reimbursement

A.    Philosophy

Both the Newburyport School Committee and the Newburyport Teachers Association recognize the importance of all teachers continuing to enhance their own professional development to better serve the educational needs of the children of Newburyport.

B.    Professional Development Council

1. There shall be a Professional Development Council (PDC) composed of one (1) teacher from each elementary school; two (2) teachers from the Middle School; two (2) teachers from the High School; three (3) administrators or supervisors; the Assistant Superintendent. The PDC will be co-chaired by a representative of the teachers and a representative of the administration.

2   The Professional Development Council shall have the following duties:

a. The PDC will plan, organize, and review the Professional Development activities of the school system.

b    The PDC will recommend to the Superintendent an annual budget for professional development.

c.     The PDC will review all requests for in-service credits and make a recommendation to the Superintendent. The guidelines and procedures will be developed as stated in Section C.

d.     On an annual basis, the PDC will receive a list of the courses for which teachers received reimbursement according to D. Tuition Reimbursement.

e.     It shall be the responsibility of PDC members to communicate the training needs of the teachers within their buildings, especially the training needs related to new or existing curricula.

3. Teachers who are members of the Professional Development Council shall receive an annual stipend based upon the Matrix for Options Beyond the Salary Schedule in Article XXIV – Leadership Positions of the Agreement.

C.       In-Service Program

1.       Both parties recognize the need for continued professional development through the continuing development of the skills and knowledge of the professional staff.

2.       Professional development activities are recognized through the salary schedule and by means of reimbursement for tuition costs upon recommendation by the Professional Development Council and approval of the Superintendent.

3.       Program for In-Service Credit

This program will provide in-service credit to be awarded on an annual basis and used for horizontal movement on the salary schedule for activities based upon the criteria described herein.

a.     The teacher seeking such credit shall submit a proposal on the Individual or Group In-Service Credit Proposal Form, and forward such form to their building principal. Principals will indicate their recommendation regarding the proposal and forward the form to the Professional Development Council (PDC), who will indicate an initial approval of the proposal.

b.     In-Service Credit may be offered to groups or individuals, by the school system, for courses or projects with system-wide impact. In those cases the Assistant Superintendent will present the proposed course or project to the Professional Development Council for their review against the criteria described.

c.     All in-service credit must meet the following:

1.       In-service credit will be awarded based on 12 hours equaling one (1) in-service credit and must be similar in quality and/or rigor to graduate level course work.

2.       In-service credit must be related to one or more of the following:

       District and school goals

       Individual recertification needs

       Newburyport Public Schools curriculum and the Massachusetts Curriculum Frameworks and may be completed in the following ways:

       Courses/workshops

       Individual or committee work

       Study groups

3.     All work must be accomplished outside of the teacher’s regular work-day and such time must not be compensated for in any other manner.

4.       The Professional Development Council (PDC), will determine final approval based on completion of a final product, as outlined on the In-Service Credit Proposal form and will forward their recommendation for the awarding of in-service credit to the Superintendent or designee.

5.       A course for which both in-service credits and graduate credits are offered and which is identical in content and rigor to a graduate level course, as determined solely in the discretion of the Director of Curriculum, shall be eligible for horizontal movement on the salary schedule and for tuition reimbursement. The teacher has to present evidence that the course is identical in content and rigor to the graduate level course and the institution granting such graduate credit is an accredited institution.

6.       Teachers may be required to explain the relationship of their proposal to their Individual Professional Development Plan, but will not be required to submit a copy of that Plan to the PDC.

7.       Denial of any approvals required hereunder shall not be subject to challenge. However, the reason(s) for such denial will be provided to the teacher.

d. Teachers who have attained Bachelors+15 status on the salary schedule will not be eligible for In-Service Credits until they earn a Masters degree from an accredited college or university, but instead will be eligible for a stipend payment based on Options Beyond the Salary Schedule (Article XXIV). Similarly those teachers who were grandfathered into the Master’s Equivalent status on the salary schedule will not be eligible for in-service credits unless and until they attain a Master’s Degree from an accredited college or university. Instead, they will be eligible for a stipend payment based on Options Beyond the Salary schedule (Article XXIV). Determination of such stipend payments will be based on Level I of Options of Beyond the Salary Schedule. Any questions which may arise related to the level of the Options Beyond the Salary Schedule matrix, may be appealed to the Superintendent. In the unlikely event that funds are unavailable, teachers will be notified in writing of that fact in advance of participation in an activity/course.

D. Tuition Reimbursement

A teacher shall be reimbursed fifty percent (50%) of the tuition cost of courses taken at an accredited college or university subject to the following conditions:

1. The course must be approved in advance by the Superintendent or his/her designee.

2   The course must be part of a planned program to enhance the competence of the teacher in his/her present position, and normally one that would be part of a degree program. Other courses may be approved at the discretion of the Superintendent or his/her designee.

3. The teacher must achieve a grade of at least B or its equivalent and shall submit a record of the grade to the Superintendent or his/her designee.

4.       The teacher shall pay the entire tuition fee and shall be reimbursed on the successful completion of the course as provided herein. A received copy of the tuition bill shall be submitted to the Superintendent or his/her designee as evidence of the cost of the course.

5.       To be eligible for tuition reimbursement as provided in this article a teacher shall be planning to continue his employment in the Newburyport Public Schools during the year following the year in which the course was taken. Payment for courses taken during a summer session will be made only to teachers who return in September.

6.       Reimbursement for tuition will be limited to eight hundred dollars ($800) per contract year, per teacher. All requests for the first course reimbursement will be met prior to a teacher receiving any additional reimbursement.

7.       The Committee agrees to budget the sum of fifteen thousand dollars ($15,000) for tuition reimbursement as provided in this Article.

8.       Monies for tuition reimbursement shall be split equally among summer, first semester and second semester coursework. Monies that are not used in one triad will be carried forward and used as part of the next triad. Any money remaining at the end of the third triad will first be used to reimburse members whose first course was not paid due to a lack of available funds in a given triad. Any monies remaining after those payments will then be evenly distributed among unit members who took more than one course. A tally of the monies expended for each section shall be sent to the Association president.

9.       In school years 2011-12 and 2012-13, the School Committee will budget $10,000 in each year, which will be allocated as a separate pool of money for reimbursement to any teacher taking courses towards an advanced degree (example: a Masters, CAG’s or a Ph.D) (hereinafter referred to as “the advanced degree tuition reimbursement monies”). These monies will be in addition to those available under Paragraph 7, above, and a separate application form will be used to access the advanced degree tuition reimbursement monies. Monies from advanced degree tuition reimbursement funds shall be split equally among summer, first semester and second semester coursework. Monies that are not used in one triad will be carried forward and used as part of the next triad. Any money remaining at the end of the third triad will first be used to reimburse members whose first course was not paid due to lack of available funds in a given triad. Any monies remaining after those payments will then be evenly distributed among unit members who took more than one course. A tally of the monies expended for each section shall be sent to the Association president.

E. The Committee will pay for registration, tuition and course materials for any course it requests a teacher to take.

ARTICLE XX –

Exchange Teachers

The Committee has the right to establish a program whereby teachers may, with their agreement, be exchanged for teachers in other school districts in the United States or a foreign country. Procedures to be utilized in such an exchange program shall be recommended by the Superintendent, and shall include, among other appropriate provisions, the following:

1.       All rights and privileges of the Newburyport teacher shall remain in effect.

2.       The exchange teacher shall be placed on the salary schedule in accordance with his experience and training.

ARTICLE XXI –

Professional Conduct

A.    Extended Vacations

Established and publicized school vacations are not to be extended by professional staff members, except for extraordinary reasons approved in advance by the Superintendent. “In advance” shall be interpreted to mean in advance of the day on which a school vacation begins. If such “extraordinary reasons” occur during the vacation period, the professional staff member shall notify the Superintendent immediately by the best possible means. Teachers may be asked by the Superintendent for written explanations of such extensions. Violations of this article shall subject the violator to appropriate administrative remedies.

B.    Resignations

A teacher may resign for reasons of illness, pregnancy, or other similarly justifiable reasons by submitting a letter of resignation at least (30) days in advance of the proposed final day of work, unless the contract has been terminated by mutual consent or School Committee action. Violations of this article shall subject the violator to appropriate administrative remedies and upon notification, the Teachers Association shall refer the matter to its P R & R Committee for appropriate action.

ARTICLE XXII –

Conduct of Association Business

A.    Leave for Association business such as:

1.       NEA, NTA, MTA conferences shall not be unreasonably denied.

2.       Normal local Association business should take place after school hours.

3.       In the event, the Association President is required by the Administration to be present for a meeting(s) during the school day, the Administration will replace the President with a substitute which will be at Committee expense.

4.       If the Association President is required by the N.T.A. to be present for a meeting(s) during the school day, the Administration will replace the President with a substitute which will be at N.T.A. expense.

B.    The Committee shall make available to the Association the minutes of its meetings.

C.    Mail boxes and bulletin boards will be available for Association business.

D.    The Association shall furnish the Superintendent with a list of its officers, members and members of its standing committee as soon as they are appointed and shall notify him of any changes that occur thereafter.

E.    The Association shall furnish the Superintendent with the names of any person or persons empowered by it to conduct negotiations with the School Committee, and in the case of any such person who is not a member of the professional staff of the Newburyport Public Schools, the Association shall furnish information relative to the professional affiliations of that person and his relationship to the Association. The Committee agrees to furnish the same information to the president of the Teachers Association.

ARTICLE XXIII –

Evaluations

A.    The Association and the Committee agree that the evaluation of professional personnel is essential to the improvement of professional performance, and to the fulfillment of the responsibility of both parties to provide educational services of high quality for all of the children in the schools.

B.    The Association and the Committee agree that evaluation procedures (See Appendix J) shall be primarily concerned with helping teachers to improve their professional performance.

C.    1. The PERFORMANCE EVALUATION for both teachers with and without Professional

Teacher’s Status in Newburyport will be for the stated purposes contained within the M.G.L. c.71, Section 38 and 603 CMR 35.00:

a.     to provide information for the continuous improvement of performance exchange of information between the person being evaluated and the evaluator and;

b.     to provide a record of facts and assessments for personnel decisions.

2.       The observation of a teacher’s performance in the classroom constitutes a part of the total evaluation process, but it is not the exclusive factor in the evaluation of professional performance.

3.       All observation and evaluation of a teacher shall be done openly, with full knowledge of the teacher, and on the basis of known, observable, and relevant criteria.

4.       If any written report is made concerning a teacher, which is to be placed in the teacher’s file, the teacher shall be given a copy of such report before it is filed. The teacher shall sign the file copy to acknowledge that he has seen the report prior to its filing. The teacher’s signature shall not be construed as agreement with the contents of the report.

5.       A teacher who disagrees with the contents of any such report shall have the right to submit a written commentary which shall be placed with the report in his personnel file.

6.       Inspection of personnel records shall be governed by Chapter 71. Section 42C of the Massachusetts General Laws.

7.       In the event a teacher’s performance is determined to be in need of improvement, an Individual Improvement Plan will be developed by the evaluator. It will include the specific area(s) needing improvement; the resources/assistance which the system will provide to the teacher; and will require a teacher’s commitment to improvement within a reasonable period of time.

8.       The Superintendent is responsible for ensuring that all evaluators have training in the principles of supervision and evaluation and have, or have available to them, expertise in the subject matter and/or areas to be evaluated.

9.       Appendix J shall be the Performance Standards and Performance Evaluation of the Newburyport School System.

ARTICLE XXIV –

Leadership Positions/Stipended Positions

A. Options Beyond the Salary Schedule

The Options Beyond the Salary Schedule Matrix is the result of a Joint Study Committee report which devised a framework for determining equitable compensation for teachers who contract to take on responsibilities beyond those expected of all teachers. The framework is designed to provide our system with flexibility to create new and modified positions, while ensuring that similar positions are compensated similarly across the system. The parties have agreed to include these as part of the agreement.

The compensation Matrix would be used to “level” a stipended position based on its job description. The Superintendent and the Association President will review all stipended positions annually, and will review the proposed compensation against the Matrix. Some discretion will be required in positioning stipends within the benchmarks of the Matrix, but each decision must be supported by a rationale based on the criteria of work load and responsibility set forth in the Matrix.

A number of assumptions underlie the provision:

1   Only positions with a term of at least one (1) year will be reviewed in the context of the Matrix. Short-term assignments for which a stipend is paid are not included in the Matrix. However, summer curriculum work throughout the school year may be included within the Matrix. Such short-term assignments shall be paid at a rate of not less than twenty-five dollars ($25.00) per hour.

2. All positions will have a job description in place before a stipend is determined. Job descriptions for stipended positions should include an estimate of the time required to perform the tasks outside the school day and year.

3.       Job descriptions and compensation for all stipended positions will be reviewed annually by the Superintendent and the Association President. The term of a stipended position is one year.

4.       Prior to a teacher’s commencement of work, the following details will be put in writing, signed and dated by both the teacher who has been appointed to the contracted position, as well as the administrator who created/sponsored the position:

a.     A detailed description of the work expected of the teacher;

b.     Any document/form that must be completed and submitted in order for the teacher to receive payment; and

c.     The expected level of compensation for the position.

5.     Payment for work completed under Article XXIV will be disbursed to the teacher no later than four (4) paychecks after the completed work has been submitted to the responsible administrator, and the responsible administrator has confirmed the completeness of the submitted documentation.

B. The Matrix:

1.       The task words used to define each level are cumulative for each higher level. That is, a level 3 position includes some or all of the tasks from levels one and two in addition to those specific to level 3.

2.       Not every word used to describe a level will be found in every job description. Rather, the words serve to define a level of responsibility and activity that would be expected of a teacher at that level.

3.       Each level has a base stipend and an estimate of the minimum time outside the school day and year to be dedicated to the position. Criteria for moving forward the maximum stipend are spelled out in terms of time (for levels I and II) and in terms of people supervised (for level III). Both criteria are designed to match compensation with work load.

4.       The mid-range stipend is a benchmark between the minimum and maximum, but does not preclude stipends falling at other points between the two extremes. The workload criteria may be used to level jobs at any point between the minimum and the maximum.

Level

Descriptors

Base Stipend/

Mid Range Stipend

Max Stipend

 

 

Time on Task

 

 

I

Plans

$500

$750

$1,000

 

Develops

+ 1 week

+ 1 week

+ 1 week

 

Communicates

outside

outside

outside

 

Organizes Lists

school year

school year

school year

 

Assesses

+ ≤ 36 hours

+ > 36 ≤ 72

+ > 72 hours

 

Designs

outside

hours outside

outside

 

Surveys

school day

school day

school day

 

Implements

 

 

 

 

Set goals

 

 

 

II

Initiates

$2,000

$3,000

$4,000

 

Builds consensus

+ 2 weeks

+ 2 weeks

+ 2 weeks

 

Analyzes

outside

outside

outside

 

Collaborates

school year

school year

school year

 

Researches

 

 

 

 

Catalyses

+ ≤ 36 hours

+ > 36 ≤ 72

+ > 72 hours

 

Facilitates

outside

hours outside

outside school

 

Directs

school day

school day

day

 

Plans Agendas

 

 

 

 

Models behavior

 

 

 

 

Mentors

 

 

 

III

Observes

$2,500

 

 

 

Judges

+ 3 weeks

 

 

 

Sets standards

outside

 

 

 

Determines

school year

 

 

 

direction

- 40% release

 

 

 

Decides

time from

 

 

 

Manages

teaching

 

 

 

Evaluates

duties

 

 

 

Recommends

 

 

 

 

Supports

$250

 

 

 

Plan programs

per person

 

 

 

Mediates

“supervised”

 

 

C. Other Stipended Positions

1.       The Instructional Media Coordinator’s stipend shall be $2,750 annually.

2.       Teachers of Kindergarten shall receive $100 in addition to their basic salary.

3.       Teachers of self-contained special needs classes shall receive $500 in addition to their basic salary while so serving.

4.       Employees who have been appointed master teachers prior to the execution of the 2005-2008 collective bargaining agreement shall continue to receive the $1,000 stipend per contract year so long as they are continuously employed by the Newburyport School Committee.

5.       Virtual High School (VHS) Positions

VHS Coordinator: This shall be a stipendiary position with an annual stipend of $5000. It is envisioned that the VHS Coordinator duties would be in addition to the unit member’s regular teaching duties. There would be no release time granted from those duties.

VHS Teacher: This teaching position will be comprised of a .8 FTE Newburyport High School position and a .2   FTE VHS teacher position. There will be no release time granted from the .8 NHS contractual responsibilities.

Notwithstanding the respective working conditions of the two positions referenced above, it is understood for the Fall 2009 semester, one individual may be called upon to serve in a combined capacity: as both the VHS Coordinator and the VHS Teacher. In such case, the individual will be employed under the working conditions for a VHS Coordinator (a 1.0 FTE teacher who serves as a Coordinator outside his/her regular duties for an annual stipend of $5,000.00) who also performs an additional .2 FTE as the VHS Teacher, for which he/she is compensated. As such the individual would be working as a 1.2 FTE.

The Parties agree to meet at the conclusion of the 2009-2010 school year to review the actual job duties as performed by these positions.

D. The Parties agree to form a sub-committee to review all existing stipendiary positions, including but not limited to issues related to job duties, time, responsibilities and appropriate compensation. The term “stipendiary positions” is intended to include those positions covered by Appendix B of the Collective Bargaining Agreement, coaches covered by Appendix D, as well as Leadership positions referenced at Article XXIV, including but not limited to CAB, BLT, and Department Head assignments. The Superintendent and the Association President shall meet to establish the composition of the sub-committee. The work of the subcommittee will include a review of the existing language and matrix set forth at Article XXIV. The Subcommittee will report their recommendations to the parties for ratification.

ARTICLE XXV –

Reduction In Force

A. Definitions:

1. Seniority:

An employee’s total length of service in years, months and days in the employ of the Committee, except as modified hereunder:

a.     Teachers who resign and later return to the system will receive seniority credit for one-half the number of total days worked each year, not to exceed ninety-one (91) days in any school year, for each of those school years prior to their resignation(s).

b.     Part-time teachers shall be granted full credit for service occurring prior to September 1, 1983. Thereafter, a part-time teacher shall receive proportionate credit based on the total number of days worked each year.

c.     Unpaid leaves of absence shall not be counted toward seniority but shall not constitute a break in seniority. Employees shall be credited for seniority purposes up to a maximum of one year with time spent on any paid leave of absence provided for in this agreement.

d. In the event of equal seniority, continuous service in the employ of the Committee shall govern. If continuous service is equal, the Superintendent shall apply the “head and shoulders” standard of Section B,5 hereof to the unit members. The Superintendent shall notify the affected teacher (s) in writing.

2.     Part time Teachers:

A teacher who works a portion of a day, week or year.

3.     Qualified: Shall in this article mean the following:

a.     Appropriate Certification

b.     Having taught a course successfully for one year in the department

4.     Recall

The effective period of the recall list would be from September 1, immediately following their layoff through August 31, two years following their layoff. Vacancies which occur during this period shall be filled from the recall list outlined in this agreement.

5.  Departments:

Pre-K

6-12 Departments

English

Mathematics

Science

History

Technology Education

Foreign Language

- Latin

- French

- Spanish

- German

K-12 Departments

Guidance

Art

Music

Physical Education/Health/Wellness

School Nurse

Library Teacher

Special Education

Technology

If other categories are created during the life of the Agreement, the parties will determine where they shall be placed in the classification.

B. Procedures

1.       Reduction-in-force will be achieved first by attrition, including but not limited to resignation, retirement, death or the non-renewal of a teacher without professional teacher status.

2.       If layoffs of unit members with professional teacher status are then needed, then no teacher with more than three years of continuous service shall be laid off if there is a teacher with less than three years of service in the system whose position the teacher is qualified to fill.

3.       The Committee shall have the sole discretion in determining which position or positions or which type of types of positions are to be eliminated.

4.       In the even of reduction-in-force, it is recognized by the parties that the assignment and transfer sections of this Agreement will be administered to provide for the retention and recall of staff under this Article.

5.       Seniority shall determine retention and layoffs shall occur in reverse of order of seniority. If however, the junior teacher in a department can be demonstrated to be “head and shoulders” above an individual member in the department senior to him, the junior teacher may be retained. If the next most junior teacher in a department can be demonstrated to be “head and shoulders” above an individual member of the department senior to him, he, too, may be retained and the next most junior teacher shall be laid off. If layoff occurs by seniority, such action is not grievable. In the event an administrator is returned to this bargaining unit, the “head and shoulders” standard does not apply and the most junior teacher shall be laid off. An administrator who returns to this bargaining unit shall be credited with one-half of the number of years of service accrued while serving in an administrative position, in addition to any years of service previously accrued as a member of the teachers bargaining unit. To demonstrate “head and shoulders” superiority, the following criteria shall be used in order:

a.     Evaluation of the two (2) most recent successive years.

b.     Nature and diversity of certification.

c.     Previous teaching experience in and out of Newburyport.

d.     Academic background, including degree status and courses taken in major and minor fields of study.

6.     A teacher with professional teacher status who is scheduled to be laid off may “bump” a less senior teacher in another department if he is certified and has taught a course successfully for one year in the department. A teacher may be prevented from bumping into another department if the assignments of the members of the department cannot be adjusted to accommodate the entry of the teacher into the department. A reasonable effort shall be made to adjust the assignments.

7.       For purposes affecting consideration of professional teacher status and/or seniority, an employee whose position still may not be eligible for formal inclusion under the state’s professional teacher status laws shall be considered to have professional teacher status if the employee has received in that position a fourth consecutive appointment or has otherwise met the requirements and provision of MGL CH. 71 S. 41.

8.       Nothing in the Agreement shall prevent a teacher from volunteering to be laid off, should he so choose.

9.       All teachers to be affected by a reduction-in-force shall be notified in accordance with (a) or (b) below to be effective the subsequent September 1.

a.     Employees who are to be laid off for reasons of economy (budgetary reasons) will be notified in writing of such layoff within fifteen (15) days of the date on which the Newburyport City Council formally adopts the Newburyport Municipal Budget.

b.     Employees who are to be laid off because of decrease in pupil enrollment, changes in curriculum or any reason other than 9(a), will be notified in writing of such layoff within fifteen (15) days of the date on which the school committee formally adopts the school budget.

The notification shall include a statement or reason (s) for the reduction-in-force as it pertains to the individual teacher. A copy of any such notifications shall be sent contemporaneously to the President of the Association.

C. Recall

1.       During the recall period, teachers affected by a reduction-in-force shall maintain, subject to law, all rights and benefits accrued during their previous service in Newburyport and shall be included in the group medical and insurance plans, at their option, provided that they pay one hundred percent (100%) of the premiums, subject to any regulations that may apply.

2.       Once a teacher has been notified of being affected by a layoff, the teacher must determine whether he desires to exercise his rights pursuant to M.G.L. c.71, §42 or exercise rights pursuant to this Agreement and be placed on the recall list. Said written decision must be sent to the Superintendent within thirty (30) calendar days of receipt of the layoff notice. Any affected teacher (s) who elects to waive rights to a dismissal hearing pursuant to M.G.L. c.71, §§42 or 42A does so with the understanding that such waiver applies irrevocable to that particular position held at the time and shall encompass the automatic termination process at the end of the layoff period. Should the teacher not be reduced or should the teacher be recalled at any time prior to the expiration or the recall period, the written waiver shall be returned to the teacher, except said waiver shall not be returned to a teacher who agrees to replace a teacher on leave of absence or who otherwise agrees to return on a temporary basis. The waiver is contained in Appendix E, Forms.

3.       A teacher on the recall list shall be considered to be on an unpaid leave of the duration of the recall period.

4.       Should a teacher not accept recall for any reason prior to the expiration of the recall period, the teacher may resign or retire from the system. If the teacher retires, he shall be entitled to the benefit otherwise accorded retiring teachers in Article XV C (in accordance with the procedure outlined therein).

5.       All teachers on the recall list who choose to be recorded on the substitute list shall notify the Superintendent in writing. Teachers so recorded shall be accorded priority in the awarding of assignments in accordance with guidelines established by the NTA and the Superintendent.

6.       The recall procedure shall be as follows:

a.     Recall shall be by inverse order – i.e., last out, first in.

b.     A laid off teacher shall have the right to return to a position in the Department from which he was reduced.

c.     A laid-off teacher shall have the right to return to a position in a department other than that from which he was reduced if there is no other teacher from the department on the recall list, if he is certified, and if he has taught a course successfully for one year in the department.

d.     This procedure shall be applied until no qualified employees remain on the list.

e.     In the event there is a vacancy in a department other than the one from which the teacher was reduced, for which the teacher was qualified but whose recall would require the adjustment of assignments during the school year, the teacher need not be recalled during the school year, but would be recalled for the following September 1 (in accordance with the standards of Section 5 of this Article) prior to hiring of an individual from outside the system.

7.     Notification of a vacancy shall be made within a reasonable time after occurrence of a vacancy. A copy of the notice shall be sent contemporaneously to the Association. If a teacher does not accept the position by the end of fourteen (14) days after it has been offered, the Committee shall offer the position to the next qualified teacher on the list. This section shall not preclude the Superintendent from simultaneously notifying up to three (3) qualified teachers on the recall list of an offer of potential recall, but order of recall shall be governed by Section 15. If there is no qualified teacher on the list, the Committee may elect whoever it chooses.

a.  If a teacher is under contract to teach in another school district he may claim the vacancy within fourteen (14) days or agree in writing within the same time period to return to Newburyport on September 1st of the following school year. The vacancy would then be offered to the next qualified teacher on the recall list, if any, on a temporary basis for the balance of the school year. The seniority standing of a teacher filling in on a temporary basis shall not be added to or detracted from by said acceptance.

b. The unanticipated illness of a teacher shall result in the position being offered to a teacher on recall when it can reasonably be determined that the teachers illness will be prolonged.

8.       Any teacher affected by a reduction-in-force who accepts another teaching position during the two-year recall period shall notify the Superintendent of this act within thirty (30) days of his appointment and shall inform the Superintendent as to whether or not he wishes to maintain his status on the recall list. Such notification and information shall be in writing. Any person who fails to comply with the provisions of this section shall be placed at the bottom of the recall list.

9.       A teacher who refuses the offer of a position shall be placed at the bottom of the list.

10.    If a teacher on recall is not recalled within the two year period, his rights under this Article are terminated, and he shall be dismissed automatically in accordance with the terms of the waiver executed him.

D. Seniority List:

1.       A list specifying the seniority status of each employee in the employ of the Committee shall be prepared by the Superintendent and forwarded to the President of the Association within ninety (90) days following the formal execution of the Agreement.

2.       If no written objections of the Superintendent’s original seniority list are filed in writing by thirty (30) calendar days after receipt of same by the President of the Association, the listing shall be deemed final and binding. After this initial period for objections to the original list, the only challenge arising out of placement on the original list that will be examined shall be an error of a typographical nature. Written objections to the seniority list shall be filed with the Superintendent of Schools and a copy shall be sent to the Association President.

3.       Thereafter, an updated seniority list shall be supplied by the Superintendent by November 1st of each calendar year. If no written objections to the seniority list are filed in writing by fifteen (15) days after receipt of same by the Association President, the list will be deemed final and binding. Challenges to a list of that of the previous year may be raised only on the basis of an inaccuracy or discrepancy that has arisen since the close of the previous challenge period. Written objections to the seniority list shall be filed with the Superintendent of Schools and a copy shall be sent to the Association President.

4.       In the event there are questions or objections raised in writing to the Superintendent, these will be jointly examined by the President of the Association and the Superintendent. If the Present and the Superintendent cannot resolve the objection, the Association may process the objection through the grievance procedure beginning at Step 3, or the Committee and the Association may agree to submit the objection to expedited Arbitration.

E. Waiver

A teacher with professional teacher status who is notified that he is to be laid off and who waives in writing on the form Appendix E, Forms, present and/or future rights to a dismissal hearing pursuant to MGL CH. 71 S. 42 for the express purpose of the specific reduction for which he has been notified pursuant to this Article XXV, shall be placed on an involuntary unpaid leave of absence and retain all tenure rights, seniority and other contractual benefits in lieu of dismissal. Such involuntary unpaid leave of absence shall be for a period of two (2) years from September 1st, immediately following notice of reduction. Should the teacher accept recall, said waiver is null and void. The teacher shall be dismissed automatically following the termination of the involuntary leave of absence.

ARTICLE XXVI –

Working Subcommittees

The Parties agree to form the following study committees, with representatives of their own choosing, to study and collaborate on the following issues:

A)                  the evaluation instrument and process; and,

B)                  inclusionary practices, including the integrated therapies approach.

By doing so, neither side waives any rights or positions it may take regarding their relative bargaining obligations on these topics.

ARTICLE XXVII –

Duration of the Agreement

This Agreement shall be in force from September 1, 2010 through and including August 31, 2013.

The Association and the Committee agree that each has had the opportunity to bargain for any provisions that it wished in this contract and each expressly waives the right to reopen the contract for any further demands or proposals. Each agrees that this contract constitutes a complete agreement on all matters and that if other proposals have been made or considered, they have been withdrawn in consideration of this contract. This contract shall not be reopened for any purposes except:

1.       The limited issues described in any Study Committees which the parties approve as part of the bargaining process; and

2.       To initiate negotiations for a successor agreement to become effective on or after September 1, 2013 by giving written notice to the other party on or after September 1, 2012. In the event that the negotiations are undertaken for a successor agreement, all terms and conditions of this agreement shall continue in full force and effect until a successor agreement is signed.

This Agreement is signed in duplicate this___________ day of _______________, 2011.

For the Newburyport Teachers Association                       For the Newburyport School Committee

______________________________________           _________________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

Appendix A - Compensation

Section 1: Placement

a.     The salary schedule set forth below at Appendix A, Section 8 shall become effective September 1, 2009 and members will be placed on such scale at their FY 10 step and column. Notwithstanding, the members listed at Appendix B of the January 8, 2010 Memorandum of Understanding will be red-circled at the rate of pay at which they were hired for the duration of the 2009-2010 contract year, being Masters, Step 4 of the 2008-2009 salary schedule. Effective September 1, 2010, these members will be placed on Masters, Step 5 of the salary schedule attached at Appendix A.

Effective September 1, 2009, a new M+75 and M+90 column will be added to the salary schedule.

b.     New teachers hired shall be placed in their proper classification, and on the proper step. This presupposes that they shall not be placed higher than the teachers already in the system with comparable qualifications.

Section 2: Annual Increments

a.  It is mutually agreed that annual increments are not automatic. They are granted by the Superintendent. A teacher may have his increment withheld provided that prior to March 15 he is notified in writing by the Superintendent that his work is unsatisfactory. The Superintendent and the Principal shall take steps to provide help and guidance to the teacher for the purpose of improving his/her efficiency. If by June 1, the teacher is still considered to be unsatisfactory, the School Committee may withhold the salary increment due the following September. However, the increment shall not be unreasonably withheld.

b   All professional employee increments shall be effective in September of each year.

Section 3: Credit Towards Salary Advancement – Horizontal Salary Increase

a.     The starting point for credits earned shall be taken from Form 48 of the Superintendent’s office; i.e., the Professional Credits Information Form dated September 1968.

b.     Only credits earned in a graduate program in an accredited college or University will be used in moving a teacher from one salary category to another. Undergraduate course credits may be applied to advancement within the teacher’s salary category, only if evidence is presented that no graduate courses are available in the same subject and the course is approved in advance by the Superintendent. In all cases, the Superintendent’s decision is final and is not subject to grievance.

c.     The determination of the number of credits a teacher may use for salary\increments shall begin with the number of credits stated by the teacher on his application form and verified through the presentation of appropriate credentials.

d.     A teacher obtaining the approved credits, or a Master’s degree, will be placed in his proper classification when his next increment would normally take place. Certified credentials must be in the hands of the Superintendent by September 1. Credits not to be completed until August will be honored contingent upon evidence of satisfactory completion before the beginning of the new school year.

Section 4: Daily Rate of Pay

The daily rate of pay shall be determined by dividing the salary for the school year by the total number of days in the work year.

Section 5: 26-Payment Plan

a.     The salaries of all teaching personnel and administration shall be paid on a 26 payment plan from September through August each year. It is understood that the first check in September may not be available until the third week in September because of initial payroll preparation. However, the schedule thereafter shall be developed as if the first check had been paid at the normal time. The last paycheck in August, payable on or about the following September 6th, shall close out any outstanding amounts in the teacher’s account. Requests for other systems of payment will not be honored.

b.     Alternate Pay Plan

1.       There will be a lump sum payment equal to five paychecks on the first payday which falls within the new fiscal year.

2.       The teacher would select which pay plan he will be on not later than May 1.

3.       Once selected, the choice may not be changed for that school year.

Section 6: Salary Memorandum

By September 30th of each year the Committee shall provide each teacher with a salary memorandum which shall include salary information, an accumulated sick leave statement and a statement of earned credits, both in-service and graduate.

Section 7: Elementary School Teachers

For each year of the Agreement all elementary classroom teachers at the Bresnahan, and Brown Schools will receive a voucher in the amount of $300 dollars for the purchase of classroom and/or academic supplies.

Appendix A – Section 8 - Salary Schedules

Teacher’s Salary Schedule

FY11

September 1, 2010 – August 31, 2011

2%

Step

Bachelor

Bachelor + 15

Master

Master + 15

Master +30

Master + 45 / CAGS

Master + 60

Master + 75

Master + 90

1

40980

41991

44015

45027

46039

47051

48264

49782

51300

2

42357

43402

45494

46540

47586

48632

49887

51455

53025

3

43779

44861

47022

48104

49184

50266

51562

53185

54806

4

45250

46367

48603

49720

50837

51954

53296

54971

56647

5

48749

49952

52360

53563

54767

55970

57415

59220

61027

6

50387

51630

54118

55363

56607

57851

59345

61210

63076

7

52079

53365

55938

57223

58508

59794

61338

63268

65196

8

53828

55159

57817

59146

60475

61804

63399

65392

67386

9

56327

57718

60499

61891

63281

64672

66340

68427

70513

10

58220

59657

62532

63969

65408

66845

68570

70726

72882

11

61131

62640

65658

67168

68678

70187

71999

74267

76527

11A

62659

64206

67300

68847

70395

71942

73799

76124

78440

11B

64187

65772

68941

70526

72112

73697

75599

77981

80353

11C

65715

67338

70583

72206

73828

75451

77399

79837

82266

11D

67244

68904

72224

73885

75545

77206

79199

81694

84179

11E

68772

70470

73866

75564

77262

78961

80999

83551

86092

Steps 11A through 11E reflect the following longevity payments based upon the completion of the identified years of service in the Newburyport Public Schools.

Step 11A – upon the completion of ten years, step 11 plus 2.5%

Step 11B – upon the completion of fifteen years, step 11 plus 5%

Step 11C – upon the completion of twenty years, step 11 plus 7.5%

Step 11D – upon the completion of twenty-five years, step 11 plus 10%

Step 11E – upon the completion of thirty years, step 11 plus 12.5%

Teacher’s Salary Schedule

FY12

September 1, 2011 – August 31, 2012

1%

Step

Bachelor

Bachelor + 15

Master

Master + 15

Master +30

Master + 45 / CAGS

Master + 60

Master + 75

Master + 90

1

41389

42411

44455

45477

46499

47521

48747

50280

51813

2

42780

43836

45949

47005

48062

49118

50386

51969

53555

3

44217

45309

47492

48585

49676

50768

52078

53717

55354

4

45703

46831

49089

50217

51345

52473

53829

55521

57213

5

49236

50452

52883

54099

55315

56530

57989

59812

61637

6

50891

52147

54659

55916

57173

58430

59938

61822

63707

7

52600

53899

56497

57795

59093

60392

61951

63900

65848

8

54367

55710

58395

59737

61080

62422

64033

66046

68060

9

56891

58295

61104

62509

63914

65319

67003

69111

71218

10

58802

60253

63157

64609

66062

67513

69255

71433

73611

11

61742

63267

66315

67840

69364

70889

72719

75010

77292

11A

63285

64848

67973

69536

71099

72661

74537

76885

79224

11B

64829

66430

69631

71232

72833

74434

76355

78760

81156

11C

66373

68012

71289

72928

74567

76206

78173

80636

83089

11D

67916

69593

72947

74624

76301

77978

79991

82511

85021

11E

69460

71175

74604

76320

78035

79750

81809

84386

86953

Steps 11A through 11E reflect the following longevity payments based upon the completion of the identified years of service in the Newburyport Public Schools.

11A – upon the completion of 10 years – Step 11 increased by 2.5%

11B – upon the completion of 15 years – Step 11 increased by 5.0%

11C – upon the completion of 20 years – Step 11 increased by 7.5%

11D – upon the completion of 25 years – Step 11 increased by 10.0%

11E – upon the completion of 30 years – Step 11 increased by 12.5%

FY 13

September 1, 2012 – August 31, 2013

2%

Step

Bachelor

Bachelor + 15

Master

Master + 15

Master +30

Master + 45 / CAGS

Master + 60

Master + 75

Master + 90

1

42217

43259

45344

46387

47429

48471

49722

51286

52849

2

43636

44713

46868

47945

49023

50100

51394

53009

54626

3

45102

46215

48442

49557

50670

51784

53119

54791

56461

4

46617

47767

50071

51221

52372

53523

54906

56631

58357

5

50221

51461

53941

55181

56421

57661

59149

61009

62870

6

51909

53190

55753

57034

58316

59598

61137

63059

64981

7

53652

54977

57627

58951

60275

61600

63190

65178

67165

8

55454

56824

59563

60932

62301

63670

65314

67367

69421

9

58029

59461

62326

63760

65192

66625

68343

70493

72642

10

59978

61458

64421

65901

67383

68863

70640

72862

75083

11

62977

64532

67641

69196

70752

72307

74173

76510

78838

11A

64551

66145

69332

70926

72520

74115

76027

78423

80809

11B

66126

67759

71023

72656

74289

75922

77882

80336

82780

11C

67700

69372

72714

74386

76058

77730

79736

82248

84750

11D

69274

70985

74405

76116

77827

79538

81590

84161

86721

11E

70849

72598

76096

77846

79596

81345

83445

86074

88692

Steps 11A through 11E reflect the following longevity payments based upon the completion of the identified years of service in the Newburyport Public Schools.

11A – upon the completion of 10 years – Step 11 increased by 2.5%

11B – upon the completion of 15 years – Step 11 increased by 5.0%

11C – upon the completion of 20 years – Step 11 increased by 7.5%

11D – upon the completion of 25 years – Step 11 increased by 10.0%

11E – upon the completion of 30 years – Step 11 increased by 12.5%

APPENDIX B –

Extra Curricular Activities Section 1. Definitions

I.         DEFINITIONS

Extracurricular activities are defined as those school activities approved, organized, and sponsored by the school Committee and voluntarily engaged in, usually without credit, by the students.

II.        JOB DESCRIPTION

Each extracurricular activity will have a job description defining the duties of the advisor and will be periodically reviewed by the School Committee. A re-evaluation may be requested by the adviser, the principal, or the School Committee.

III.      COMPENSATION

Stipends for advisers shall be in accord with the schedule of stipends agreed upon by the School Committee and the Association and shall be paid to advisers upon the successful completion of their work as defined in the job description.

IV.      ASSIGNMENT OF ADVISORS

All extracurricular activities which require work after school hours shall, in general, be voluntary. However, in the absence of volunteers, the principal may assign qualified teachers as advisers, except that no teacher shall be required to assume an unreasonable share of the responsibility for such activities.

Section 2: DEFINITIONS OF CATEGORIES

I.     RESPONSIBILITY

A.    Financial

B.    Facilities

C.    Safety and health factors

D.    Scope of Activity

II.        TIME

The average amount of time expended by the adviser, with emphasis on time required after school hours.

III.      NUMBER OF PARTICIPANTS

The average number of students involved in the activity.

IV.      PUBLIC EXPOSURE

A.    Public performances

B.    Media Attention

C.    Parents and public interest

D.    Publications

V.        INSTRUCTIONAL SKILLS

The degree to which the adviser is expected to have specified instructional skills in order to direct the students.

PUBLIC EXPOSURE: High School Musical

INSTRUCTIONAL SKILLS: Math and Science Teams

A.    Other activities were compared to those identified as having the highest rating and assigned a rating.

B.    Ratings were totaled and each activity was given a composite rating.

C.    Composite ratings were used to established stipends.

Section 3: EXTRACURRICULAR ACTIVITY STIPENDS

SCHEDULE OF STIPENDS

POINTS                                 STIPEND

40                                           $1,100

38                                           $1,000

34                                           $ 900

32                                           $ 800

28                                           $ 700

26                                           $ 600

18                                           $ 500

16                                           $ 400

14                                           $ 300

10                                           $ 200

Section 4: BREAKDOWN FOR ALLOTTED POINTS

ACTIVITY

RESPON SIBILITY

TIME

NUMBER OF STUDENTS

PUBLIC EXPOSURE

INSTRU CTIONAL SKILLS

TOTAL

 

 

 

 

 

 

 

Senior Class Adviser

10

10

10

6

2

38

Junior Class Adviser

8

8

10

4

2

32

Soph. Class Adviser

6

8

10

2

2

28

Fresh. Class Adviser

6

8

10

2

2

28

En-aitch-es (Yearbook)

10

10

6

8

4

38

Record (magazine)

6

8

4

8

8

34

Masthead (newspaper)

6

8

4

8

8

34

Musical  (stage director)

8

6

8

10

8

40

Musical (music director)

6

6

8

10

8

38

Drama Director

4

4

4

6

8

26

Student Council

6

4

4

2

2

18

Student Advisory Council

2

4

4

4

2

16

Marshals

2

2

4

4

2

14

Leaders Club

4

2

4

2

4

16

National Honor Society

4

2

4

4

2

16

Big Brother-Big Sister

2

2

2

2

2

10

Math Team

6

6

2

4

10

28

Science Team

6

6

2

2

10

26

International Club

2

2

2

2

4

12

Cheerleaders

6

8

2

10

6

32

Color Guard

2

2

2

8

2

16

Marching Band,HS

4

4

6

6

6

26

Marching Band,MS

2

2

4

4

4

16

Musical Director

6

6

6

8

8

34

Builders Club

4

2

4

2

2

14

Yearbook (Middle School)

6

6

6

6

4

28

Student Store

4

2

2

2

2

12

6th Gr. Musical Director

6

4

4

4

6

24

SECTION 5 – SCHEDULE OF ADVISORS’STEPENDS

ACTIVITY

PROPOSED POINTS

PROPOSED STIPEND

CURRENT STIPEND

HS MUSICAL, STAGE DIRECTOR

40

600

1,000

HS MUSICAL, MUSIC DIRECTOR

38

1,100

1,000

SENIOR CLASS ADVISOR

38

1,000

800

HS YEARBOOK-EN-AITCH-ESS

38

1,000

1,000

MS MUSICAL, DIRECTOR

34

900

0

HS MAGAZINE –“RECORD”

34

900

500

NEWSPAPER – “MASTHEAD”

34

900

800

JUNIOR CLASS ADVISER

32

800

600

CHEERLEADERS

32

900

800

SOPHOMORE CLASS ADVISER

28

700

600

FRESHMAN CLASS ADVISER

28

700

600

HS MATH TEAM

28

700

0

MS YEARBOOK

28

700

0

HS SCIENCE TEAM

26

600

0

HS DRAMA DIRECTOR

26

600

0

HS MARCHING BAND

26

800

800

6TH GRADE MUSICAL, DIRECTOR

24

550

0

STUDENT COUNCIL

18

500

0

STUDENT ADVISORY COUNCIL

16

400

0

LEADERS CLUBS (2)

16

400

200

NATIONAL HONOR SOCIETY

16

400

0

COLOR GUARD

16

400

200

MARSHALS

14

300

0

MS MARCHING BAND

16

400

900

APPENDIX C - School Nurses

1.       The School Nurses shall be recognized as professional employees (as such employees are defined in Chapter 150-E. Section 1 of the General Laws of Massachusetts).

2.       The School Nurses shall be included within the scope and meaning of ARTICLE I of the AGREEMENT between the NEWBURYPORT SCHOOL COMMITTEE and the NEWBURYPORT TEACHERS ASSOCIATION.

3.       The School Nurses shall be entitled to all rights and privileges that all other professional employees have under the above AGREEMENT with the following additions or changes:

a.     All School Nurses shall be placed upon the teachers salary schedule by years of full time nursing experience, public health nurse, or as school health nurse.

b.     All School Nurses shall be placed as teachers are upon the salary schedule in relation to education courses and degrees.

c.     Substitutes for School Nurses shall be paid as substitute teachers are paid.

APPENDIX D - Coaches’ Salary Schedule

1.       Placement on the coaches’ salary schedule shall be at the discretion of the School Committee, except that an assistant coach, other than a football coach, currently employed in the system, who is elected head coach in the same sport, may be placed on salary schedule no lower than two steps below his present placement.

2.       Coaches shall have the option of receiving their pay either in a lump sum at the end of the season or payments in equal sums throughout the year.

APPENDIX D CURRENT COACHES’ SALARY SCHEDULE

Position

1

2

3

4

5

6

Head Football Coach

4,386

4,752

5,119

5,609

6,221

7,054

Asst. Football Coach

1,835

2,202

2,569

2,937

3,303

4,223

JV Football Coach

1,835

2,202

2,569

2,937

3,303

3,751

Fr. Football Coach

1,468

1,835

2,202

2,569

2,937

3,303

Head Coach Baseball,

-

-

-

-

-

-

B-Ball, Soccer, Ice

-

-

-

-

-

-

Hockey,

1,835

2,202

2,569

2,937

3,668

5,026

F. Hockey, Softball,

-

-

-

-

-

-

X-Country, Spring Track Coordinator

-

-

-

-

-

-

Asst. Coach Baseball,

-

-

-

-

-

-

B-Ball, Track, Ice Hockey,

1,224

1,590

1,957

2,325

2,691

3,524

F. Hockey, Softball, Soccer

-

-

-

-

-

-

Head Coach Tennis,

-

-

-

-

-

-

Golf, Indoor Track

1,224

1,590

1,957

2,325

2,691

3,524

Asst. Coach Indoor

-

-

-

-

-

-

Track, X-Country

597

742

949

1,138

1,361

1,761

Cheerleading

525

690

865

1,035

1,296

1,651

Strength & Conditioning

2,051

2,408

2,751

3,132

3,871

5,253

1.       No Head Coach will be placed on a step lower than any of his or her coaches’ salaries.

2.       The Head Coach will not be paid at a lower rate than any of the assistant coaches in that sport.

3.       The School Committee reserves the right to place a coach further up the schedule than his/her experience allows, for meritorious service of experience.

APPENDIX E - Description of Duty Period for the Newburyport High School A/B

Schedule

1.         During each two (2) day cycle, in addition to the teacher’s five (5) classes, a teacher shall be scheduled for a directed study, a duty, or a student enrichment period. The directed study, duty, or student enrichment period assignment shall not exceed a ninety (90) minute academic block.

a.     A directed study will be considered in the computation of student instructional time and will, therefore, be contact time for teachers supervising a directed study. Teachers will be available to direct students to academic resources or to provide information during these periods. The directed-study period will not be considered as a supervisory duty for teachers. The number of students assigned to a directed study shall not exceed, except in usual circumstances, twenty-eight (28) students.

b.     Duty assignments may consist of monitoring of halls, cafeteria (excluding lunch duty unless a teacher volunteers for lunch duty in lieu of another duty assignment), and other areas of the high school where students can pass or congregate.

c.     A student enrichment period will be considered in the computation of student instructional time and will, therefore, be contact time for teachers conducting an enrichment period. The enrichment period will not be considered as a supervisory duty for teachers.

2.             Teachers may volunteer for or propose to conduct a student enrichment period. A teacher who conducts a student enrichment period shall not be assigned a duty assignment. Teachers will be asked to indicate their preference in duty assignments. The high school administration shall attempt to assign the teacher to his/her preferred activity. Duty assignments shall be assigned on an equitable, rotating basis to those teachers who are not conducting a directed study or student enrichment period. However, the administration reserves the right to make the final determination in order to ensure effective coverage.

3.             These Student Enrichment Periods are small-group scheduled sessions that provide students with individual assistance or support from the assigned teachers.

a.     Enrichment periods will be in either the area of Math/Science/Technology or in the area of Humanities.

b.     The Enrichment Period will include the following activities by the teacher:

i.   One-on-one tutoring of students, but NOT the introduction of new instructional material based upon a lesson plan

ii. Small-group tutoring by the assigned teacher

iii. Supervision of different student activities such as: one student working on a computer; two students involved in test-taking; another student being tutored by the teacher

iv. Providing direction and/or consulting for purposes of student research

v. Acting as a resource for students or providing information to students

c.  Teachers will not be required to create lesson plans or to have specific objectives for the session. Any performance evaluation of the teacher which occurs will address only classroom management skills and other similarly related standards.

4.     No more than ten (10) – fifteen (15) students shall be assigned to any enrichment period.

APPENDIX F – Forms

Newburyport Public Schools

Newburyport, Massachusetts

1.   Grievance Form

2.   Dues Authorization

3.   Waiver Form

GRIEVANCE FORM

Employee:  ______________________________________ Date: _______________________________

Employee Organization:

______________________________________________________________________________________

Filed At Step: __________________________________________________________________________

Pertinent Article/Section of Grievance: ______________________________________________________

______________________________________________________________________________________

Statement of Grievance:

______________________________________________________________________________________

Action Requested:

______________________________________________________________________________________

Signed _____________________________________

Employee

Action Taken:

______________________________________________________________________________________

Date of Conference:

______________________________________________________________________________________

Persons Present:

______________________________________________________________________________________

Results:

______________________________________________________________________________________

Signed _____________________________________

Employee

 (To be submitted to Superintendent immediately after conference)

DUES AUTHORIZATION

Name ________________________________________________

Address ________________________________________________

I hereby request and authorize the Newburyport School Committee to deduct from my earnings and transmit to the Associations checked below an amount sufficient to provide for regular payment of the membership dues as certified by such Associations in equal monthly payments over the remainder of the school year and for succeeding school years. I understand that the Committee will discontinue such deductions for any school year only if I notify the Committee in writing to do so not later than sixty (60) days prior to the commencement of the school year. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization, and relieve the School Committee and all of its officers from liability thereof.

__________________________________________

Signature

___________________________________________

Date

WAIVER FORM

If you execute this waiver form, you shall be considered on involuntary unpaid leave of absence and eligible for recall pursuant to this contract. Executing this waiver will also protect your professional teacher status, seniority, and contractual benefits during the recall period. Also, should you wish to be given preference on the substitute list during the recall period, you should so inform me in writing. Your layoff has been caused by ________________ and in no way reflects your years of satisfactory service as a member of our professional staff. If a copy of this letter is not signed and returned by  ________________ the Superintendent will assume that you have elected to have your layoff treated as a dismissal pursuant to MGL CH. 71 S. 42 and will conduct the dismissal.

In consideration of treating my layoff as an involuntary, unpaid leave of absence and making me eligible for recall pursuant to this Agreement, I hereby agree not to exercise any present and/or future rights that I have under MGL CH. 71 S 42 and relieve the Newburyport School District from any obligation under said Statutes (s). I understand that in the event I am not recalled, I will be dismissed automatically subsequent to the termination of the involuntary unpaid leave of absence.

I understand that this waiver is irrevocable.

__________________________________________

Signature

___________________________________________

Date

APPENDIX G –

Procedures Recommended to Support Inclusion

The Newburyport School Committee supports the implementation of inclusionary programming for special education students in regular education classrooms through the following:

1.         Each building principal, in collaboration with the Director of Special Education, the building Team Facilitation Leader and members of the staff, as determined by the principal, will decide, prior to the end of the school year, how special education students will best be included in the regular classroom based upon consideration of factors including, but not limited to:

•      class size, balance of the class population, teaching style of teachers, and needs of the individual students involved.

To assist in planning for this inclusion the Team Facilitation Leader for each building will:

       ensure that receiving teachers have profile information regarding their incoming special education students prior to the start of the school year.

       determine that special education liaison staff members responsible for each such students have a meeting with the regular education teacher or team within the first three weeks of school. These meetings should be used to respond to any questions or concerns of the regular education staff and arrange for future communication.

2.         When special education students who require substantial modifications to the regular education curriculum are to be included in regular education classrooms, more detailed planning will be implemented.

       The regular education teacher will be notified as early as possible prior to such a placement to facilitate in planning with special education staff for the student’s inclusion.

       Such planning, at the elementary and middle levels, when possible, take place in the spring prior to such a placement and will consist of:

a.     a meeting with current regular and special education staff working with the student and those who will be responsible for the student in the coming school year;

b.     sharing of student profile information and the student’s IEP goals;

c.     determining which IEP goals will be addressed within the regular education classroom and how and through which staff members they will be addressed;

d.     discussion and documentation of the types of curricular and environmental modifications and teaching strategies which will assist in the student’s inclusion;

e.     determining training needs and plans for all staff in relation to the student’s needs;

f.     making arrangements for regular meetings throughout the upcoming school year, involving any staff who will be working with the student, at which ongoing communication, adjustments and planning can occur.

g.     In the event a teacher needs assistance with the implementation of Section 2 of these procedures, he/she shall proceed first to the collaboration team, then the SPED Coordinator within that school building and finally the Principal. A teacher may discuss the issue(s) with the Director of Student Services if the problem is still unresolved.

APPENDIX H –

Department Chairpersons

A.        There shall be department chairpersons for the following areas:

Wellness

Social Studies

English

Science

Mathematics

Technology

Visual and Performing Arts

Special Education

Foreign Language

B.        The work year for department chairpersons shall be one hundred ninety-four (194) days. Scheduling of the additional ten (10) workdays beyond the teacher work year shall be based upon a schedule prepared by the department chairperson subject to the approval of the high school principal.

C.        Department chairpersons shall be assigned four (4) classes in each two (2) day cycle. They will not be assigned either a duty assignment or an enrichment period. In addition, the administration will utilize the services of a substitute teacher on certain days of the year to provide the department chairpersons with the time to observe classes and to write up their observations. At the end of the 2002-2003 school year, the administration shall review the job responsibilities of the department chairpersons and whether the distribution of workload is equitable among the various departments, and consult with the department chairpersons and the Association about any possible changes.

D.        A department chairperson shall work the necessary hours to perform his/her duties effectively.

E.        There shall be a general job description which delineates the responsibilities of the department chairperson. For the 2002-2003 school year, such job description shall be the job description of the curriculum advisor with the additional responsibilities of making budget recommendations, one observation and one evaluation for each teacher without professional teacher status in the department, and one observation every other year for those teachers with professional teacher status. In addition, specific duties or responsibilities may be assigned to a particular department chairperson depending upon the needs of the department or the goals of the District.

F.         Each department head shall be paid an annual stipend of five thousand five hundred dollars ($5,500.00). In addition, department heads shall be paid $400 for supervising each non-professional status teacher and $250 for each professional status teacher over four (4).

APPENDIX I –

Working Conditions

The School Committee will make best efforts to provide a safe, healthful workplace and an environment conducive to the teaching-learning process. Situations incompatible with the above shall be brought to the attention of the principal (or other designated administrator), shall be investigated, and, if necessary, remediated if possible.

APPENDIX J –

Evaluation

Teacher Evaluation

Newburyport Public Schools has an evaluation process in place for the purpose of enhancing the professionalism and accountability of its teachers. Specifically, the evaluation process provides information for the continuous improvement of performance through an exchange of information between the person being evaluated and the evaluator, and provides a record of facts and assessments for personnel decisions. Evaluations are based on criteria related to the Professional Standards for Teachers outlined below.

Professional Standards for Teachers

I. Planning of Instruction and Student Learning

       Knows content of the relevant Curriculum Frameworks and plans learning activities that address their learning standards.

       Identifies prerequisite skills, concepts, and vocabulary that students need to know in order to be successful in a learning activity.

       Identifies reading and writing need that must be addressed for successful learning

       Plans lessons with clear objectives, relevant learning activities, and conclusions.

       Uses knowledge of human development to shape objectives and activities for a range of students, from the academically advanced to the disabled, of the grade levels of the license.

       Plans sequential units of study that challenge students intellectually and make learning cumulative.

       Incorporates appropriate technology and media in lesson planning.

       Seeks resources from colleagues, families, and the community to enhance learning opportunities for students.

II. Elements of Effective Instruction

       Sets high standards and expectations.

       Makes learning objectives clear to students.

       Communicates clearly in writing and speaking.

       Employs a variety of teaching techniques such as direct instruction, practice, discussion, problem-solving, Socratic dialogue, and research projects.

       Employs a variety of reading and writing strategies for addressing learning objectives.

       Uses questioning to stimulate thinking and encourages all students to respond.

       Uses instructional technology appropriately.

       Finds engaging ways to begin a new unit of study.

       Builds on students' prior knowledge and experience.

       Assigns homework that furthers student learning and checks it.

       Provides regular and frequent feedback to students on their progress.

       Provides many and varied opportunities for students to achieve competence.

III. Management of Classroom Environment

       Creates an environment that is conducive to learning.

       Maintains appropriate standards of behavior, mutual respect, and safety.

       Manages classroom routines and procedures without loss of significant instructional time.

IV. Equity

       Encourages all students to believe that effort is a key to high achievement.

       Judges the significance of student differences in learning skills, learning pace, and proficiency in the English language for the curriculum at hand and uses that understanding to provide appropriate learning opportunities.

       Helps all students understand American culture and its underlying ideals, founding political principles, and political institutions.

V. Evaluation of Instruction and Student Learning

       Designs and uses a variety of formal and informal assessments that accurately measure student achievement of the learning objectives and uses that knowledge to plan further instruction.

       Translates evaluations of student work into reports that accurately convey the level of student achievement.

VI. Professional Responsibilities

       Understands his or her legal and moral responsibilities.

       Conveys knowledge of and enthusiasm for his/her academic discipline to students.

       Maintains interest in current developments in the academic discipline.

       Applies new knowledge in the academic discipline to instructional program where relevant.

       Maintains familiarity with the range of reliable pedagogical research in his or her academic discipline.

       Pursues opportunities to work with other educators.

       Reflects critically upon his or her teaching experience and identifies areas for further professional development as part of a professional development plan.

       Maintains open lines of communication with parents or guardians and encourages meaningful family participation.

The Standard Evaluation Process as outlined in Article XXIV of the Newburyport Teachers Contract: 2003-2005 provides guidelines for teacher evaluation. A voluntary alternative evaluation process to be implemented during the 2004-2005 contract year was agreed upon in June 2004 by the Newburyport Teachers’ Association and the Newburyport School Committee. The following information provides an outline of the Collaborative Evaluation Option Process.

COLLABORATIVE EVALUATION OPTION PROCESS

The Collaborative Evaluation Option is offered as an evaluation option for teachers with four or more years experience in the Newburyport Public School System. This option is designed to further the professional development and individual growth of teachers who are regularly and successfully demonstrating the professional standards for teachers.

Professional teachers are regularly engaged in self-evaluation as they monitor the results of their interactions with students, analyze instructional strategies and examine the effectiveness of curriculum. This process is intended to enhance the self-evaluation process and collaboratively develop a meaningful assessment of areas upon which the individual teacher wishes to focus during the evaluation cycle. The process involves multiple steps outlined below.

1.       Mutual goal setting involves mutual development of an independent or small group project proposal that initiates a new professional development project or continues professional development from the previous evaluation year. The focus for setting goals is to allow the professional and the evaluator the opportunity to focus on a manageable project based on district and school improvement plans, mutually agreed upon goals, strategies (action steps), measurable indicators, and a time line. The role of the evaluator is to guide, suggest and when necessary, direct setting of priorities and to support the staff member in reaching the goals as outlined in the project. The mutual goal setting will be completed by October 15 of the evaluation year.

2.       Informal observations and meetings to discuss the progress of the project will occur during the months of October through May 1.

3.       The teacher and evaluator will complete a mid-year progress report on the professional development project/plan by January 31. The purpose of this will be for the evaluator and the staff member to discuss the progress of the project. At this time, either party may agree to modify an existing goal. Giving ongoing feedback on the implementation of goals is an important part of this process.

4.       The teacher and evaluator collaboratively review and evaluate the project at the completion of the project/plan. The teacher will write a final analysis/reflection of the project by June 1.

5.       The evaluator will write a year-end summary report by June 15, linking the project to the District Performance Standards to meet the evaluation requirements by June 15.

This evaluation process and the products generated as a result, are not eligible for In-Service Credit but may be eligible for PDP’s. Any products developed in this process are the property of Newburyport Public Schools.

OVERVIEW OF EVALUATION PROGRAM

Comparing Traditional and Collaborative Evaluation Option Models

Standard Evaluation Model

Collaborative Evaluation Option

Personnel Involved:

Personnel Involved:

•    Professional Status Teachers

•    Teachers with Professional Status who are

•    Principal, Curriculum Director, Special

demonstrating the District Performance Standards

Education Director, HS Department Chair

•    Principal or evaluator

Purpose:

Purpose:

•    To provide feedback on professional issues

•    To enhance professional growth

•    To enhance professional growth

•    To improve student achievement

•    To improve student achievement

•    To encourage professional dialogue

•    To focus on school improvement initiatives

•    To provide feedback on instructional and professional practices

 

•    To focus on individual school and district

 

improvement initiatives

Processes:

Processes:

•    Mutual Goal Setting

•    Mutual Goal Setting

•    Formal observation

•    Informal observations

•    Mid-Year Conference

•    Development and implementation of project plan

•    Final Conference

•    Meetings to discuss project

•    Summary Evaluation Report

•    Mid-Year Conference

 

•    Reflection

 

•    Final Report by Principal or evaluator

Methods:

Methods:

•    Classroom observation with feedback

•    Ongoing informal discussion teacher performance

•    Discussion of instructional and

•    Collaboration between teachers and principal in the

professional practices

development of the reflective project

 

•    Establishment of indicators of progress

 

•    Administrative support for teacher

 

•    Feedback to teacher •

COLLABORATIVE EVALUATION OPTION

Project Examples

The following list is intended to provide teachers with ideas and examples of possible projects to fulfill the Collaborative Evaluation Option. The list is not inclusive and teachers are encouraged to explore other opportunities that may exist. Teachers may work on projects individually or in collaboration with a colleague(s). All projects are to be mutually agreed upon by the teacher and the evaluator.

1.     Video/Media Analysis

Use audio or videotape to record a sample of teacher’s instruction. Teacher then analyzes and critiques performance and instructional strategies.

2.     Research Project/Action Research

Teacher identifies educational question/issue to study using field based research, print or electronic media, observations, and/or other information. Teachers will study research as it relates to their own teaching and skills.

3.     Portfolio Assessment

Portfolios prepared by teachers to provide evidence about their beliefs, knowledge, skills, and/or effectiveness. The compilation and evaluation of this work is included in the teacher’s self assessment.

4.     Curriculum Design

Teachers will develop a program or initiative based on current practice or research that incorporates the state frameworks and their school and district goals.

5.     Pilot Program

Teachers will develop and implement new instructional strategies, programs, or curriculum to be piloted within the school. Teachers will work collaboratively and will share results to further curriculum and program initiatives

6.     Critical Friends Model

Teachers will form small groups for the purpose of discussing concerns, instruction, classroom management, and curricula issues. Teachers will observe each other and provide feedback to colleagues on topics identified.

7.     Peer Observation/Coaching

A peer or colleague will observe, assess, and provide suggestions about an aspect of a teacher’s practice such as questioning technique, lesson organization, or feedback to students.

8.     Course Work

Teachers will enroll in a continuing education course, including graduate level work that will enhance the teacher’s professional repertoire, background or experience.

COLLABORATIVE EVALUATION OPTION TASK LIST

Teacher’s Name: ___________________________________________________

Evaluator’s Name: _________________________________________________

Professional Development Project: _______________________________________

Process

Timeline

Timeline Met

 

 

(Initialed/Dated)

Mutual Goal Setting

 

 

Teacher meets with his/her evaluator and develops a professional growth plan that includes:

By October 15

 

•   mutually agreed upon goals

 

 

•   strategies (action steps)

 

 

•   measurable indicators

 

 

•   a timeline

 

 

The goals will address at least one of the District’s Professional Standards for Teachers

 

 

Comments:

______________________________________________________________________________________

______________________________________________________________________________________

Process

Timeline

Timeline Met

 

 

(Initialed/Dated)

Mid-Year Progress Reports

 

 

Teacher and evaluator complete a mid-year progress report on the professional development project.

By January 31

 

Comments:

______________________________________________________________________________________

______________________________________________________________________________________

 

Process

Timeline

Timeline Met

 

 

(Initialed/Dated)

Informal Observations and Meetings

By May 1

 

Teacher and evaluator collaboratively review and evaluate the project at the completion of the project/plan

 

 

Comments:

______________________________________________________________________________________

______________________________________________________________________________________

Process

Timeline

Timeline Met

 

 

(Initialed/Dated)

Final Analysis /Reflection

 

 

Teacher writes a final analysis/reflection of the project

By June 1

 

Comments:

______________________________________________________________________________________

______________________________________________________________________________________

Process

Timeline

Timeline Met

 

 

(Initialed/Dated)

Year –end Summary Report

By June 15

 

Evaluator writes a year-end summary report correlating the project to the District’s Professional Standards for Teachers

 

 

Comments:

______________________________________________________________________________________

______________________________________________________________________________________

Newburyport Public Schools

Newburyport, Massachusetts

Collaborative Evaluation Option – Proposal Form

Teacher ___________________________________      Date ___________________________________

School: ___________________________________       Grade/Subject: __________________________

Evaluator: _____________________________________________________________________________

Study Start Date: ___________________________________Study Completion Date: _________________

Group Participants: ______________________________________________________________________

Timeline for Progress Updates:

Please complete the following information based on the Backward Design approach

1   Proposal: State the Overview and rationale.

______________________________________________________________________________________

2.       Goals: State the goal(s) of your proposal as they relate to Professional Standards for Teachers and your Individual Professional Development Plan

______________________________________________________________________________________

3.       Strategies: State the actions, activities, and time line you will follow to accomplish the goal(s) of this plan.

______________________________________________________________________________________

4.       Assessment: What evidence will you provide that documents attainment of the goals and completion of the plan?

______________________________________________________________________________________

5.       Role of the Evaluator: Provide an outline of the responsibilities of the evaluator in relation to the task list and timeline (pg. 6-7).

______________________________________________________________________________________

6   Other Participants: If there are other teacher participants involved in this plan, please name them and give their role and responsibility.

______________________________________________________________________________________

Date of Conference __________________________________________________________

Teacher’s Signature: _____________________________ Date: _____________________________

Evaluator’s Signature: _____________________________ Date: _____________________________

Newburyport Public Schools

Newburyport, Massachusetts

Collaborative Evaluation Option – Teacher Reflection/Analysis

To be completed individually by each participant for the Mid-Year and End-of Year Conferences regarding the Study Project

Teacher ___________________________________      Date ___________________________________

School: ___________________________________       Grade/Subject: __________________________

Evaluator: _____________________________________________________________________________

Study Start Date: ___________________________________Study Completion Date: _________________

Group Participants: ______________________________________________________________________

Check One: ____ Mid-Year Analysis/Reflection ____ End-of-year Analysis/Reflection

Teacher:

1.             Project Goals Progress:

______________________________________________________________________________________

2.             Individual Activities Progress:

______________________________________________________________________________________

3.             Evidence Submitted to Support Individual Activities

______________________________________________________________________________________

4.             How did this self-directed plan help me to effectively meet my goals?

______________________________________________________________________________________

5.             Reflections and Comments—What is working well? What have you learned and how is this knowledge impacting your students’ learning and/or your professional performance? What new or improved knowledge or skills have you learned as a result of the study plan thus far? What are the results so far?

______________________________________________________________________________________

6.             I would have modified the plan by…

______________________________________________________________________________________

Evaluator:

1.     Please describe the mid-year status of the plan as related to the District’s Professional Standards for Teachers. What is working well? What direction, if any, needs to be changed?

____________________________           ________________________________    _________________

Administrator’s Signature                                Teacher’s Signature                                           Date

Newburyport Public Schools

Newburyport, Massachusetts

Collaborative Evaluation Option – Final Summary Report

Teacher ___________________________________      Date ___________________________________

School: ___________________________________       Grade/Subject: __________________________

Evaluator: _____________________________________________________________________________

Study Start Date: ___________________________________Study Completion Date: _________________

1.             Describe how the Professional Performance Standards for Teachers and goals of the Individual Professional Development Plan were met through the individualized evaluation plan.

______________________________________________________________________________________

______________________________________________________________________________________

2.             Comment on the evidence submitted as part of the study.

______________________________________________________________________________________

______________________________________________________________________________________

4.         Comment on teacher’s professional growth through participation in this process. What did the teacher learn and how will this knowledge impact on his/her professional performance? How will the year’s professional growth activities affect future goal setting?

______________________________________________________________________________________

______________________________________________________________________________________

5.             Reflections on your participation in this collaborative process…

______________________________________________________________________________________

______________________________________________________________________________________

__________________________________________      _______________________

Administrator’s Signature                                                                Date

Teacher Comment:

__________________________________________      _______________________

Teacher’s Signature                                                                           Date

TEACHER EVALUATION INSTRUMENT RUBRIC

I.             Currency in the Curriculum

A.    The teacher is up to date regarding curriculum content.

Excellent

•      Clearly demonstrates a thorough knowledge of subject/information; stays up to date on the subject matter, and consistently follows core curriculum guidelines.

Very Good

•      Demonstrates broad knowledge of subject area; shows knowledge of the subject matter and uses information that is current and follows core curriculum guidelines most of the time.

Satisfactory

•      Demonstrates adequate knowledge of subject; has kept knowledge of subject matter up to date and follows core curriculum guidelines some of the time.

Needs Improvement

•      Demonstrates limited knowledge of subject; has not kept current with changes in the subject matter and follows few core curriculum guidelines.

II.            Effective Planning and Assessment of Curriculum and Instruction A.    The teacher plans instruction effectively.

Excellent

•      Consistently plans back from desired outcomes, consistently provides an itinerary for the class, unit or semester, and consistently makes connections between present, past, and / or potential future lessons.

Very Good

•      Regularly plans back from desired outcomes, regularly provides an itinerary for the class, unit or semester, and regularly makes connections between present, past and/or potential future lessons.

Satisfactory

•      Making adequate progress in planning back from desired outcomes in providing an itinerary for the class, unit or semester, and in making connections between present, past and / or potential future lessons.

Needs Improvement

•      Infrequently plans back from desired outcomes, infrequently provides an itinerary for the class, unit or semester and infrequently makes connections between present, past and / or potential future lessons.

B.        The teacher plans assessment of student learning effectively.

Excellent

•      Ensures that students know at beginning of instruction what will be assessed, the method of assessment and scoring rubric, and offers a variety of formal and informal assessments to allow students to demonstrate competencies.

Very Good

•      Explains to students what will be assessed before instruction, the method of assessment and /or scoring rubric, and offers some alternatives with respect to assessment that allow students to demonstrate competencies.

Satisfactory

•      Provides adequate information about what will be assessed prior to instruction, the method of assessment and/ or the scoring rubric, and offers limited variety regarding the assessment.

Needs Improvement

•      Provides no information about what will be assessed prior to instruction, the method of assessment and/ or the scoring rubric, and offers no variety regarding the assessment.

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

Excellent

•      Consistently monitors student understanding of the curriculum and adjusts instruction, materials, and assessment to meet individual student needs.

Very Good

•      Frequently monitors student understanding of the curriculum and adjusts instruction, materials, and assessment where appropriate.

Satisfactory

•      Occasionally monitors student understanding of the curriculum and adjusts instruction, materials, and assessment.

Needs Improvement

•      No evidence that the teacher monitors student understanding of the curriculum.

III.     EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

A.    The teacher creates an environment that is positive for student learning and involvement.

Excellent

•      Shows consistent and efficient use of learning space and time to support the achievement of the learning goals.

Very Good

•      Classroom space and time are well used to support the achievement of learning goals.

Satisfactory

•      Classroom space and time are adequately used to support the achievement of learning goals.

Needs Improvement

•      There is little evidence that classroom space or time have been factored into the planning process.

B.    The teacher maintains appropriate standards of behavior, mutual respect, and safety.

Excellent

•      Teacher consistently maintains a supportive and respectful environment where students feel safe to take risks to participate in an open exchange of ideas; consistently establishes and applies rules for desired behavior.

Very Good

•      Teacher maintains an environment where students participate in discussions and make class contributions that reflect willing student involvement. Standards established by the teacher reflect standards established by the school, and students work within those limits comfortably.

Satisfactory

•      Teacher maintains an environment where student behavior is appropriate and reflects the standards established by the school. Students are encouraged to engage in discussion and make contributions that are meaningful.

Needs Improvement

•      Teacher sets standards and expectations that are unclear and/or inconsistent for positive student behavior and participation.

IV.     Effective Instruction

A.    The teacher makes learning goals clear to students

1. Communicates clearly in writing and speaking

Excellent

•      States a clearly achievable objective and reasonable purpose for instruction; clearly and effectively relates both to instruction.

Very Good

•      States a learning objective and purpose for instruction; relates objective and purpose of instruction to students.

Satisfactory

•      States an objective and purpose for instruction.

Needs Improvement

•      States vaguely or does not state learning goals and/or purposes; appears to be unsure of lesson’s objectives or purpose.

B.        The teacher uses appropriate instructional techniques

Excellent

•      Uses a wide variety of resources and experiences that support the instructional goals and addresses the various learning styles present.

Very Good

•      Uses varied resources and experiences that support instructional goals and address the various learning styles present.

Satisfactory

•      Uses an adequate variety of resources and experiences that support instructional goals and address the various learning styles present.

Needs Improvement

•      Rarely uses varied resources to support instructional goals and address the various learning styles present.

C.        The teacher uses appropriate questioning techniques.

Excellent

•      Is highly effective in the use of questioning techniques to match instruction.

Very Good

•      Effectively incorporates a range of questioning techniques to match instruction.

Satisfactory

•      Uses a range of questioning techniques.

Needs Improvement

•      Uses questioning techniques ineffectively. •

D.        The teacher evaluates, tries innovative approaches and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence to learn.

Excellent

•      Is consistently aware of appropriateness of instructional strategy being used and effectively changes strategy when new approaches appear to be conducive to increased student learning or increased student confidence in learning.

Very Good

•      Is aware of the appropriateness of the instructional strategy being used and effectively changes strategy when new approaches appear to be conducive to increased student learning or increased student confidence in learning.

Satisfactory

•      Is aware of the appropriateness of the instructional strategy being used and changes strategy when new approaches appear conducive to increased student learning or increased student confidence in learning.

Needs Improvement

•      Rarely attempts new or innovative approaches; usually uses the same approach to instructional strategy.

V.       Promotion of High Standards and Expectations for Student Achievement

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

Excellent

•      Consistently sets clear and challenging expectations for student performance and regularly provides feedback to students related to current performance.

Very Good

•      Sets clear and challenging expectations for student performance and provides feedback to students related to current performance.

Satisfactory

•      Sets expectations for student performance and provides feedback to students related to current performance most of the time.

Needs Improvement

•      Sets vague or minimal expectations for student performance and provides limited feedback to students related to current performance.

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

Excellent

•      Consistently builds elements of success into activities; providing immediate feedback; motivating ownership of learning; encouraging students to put forth their best effort and demonstrate pride in their work; and sustaining involvement of a majority of students.

Very Good

•      Regularly builds elements of success into activities, providing feedback and motivating ownership of learning, encouraging students to put forth their best effort, and demonstrating pride in their work; and sustaining involvement of students.

Satisfactory

•      Adequately progressing in building elements of success into activities, providing feedback, encouraging students to put forth their best effort, sustaining involvement of students.

Needs Improvement

•      Rarely builds elements of success into activities, provides untimely feedback, rarely encourages students to put forth their best effort, and sustains little or no involvement of students.

VI.     Promotion of Equity and Appreciation of Diversity

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

Excellent

•      Provides a wide range of academic opportunities, activities and assessments that engage all learning styles and students’ backgrounds.

Very Good

•      Provides a wide range of appropriate academic programs and activities for students.

Satisfactory

•      Provides an appropriate range of academic programs and activities for students.

Needs Improvement

•      Provide an inappropriate range of academic programs and activities for students.

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

Excellent

•      Consistently demonstrates a high degree of sensitivity to differences among students and encourages self-confidence.

Very Good

•      Regularly demonstrates sensitivity to differences among students and encourages self-confidence.

Satisfactory

•      Demonstrates sensitivity to differences among students and encourages self-confidence.

Needs Improvement

•      Demonstrates a lack of sensitivity to differences among students and discourages self-confidence.

VII.    Fulfillment of Professional Responsibilities.

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

Excellent

•      Maintains open lines of communication with parents and is proactive and timely in communicating with parents regarding student performance.

Very Good

•      Regularly informs parents regarding student progress and promotes positive dialogue.

Satisfactory

•      Adequately informs parents about student progress as needed and handles contacts with parents following school policies.

Needs Improvement

•      Inconsistently informs parents about student progress and handles contacts with parents in ways that cause conflicts or problems.

B.        The teacher shares responsibility for accomplishing the goals and priorities of his/her grade, team, department, building or the School system.

Excellent

•      Consistently cooperates and participates with other staff in planning and implementing school/system activities; fulfills the responsibilities delineated in the faculty handbook and inherent in professional practice; and attends all required meetings that fall within contractual guidelines.

Very Good

•      Regularly cooperates and participates with other staff in planning and implementing school/system activities; fulfills the responsibilities delineated in the faculty handbook and inherent in professional practice; and attends all required meetings that fall within contractual guidelines.

Satisfactory

•      Cooperates and participates with other staff in planning and implementing school/system activities; fulfills the responsibilities delineated in the faculty handbook and inherent in professional practice; and attends all required meetings that fall within contractual guidelines.

Needs Improvement

•      Cooperates and participates minimally in school/system activities and/or does not fulfill the responsibilities delineated in the faculty handbook and inherent in professional practice; and/or does not attend required meetings that fall within contractual guidelines.

C.       The teacher is a reflective and continuous learner.

Excellent

•      Consistently seeks out and uses available resources to expand professional knowledge and skills to be utilized in class; is actively and consistently involved in professional development programs; and consistently engages with colleagues around issues related to teaching and learning.

Very Good

•      Regularly seeks out and uses available resources to expand and refine knowledge and skills to be utilized in the class; is actively and regularly involved in many professional development programs; and regularly engages with colleagues around issues related to teaching and learning.

Satisfactory

•      Adequately uses available resources to expand and refine knowledge and skills to be utilized in the class; is actively involved in professional development programs; and engages with colleagues around issues related to teaching and learning.

Needs Improvement

•      Minimally uses available resources to expand and refine knowledge and skills that could be utilized in class, participating in only a few activities that demonstrate professional development; and seldom engages with colleagues around issues related to teaching and learning.

NEWBURYPORT PUBLIC SCHOOLS

SCHOOL NURSE PERFORMANCE EVALUATION

NAME: ____________________________________   SCHOOL: ________________________________

SCHOOL YEAR:  _____________________________DATE: ___________________________________

Part 1:

 

THE SCHOOL NURSE:

 

 

 

1

Establishes process to identify students at-risk for physical and psychosocial problems.

E)

(S)

(NI)

2

Communicates health needs of students to appropriate school personnel and parents.

E)

(S)

(NI)

3

Records data on cumulative health record following established guidelines for documentation.

E)

(S)

(NI)

4

Provides written nursing care plans for students with significant health problems.

E)

(S)

(NI)

5

Informs school personnel about adaptations of the comprehensive school program, interventions, or environment required by students to meet their individual health needs and learning needs.

E)

(S)

(NI)

6

Demonstrates knowledge of, and ability to administer medications appropriately, in keeping with M.D.P.H. and school policy on administration of medication in the school.

E)

(S)

(NI)

7

Participates in team evaluations and conferences on children with medical problems.

E)

(S)

(NI)

8

Teaches the principles of health promotion and disease prevention to individuals and groups and acts as a resource person in health education to school personnel, students, and families. Provides inservices as needed.

E)

(S)

(NI)

9

Participates in continuing education programs to increase knowledge update skills, and maintain certification.

E)

(S)

(NI)

10

Collaborates with agencies within and outside of the community to assure continuity of service and care in health programs.

E)

(S)

(NI)

11

Works cooperatively with colleagues.

E)

(S)

(NI)

12

Follows ethical and professional practices in working with students, students records, parents, and colleagues.

E)

(S)

(NI)

13

Provides adequate background information and materials for substitute nurses when necessary.

E)

(S)

(NI)

14

Maintains satisfactory attendance as defined by school system.

E)

(S)

(NI)

Part II:

PROFESSIONAL DUTIES AND RESPONSIBILITIES INSTRUMENT

Healthroom Observation(s):

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Commendations:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Recommendations:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

____________________________________________                         ____________________________

Nurse’s Signature                                                                                                 Date

____________________________________________                         ____________________________

Nursing Supervisor Signature                                                                            Date

____________________________________________

Building Principal Signature

N.B.   The employee’s signature represents receipt only. If the employee wishes to attach a written statement, it must be submitted to the primary evaluator within Seven (7) working days.

Evaluation - __________________ School Year__________________ Date: __________________

Name: ____________________________________Evaluator: __________________________________

Special Education Coordinator - __________________      School ________________________________

Educational Leadership:

1   Monitors special education student population including IEP implementation, student progress, and problematic issues.

2.       Collaborates with the principal on special education services and programs.

3.       Maintains data on teacher and program case load for budget and program planning.

4.       Coordinates schedule of space use and time for consultants and outside service providers working with students.

5.       Facilitates a collaborative team approach for students in an inclusion model.

6.       Apprises the Director of Student Services of the unique needs of special education students and programs.

7.     Participates in transition planning Pre-school to Kindergarten and grades 4-5

9. Observes teachers to provide support for successful implementation of Effective Teacher Strategies for special education students.

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Comment:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Curriculum and Instruction:

1.       Manages the development and implementation of separate programs.

2.       Supports teachers and teams in providing modifications of curriculum and instructional practices.

3.       Monitors and evaluates the effectiveness of special education programs.

4.       Oversees the acquisition of materials and equipment for special education services.

Comment:

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Comment:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Organizational Leadership:

1.       Manages all incoming evaluation referrals and assigns assessment responsibilities.

2.       Manages the procedural and time guidelines for the entire evaluation process to ensure compliance with state and federal regulations.

3.       Completes achievement assessments and written reports for all initial evaluations.

4.       Chairs all initial Team meetings.

5.       Directs the completion of annual reviews and three year evaluations to ensure procedural and time compliance with state and federal regulations.

6.       Participates in all three year evaluation and critical annual review meetings.

7.       Provides opportunities for all special education teachers to collaborate.

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Comment:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

School and Community Relations:

1.       Supports involvement of parents in educational planning.

2.       Responds to parental concerns over student achievement and programs.

3.       Collaborates with parents and teachers to problem solve issues for students.

4.       Manages special education related inquiries and concerns from staff, students, and parents, with referral to appropriate administrators as necessary.

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Comment:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Role Definition - Describe how above duties are integrated with other job responsibilities and for what percentage of time.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Commendations –

Recommendations –

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

_________________________      ___________             ___________________________      ________

Evaluator Signature           Date                                        Coordinator Signature                      Date

* The Coordinator’s signature does not imply concurrence with the evaluation, but simply acknowledges that the summary evaluation has been received and read.

Coordinator’s Comments:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

The Coordinator may use this space to comment on a specific rating or for general comments.

PUBLIC SCHOOLS Newburyport, MA 01950

Department of Student Services

Psychologist’s Name ____________________________________Date: __________________________

Evaluator’s Name ____________________________________

A        PERFORMANCE EVALUATION

1.             Individual Planning

Plans and managers time in relationship to scheduled testing and meeting needs

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Consults with Special Education Coordinators regarding pending cases

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

2.             Responsive Services

Timely and systematic follow-up to evaluation referrals

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Consults with teachers regarding students referred for evaluation

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Parent contacts and follow-up related to evaluation process

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Evaluation reports written and filed appropriately

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Evaluation report presentation to TEAM

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

3.             System Support

Performing non-instructional duties

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Consulting with counselors and administrators

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Communicating within the educational environment

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

B.       NARRATIVE SUMMARY

Commendations:

Recommendations:

___________________________                 __________      ___________________________  ___________

Evaluator Signature                                         Date                       Psychologist’s Signature     Date

PSYCHOLOGIST’S COMMENTS:

Please use this space to commend on a specific rating or for general comments

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

PUBLIC SCHOOLS

Newburyport, MA 01950

Department of Student Services

Specialist’s Name ________________________________________ Date: ________________________

Evaluator’s Name _____________________________________

A.       PERFORMANCE EVALUATION

1.             Individual Planning

Monitors student progress

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Consults with teachers regarding class and student needs

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Monitors individual program implementation

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

2.             Responsive Services

Collaborative team sessions – initiative and contribution

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Timely and systematic follow-up

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Parent contacts and follow-up

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

3.             Curriculum

Identifies aspects of curriculum and activities appropriate for student’s inclusion

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Identifies and develops adaptations and accommodations to promote inclusion

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Develops and implements systems for managing behavior and adaptations for use in classroom settings to ensure students’ IEP’s are being followed.

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

4.       System Support

Performing non-instructional duties

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Implementing performance plan (i.e., student goals, individuals goals)

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Communicating within the educational environment

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Complying with requirements of special education policies and procedures

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

B.       NARRATIVE SUMMARY

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Commendations:

______________________________________________________________________________________

______________________________________________________________________________________

Recommendations:

______________________________________________________________________________________

______________________________________________________________________________________

_____________________________   _____________        __________________________     __________

Evaluator Signature       Date                                                         Specialist Signature            Date

SPECIALIST’S COMMENTS:

Please use this space to commend on a specific rating or for general comments

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

PUBLIC SCHOOLS Newburyport, MA 01950

Department of Student Services

Counselor’s Name _________________________________________   Date: ______________________

Evaluator’s Name _________________________________________

A.       PERFORMANCE EVALUATION

1.             Individual Planning

Monitors student progress

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Consults with teachers regarding class and student needs

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

2.             Responsive Services

Individual and small group counseling sessions

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Timely and systematic follow-up

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Parent contacts and follow-up

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

3.             Curriculum

Identifies developmental topics for emphasis through group/classroom guidance

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Instructional presentation

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

4.             System Support

Performing non-instructional duties

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Implementing performance plan (i.e., student goals, individual goals)

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

Communicating within the educational environment

Satisfactory ___________     Needs Improvement    ___________Not Satisfactory   ___________

B.       NARRATIVE SUMMARY

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Commendations:

______________________________________________________________________________________

______________________________________________________________________________________

Recommendations:

______________________________________________________________________________________

______________________________________________________________________________________

_____________________________   _____________        __________________________     __________

Evaluator Signature       Date                                                         Specialist Signature            Date

* The counselor’s signature does not imply concurrence with the evaluation, but simple acknowledges that the summary evaluation has been received and read.

COUNSELOR COMMENTS:

The counselor may use this space to comment on a specific rating or for general comments.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

APPENDIX K - SIDE LETTERS

SIDE LETTER

The Newburyport Teachers Association agree to amend the agreement at Article XXI Leadership Positions/Stipended Positions, or as appropriate, to annually include a listing of all stipended positions and their respective stipends currently under Article XXV, as reviewed no later than each October 31 by the Superintendent and the NTA president.

Newburyport School Committee.                                                     Newburyport Teachers Association

___________________________________________    ________________________________________

date                                                                                                date

SIDE LETTER

For the summers of 2006, 2007, and 2008, and subject to the provisions of this agreement, High School Student Support Counselors will work for four days during the above mentioned summers. The counselor shall work six hours on each of the days listed. The total number of hours worked shall be 24 hours. The counselors and the school system agree that they will be paid at their per diem rate for the four days worked during this period. The dates of work will include the four days prior to September 1 in each of the above mentioned years. During this employment, the counselor agrees to perform those duties delegated by the Dean of Student Support Services including, but not limited to amending schedules, registering students, withdrawing students, and meeting with students and parents.

The counselors and the Dean of Student Support Services shall agree upon the work hours during the summer. Where agreement on working hours is not possible, the work day shall be considered 8am-3pm with one hour lunch. Counselors will only be compensated for those days worked.

Newburyport School Committee.                                                     Newburyport Teachers Association

___________________________________________    ________________________________________

date                                                                                                date

MEMORANDUM OF AGREEMENT – CORI Checks

This Agreement is entered into by and between the Newburyport School Committee (hereinafter the Committee) and the Newburyport Teachers Association (hereinafter the Association) this ____ day of November, 2003. For valuable consideration acknowledged as given and received, the Committee and the Association hereby agree to the following terms and conditions relative to the implementation of Chapter 385 of the Acts of 2002:

1.                   The Superintendent of Schools shall request and review CORI checks. Such checks shall take place not more than once every three (3) years.

2.                   Teachers shall be made aware that CORI reports concerning them are being requested and when such request is actually made. In accordance with state law, all current and prospective teachers shall sign a CORI Request Form which shall be maintained by the Superintendent, authorizing receipt by the Newburyport Public Schools of all available CORI data from the Criminal History Systems Board. In the event that an individual teacher has questions concerning the signing of the CORI Request Form, he/she may meet with the superintendent. If the concerns are not resolved and the teacher fails to sign the CORI Request Form the Superintendent may take appropriate action. Any and all personnel actions resulting from a teacher’s failure to sign the CORI Request Form shall be conducted pursuant to the provisions of the General Laws of the Commonwealth of Massachusetts.

3.                   Employees shall be made aware that, upon request, they shall be provided with a copy of the CORI report received by the Superintendent.

4.                   A teacher may challenge information contained in his/her CORI report by notifying the Superintendent, in writing, of his/her intent to challenge the CORI report within ten (10) days of the teachers receipt of the CORI report from the Superintendent’s office as described in paragraph 2 above. If the teacher informs the Superintendent in writing that there is an error in his/her CORI

report, then the teacher will be given thirty (30) days to have the CORI report corrected by the Criminal History Records Board (CHRB). The Superintendent may extend this thirty (30) day period as needed. Such an extension will not be unreasonably denied. No personnel action will be taken against the teacher until the teacher has received a response from the CHRB.

5.                   All CORI records shall be kept in a separate, secure file maintained in the office of the Superintendent separate from personnel files. Upon retirement or termination of his/her employment an employee may request in writing that s/he be given his/her reports. Such reports shall be provided to the employee within ten (10) days of the request.

6.                   Access to CORI records will be restricted to the Superintendent or his/her designee, the Human Resources Administrative Assistant and the Principal of the teacher, except that, where a teacher challenges any disciplinary action taken by the Committee as a result of an unfavorable CORI, the CORI report and/or its contents may be shared with others.

7.                   After review of a CORI report, the Superintendent, if s/he deems it necessary, may meet with the employee who may, at such meeting, be represented by the Association,. Any and all personnel actions resulting from information acquired from a CORI report shall be conducted pursuant to the provisions of the Collective Bargaining Agreement and the General Laws of the Commonwealth of Massachusetts.

Signed this ____ day of _______________________ , 2003.

By the Newburyport Teachers Association                                    By the Newburyport School Committee

___________________________________________    ________________________________________

President                                                                                                Superintendent of Schools

Newburyport Teachers Association

MEMORANDUM OF AGREEMENT – Smoking Policy This Agreement is entered into by and between the Newburyport School Committee (hereinafter the Committee) and the Newburyport Teachers Association (hereinafter the Association) this ____ day of November, 2003. For valuable consideration acknowledged as given and received, the Committee and the Association hereby agree to the following terms and conditions relative to the implementation of G.L. c.71, §37H as it pertains to members of the bargaining unit.

1.       The Committee and the Association agree that the appropriate level of discipline for smoking on school grounds or at school-related functions shall be the following:

First Violation:                                                     –Letter of reprimand to include warning for further violations

Second Violation:                                                – –Loss of one (1) day of pay

Written warning for further violation

Third Violation:                                                   –Five (5) days suspension with loss of pay

Subsequent Violations:                                      –Subject to dismissal

Signed this ____ day of ________________________ , 2003.

By the Newburyport Teachers Association                                    By the Newburyport School Committee

___________________________________________    ________________________________________

President                                                                                                Superintendent of Schools

Newburyport Teachers Association

Signed this day of _______________________ , 2006

INDEX

(VHS) Positions

33

A

 

academic year

 17, 20, 21

accused

15

Administration

 11, 12, 28

Alternate Pay Plan

43

Annual Allowance

16

Art

35

ASSIGNMENT OF ADVISORS

47

assignments

 8, 12, 13, 30, 37, 38, 55

B

 

base stipend

31

Base Stipend

32

benefits

 16, 17, 23, 37, 40, 59

bulletin boards

29

C

 

Cafeteria Benefits Plan

24

Certification

 13, 35

Change in Assignment

13

Class

 11, 50

Coaches

53

Collaborative

 65, 66, 67, 68, 71, 72, 73, 89

COLLABORATIVE

 66, 68, 69

COMPENSATION

47

complaint

15

Contingency

12

course materials

27

Court Appearance

20

Cumulative Sick Leave

16

Cycle

10

D

 

Definitions

 3, 10, 34

dental

23

department chairperson

62

Departments

35

Descriptors

32

Detention

8

DUES AUTHORIZATION

58

Duration

40

Duties

10

Duty Free Lunch

8

E

 

Elementary School

 12, 43

English

 10, 12, 35, 62, 65

Enrichment Period

55

Evaluation

 16, 30, 36, 65, 66, 67, 68, 71, 72, 73, 84, 87

Evening Meetings

8

Exclusive Remedy

5

extended leave

 21, 22

Extended leave without pay

21

Extended Vacations

28

Extra Help Sessions

8

Extracurricular Assignments

13

F

 

Faculty Meetings

10

Flexible Work Schedule

9

FMLA

 17, 21, 22

FMLA Leave

 17, 22

Foreign Language

35

Funeral Leave

19

G

 

GRIEVANCE FORM

57

Guidance

35

H

 

Head Teachers

8

High School

 10, 11, 24, 33, 48, 55, 94

History

 35, 95, 96

I

 

In-Service Program

25

insurance

 21, 22, 23, 24, 37

J

 

job description

 30, 31, 47, 62

JOB DESCRIPTION

47

Jury Duty

20

L

 

laid off

 36, 37, 38, 40

layoff

 9, 35, 36, 37, 59

leave

 8, 16, 17, 18, 19, 20, 21, 22, 23, 34, 38, 40, 59

Leave

 20, 21, 22, 23, 28

Library Teacher

35

M

 

Mail boxes

29

Mandatory Training

10

Math

 48, 50, 55

Mathematics

 12, 35, 62

Matrix

 25, 30, 31

Max Stipend

32

medical

 18, 23, 24, 37, 82

Mid Range Stipend

32

Middle School

 10, 11, 12, 24, 50

Military Leave

19

Module/Mod

10

Music

35

N

 

Non-Teaching Duties

9

O

 

Options Beyond the Salary

26

Other Stipended Positions

33

P

 

Parent Teacher Conferences

10

Parental Leave of Absence

20

Part time Teachers

35

PERFORMANCE EVALUATION

 29, 87, 89, 91

Period/Block

11

Personal Injury

20

Personal leave

19

Personal Leave

 18, 19

Philosophy

24

Physical Education/Health/Wellness

35

PREAMBLE

1

Preparation

11

preparation time

 11, 12

Procedure

3

Procedures

 1, 28, 36, 60

Professional Development Council

 6, 24, 25, 26

professional staff

 6, 8, 9, 17, 18, 25, 28, 29, 59

professional teacher status

 5, 36, 37, 40, 59, 62

Program for In-Service Credit

25

Promotion and Retention

16

Purpose

 3, 67

Q

 

qualified

 13, 14, 36, 38, 39, 47

Qualified

35

Quarantine

20

R

 

recall

 35, 36, 37, 38, 39, 40, 59

Recall

 35, 37, 38

reduction-in-force

 36, 37, 39

Reduction-in-force

36

registration

27

Religious Leave

20

reprimand

97

Resignations

28

retirement

 17, 36, 96

Retirement Benefits

17

S

 

Sabbatical

 22, 23

Salary

 23, 25, 26, 30, 42, 43, 44, 45, 53

SCHEDULE OF STIPENDS

49

School Committee

 4, 6, 7, 11, 13, 16, 17, 18, 24, 28, 29, 33, 41, 42, 47, 53, 54, 58, 60, 63, 65, 93, 94, 95, 96, 97

School Nurse

35

School Nurses

52

Science

 12, 35, 48, 50, 55, 62

Section

 2, 5, 7, 10, 15, 18, 21, 22, 24, 29, 30, 35, 38, 42, 43, 44, 47, 49, 50, 52, 57, 61

seniority

 6, 13, 34, 35, 36, 37, 39, 40, 59

Seniority

 34, 36, 39

sick leave

 16, 17, 18, 21, 22, 43

Sick Leave

17

Social Studies

 12, 62

Special Education

 35, 60, 62, 67, 84, 87

Special Subject Teachers

8

Staff Meetings

7

Starting and Dismissal Times

7

Step Four

 3, 4, 5

Step One

 3, 4

Step Three

 4, 5

Step Two

4

Study Committees

40

Subject

 2, 6, 8, 10, 71, 72, 73, 97

substitute

 11, 28, 38, 52, 59, 62, 83

Summer School

13

T

 

Teachers Who Work In More Than One School (Itinerant Teachers)

13

Technology

 35, 55, 62

Technology Education

35

Time on Task

32

Transfers

14

tuition

 25, 26, 27

Tuition Reimbursement

 24, 26

V

 

Vacancies

 14, 35

vacancy

 14, 38

VHS Coordinator

33

VHS Teacher

33

 

 

 

 

Waiver

 40, 57

WAIVER FORM

59

Wellness

62

Work Year

6