Newton

AGREEMENT

BETWEEN

SCHOOL COMMITTEE OF THE CITY OF NEWTON

AND NEWTON TEACHERS ASSOCIATION

UNIT A

September 1, 2006 - August 31, 2009

Extended by MOA to August 31, 2010

Extended by MOA to 2014

 

TABLE OF CONTENTS

PREAMBLE

This agreement made and entered into this 13th day of February, 2007, by and between the School Committee of the City of Newton, Massachusetts (hereinafter referred to as the “Committee”), and the Newton Teachers Association, Inc. /Massachusetts Teachers Association/National Education Association (Unit A) (hereinafter referred to as the “Association”), pursuant and subject to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts.

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

1.                  Under the Laws of the Commonwealth of Massachusetts, the Committee, elected by the citizens of Newton, has final responsibility for establishing the education policies of the public schools of Newton;

2.                  The Committee reserves as its own prerogative all the powers and duties conferred on it and vested in it by current Massachusetts statutes. In the performance of its duty, the Committee shall comply with all laws which relate to the operation of the public schools;

3.                  The Superintendent of Schools (hereinafter referred to as the “Superintendent”) has responsibility for carrying out the policies so established; and

4.                  Each member of the professional staff (unless specified to the contrary, hereinafter referred to as “teacher”) of the public schools of Newton has the duty to perform his/her functions to the utmost of his/her ability.

ARTICLE 1

Recognition

Section 1:         For the purposes of collective bargaining with respect to wages, hours, and other conditions of employment and the negotiations of collective bargaining agreements, the Committee hereby recognizes Unit A of the Association as the exclusive collective bargaining representative and agent of all regularly appointed full-time and part-time classroom teachers, librarians, guidance and adjustment counselors, psychologists, social workers, speech and hearing specialists, occupational and physical therapists, enrichment coordinators, teachers in charge, special education teachers, youth development program workers, on site work supervisor, coaches, media specialists, science specialists, resource room teachers, and learning center teachers.

Section 2:         Teacher is defined as a member of the bargaining unit as indicated above. All other employees, including the Superintendent of Schools, the assistant superintendents, directors, assistant directors, principals, assistant principals, senior high school department heads, housemasters, administrative assistants, curriculum coordinators, assistant curriculum coordinators, supervisors, assistant supervisors, consultants, substitutes, tutors, casual employees, seasonal employees and other employees are excluded.

ARTICLE 2

Committee Rights

Section 1:         The Newton School Committee is a public body established under and with powers provided by the General Laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall derogate from the powers and responsibilities of the Committee under the General Laws of the Commonwealth or rules and/or regulations of the Commonwealth of Massachusetts. The Committee retains those rights, powers, and duties it now has and those that may be granted or have conferred upon it by the General Laws of the Commonwealth. Except as specifically abridged or modified by a term of this Agreement, the exercise of the Committee's aforesaid rights shall be final and binding.

Section 2:         The Association agrees that the School Committee of the City of Newton has complete authority over the policies and administration of all school departments which it exercises under the provisions of law and in fulfilling its responsibilities under this Agreement, including the establishment of work rules and regulations not inconsistent with the terms of this Agreement. Any matter involving the management of school operations vested by law in the Committee is in the province of the Committee.

Section 3:         In light of the passage of the Education Reform Act of 1993, Committee as used herein, shall include Principals and/or the Superintendent whenever necessary to fulfill the purpose and intent of this Article.

ARTICLE 3

Grievance - Arbitration

Section 1:         A grievance is defined as a dispute, claim, or controversy by an employee or employees concerning rates of pay, hours or working conditions, or the interpretation or application of the terms of this Agreement.

Section 2:         The time limits indicated herein will be considered maxima unless extended by mutual agreement in writing. All time limits shall be calendar days unless otherwise indicated. Calendar-day time limits shall not apply during any school holiday or vacation.

Section 3:         The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those grievances of the employees covered by this Agreement. The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance at the procedure level involved.

Section 4:         Nothing herein contained shall be construed to prevent any person from informally discussing any matter in his/her own interest with his/her supervisor, the Administration, or the Committee.

Section 5:         An employee with a grievance may be represented at all stages of the grievance procedure by a person of his/her own choosing except that he/she may not be represented by a representative of any teacher organization other than the Association. When an employee is not represented by the Association, the Association shall have the right to be present and state its views at all stages of the grievance procedure above Step 1.

Section 6:         Failure at any step of this procedure to communicate the decision of a grievance within the specified time limits to the aggrieved employee shall permit the aggrieved party or parties to proceed to the next step.

Section 7:         A grievance must be filed within twenty (20) days from the day the employee had or reasonably should have knowledge of the event upon which the grievance is based. The grievance shall be dated and signed.

Section 8:         Step 1: An employee with a grievance will present it promptly to his/her principal either directly or through the Association. In the event that the employee is not directly responsible to an individual principal, then he/she will present it to his/her immediate supervisor with the object of resolving the matter informally.

Step 2: If the grievance is not resolved to the satisfaction of the grievant within seven (7) days after the submission at Step 1, the grievant may present the grievance in writing (on a form mutually agreeable to the parties) to the Superintendent of Schools or the designee of the Superintendent within fifteen (15) days after the grievance was rejected at Step 1, or if no decision was made within the seven (7) day limit at Step 1, within fifteen (15) days after the seven (7) day time limit.

Step 3: In the event the grievance is not resolved at Step 2 within fourteen (14) days, the grievance may be presented to the School Committee within twenty-one (21) days of the expiration of the fourteen (14) day time limit or within twenty-one (21) days after the date on which the grievance was rejected by the Superintendent of Schools or his/her designee. The School Committee shall issue its decision in writing within twenty (20) days after the grievance is presented.

Step 4:

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 3, the Association may refer the unsettled grievance to arbitration in writing within twenty (20) days after the decision of the School Committee under Step 3. 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 election shall be made by the American Arbitration Association, in accordance with its rules and regulations.

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

C.         Notwithstanding any contrary provisions, no dispute or controversy shall be the subject for arbitration unless it involves the interpretation or application of a specific term or provision of this Agreement.

D.        The arbitrator will be without power or authority to alter, add to, or detract from the provisions of this Agreement or to make a decision which:

1.                  is violative of or inconsistent with any of the terms of this Agreement or applicable law;

2.                  exceeds his/her jurisdiction and authority under law and this Agreement;

3.                  involves any matter which by law or under the terms of this Agreement is within the exclusive authority of the Principal and/or Superintendent, or the Committee; or

4.         involves any matter wherein the Principal and/or Superintendent, or the Committee's decision is final and binding under the terms of this Agreement or by law. Subject to the foregoing, the decision of the arbitrator shall be submitted to the Committee and the Association and shall be final and binding upon the Committee, the Association, and the employees who initiated the grievance.

E.         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.

F.         No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of Newton for any employee involved in presenting such grievance.

G.        Any meeting with reference to the grievance arbitration procedure shall be held during non-school hours.

Section 9:         Notwithstanding any contrary provisions in this Agreement, the following shall not be subject to the grievance-arbitration provisions of this Agreement:

A.        Any incident which occurred or failed to occur prior to the effective date of this Agreement unless the grievance was timely filed and/or appealed under the preceding Agreement;

B.         Matters which may be reviewed by the Civil Service Commission, the Teachers' Retirement Board, or any matter involving the dismissal of a teacher with professional teacher status.

C.         The failure or refusal of the Superintendent and/or Principal, as the case may be, to renew the contract of, or reappoint, a teacher without professional teacher status; however, the parties agree that in the event the Superintendent fails to reappoint or renew the contract of a teacher without professional teacher status:

1.                  Upon written request to the Superintendent by the teacher involved, the Superintendent or his/her designee will meet with the teacher to discuss the reason/s for such non-renewal or non-reappointment. Upon request of the teacher, a member of the Ethics Committee of the Association will be allowed to be present.

2.                  Any written response to the Superintendent’s action by the teacher, will be filed with, or attached to, the teacher's personnel record; and

3.                  Upon written request to the Superintendent by the teacher involved, the teacher's personnel file will be forwarded to the Committee for review by the Committee of its action with respect to the failure to renew the contract of or failure to reappoint the teacher involved.

4.                  The teacher may request in writing that he or she appear before the School Committee to express the teacher's position concerning non-reappointment. The Superintendent and/or the Principal, as the case may be, may in their exclusive discretion grant such a request.

D.        Dismissal of a teacher without professional teacher status.

Section 10:       The parties may, by mutual agreement, submit more than one pending grievance to the same arbitrator.

Section 11:       In the event a grievance is filed but all the steps have not been completed prior to the end of the school year in June, such grievance shall be held in abeyance until the commencement of the school year the following September, at which time the time limitations set out herein shall continue to run.

Section 12:       If, in the judgment of the Association, a grievance cannot be appropriately addressed at Level One, said grievance shall commence at Level Two.

Section 13:       A suspended employee shall not be entitled to utilize the grievance-arbitration provisions of this Agreement in the event he/she seeks review of the suspension under the General Laws of the Commonwealth.

ARTICLE 4

Resolution of Differences by Peaceful Means

Section 1:         The Association recognizes that the membership is prohibited by law from engaging in strikes and the Association agrees that it does not assert the right to strike against the City of Newton or its School Committee. The Association shall not cause or sponsor, and no professional employee represented by it in the City of Newton shall cause or participate in, any strike, work stoppage, slowdown, sanctions, or any other interferences with work.

Section 2:         Employees who participate in any such activity may be disciplined or discharged as the Committee, Superintendent and/or Principal, as the case may be, in its judgment deems proper provided, however, that the issue of fact as to whether an individual has engaged in such activities may be the subject of the grievance and arbitration procedure, within the limits of the law.

Section 3:         The Committee agrees that, during the term of this Agreement, it will not lock out any employees covered by this Agreement, nor engage in any other interference with work.

Section 4:         The Association agrees to reimburse the Committee for any monies required to be expended by it as a result of an unlawful strike, stoppage of work, slowdown, or any other interference with work occurring during the term of this Agreement and authorized by the Association.

ARTICLE 5

Sick Leave

Section 1:         Every regular professional employee of the Newton School Committee covered by this Agreement shall be granted an annual leave of fifteen (15) days without loss of pay for absence caused by illness.

Section 2:         After fifteen (15) years' service, an employee shall begin each successive year with a minimum of fifteen (15) days' sick leave plus one (1) day for each year of service; after twenty-five (25) years' service, an employee shall begin each successive year with a minimum of fifteen (15) days' sick leave plus two (2) days for each year of service.

Section 3:         Accrued unused sick leave shall not increase by more than fifteen (15) days each year.

Section 4:         Except as provided in Section 3, unused sick leave will accumulate from year to year without limitation.

Section 5:         Sick leave with pay is intended to cover the employee’s own incapacitation due to sickness or injury.

Section 6:         Once a year, upon request, teachers will be furnished information showing the employee's sick leave accumulation.

Section 7:         An employee will earn and receive credit for fifteen (15) days' sick leave in a particular school year upon reporting for work and performing a minimum of one full day's service at the beginning of that school year.

Section 8:         Except on reinstatement after an approved leave of absence, no sick leave credit for prior employment in Newton (or elsewhere) will be allowed to any newly hired teacher or teacher rehired after termination of service.

Section 9:         An individual who transfers from employment with the City of Newton without interruption in service to a position covered by this Agreement shall be credited with any sick leave credit earned by such employee while an employee of the City of Newton.

Section 10:       Upon the retirement or death of an employee covered by this Agreement, said teacher or his/her estate will receive one-quarter (1/4) pay for all the employee's unused accumulated sick leave days up to a maximum of $2,000. Sick leave pay for unused sick leave shall be calculated on the salary basis the employee was receiving at the time of death or retirement.

Section 11:       Sick Leave Bank

A.        A sick leave bank for use by eligible teachers covered by this Agreement who have exhausted their own sick leave and who have serious illness was established on November 25, 1975.

B.         At the beginning of every school year, 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. There shall be no accumulation of unused sick leave bank days beyond each applicable school year.

C.         The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days.

D.        Upon completion of an initial grant of a thirty (30) day period, the period of entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant.

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

F.         The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of four members. Two members shall be designated by the Committee to serve at its discretion and two 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:

1.         Adequate medical evidence of serious illness;

2.         Prior utilization of all eligible sick leave.

G.        If the Sick Leave Bank is exhausted, it shall be renewed by the contribution of one additional day of sick leave by each member of the professional staff covered by this Agreement. Such additional day will be deducted from the teacher’s annual fifteen (15) days of sick leave.

H.        The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.

*          The Sick Leave Bank referred to above is a consolidated bank consisting of contributions from both Unit A and Unit B members and is designed for the benefit of both Unit A and Unit B members.

ARTICLE 6

Sabbatical Leave

Section 1:         Any teacher who has served continuously in the Newton Public Schools for a period of at least seven (7) years may, on the recommendation of the Superintendent of Schools, be granted sabbatical leave of absence not exceeding one (1) year for the purpose of study or research.

Section 2:         A person on sabbatical leave for more than one-half (1/2) of a school year, shall receive a salary equal to one-half (1/2) the annual salary to which he/she would have been entitled had he/she continued in his/her regular duties that year. A teacher on sabbatical leave for one-half (1/2) of a school year or less, shall receive his/her regular salary for that period of time. A teacher returning from sabbatical leave shall be placed on the step of the salary schedule he/she would have attained had he/she continued in his/her regular duties.

Section 3:         The arbitrary refusal of the Committee to restore a teacher returning from sabbatical leave to his/her former position will be subject to the grievance/arbitration provisions of this Agreement.

Section 4:         Before beginning the sabbatical leave, the teacher shall enter into a written agreement with the Committee that upon termination of such leave, he/she will return to service in the Newton 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 to the City of Newton an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered. The employee may be released from such payment if his/her failure to serve the time stipulated be due to his/her illness, disability, or death, or if he/she be discharged from his/her position by the Committee.

Section 5:         Requests for leave of absence shall be made, if possible, before November 1 of the school year previous to the school year for which leave of absence is requested, but in any event in a reasonably timely manner for action by the Committee.

Section 6:         A committee of three members of the Newton Teachers Association shall serve in an advisory capacity to the Assistant Superintendent of Human Resources to assist in the following areas:

A.        decisions concerning the awarding of sabbatical leaves;

B.         if necessary, revisions of the sabbatical leave criteria;

C.         as they arise, various other sabbatical leave problems.

ARTICLE 7

Leaves of Absence With Pay

Section 1:         A full-time member of the professional staff covered by this Agreement will be allowed up to a total of six (6) days' leave of absence without loss of pay in any one (1) school year for the following reasons:

A.        Death or serious illness in the immediate family (immediate family for the purpose of this Section is defined to mean father, mother, father-in-law, mother-in-law, brother, sister, wife, husband, child, grandparents, near relatives residing within the household of the employee, and same sex partner);

Leave for such bereavement or parental illness may exceed six (6) days in a contract year upon application and approval by the Assistant Superintendent of Human Resources or designee, only to the extent that family illness/urgent personal business days were not used in the single contract year immediately preceding.

Nothing shall prevent consideration and approval in the exclusive and binding judgment of the Assistant Superintendent of Human Resources, or designee, of leave allowance based on need in excess of the foregoing limitation.

B.         Holy days;

C.         Court appearance by summons;

D.        Commencement exercises at which the employee, his/her spouse or child will be awarded a degree or diploma;

E.         Absence caused by an automobile accident involving the teacher on his/her way to employment (this limited to the day of accident only);

F.         Up to two (2) days may be allowed if a teacher's attendance is required by an educational institution (where the teacher is enrolled for the purpose of educational advancement or achievement) prior to the end of the school year. Such teacher may apply to the Superintendent for a leave of absence without loss of pay. The application shall be made no later than May 1 of the school year and must set forth the grounds for leave. Subject to the foregoing and the approval of the Superintendent and providing that no reasonable alternative course is available to the teacher, a teacher will be granted up to two (2) days' leave of absence for this purpose;

G.        Selective Service examination.

Section 2:         From the six (6) paid absence days established primarily for death and illness in the immediate family, two (2) days shall be allowed for urgent personnel business as judged by the employee. The following four (4) items of explanation apply:

A.        Wherever possible, the employee should give reasonable advance notice of his/her intended absence to his/her supervisor;

B.         The employee need not state the reason for the absence;

C.         Though permission to be absent need not be requested, the employee may be required to complete a form certifying that the personal day has been taken;

D.        The days may not be used to get an early start on or to intentionally lengthen a holiday or vacation or to simplify travel arrangements.

Section 3:         Employees covered by this Agreement will not suffer a loss of pay for absence caused by required court appearance in connection with school business or the teacher's employment. This section shall not apply to situations involving an employee's court appearance in connection with work stoppages, real or threatened, in violation of law or this Agreement.

ARTICLE 8

Leaves of Absence Without Pay

Section 1:         A leave of absence without pay of up to two (2) years will be granted to any teacher with professional teacher status who joins the Peace Corps, VISTA, or serves as an exchange teacher and is a full-time participant in any of such programs. Upon return from such leave, a teacher will be considered as if he/she were actively employed by the District for increment purposes during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.

Section 2:         A leave of absence without pay of up to two (2) years will be granted to a teacher with professional teacher status designated by the Association for the purpose of engaging in Association (local, state, or national) activities. Upon return from such leave, a teacher will be considered as if he/she were actively employed by the District during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent. No more than two (2) teachers will be absent at any one time for such leave.

Section 3:         As covered by applicable law, military leave of up to four (4) years will be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed during the period of his/her absence up to a maximum increase of four (4) years.

Section 4:         A leave of absence without pay or increment of up to one (1) year may be granted to teachers with professional teacher status for the purpose of caring for a sick member of the teacher's immediate family. Requests for such leave will be supported by appropriate medical evidence.

Section 5:         A leave of absence without pay or increment of up to one (1) year may be granted to teachers for health reasons. Requests for such leave will be supported by appropriate medical evidence.

Section 6:         A leave of absence without pay or increment of up to two (2) years may be granted to teachers with professional teacher status in order to campaign for elected office and/or serve in elected office.

Section 7:         A leave of absence without pay and without increment of up to one (1) year shall be granted by the Superintendent to teachers for the purpose of child care. Such leave will terminate at the start of the school year (September) immediately following such leave. Any subsequent requests by the same teacher may be granted at the discretion of the Superintendent.

Section 8:         With respect to leaves under Sections 4, 5, and 6 herein, the decision of the Superintendent shall be final and binding.

Section 9:         The teacher shall notify the Superintendent by March 15 of his/her intention to return the September following the termination of his/her leave. All requests for extensions or renewals of leave must be applied for in writing on or before March 15 of each year in which the leave expires. Decisions on such requests will be confirmed in writing by April 15.

Section 10:       Applications for all leaves of absence without pay as set out in this Article must state the specific reasons therefore and must be submitted to the Superintendent by March 15 immediately preceding the beginning of the school year in which the leave is to take place, except in the case of military or health reasons. If the reason for requested extended leave of absence is due to prolonged illness or recovery from injuries, the application shall be supported by a physician's certificate setting forth the nature of illness or injury and that the absence is medically necessary; and in such case the Superintendent may require the employee to undergo a physical examination by a physician designated and paid by the Committee. Except in the case of military or health reasons, leaves of absence shall commence at the beginning of the school year.

Section 11:       It is recognized that no specific position can be held open during any leave but in all instances reasonable efforts will be made to assign the teacher to the same position which he/she held at the time the leave commenced. If such position is not available, then reasonable efforts will be made to assign the teacher to a substantially equivalent position.

ARTICLE 9

Other Leaves

Section 1:         A leave of absence without pay of up to one (1) year may be granted at the exclusive discretion of the Superintendent to any teacher with professional teacher status for purposes of approved work, study and/or travel. The decision of the Superintendent shall be final and binding.

Section 2:         Other leaves of absence with or without pay may be granted to members of the professional staff at the exclusive discretion of the Superintendent whose decision shall be final and binding.

Section 3:         A teacher who is subpoenaed to serve on a jury and who has attempted to get an exemption and has been denied said exemption will be granted paid leave for that period of time he/she is unable to work, with a deduction from said pay of any monies received for said jury services.

Alternative Employment Leave

Section 1:         An alternative employment leave of absence without pay or increment will be granted under the following conditions:

A.        The teacher must have taught in Newton for seven (7) years.

B.         Application must be filed and plans for employment developed by March 15.

C.         The leave may be for a period of one (1) or two (2) full school years at the discretion of the Committee.

D.        The leave cannot be for the purpose of serving in a private or public elementary or secondary school system within the Commonwealth of Massachusetts.

E.         Unless the Committee is advised of the teacher's expected return prior to March 15 of the year of return, said teacher's employment shall terminate.

F.         The provisions of Article 8, Section 11 shall apply to the return from such leave.

G.        The Committee should not be responsible for unemployment compensation during this leave period.

ARTICLE 10

Maternity Leave

Section 1:         A teacher who is seeking a maternity leave shall notify the Assistant Superintendent for Human Resources, in writing, as soon as possible and shall request a leave of absence, specifying the dates requested for the beginning and end of the leave. The notification shall be provided as far in advance as possible, but at least two (2) weeks before the leave is to begin. The purpose of such notification is to provide the administration as much opportunity as possible to make suitable arrangements for continuity with respect to the teacher's assignments.

Section 2:         A leave of absence granted to a teacher because of her pregnancy shall be without pay, except during the time of her disability. A teacher who is physically unable to work because of disability directly connected to pregnancy or termination of pregnancy may use accumulated personal sick leave to cover those days when she is disabled and unable to work. The Superintendent may require the teacher to submit adequate medical evidence of the period of disability. There will be a presumption that the teacher is disabled for a period of eight (8) calendar weeks from the beginning of her maternity leave.

Section 3:         A.        Employees requesting a maternity leave commencing after the beginning of a school year shall be eligible to have the remainder of that school year off.

B.         An employee who commences maternity leave on or after April 15 shall be eligible to have the remainder of that school year off plus the next school year.

C.         An employee who leaves on or after April 15 and notifies the Superintendent or his/her designee that she intends to take the next school year off must take the next year off unless she notifies the Superintendent of her intention to return prior to June 1 preceding the next school year.

D.        Ordinarily, a teacher will not be allowed to return from leave within the school year unless the teacher wishes to return after a leave of eight (8) calendar weeks or less or unless the teacher wishes to return immediately upon the termination of her disability. The Superintendent retains the right to determine whether to grant the request of an employee to return from leave within the school year.

Section 4:         When the teacher returns from maternity leave, the school administration will assign the teacher to the same or similar subject or grade level which she held at the time the leave commenced.

ARTICLE 11

Initial Teacher Employment

Section 1:         The Principal, with the approval of the Superintendent, or the Superintendent, shall appoint teachers as provided for in the General Laws of the Commonwealth.

Section 2:         The minimum requirements for appointment as a teacher shall be those required from time to time by law; a statement of good health, based upon an examination as prescribed by the Director of Public Health of the City of Newton, and signed by a physician approved by the Committee, a bachelor's degree from an accredited institution; and certification by the Massachusetts Department of Education as required by law.

Section 3:         Initial placement on the salary schedule shall be based on training and/or experience.

Section 4:         With respect to initial placement, the Committee shall determine, based on reasonable criteria, the amount of credit which may be given for previous outside teaching experience, related experience, and Peace Corps work. Reasonable effort will be made to award such credit equitably for all new employees.

ARTICLE 12

Part-Time Teachers

Section 1:         Part-time teachers who become full-time teachers shall be placed on a salary step in accordance with existing practice. Part-time teachers who teach .50 or more time shall advance on salary steps by full steps. Part-time teachers who teach less than .50 shall advance on salary steps by one-half steps.

ARTICLE 13

Teacher Assignment and Transfer

Section 1:         Teachers, other than newly appointed teachers, will be notified by the principal or department head of the grades and/or subjects that they will teach and of any special or unusual classes that they will have for the coming year as soon as practicable and under normal circumstances not later than the first week in June. Teachers who are assigned to a different school or classroom will be provided adequate moving services in a timely fashion.

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

Section 3:         In making changes in grade assignments in the elementary schools and in subject assignments in the secondary schools, the convenience and wishes of the individual teacher will be considered to the extent that these do not conflict with the best interests of the school system and the pupils. Any applicant for a voluntary transfer who is not selected for the new position will be so notified in writing by the Superintendent or his designee. This notification will include the specific reasons for the denial of the application for transfer.

Section 4:         Teachers who desire a change in grade, subject assignment, or a transfer, will file a written statement of such desire with the office of the Superintendent not later than March 15. Such statement will include the grade and/or subject to which the teacher desires to be assigned.

Section 5:         In making transfers, the convenience and wishes of the individual teacher will be considered to the extent that these do not conflict with the best interests of the school system and the pupils.

Section 6:         When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, length of service in the system, and quality of teaching performance, along with educational needs will be considered in determining which teacher is to be transferred.

An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his/her designee), at which time the teacher will be notified of the reasons for the transfer.

Any teacher who indicates in writing his/her intent to retire shall be exempt from involuntary transfer within the life of this contract.

Section 7:         Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later than the last week of school.

Section 8:         Exceptions to provisions of Sections 1, 2, 3, 4, 5, and 7 above may be made if the Committee or Superintendent determines that it is necessary to do so for the best interest of the teacher and/or school system.

Section 9:         Teacher assignment will be made without regard to race, creed, color, religion, nationality, sex, age, or marital status.

ARTICLE 14

Reduction in Force

Section 1:         The Committee retains the right to determine the number of teaching positions and other professional positions which are needed in the school system. The Superintendent retains the right to determine the teachers to be laid off and/or recalled.

Section 2:         Decisions regarding the number of positions to be reduced or the number of teachers to be laid off and/or recalled shall be final and binding except where specifically abridged or modified by this clause and/or by a term of the Agreement.

A.        The Superintendent shall make every effort to notify a teacher with professional teacher status affected by a reduction in staff by May 15, and in no event later than June 15, of the school year preceding the school year in which reduction is to be effected.

B.         To the extent practical, normal attrition will be used to accomplish any reduction in force. That is, teachers who resign, retire, or terminate for any other reason will not be replaced by teachers new to the system if there are teachers on the recall list who are qualified to fill the vacancies.

Prior to any layoff, should funds be available, the Committee may choose to offer separation incentives to increase natural attrition.

C.         When the Committee determines that the number of staff to be employed for a given school year is less than that of the previous year:

1.                  No teacher with professional teacher status shall be laid off while a teacher without professional teacher status is holding a job which a teacher with professional teacher status is certified and qualified to fill.

2.                  With the specific exceptions noted as follows, layoffs of teachers with professional teacher status shall occur in the reverse order of seniority within their certifications and qualifications as reasonably determined by the Superintendent. Though the Superintendent, on request from the Association, shall give the reasons for his/her determination, the final decision will rest exclusively with the Superintendent and will not be subject to an arbitrable claim except on the charge that the determination was arbitrary and capricious.

The exceptions to the foregoing are the following:

A.        When it can be demonstrated that a teacher's performance is less than satisfactory in accordance with Article 19, Section 7, then that teacher may by laid off instead of the most junior teacher;

B.         When it can be demonstrated that the needs of the system , based upon relevant educational criteria, require a teacher to teach a course or provide a specialized service of a professional educational nature by reason of his or her academic background, training, or experience, then that teacher may be retained notwithstanding that teacher's seniority;

C.         When it can be demonstrated that the Committee's affirmative action, accomplishments, and aims would be adversely affected.

Section 3:         Teachers Without Professional Teacher Status When a reduction in staff is necessary, as determined by the Committee, the decision as to the reduction of teachers without professional teacher status to be released and to be rehired shall be final and binding.

A.        The Principal and/or the Superintendent, as the case may be, shall, in the case of a teacher without professional teacher status, notify him/her in writing on or before June 15, whenever such person is not to be employed for the following year. Such decision by the Principal and/or the Superintendent shall be final and not subject to arbitration.

B.         To the extent practical, normal attrition will be used to accomplish any reductions in force.

C.         The Superintendent will publish, system-wide, by posting in each building, a list of all vacancies as soon as possible after he learns of them. During the summer vacation period, a notice containing all existing vacancies will be made available to bargaining unit members through an automated telephone access system. A notice shall also be sent to the Newton Teachers Association by U.S. Mail.

Anything contained in this Section 3 to the contrary notwithstanding, the provisions of Section 3, Paragraph C of the 1992-1994 collective bargaining agreement shall continue to apply to all teachers without professional status who were employed as of December 1, 1994.

Section 4:         Definitions

A.        Seniority is defined as a teacher's length of service in years, months, and days in Unit A from the most recent date of employment in the Newton Public Schools.

B.         Authorized Leaves of absence with pay which qualify for full increment advancement shall be considered time worked for purposes of seniority. Authorized leaves of absence without pay shall not be considered a break in service but will not count toward seniority.

C.         Breaking ties shall be resolved by considering the following educational criteria:

•                      Degree level

•                      Previous teaching experience

•                      Demonstrated extraordinary performance

Section 5:         Recall Rights

A.        Any teachers with professional teacher status who have been laid off shall be entitled to recall rights for a period of twenty-six (26) months from the last day of teaching.

B.         However, teachers on layoff who have declined the offer to be rehired, or a teacher who refuses a position comparable in subject matter and F.T.E. to the position held prior to the layoff, may be dropped from the recall list.

C.         All benefits to which a teacher was entitled at the time of layoff shall be restored in full upon re-employment within the recall period.

D.        During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire.

E.         To the extent permitted by the M.G.L., c.32B, laid-off teachers may continue group health and life insurance coverage during the recall period, as provided by the Committee to members of the bargaining unit, by reimbursing the Committee for premium cost. Failure to forward premium payments to the Committee, or refusal to return to employment upon recall will terminate this option.

F.         During the recall period, teachers on the recall list shall be notified by certified mail of available positions, provided they submit to the office of the Superintendent a self-addressed envelope(s).

G.        Teachers on the recall list who are qualified and certified will be given preference for positions comparable in subject matter and F.T.E. to the position held prior to the layoff.

Preference will be given to those teachers on the basis of seniority, degree level, previous teaching experience and performance.

ARTICLE 15

Vacancies and Promotion

Section 1:         The filling of vacancies within the Newton School System is the responsibility of the Principal, with the approval of the Superintendent, or Superintendent, as the case may be, in accordance with the General Laws of the Commonwealth.

Section 2:         Whenever a vacancy occurs in either an established or newly created position (including positions in Summer School and the Continuing Education Program) during the school year (September to June), it will be adequately publicized by means of notices placed on faculty bulletin boards as soon as the vacancy occurs, and by the following methods:

A.        Written communication to be sent to each member of the professional staff. Notices will be distributed through the place of work;

B.         Sending a notice to the Newton Teachers Association by U.S. mail. The above means of communication shall be sent as far in advance of the appointment as possible but a minimum of fifteen (15) days before the final date when applications must be submitted.

Section 3:         During the summer vacation period, a notice containing all existing vacancies will be made available to bargaining unit members through an automated telephone access system. A notice shall also be sent to the Newton Teachers Association by U.S. Mail.

Section 4:         All such notices shall set forth the specifications, qualifications, and compensation for the position and the date by which application shall be filed with the Superintendent.

Section 5:         An opening will not be publicized when in the judgment of the Superintendent it may be filled by a person on leave of absence from the Newton Public Schools.

Section 6:         The filling of vacancies, including advancements or promotions, shall be based upon the Superintendent/Principal or Superintendent’s, as the case may be, judgment as to what will best serve the interests of the students, and the Superintendent/Principal or Superintendent, as the case may be, will give due consideration to the professional background (attainment), knowledge, ability, skill efficiency, attendance, physical condition, general health, personality of the applicants, and other relevant factors.

Section 7:         Nothing in this Agreement shall prevent the Superintendent/Administration from making acting appointments in the best interest of the educational needs of the system until positions can be filled with permanent appointments. Time spent in such acting appointments shall not be regarded as evidence of superior qualifications for the permanent openings. No person shall serve more than one month in a classified position without receiving the classified salary commensurate with the permanent position.

ARTICLE 16

Substitutes

Section 1:         In the event that the regular teacher is absent, the Superintendent/Administration agrees to make a reasonable effort to provide a qualified replacement other than a regular teacher. An exception to this may be made in the event a group of teachers working together wish no substitute.

ARTICLE 17

Work Year, Teaching Hours, and Teaching Load

Section 1:         It is the intention of the Committee to maintain the existing practices with respect to total teacher hours of employment, length of school day, and work load. If considerations and circumstances warrant a change, the Committee will notify the Association of the contemplated change. In making its decision, the Committee will attempt to reach a decision that is mutually satisfactory.

Section 2:         To provide for greater flexibility in scheduling the school calendar, the parties agree that the two (2) conference days for teachers at the beginning of the school year may be scheduled on the Wednesday and Thursday before Labor Day. The work year for teachers will end one day after the last day for students but not later than June 30. Each year at least fourteen (14) days prior to the adoption of the school calendar for the following year, the President of the Association will be given a copy of the proposed calendar. If the Association does not agree with the proposed calendar, it may submit recommended changes to the School Committee, which will consider the recommendations prior to final adoption of the calendar by the School Committee.

The number of scheduled days in the work year shall be no more than 188 days, which shall include:

A.        One hundred and eighty-five (185) scheduled school days, less those days that school is canceled because of inclement weather. Such canceled days will be deducted, up to a maximum of five (5), from the total number of scheduled school days; however, in no event will employees be required to be present for more than one hundred and eighty-two (182) school days.

B.         In addition to required or maximum school days set out above, there shall be three (3) conference days during the school year to which employees covered by this Agreement shall be required to attend.

C.         In addition, the last student day of school prior to the summer break will be a half-day.

Section 3:         Psychologists may be required to work up to five (5) additional days during the summer at their per diem rate. Psychologists may work more than the required five (5) days on a voluntary basis at their per diem rate with the prior approval of the Superintendent or his/her designee.

ARTICLE 18

Class Size

Section 1:         Since the pupil-teacher ratio is an important aspect of an effective educational program and directly impacts a teacher's workload, the Committee and the Association agree that, where economically feasible and where adequate space is available, the staffing ratio policy (and the class size and maximum student load derived therefrom) now in effect shall remain in effect for the life of this Agreement.

Section 2:         The Committee will, where possible and practicable, and where economic and educational considerations permit, attempt to maintain a pupil to professional staff ratio no higher than the full number immediately above the existing ratio.

Section 3:         It is understood and agreed that the decision with respect to class size and pupil-staff ratio is within the exclusive judgment and discretion of the Committee.

ARTICLE 19

Teacher Evaluation

The Committee and the Association agree that the paramount purpose of evaluation is to promote professional excellence.

Section 1:         Evaluation of personnel shall be the responsibility of the Administration and may be conducted by them at any time after the teacher has been informed of the general criteria. This Criteria is specifically outlined in Appendix H: A Handbook For Evaluation Of Unit A Personnel In Newton, Adopted February 12, 2007.

Section 2:         Teachers will be given a copy of their evaluation report prepared by their supervisors and shall discuss each report with their supervisors. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher, upon request, may review such evaluation with the Superintendent or his/her designee. The teacher will also have the right to submit a written answer to such material, and his/her answer shall be attached to the file copy.

Section 3:         The Superintendent may honor the request that a regularly scheduled evaluation for any teacher with professional teacher status with a new assignment and/or a new school be deferred for one year.

Section 4:         The evaluative judgments of the Committee or Administration shall be final and binding; however, violations of procedures or improper applications of criteria are grievable and arbitrable.

Section 5:         The Superintendent/Administration has the right to supervise, evaluate, observe and write observation reports in each and every year to the extent that they want short of harassment.

ARTICLE 20

Non-Teaching Duties

Section 1:         The Committee and Association acknowledge that a teacher's primary responsibility is to engage in professional activities and that his/her energies should be utilized to this end.

ARTICLE 21

Tuition Cost and Tuition Reimbursement

Section 1:         The Committee agrees to pay the full cost of tuition when members of the professional staff are requested by the Superintendent to take a course or courses at accredited colleges, universities, or professional training schools.

Section 2:         It is agreed that such request and the Committee's authorization for tuition payment must both be in writing and received prior to the staff member's attendance.

Section 3:         The Committee agrees to budget and expend up to $50,000 in the 2006-2007 contract year $50,000 in the 2007-2008 contract year, and $50,000 for the 2008-2009 contract year with the following guidelines:

A.        The maximum amount of reimbursement is $400 per individual per contract year.

B.         Preference will be given to members seeking certification.

C.         Written application must be made on a form provided by the School Department.

D.        Decisions will be made by the school administration. The President of the Association will be given the opportunity to meet with the Assistant Superintendent of Human Resources to review the decisions and to make recommendations, if any, before the applicants are notified.

ARTICLE 22

Positions in Summer School and Continuing Education Program

Section 1:         Positions in the Summer School and Continuing Education Program (including positions paid by federal funds) will be filled by those deemed to be best qualified.

Section 2:         Positions in the Summer School and Continuing Education Program (including positions paid by federal funds) shall be publicized by a notice sent to each member of the professional staff. Notices will also be distributed throughout the place of work. Such notices shall be sent a minimum of fifteen (15) days before the final date when applications must be submitted.

Section 3:         If, in the judgment of the Superintendent, qualifications are equal, preference for positions in the Newton Summer School and Continuing Education Program (including positions paid by federal funds) will be filled by regularly appointed and qualified teachers in the Newton system. The decision of the Superintendent with respect to filling positions in the Newton Summer School and Continuing Education Program and under Federal programs shall be final and binding.

Section 4:         Teachers in summer workshops shall be paid at the rate of 1/185^th of the Bachelor Minimum, for each day worked.

ARTICLE 23

Instructional Materials

Section 1:         The Committee shall determine and provide sufficient instructional materials for all pupils during classroom hours and for scheduled authorized activities.

Section 2:         Recognizing the statutory responsibility of the Committee for instructional materials, it is understood and agreed that the decision of the Committee with respect to instructional materials shall be final and binding.

ARTICLE 24

Teacher Facilities

Section 1:         Where the buildings and facilities furnished by the City of Newton make feasible and practical to do so, the Committee, subject to physical limitations, shall make an effort to:

A.        Provide each school with the following:

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

2.                  A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials;

3.                  An appropriately furnished room to be reserved for the exclusive use of teachers as a faculty lounge. Said room will be in addition to the aforementioned teacher work area;

4.         Separate teacher dining areas in all schools;

5.                  Well-lighted and clean rest rooms; and

6.                  A serviceable desk, chair, and file cabinet for each teacher.

7.                  When a school social worker meets with a client, he/she will be provided with space where there is privacy and a safe and secure place to keep records and papers, and access to a phone where confidential calls can be made.

B.         Make reasonably accessible to each teacher the audio-visual instructional equipment, clerical equipment, professional resources, and periodicals necessary for the performance of his/her duties.

ARTICLE 25

Use of School Facilities

Section 1:         The Association will have the right to use school buildings without costs for two (2) meetings each school year, providing such meetings are held Monday through Friday and appropriate notice as provided in Section 2 herein is given.

Section 2:         The Association will have the right to use school buildings without costs and at reasonable times for meetings, subject to safety requirements and availability, provided, however, that the Association will be required to pay the customary and standard fees (including custodial costs) for the use of said buildings consistent with current Committee policy. The Principal of the building in question and the Superintendent will be advised, sufficiently in advance, of the time and place of all such meetings.

Section 3:         Members of the bargaining unit will have the right to use the athletic facilities and equipment of a school one (1) evening each week. The Association will pay for the customary and standard fees (including custodial costs) for the use of said buildings consistent with current Committee policy. The schedule and other related matters must be arranged, in advance, with the Superintendent.

Section 4:         There will be one (1) bulletin board in each school building, which will be placed in the faculty lounge, for the purpose of displaying notices, circulars, and other Association material. Prior to the posting of any such Association material, a copy of the material will be given to the Principal of the building. The Association shall be responsible for materials posted, and agrees that such materials shall be legitimate professional materials.

ARTICLE 26

Protection and Indemnification

Section 1:         The rights of an employee covered by this Agreement to indemnification against certain actions and claims and to legal assistance will be governed by General Laws, Chapter 41, Section 100C.

Section 2:         Employees covered by this Agreement will immediately report, in writing, all cases of assault suffered by them in connection with their employment to their immediate supervisor and the Superintendent.

Section 3:         The report will be forwarded to the Committee, which will comply with any reasonable request from the employee for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the employees, the police, and the courts.

Section 4:         The Committee will reimburse employees for the following, provided it occurs in the proper performance of their employment and not as a result of the teacher's negligence: any clothing or personal property damaged or destroyed.

Section 5:         The Committee agrees that the following insurance will be provided:

A.        indemnity insurance;

B.         liability for bodily injury to others;

C.         liability for personal injury to others.

Section 6:         The Committee will reimburse individuals covered by this Agreement for any loss or damage to eyeglasses or hearing aids caused by an assault on the individual during the work day.

Section 7:         Individuals who are absent as a result of injuries suffered by assault during the work day shall not lose pay because of such absence. The parties agree that sick leave bank days may be utilized for such purposes.

Section 8:         The Committee agrees to provide some form of insurance coverage to eligible employees for medical and dental costs not presently covered by Blue Cross and caused by injury to the employee while on the job.

ARTICLE 27

Insurance and Annuity Plan

Section 1:         Eligible employees may, at their request, participate in a “Tax Sheltered Annuity Plan.”

A.        Such monies shall be transmitted to the Insurance Carrier as per Chapter 112 of the Acts of 1981.

B.         Employees may enter a Tax Sheltered Annuity Plan or increase or decrease their contribution with thirty days' notice, subject to the cooperation and approval by the appropriate City official.

Section 2:         The Committee will pay fifty percent (50%) of the cost of the life insurance coverage, eighty percent (80%) of the cost of health insurance coverage and, effective January 1, 2002, fifty percent (50%) of the cost of dental insurance coverage for regular full-time employees covered by this Agreement.

A.        A five thousand dollar ($5,000) term life insurance policy of the type presently in effect;

B.         Individual or family coverage, whichever applies in the particular case, of the health insurance plan presently in effect in the City of Newton.

Section 3:         If the City of Newton increases its percentage contribution of the cost of health insurance for its employees, then the Committee will contribute the same percentage for employees covered by this Agreement.

Section 4:         Employees may, at their option, participate in the pre-tax premium conversion pursuant to applicable rules and regulations set by the IRS.

Employees may, at their option, participate in the City of Newton’s pre-tax flexible spending plan, both med cap and dependant care, pursuant to applicable rules and regulations set by the IRS.

ARTICLE 28

Professional Consultations

Section 1:         In recognition of the professional standing of teachers and the fact that teachers' ideas and opinions systematically and periodically collated and expressed are of significant value in improving the quality of education in, as well as the efficient and economical operation of, the Newton School System; and in recognition of the long-standing history of consultation and mutual solicitation of views and opinions between the Committee and its professional staff, the Committee agrees that not more frequently than once every three (3) months for a duration of no longer than two (2) hours, it or its designated representative will, upon request of the Association, meet at a reasonable time with the Association to consult about matters of concern or interest to the Association. The frequency and/or length of such meetings may be extended by mutual agreement.

Section 2:         The Association agrees that prior to one (1) week before the date scheduled for said consultation, the Association will submit a written agenda of subjects about which it desires to consult at the meeting to the Superintendent of Schools and that the consultation will be confined to subjects on that agenda.

Section 3:         It is further agreed that the provisions of this Article will in no way be construed as broadening the scope of other provisions of this Agreement or broadening the application of this Agreement as a whole; nor will these provisions make any matter subject of a grievance or arbitration that would not be a grievance or arbitration matter in the absence of these provisions; nor make any matter a mandatory subject of discussion at any time other than the consultations described in this Article that would not be a mandatory subject of discussion in the absence of the provisions of this Section.

ARTICLE 29

Association Rights

Section 1:         The Association recognizes the authority and responsibility of the Principal for disciplining or reprimanding a teacher for delinquency of professional performance or infraction of outstanding rules and regulations. If a teacher is to be disciplined or reprimanded by a member of the Administration above the level of the Principal and if entry of such discipline or reprimand is made in the teacher's personnel file, he/she will be entitled to have a representative of the Association present. The Association will designate a representative and alternates to serve in its capacity and assure the Committee that either the designated representative or alternates will be available, within reasonable limitations under the circumstances involved, to promptly participate in this proceeding. The Association shall notify the Committee of the names and addresses of the representative and alternates. The parties recognize that in many instances the nature of the offense or infraction may create an emergency so as to require immediate action on the part of such member of the Administration. In such case, if a representative of the Association is not immediately available, then such member of the Administration may issue such discipline or reprimand.

Section 2:         A list specifying date of hire, areas of certification, present teaching assignment, total years of service in Newton Public Schools, and placement on salary schedule by degree level/step will be prepared by the Committee or its designee and forwarded to the President of the Association annually.

A staff wage distribution for all Unit A personnel will be forwarded to the Association annually. All reasonable efforts shall be made to supply this information by November 1.

ARTICLE 30

Lunch Program

Section 1:         As professionals, teachers are concerned with all factors that affect the educational process. The elementary school lunch program influences the educational process through its potential effects upon the learning conditions and responses of students and upon the working conditions and energies of teachers. Consistent with the spirit of the vote of the Committee in the spring of 1968 to establish an elementary school lunch program:

A.        No teacher shall be required (or damaged by his/her refusal) to supervise any aspect of the elementary school lunch program.

B.         The supervision of the secondary lunch program will be on a volunteer basis. In the event that not all lunchroom assignments are covered by volunteers, then such assignments will be equitably assigned by the Administration, or its designee, from the remainder of the staff.

ARTICLE 31

Dues Deduction

Section 1:         The Committee, whenever appropriately authorized by an employee in writing, agrees to instruct the City Treasurer to deduct as permitted by the General Laws of Massachusetts, from the salaries of its employees, dues to the Association and sums of money to the Newton Teachers' and/or Massachusetts Teachers' Credit Unions. Authorization will be in writing in the form set forth.

Section 2:         Any employees desiring to discontinue previously authorized dues deductions must give the Committee sixty (60) days' advance written notice to discontinue deductions to the credit union.

Section 3:         The Association and credit unions shall indemnify and save the Committee and/or the City harmless against all claims, demands, suits, or other forms of liability which may arise by reasons of any action taken in making deductions and remitting same to the Association or credit unions pursuant to this Article.

Section 4:         The unit member’s dues authorization card will be used during the term of this Agreement.

ARTICLE 32

Discipline – Discharge

Section 1:         No teacher will be disciplined without just cause.

ARTICLE 33

Teacher Rights to Personnel Folders, Files, Cards, and Records

Section 1:         The teacher will have the right, upon written request to the Superintendent, to inspect the contents of his/her personnel folder, files, cards, and records in the presence of the Superintendent or his/her designee. The teacher has the right to make copies of all of the above materials at a cost of five (5) cents per page.

Section 2:         If an administrator intends to place materials in a teacher's personnel folder, files, cards, and records' file (including any serious written complaint made by a parent, student, or other person) which in the judgment of the administrator is derogatory to the teacher's conduct, character, or personality, the teacher will have an opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material, and the Superintendent shall acknowledge and review receipt of his/her answer and attach the answer to the file copy.

ARTICLE 34

Longevity and Enhanced Longevity

Section 1:         Members of the bargaining unit will receive an annual increment based upon the following criteria:

Longevity payments will be made on a pro-rata basis.

Longevity payments will be made on or before December 1 of each year.

Section 2:         The following rules shall apply in the interpretation of Article 34:

A.        A break in service shall not disqualify time served prior to such break. The period of the break in service, however, shall not count in determining years of service.

B.         Only time actually served shall be credited. Any time for which compensation is received (sick leave, funeral leave, jury leave, etc.) shall be counted as time actually served. Time for which compensation is not received, however, shall not be considered as time actually served (unpaid leave of absence, etc.)

C.         Less than full-time service, i.e., 80% teacher, 60% teacher, etc., shall be credited as full time service. Payment of longevity increment, however, shall be made on a pro rata basis based on the percentage of full-time service in the year involved.

D.        “Years of service” for the purpose of determining eligibility shall be measured as of September 30.

E.         1.         “Between 14 and 19 years of service” shall mean “thirteen complete years or more of service”, but less than 19 years of complete service.

2.         “Between 20 and 24 years of service” shall mean 19 complete years of service but less than 24 complete years of service.

3.                  “Between 25 and 29 years of service” shall mean 24 complete years or more of service, but less than 29 complete years of service.

4.                  “After 30 years of service” shall mean upon completion of 29 complete years of service.

Section 3:         Enhanced Longevity Teachers with fifteen (15) years of service in the Newton Public Schools may elect an increase in their longevity payment of up to $3,000 per year for up to three (3) consecutive years in addition to the longevity payments specified in Section 1 above. The increase will be prorated for part-time employees. A teacher’s right to receive regular longevity payments referenced in Section 1 above and any sick leave buy-back under Section 10 of Article 5 will cease upon exercising the three-year option set forth herein. Teachers who wish to exercise this option must notify the Superintendent in writing by February 15 of the school year preceding the school year in which the longevity under this option is to be paid.

The Enhanced Longevity program currently available under the September 1, 2004 to August 31, 2006 contracts for Units A and B will end with final payments in the 2008-09 school year. No new enrollees will be accepted into the current plan after August 31, 2006.

Transition Provision: Beginning in the 2009-2010 contract year, Unit A and B members who retire, have not previously elected and received enhanced longevity, and have completed a minimum of 14 years but less than 29 years will receive a one-time payment of $3,000 upon retirement.

Further, members who elected to begin receiving enhanced longevity in November, 2006, may rescind that election before December 15, 2006 without penalty.

ARTICLE 35

Professional Development and Mentoring

Section 1:         It is the Committee's policy to allot substitute days for purposes related to instruction, such as visits to other schools and attendance at conferences. A teacher or group of teachers may apply to the school Principal or the Office for Curriculum and Instruction the use of these substitute days.

Where substitutes are required for field trips which are part of the school's regular program and approved by the school's Principal, the substitute days will not be charged against the school's allotment.

Section 2:         The Committee and the Association agree that there will be a Mentor Program. The Association will have input in the development of the Mentor Program and training.

It is expected that teachers who become Mentors will make a three-year commitment to the program. All teachers selected as Mentors will receive training in their first year of participation in the program. Additional training will be provided for mentors as needed.

Compensation for mentors will be as follows:

A.        $500 or three (3) in-service credits and 15 PDP’s per teacher.

Substitute coverage for mentors and mentees will be provided by the Committee, as needed.

Section 3:         During the first 3 years of employment, all new teachers may be required to attend a set of professional development workshops. The workshops will be for up to 15 PDPs or 1 in-service credit over the 3 years at no cost to the teacher.

Further, the SC and the Administration will endeavor to provide courses for teachers in their first three years of employment, which give them the opportunity to obtain graduate credits, so that teachers without professional status may more easily meet their individual professional development plans.

ARTICLE 36

Joint Instructional Council

Section 1:         The Committee and the Association agree to the establishment of a Joint Instructional Council. The Joint Instructional Council (the Council) shall consist of six (6) teachers selected by the Association and six (6) administrator representatives selected by the Committee. The Council will be co-chaired by a representative of the Association and a representative of the Committee.

Section 2:         The purpose of the Joint Instructional Council is to advise in facilitating professional development and curriculum development and to hear and review the instructional concerns of the teaching staff. The Council is not designed to serve as a replacement for either the Office of Curriculum and Instruction or the efforts of teachers' instructional interest groups. The Council shall promote the broadest possible teacher representation and involvement in the decision-making process regarding professional development and instructional planning and design.

Section 3:         The Joint Instructional Council will hear from individuals with concerns as well as consult with other persons necessary to develop a sound understanding of the issues being presented. The Council may appoint subcommittees to carry out its responsibilities. The subcommittees shall be appointed by the Committee and the Association in a manner such that the number of members appointed by the Association shall be equal to, or greater than, the number of members appointed by the Committee.

Section 4:         The Joint Instructional Council shall report its findings and recommendations to the Superintendent, with notice of same to the President of the Association.

Section 5:         As a part of its responsibilities, the Joint Instructional Council established in this Agreement shall review and make recommendations regarding instructional concerns and issues such as instructional management systems, testing programs, pilot and experimental programs, and changes in new and existing instructional programs.

The Council shall keep teachers informed of and assure equitable access to professional development opportunities. To that end, a professional development folder shall be established in the Newton Public Schools’ E-mail, which shall provide as complete a list of educational conferences as can be compiled cooperatively by the administration and the Association.

Section 6:         The Committee and/or the Association shall provide secretarial assistance and an adequate meeting place for the Council. Upon request and subject to the approval of the Committee and/or the Superintendent, funds may be provided for release time, compensation for out-of-school work for the Council or its subcommittees, study workshops, resource personnel, or for other work or needs the Council may have.

Section 7:         Given the nature of the Council, the parties agree that this Article shall not be subject to the Grievance Procedure. Any concerns under this Article shall be addressed by the President of the Association, or his/her designee, and the Assistant Superintendent of Human Resources, or his/her designee.

Section 8:         The Committee will establish and provide resources and support for an Elementary Professional Faculty Board and a Secondary Professional Faculty Board.

ARTICLE 37

Release Time for Association President

Section 1:         Upon request, the NTA President shall be placed on full or half-time leave of absence (i.e., the NTA President shall be required to perform none or one-half of his or her usually assigned duties). In the event the NTA President requests and is placed on full or half-time leave of absence by the Committee, the Association shall reimburse the Committee for the exact amount earned by the person or persons who fill the full-time or half-time vacancy except that in no case shall the salary amount reimbursed exceed the salary for the Master's Degree lane, Step 4. In addition, the NTA shall also reimburse the Committee the actual cost of fringe benefits for those appointed to fill such vacancy.

Section 2:         All benefits (including, but not limited to, sick leave and seniority) shall continue to be earned and to accrue during the period of the President's leave.

ARTICLE 38

Salaries

Section 1:         The salary schedules hereinafter set forth shall become effective September 1, 2006 and will remain in effect as indicated in this Article.

Full-time teachers will advance by full steps on the salary schedule.

Part-time teachers who become full-time teachers shall be placed on a salary step in accordance with existing practice.

Part-time teachers who teach .50 or more shall advance on salary steps by full steps.

Part-time teachers who teach less than .50 shall advance on salary steps by one-half steps.

Section 2:         Each member of the professional staff shall be paid on the fifteenth and the last day of each month throughout the calendar year. It is the right of each member to elect to receive his/her summer salary in advance, payable at the conclusion of school in June.

Section 3:         Each member of the professional staff shall be placed upon that step and column of the teachers’ salary schedule to which his/her experience and degree status entitle him/her.

Section 4:         Elementary teachers accompanying students on approved camping experiences shall receive additional compensation in the amount of one hundred twenty-five ($125) dollars for each overnight spent.

Section 5:         Salary schedule increments may be withheld for just cause.

Section 6:         Subject to approval of the City Treasurer, any teacher may have his/her pay deposited directly into a designated bank. The parties will mutually agree to the particular bank so designated. The Committee will use its best efforts to convince the City Treasurer to arrange for more than one bank.

Section 7:         Master’s Degree Plus Columns

Master's Degree Plus 30 Column

Plans for qualifications:

Plan A.       A degree-oriented program, such as a second Master's Degree or a Certification of Advanced Graduate Specialization or Study, equaling thirty (30) graduate hours beyond the Master's degree.

Plan B.       Thirty (30) hours beyond the Master's degree with a minimum of twenty-four (24) graduate hours in credit courses taken at an accredited university. A maximum of six (6) hours acquired either through in-service courses or one-half (1/2) credit for auditing graduate courses will be accepted.

Credit for Plan B courses must have the approval of the Assistant Superintendent of Human Resources. The main criterion for approving courses in Plan B is the value of the course for the individual teacher, rather than a requirement that the teacher follow a sequential course in his/her subject area.

Master's Degree Plus 45 Columns

The following terms and conditions shall be applicable for advancement to M+45.

A.        Fifteen (15) hours beyond M+30 with a minimum of six (6) graduate hours in credit courses taken at an accredited university after 9/1/94.

B.         A maximum of six (6) hours acquired through in-service courses taken after 9/1/94. (Section 8 of this Article applies).

C.         Up to six (6) hours credit will be granted for courses taken between 9/1/89-9/1/94 (after advancement to M+30), subject to the approval of said courses by the Assistant Superintendent of Human Resources.

D.        All credits must be earned after achievement of M+30 status.

Credit for courses must have the approval of the Assistant Superintendent of Human Resources.

The main criteria for approving courses is the value of the course for the individual teacher, rather than a requirement that the teacher follow a sequential course in his/her subject area.

Section 8:         Criteria Governing In-Service Credit

A.        The authorizing Assistant Superintendent will assign one credit for each fifteen (15) hours of class time. He/she will allow only one unexcused absence for each credit.

B.         Since the assumption is that the courses or workshops are the equivalent of collegiate-level programs, the teachers should expect to do the same type and quality of out-of-class work that would be required by a collegiate instructor.

C.         If a teacher chooses to take an undergraduate collegiate course as partial fulfillment of the six (6) in-service credits allowable in the M+30 schedule, the Assistant Superintendent of Human Resources may grant in-service credits which are the equivalent of those given by the college.

Section 9:         Salary Schedule Equivalencies For Career And Technical Education Teachers

A.        The following equivalencies shall apply to vocational education teachers who meet the minimum State requirements for education and trade experience:

1.                  Teachers who come to Newton with less than a Bachelor's degree but meet the minimum state requirements for education and trade experience shall be placed on the Bachelor's Salary Schedule.

2.                  Master's Degree Salary:

(i)         To qualify for the Master's Degree Salary Schedule, they must complete forty-five (45) semester hours of credit while teaching in Newton. Although these shall consist of in-service credits or credits from colleges or schools approved by the school department, not more than one third (1/3) of the forty-five (45) shall be in-service credits, and at least one-third (1/3) must be in education or other academic courses.

(ii)        A teacher who has a total of sixty (60) semester hours of credit in a vocational degree program shall be placed on the Master's Degree Salary Schedule.

3.         To qualify for the Master's + 30 Schedule, they must earn a Bachelor's degree plus an additional fifteen (15) credits approved by the high school department head.

(i)         In-service credits shall be allowed for each successful completion of the annual conference for upgrading teaching and technical skills sponsored by the State Department of Occupational Education.

Section 10:       Schedule Equivalency For Career And Technical Education Teachers It is necessary to recognize recent trade experience which is directly related to the teaching performed by teachers in Technical Education. To move from the Bachelor's Salary Schedule to the Master's Salary Schedule, the following equivalency will be used: within the ten (10) years previous to employment in the Newton Public Schools, a minimum of five (5) years of trade experience directly related to teaching; approval of experience credit to be the responsibility of the high school department head.

Section 11:       Salary Schedule, Secondary Physical Education Coaches' Stipends A physical education teacher shall not be required to coach any season. A teacher shall receive full pay for each season coached.

ARTICLE 39

Mileage

Section 1:         A teacher who must travel to two (2) or more sites (school or students’ homes) in a day shall be compensated for such travel at the rate of three dollars and fifty-cents ($3.50) per day. However, if a teacher is presently receiving more than the $3.50 stipend he/she will continue to receive the higher amount.

Section 2:         The conveyance allowance for those who currently receive them will be set at $60.00 per month.

ARTICLE 40

Agency Fee

Section 1:         Commencing on September 1, 1983, every employee covered by this Agreement if and when not a member in good standing of the Association, shall pay or, by payroll deduction, shall have paid to the Association an agency service fee of 100% of the affiliated dues, provided, however, that in no case shall such condition arise before the thirtieth (30th) day next following the date of the beginning of the employee's employment or the effective date of this Agreement, whichever date shall be later. An employee paying the agency service fee to the Association as provided herein may obtain from the Association a rebate of a pro rata share of certain expenditures of the Association, said expenditures as defined in M.G.L. Chapter 150E, Section 12.

Section 2:         Commencing on September 1, 1983, said agency fee requirements will apply to employees hired prior to that date except that any such employees who have been continuously employed thereafter shall not be subjected to dismissal by reason of their failure to pay said fee or cause it to be paid as stated above, but alternatively will be exposed to civil liability or payment. Collection of such delinquent agency service fees shall be solely the responsibility of the Association, and the Committee shall not be required to take any action in regard to the continued employment of said delinquent employees.

Section 3:         For employees hired on or after September 1, 1983, payment of agency service fees shall constitute a condition of continued employment.

ARTICLE 41

Tuition-Free Attendance

Acceptance of Non-Resident Teachers' Children in Newton Public Schools

Section 1:         Subject to the conditions and restrictions that apply to Newton students who seek out-of-district placement, a teacher in the Newton School System who is not a resident of the City will have the option, at no cost, of having his/her child(ren) or a child residing with the teacher attend the regular education program of one of the two high schools in Newton and, on a space available basis, the regular education program at the Elementary or Middle Schools in the Newton Public Schools. However, once a child is accepted, so long as the teacher is employed in the Newton Public Schools, the child shall be allowed to attend that school through grade 12 subject to the rules and regulations that apply to Newton residents. In addition, every reasonable effort will be made to place siblings in the same school if the parent so requests. It is further understood that if a child(ren) of a teacher is approved to attend the Newton Public Schools, such attendance shall not be grounds for a teacher grievance concerning workload and/or class size, nor shall such attendance be calculated as part of teacher load and/or class size in cases of such grievances.

ARTICLE 42

Inclusion of Specifically Designated Students

Section 1:         Review The Committee, in the attempt to achieve the goals hereinafter provided in reference to certain specifically designated students, as determined by the Superintendent, acknowledges the need for the Superintendent, or his designee/s, to examine issues around the following concerning said specifically designated students:

A.        The involvement, if and when feasible, of the receiving teacher in the preplacement decision making process.

B.         Adequate and appropriate training of the receiving teacher.

C.         The balance, where appropriate, in student assignments and grade/class placement.

D.        Physical transportation of handicapped students in emergency situations.

Section 2:         Goals

A.        To foster for certain specifically designated students, as determined by the Superintendent, an appropriate learning environment when they are placed in the regular education classroom environment.

B.         To foster, when said designated students are so placed, an appropriate learning environment for all other students in the regular education classroom environment.

C.         To foster for the regular education teacher (“receiving teacher”) while said designated students are so placed in his/her classroom, an appropriate teaching environment.

Section 3:         In the effort to enhance the fulfillment of the District’s efforts to fulfill its goals and to enhance the examination of the Superintendent or his/her designee of the aforementioned issues, the Committee will establish the following procedure to consider concerns of the receiving teacher:

A.        The receiving teacher discusses his/her concerns with the Principal. If not resolved,

B.         The receiving teacher discusses his/her concerns with the Assistant Superintendent for Pupil Services or her/his designee and/or the appropriate Assistant Superintendent for Elementary or Secondary Education. If not resolved,

C.         The receiving teacher discusses his/her concerns with the Superintendent. In addition, the following procedure shall be established.

A.        The Superintendent and appropriate administrative staff agree to meet with the Association to discuss any specific concerns.

B.         The concerns will be reviewed in depth by the Superintendent and other appropriate administrative staff.

C.         The Superintendent and/or other appropriate administrative staff will then hold a follow-up meeting with the Association.

Section 4:         Finally, in order to receive direct input from the faculty, the Superintendent agrees to either the Association assigning more members to the Superintendent’s Inclusion Committee or to create a Mutual Concerns Inclusion Committee, which will meet quarterly to review the Association’s concerns.

Section 5:         This Article is subject to the terms and conditions of M.G.L. Chapter 71B, the Chapter 766 Regulations of the Department of Education, including without limitation, rules of confidentiality and privacy, and other applicable state and federal laws.

Section 6:         The parties agree that either side has the right to terminate this Article on or after August 30, 1997 upon giving at least sixty (60) days written notice prior to the termination date, and if requested, meeting during said notice period to examine and evaluate the effectiveness of this Article.

ARTICLE 43

Elementary Preparation Time

Section 1:         Each elementary teacher will be scheduled for a minimum of 165 minutes of preparation time per week which is to be scheduled in meaningful units. Given the minimum scheduled preparation time of 165 minutes per week, elementary teachers will receive a minimum of 30 minutes of duty-free preparation time (excluding their duty-free lunch time) for two (2) days per week, and the Committee will make reasonable efforts to continue providing, subject to economic factors, a minimum of 30 minutes of duty-free preparation time (excluding their duty-free lunch time) on two (2) additional days per week for a total of four (4) days per week.

ARTICLE 44

Health and Safety

Section 1:         The Committee will continue its best efforts to provide and maintain a healthful and safe workplace, with adequate heating, ventilation and lighting.

ARTICLE 45

Duration

Section 1:         This Agreement shall become effective as of September 1, 2006 and shall continue and remain in full force and effect until August 31, 2009.

Section 2:         Effective September 1, 2006 salaries will be adjusted as provided in Article 38, or as set forth in the appendices.

Section 3:         Negotiations for a new Agreement to take effect September 1, 2009 will commence on or before October 15, 2008.

IN WITNESS WHEREOF, the parties have set their hand and seal by their duly authorized representatives, this 13^th day of February, 2007.

APPENDIX A-1

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

TEACHERS SALARY SCHEDULE – UNIT A

Effective September 1, 2006

APPENDIX A-2

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

TEACHERS SALARY SCHEDULE – UNIT A

13^th Paycheck Dated March 15, 2007

(Increase Effective March 1, 2007)

APPENDIX A-3

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

TEACHERS SALARY SCHEDULE – UNIT A

Effective September 1, 2007

APPENDIX A-4

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

TEACHERS SALARY SCHEDULE – UNIT A

16^th Paycheck Dated April 30, 2008

(Increase Effective April 16, 2008)

APPENDIX A-5

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

TEACHERS SALARY SCHEDULE – UNIT A

Effective September 1, 2008

APPENDIX A-6

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

TEACHERS SALARY SCHEDULE – UNIT A

16^th Paycheck Dated April 30, 2009

(Increase Effective April 16, 2009)

APPENDIX B-1

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

PSYCHOLOGISTS SALARY SCHEDULE – UNIT A

Effective September 1, 2006

APPENDIX B-2

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

PSYCHOLOGISTS SALARY SCHEDULE – UNIT A

13^th Paycheck Dated March 15, 2007

(Increase Effective March 1, 2007)

APPENDIX B-3

NEWTON PUBLIC SCHOOLS 100 Walnut Street, Newtonville, MA 02460

PSYCHOLOGISTS SALARY SCHEDULE – UNIT A

Effective September 1, 2007

APPENDIX B-4

NEWTON PUBLIC SCHOOLS 100 Walnut Street, Newtonville, MA 02460

PSYCHOLOGISTS SALARY SCHEDULE – UNIT A

16^th Paycheck Dated April 30, 2008

(Increase Effective April 16, 2008)

APPENDIX B-5

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

PSYCHOLOGISTS SALARY SCHEDULE – UNIT A

Effective September 1, 2008

APPENDIX B-6

NEWTON PUBLIC SCHOOLS 100 Walnut Street, Newtonville, MA 02460

PSYCHOLOGISTS SALARY SCHEDULE – UNIT A

16^th Paycheck Dated April 30, 2009

(Increase Effective April 16, 2009)

APPENDIX C

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

OCCUPATIONAL AND PHYSICAL THERAPISTS

SALARY SCHEDULE – UNIT A

APPENDIX D-1

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

COACHES SALARY SCHEDULE

September 1, 2006 – August 31, 2007

 

 

APPENDIX D-2

NEWTON PUBLIC SCHOOLS

100 Walnut Street, Newtonville, MA 02460

COACHES SALARY SCHEDULE

September 1, 2007 – August 31, 2008