Belchertown

Show detailed information about district and contract

DistrictBelchertown
Shared Contract District
Org Code240000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentMOA
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersPathfinder RVTSD
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityrural economic centers
Number of Schools5
Enrollment2610
Percent Low Income Students15
Grade StartPK or K
Grade End12
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AGREEMENT

BETWEEN THE

BELCHERTOWN SCHOOL COMMITTEE

AND THE BELCHERTOWN TEACHERS' ASSOCIATION

UNIT A

JULY 1, 2010 - JUNE 30, 2013

 

BELCHERTOWN TEACHERS AGREEMENT

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made 16th day of November, 2010, by the SCHOOL COMMITTEE OF THE TOWN OF BELCHERTOWN (hereinafter sometimes referred to as the Committee) and the BELCHERTOWN TEACHERS' ASSOCIATION (hereinafter sometimes referred to as the Association).

PREAMBLE

This Agreement entered into by the School Committee of the Town of Belchertown (herein sometimes referred to as the Committee) and the Belchertown Teachers' Association (herein sometimes referred to as the Association), has as its purpose the promotion of harmonious relations between the Committee and the Association; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work, and other conditions of employment.

ARTICLE 1

RECOGNITION

1.01.      For the purposes of collective bargaining with respect to wages, hours, and other conditions of employment, the negotiation of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent and representative of all professional employees (except the Associate Superintendent, supervising Principals, the full-time Assistant Principals, Director of Guidance, Assistant Director of Guidance, and Director of Special Education and Pupil Personnel Services

as such employees are defined in Section 1 of Chapter 105E of the General Laws of Massachusetts) of the Committee, excepting, however, every such employee who on the effective date of this contract is, or thereafter shall be, designated by the Committee as a representative of it for the purposes of such bargaining. Nurses without a bachelor's degree will continue to have a separate salary schedule.

ARTICLE 2

GRIEVANCE PROCEDURE

2.01     Definition - Any claim by the Association or a teacher that there is or has been a violation, misinterpretation, or misapplication of the terms of this contract or violation of the Rules and Regulations of the School Committee which involves the conditions of employment of an employee.

2.02        Time Limits - All time limits herein shall consist of working days when schools are in session except that when a grievance is submitted on or after June first, time limits shall consist of all week days so that a matter may be resolved before the close of the school year or as soon as possible thereafter. The teacher or teachers aggrieved shall present the grievance within fifteen (15) days of the occurrence or within fifteen (15) days of the date of knowledge of the occurrence which gives rise to the grievance.

2.03        Association Representation - Upon selection and certification by the Association, the School Committee shall recognize the Association's Professional Rights and Responsibilities (PR&R) Committee. The PR&R Committee shall consist of seven (7) members. A list of the members of that committee will be presented to the Central Office within the first three weeks of the start of the academic year. At least one representative of the Association's Professional

Rights and Responsibilities Committee and/or the President shall be present for any meetings, hearings, appeals, or other proceedings relating to a grievance which has been formally presented. Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with his/her supervisor, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this contract, and further, that no teacher shall be required to discuss any grievance except in the meetings provided below and where his/her representative is present.

 2.04    Procedures - The parties acknowledge that it is usually most desirable for an employee and his/her supervisor to resolve problems through informal communications.   When requested by either party, the grievance representative may assist in this resolution. However, should such informal discussions fail to satisfy the supervisor and the teacher, then a grievance may be processed at Step 1.

Step 1              Within five (5) working days of the informal discussion with his/her Principal, the employee may present the grievance in writing to the Principal who will arrange a meeting within five (5) working days. A representative of the Association Professional Rights and Responsibilities Committee, the Principal, and the aggrieved teacher shall be present for the meeting. The Principal must provide the aggrieved teacher and the Association with a written answer to the grievance within five (5) working days.

Step 2              If the grievance is not resolved at Step 1, the aggrieved employee may, within five (5) working days, appeal in writing to the Superintendent, who shall have five (5) working days to hold a meeting and five (5) working days to reply in writing.

Step 3              If the grievance is not resolved at Step 2, the aggrieved may within five (5) working days, appeal in writing to the School Committee or its designated representative and such writing shall set forth specifically the act or condition on which the grievance was based in Step 1 and the grounds upon which the appeal is based. The School Committee and/or its representative shall meet with the teacher, a representative of the Association Professional Rights and Responsibilities Committee within ten (10) working days of the receipt by the School Committee of such appeal and shall give its decision in writing to the teacher and the Association within ten (10) working days of such meeting.

2.05     Arbitration - If the grievance is not satisfactorily resolved at Step 3, the Association may invoke arbitration by filing with the Superintendent a written demand for arbitration setting forth the nature of the dispute, the controlling contract provisions, and the remedy sought. The AAA Demand for Arbitration form may be used for this purpose. Within ten (10) days the parties shall mutually select an arbitrator; if the parties are unable to agree, the Association shall submit its demand to the American Arbitration Association for selection of an arbitrator in accordance with its rules. The written demand to the Superintendent must be received not later than thirty (30) days following receipt of the written decision at Step 3. In the event that the grievance is not submitted for arbitration within the said period of thirty (30) days, the grievance shall be deemed withdrawn. The arbitrator shall hold hearings promptly and, unless the time shall be extended by mutual agreement, shall issue his award not later than thirty (30) days from the date of closing of the hearings or, if oral hearings have been waived, from the date of submission to him of the final statement and briefs. The arbitrator's award shall be in writing and shall set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator shall have no power or authority to make any award which requires the commission of act prohibited by law or which is inconsistent with the provisions of the contract. The decision of the arbitrator shall be binding upon the School Committee, the Association, and the aggrieved teacher during the life of this contract The arbitrator shall have only the power to interpret what the parties to the agreement intended by the specific clause in the agreement which is at issue. Each party shall bear the full costs for its representation in the arbitration. Fees and expenses of the arbitrator shall be shared equally by the School Committee and the Association.

 2.06     General Provisions

A.            All written communications, documents, and records relating to any grievance will be filed separately from the personnel files of the applicants.

B.            Conferences with teachers necessary for processing grievances shall be scheduled so that they do not interfere with the duties and responsibilities of the teachers.

ARTICLE 3

MANAGEMENT RIGHTS

3.01     The parties agree that the operation of the School Department of the Town of Belchertown, the supervision of its employees and of their work are the rights of the Committee alone acting through its Superintendent. Accordingly, subject to the express, specific provisions of this Agreement, the following rights are reserved to management: the making of reasonable rules to assure orderly and effective work schedules; the determination of what and where duties will be performed; the determination of employee competency; the hiring, transfer, promotion, and layoff of employees; the discharge, demotion, or other discipline of employees for just cause without discrimination and in accordance with the laws of the Commonwealth of Massachusetts; and the right to inform employees concerning employment matters.

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

ARTICLE 4

ASSOCIATION PRIVILEGES

4.01        Before the opening of and after the close of school and during lunch time on school days, the Association shall have the right to use designated areas in school buildings for meetings of teachers in school buildings for meetings of teachers provided there is no interference with any scheduled school activities. The use of such designated areas shall be arranged with the principal in advance. All requests for building use shall conform to School Committee Rules and Regulations provided, however, that there shall be no cost to the Association for such meetings so long as no overtime, custodial cost to the School Committee is involved.

4.02        The Association may distribute materials dealing with proper and legitimate business of the Association through teachers' mailboxes.

4.03        The Association shall be provided a bulletin board at least nine (9) square feet for the purpose of posting materials dealing with the proper and legitimate business of the Association. Such space shall be provided in each school for the unrestricted use of the Association. Such boards shall be placed in a well-lighted area and identified with the name of the Association.

4.04        The Superintendent or his/her designee shall comply with any reasonable request by the Association for available information, excluding confidential personnel records, which is in the possession of the Superintendent or his/her designee and which is relevant to the processing of any grievance by the Association of any condition of employment.

4.05        Any teacher covered by this contract and elected president of the National Educational Association, president of its Department of Classroom Teachers or president of the Massachusetts Teachers' Association shall, upon written request of the Superintendent by the teacher and the Association, be granted an unpaid leave of absence not to exceed two (2) years in duration for the purpose of discharging the duties of such office. An unpaid leave of absence shall be granted for every school year to one (1) teacher for the purpose of providing full-time assistance to the Association in discharging its duties as the exclusive collective bargaining representative of the teachers covered by this contract. All time spent on every such leave shall be counted as time in the employ of the Belchertown Public Schools for all purposes provided, however, that no additional sick leave shall be accumulated during said leave. Upon his/her return, the teacher shall be assigned to the same position which he/she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

4.06        No teacher shall engage in any Association activities during the time he/she is assigned to teaching duties.

4.07        Names and addresses of newly hired teachers shall be provided to the Association following their appointment by the Superintendent.

4.08        The President of the Association will be relieved of all non-teaching duties. Seven days per year may be used by the President or her/his designee to conduct Association business. These days may be used in minimum of half days. This language establishes no precedent as to the parties interpretation of non-teaching duties or any other provision of the contract.

4.09    Agency Fee:   The Committee agrees to require, during the term of this Agreement, as a condition of continued employment, that every employee covered by this Agreement, except those employees who are certified to the Committee by the Association, as of the thirtieth (30th) day of such employment or the thirtieth (30th) day after the effective date of this Agreement provision, whichever is later, pay to the Belchertown Teachers Association an agency service fee or authorize in accordance with G.L., C 150E, Section 12, the payroll deduction in equal installments of an agency service fee which shall be commensurate with the cost of collective bargaining and contract administration as determined by the Association but in no instance greater than the annual dues of the Association and which amount shall be certified annually to the Committee by the Association. The Committee further agrees to certify to the municipal treasurer the amount of such agency service fee and the employee authorization of the deduction of same in accordance with G.L., C 180, Section 17G. It is specifically understood and agreed that the Town of Belchertown, the Belchertown School Committee, and its Officers and Agents shall be saved harmless for such deductions under those circumstances as provided by General Laws, Chapter 180, Section 17G. For the purpose of this clause, the term "harmless" is defined as: "any monies once transmitted by the Town of Belchertown, the Belchertown School Committee, and its Officer and Agents, to the Belchertown Teachers Association; the Town of Belchertown, the Belchertown School Committee and its Officers and Agents are no longer responsible for same."

ARTICLE 5

NO STRIKE

5.01     It is agreed by the parties that during the term of this Agreement or any renewal thereof, there shall be no strike, lockouts, stoppages of work, or slowdowns.

ARTICLE 6

NON-DISCRIMINATION

6.01        In accordance with applicable Federal and State laws, the Committee and the Association agree not to discriminate against any employee covered by this Agreement on the basis of age, gender, race, religion, color, creed, sexual preference, physical handicap, or national origin.

6.02        The Committee further agrees that it will not discriminate against any employee for Association membership or Association activity or for adhering to any lawful provision of this Agreement.

6.03        The Association agrees that it will fairly represent all persons covered by this Agreement in matters related to the contract.

ARTICLE 7

GENERAL PROVISIONS

7.01        Except as this contract shall hereinafter otherwise provide, all conditions of employment applicable on the effective date of this contract to employees covered by this contract, shall continue to be so applicable during the life of this contract.

7.02        This contract constitutes School Committee Policy for the term of said contract, and the School Committee shall carry out the commitments contained herein and give them full force and effect as School Committee Policy. The School Committee shall amend its regulations and take such other actions as may be necessary in order to give full force and effect to the provisions of this contract.

7.03        Nothing in this Agreement shall preclude the parties from negotiating with respect to matters not covered by this Agreement. Any changes mutually agreed upon shall be reduced to writing.

ARTICLE 8 CONDITIONS OF EMPLOYMENT

8.01       Each teacher shall have a desk, a chair, and a space (e.g. closet, file cabinet, desk with lock and key) in which he/she may safely store instructional materials and supplies and which he/she may use exclusively.

8.02       There will be an extension phone in the room of the Director of Athletics.

8.03       All official bulletins shall be given by the principal to teachers upon their request.

8.04       Acceptance of a teacher trainee shall be voluntary. Advance notice of the assignments of a trainee will be provided. The trainee's duties shall be determined cooperatively by the critic teacher, the principal, and the trainee's college. No teacher shall accept more than one teacher trainee per school year.

8.05       A.             Teachers will be required to attend fifteen (15) after school meetings. These meetings may be used for curriculum implementation/review, professional development, and faculty meetings. Such a reduction will not prevent school principals from scheduling voluntary after school faculty meetings, in addition to required faculty meetings, for which faculty shall be responsible for all information presented.   Principals shall disseminate information presented at voluntary faculty meetings in written form. The meetings for high school and middle school teachers shall not extend beyond 4 P.M. and, for primary and elementary school teachers, not beyond 5 P.M.   Teachers who are enrolled in post graduate courses for credits which are compensatory under the teachers' salary schedule shall be excused from attendance at after school teachers' meetings held at the same time, provided that; (1) they give notice to the principal of the course, day and time, and (2) they endeavor to ascertain from the principal all essential information conveyed at the teachers' meetings.  No teacher shall be required to attend a teachers' meeting on a day which falls within a customary vacation period.

B.            Teachers will be required to attend three (3) evening meetings per year as follows:

High School:         Two (2) events to meet the public and one (1) chaperone activity as approved by the principal.

Middle School:     Two (2) events to meet the public and one (1) other evening activity as approved by the principal.

Primary /Elementary: One (1) Open House and two (2) parent conference nights, plus additional evening or after-school meetings for parent conferences if the teacher (a) has elected to receive the substitute's pay in lieu of using a substitute to provide coverage to permit one day of parent conferences during the regular school day and (b) has demonstrated that she/he can fulfill the need for parent conferences without using the substitute for class coverage.

8.06     Teachers shall be assigned the responsibility of bus duty (AM and PM) and corridor duty under the following conditions:

A.            All non-homeroom teachers, including department heads, shall share these assignments on an equitable basis.

B,            The maximum number of teachers to be assigned shall be five (5) each at CSS and Tadgell, ten (10) each at SRE and CHCS, and two (2) each at JBMS and BHS.

8.07   Lunch duty will be strictly voluntary for teachers.

8.08       At those times when substitutes are not available or become unavailable, a regular teacher who serves as a substitute during his/her normal preparation period will be paid twenty-five dollars ($25.00) for each regular class period and thirty-five ($35) if the class extends beyond a regular class period. In determining who covers the class, reasonable efforts will be made to find a volunteer. If no volunteer is available and the class requires immediate coverage, a teacher may be assigned.

8.09    Teachers shall be allowed to leave the buildings during their preparation time as long as permission is obtained from the Principal or his/her designee.

8.10        Specific to High School

1.             High school teachers will teach five (5) periods and have one (1) preparation period daily when scheduling permits. In no case will schedules provide for less than five (5) preparation periods per week. High school teachers may be assigned supervision of classroom-size or smaller student study activities (such as: language labs, computer labs, science labs, and extra help if requested by a student). No such assignment shall be made during preparation periods or duty free lunch periods as guaranteed herein. A teacher may voluntarily assume responsibility for teaching a sixth (6th ) classroom course. High school teachers will have a duty-free lunch period each day of at least twenty (20) minutes.

2.             Teachers shall be assigned office detention under the following conditions:

a.             Office detention shall conclude no more than one (1) hour after dismissal of students.

b.             Such assignments shall be rotated equitably among all teachers on an annual basis. In this regard, scheduling of such assignments shall be at such times as to avoid a conflict with other responsibilities, e.g. coaching.

c.             Teachers may swap assignments to accommodate unforeseen personal or professional needs.

3.                   The chair of the High School Guidance Department shall work an additional five (5) days before the beginning of the school year, five (5) days after the end of the school year, and ten (10) other days to be chosen by mutual agreement between the chair and the principal. The chair shall be paid per diem for the twenty (20) days based on his/her salary.

4.                   All faculty members maintain discipline within the halls during all passing periods and will check appropriate lavatories.

8.11    Specific to Middle School:

A.       Preparation Periods

The School Committee shall grant five (5) preparation periods per week at the Middle School, subject to the following understanding: It is understood and agreed that preparation periods may involve and be used for individual preparation by teachers, meetings with parents and students, attendance at CORE/Team meetings, grade level meetings (middle school), and the like. It is understood that CORE/Team meetings shall not be routinely or regularly scheduled during a teacher's preparation period. It is also understood that team teachers will have one (1) additional preparation period per week where they will meet together as a team. Middle school teachers will have a duty-free lunch period each day of a least twenty (20) minutes.

B.            Hall Duty

All faculty members maintain discipline within the halls during all passing periods and will check appropriate lavatories.

C.            There is an approximate twenty-two (22) minute period after lunch that is designed as a short recess before returning to class. Grade level teams 6-8 will provide two (2) teachers, including a specialist when scheduling permits, on an equitable rotating basis, to work with the paraprofessionals during this period for indoor recess when the principal deems it necessary.

D.            Teachers shall be assigned office detention under the following conditions: 1.        Office detention shall conclude no more than one (1) hour after the dismissal of students.

2.                   Such assignments shall be rotated equitably among all teachers n an annual basis. In this regard, scheduling of such assignments shall be at such times as to avoid a conflict with other responsibilities (e.g., coaching).

3.                   Teachers may swap assignments to accommodate unforeseen personal or professional needs.

8.12        Specific to Primary/Elementary Schools

A.            A reasonable effort will be made to hire substitutes for art, music, and physical education at the primary/elementary level.

B.            Primary/elementary teachers will have a duty-free lunch period of at least twenty (20) minutes, plus an additional twenty-nine (29) minutes a day of guaranteed preparation time.

C.            In addition, primary/elementary teachers will have four (4) preparation periods per week when classes are covered by art, music, or physical education specialists, except in emergency situations.

8.13        The School Committee and the Association agree that a teacher's primary function is to teach! Therefore:

A.            To the extent possible, every effort will be made to limit class interruptions.

B.            The principal shall decide whether and when pupils may be released or taken from class to provide special approved instruction, or to engage in athletic contests, extracurricular activities and the like.

C.            Teachers shall not be required to assume any office duties in the event of absence of office personnel.

ARTICLE 9

WORK DAY/WORK YEAR

9.01        The work year for teachers shall consist of one hundred eighty (180) days that students are required to be in school plus one (1) day before the opening of school in September and two (2) Professional Days which will be scheduled during the school year and which teachers are required to attend.

Student Days:                                                      180

New Teacher Days:                                             184

Current Teacher Days:                                       183

9.02        The one hundred eighty (180) student days will be full days except the last day, which shall be a half day for students. Teachers will use the rest of that day to close out for the year.

9.03        The workday for teachers will be seven (7) hours in length, from 7:30 a.m. to 2:30 p.m. for the high school and middle school, and 8:30 a.m. to 3:30 p.m. for Cold Spring, Chestnut Hill and Swift River Elementary. Teachers may leave after the completion of their duties following student dismissal on Fridays and all days immediately preceding a holiday. Variations to the starting and ending time may occur for individual teachers upon agreement between the Principal and the Association President, as long as the total work day continues to consist of seven (7) hours.

9.04        Guidance counselors shall work an additional ten (10) days, five (5) days before the beginning of the school year and five (5) days after the end of the school year.   Counselors shall be paid per diem for the ten (10) days based on his/her salary.

9.05        A.     Teachers will be required to attend fifteen (15) after school meetings. These meetings may be used for curriculum implementation/review, professional development, and faculty meetings. Such a reduction will not prevent school principals from scheduling voluntary after school faculty meetings, in addition to required faculty meetings, for which faculty shall be responsible for all information presented.   Principals shall disseminate information presented at voluntary faculty meetings in written form. The meetings for high school and middle school teachers shall not extend beyond 4 P.M. and, for primary and elementary school teachers, not beyond 5 P.M.   Teachers who are enrolled in post graduate courses for credits which are compensatory under the teachers' salary schedule shall be excused from attendance at after school teachers' meetings held at the same time, provided that; (1) they give notice to the principal of the course, day and time, and (2) they en­deavor to ascertain from the principal all essential information conveyed at the teachers' meetings.  No teacher shall be required to attend a teachers' meeting on a day which falls within a customary vacation period.

B.     Teachers will be required to attend three (3) evening meetings per year as follows:

High School:     Two (2) events to meet the public and one (1) chaperone activity as approved by the principal.

Middle School: Two (2) events to meet the public and one (1) other evening activity as approved by the principal.

Primary /Elementary:    One (1) Open House and two (2) parent conference nights, plus additional evening or after-school meetings for parent conferences if the teacher (a) has elected to receive the substitute's pay in lieu of using a substitute to provide coverage to permit one day of parent conferences during the regular school day and (b) has demonstrated that she/he can fulfill the need for parent conferences without using the substitute for class coverage.

ARTICLE 10

TEACHER TRANSFERS AND ASSIGNMENTS

10.01     Assignment

A.       Not later than the close of school, each teacher shall be notified in writing of any changes in the subject area of his/her program for the ensuing year, including the school to which he/she will be assigned, the grades and/or the subjects that he/she will teach, and any special or unusual classes or assignments that he/she will have, provided that in the event of a change in circumstances or conditions during the months of May through September (e.g., death, resignation, leave of absence, unanticipated change in enrollment), such assignments may be changed as required to meet the situation. The teacher affected shall be sent immediate notice when the change is made.

10.02     Transfers or Reassignments -  Teachers who desire a change in grade and/or subject assignment or who desire to transfer to another building shall file a written statement of such desire with the office of the Superintendent not later than March 1. Such statement shall include the grade and/or the subject to which the teacher desires to be assigned and/or the school or schools (in order of preference, if the teacher has preferences) to which he/she desires to be transferred.

10.02.1 When necessary, teachers may be reassigned within a school by the principal, subject to review and approval by the Superintendent. Additionally, when necessary, teachers may be transferred between schools by the Superintendent to a comparable position for which that teacher is licensed and qualified.

Such reassignment or transfer will be made only after a meeting between the teacher and the Superintendent or designee, at which time the teacher will be notified of the reasons for the transfer.

In the event that a teacher objects to the reassignment or transfer at this meeting, upon the written request of the teacher, the Association will be notified and the Superintendent will meet with the Association's representatives to discuss the transfer; provided, however, that the transfer will be subject to the grievance procedure but the decision of the Committee will be final, except for bad faith.

10.03  Posting of Vacancies

A.            On or before September 15 of each school year, the administration shall post a list of known vacancies (assignment and location).

B.            On or before May 1 the administration will post all known vacancies. Whenever possible, vacancies will be filled before the close of the school year.

C.            Whenever a vacancy in a professional position occurs during the school year (September to June), it will be publicized by the Superintendent by means of a notice placed on the Association bulletin board in every school at least two (2) weeks before the position is to be filled.

D.            The name of the person appointed will be posted in each faculty room within five (5) school days of the appointment. Appointments will be made without regard to race, creed, color, religion, nationality, gender, age, sexual preference, or marital status.

ARTICLE 11

REDUCTION IN FORCE

11.01     In the event it becomes necessary to reduce the number of employees in the bargaining unit as defined in the Agreement, the Employer will determine retainment by certification and seniority. If those two categories are equal, then the teachers' evaluations will be the determining factor.

11.02     Recall -  Teachers who have been laid off according to the above shall be entitled to recall rights for a period of time equal to their seniority but not to exceed two (2) years from the effective dates of their respective layoffs. Recall rights will be determined based on guidelines already established in this article and a laid off person will be recalled to a position similar to the one he/she formerly held.

11.03     A list specifying the seniority of each member of the bargaining unit shall be prepared by the Committee and forwarded to the President of the Association within thirty (30) calendar day following the execution of this Agreement. An updated "Seniority List" shall be supplied by the Committee no later than November 1 annually thereafter.

ARTICLE 12

EMPLOYEE EVALUATION

A Joint Labor-Management committee will be established to revise the current Teacher Evaluation standards for teachers as set forth by the DESE regulations as found in 603 CMR 35.00. The Committee shall consist of three (3) representatives appointed by the Association President and three (3) members appointed by the School Committee or Superintendent. The commencement and completion dates for the JLMC will be established mutually between the Association and the School Committee/Superintendent. The President of the Association, Superintendent and a School Committee representative will serve as advisors. Upon completion of the JLMC's work, the School Committee and the Association will reconvene to negotiate Article XII 12.01 - 12.10 only.

In order to ensure that the new Belchertown School District Teacher Evaluation Process is effectively communicated and successfully implemented, orientation and training programs will be scheduled for both administrators and teachers as follows:

12.01      Orientation - Administrators will receive an annual orientation regarding the teacher evaluation process prior to the beginning of each new school year. Teachers will receive an annual orientation regarding the teacher evaluation process by the end of each September. New teachers will receive an initial orientation regarding the teacher evaluation process during their new teacher training workshop which is scheduled at the start of the school year.

12.02      Training - Administrators will receive ongoing training regarding the successful implementation of the teacher evaluation process and regarding effective clinical supervision and evaluation processes, as needed or requested. Teachers will be offered training concerning effective clinical supervision and evaluation processes during the school year.

12.03       Additional Information - Regarding the implementation of the Teacher Evaluation Process:

A.            All evaluations and meetings should be conducted in a timely manner.

B.            All evaluation meeting documents that require signatures must be signed by all parties during the evaluation meeting (i.e., to verify that the meeting took place) and copies of the signed documents will be forwarded to the teacher within 24 hours of the meeting time, if possible.

C.        All original evaluation documents will be maintained in secured files by the evaluator until such time as the originals are forwarded to the Central Office for placement in the appropriate personnel files. Only copies will be issued to teachers.

12.04    Philosophy of Teacher Evaluation - Teacher evaluation is a cooperative and continuing program intended to improve quality instruction. Teachers and evaluators work together by reviewing teachers' general and specific responsibilities, by examining teaching conditions, by determining whether or not teachers meet their individual responsibilities satisfactorily, and by deciding on changes needed in these areas.

12.05      Purpose of Teacher Evaluation - Although the main purpose of teacher evaluation is to improve instruction, other purposes are to decide on the reappointment of teachers without professional status, to establish evidence where dismissal or discipline is an issue, to qualify teachers for salary increments, to select teachers for promotion, and to decide on in-service training requirements.

12.06       Definition of Teacher Evaluation - Evaluation is the assessment of overall performance of unit members, including but not limited to, the assessment of performance of the general and specific responsibilities, instructional skills, relationships with students and others, and contributions to the school system. Evaluation may consist of informal observation of teacher performance or conduct, formal observation of class periods and formal, written assessment of overall performance as defined above.

12.07      Overview of the Teacher Evaluation Process and Timelines - The following items include the basic aspects of the teacher evaluation process:

A.            The Superintendent, Associate Superintendent, Principals and Assistant Principals will have the responsibility and authority to evaluate teachers.

1.                   Teachers under the supervision of one Principal will be evaluated by that Principal or Assistant Principal as a primary evaluator.

2.                   Teachers under the supervision of more than one Principal will be evaluated by the Superintendent or Associate Superintendent as the primary evaluator.

B.            The Director of Special Education and Pupil Personnel Services may be assigned by the Superintendent or the Principal to evaluate special education teachers as the secondary evaluator (i.e., Director of Special Education and Pupil Personnel Services will observe and evaluate, but evaluation document must be signed-off by the Superintendent, Principal, or Assistant Principal as the primary evaluator).

C.            Department Heads, Grade Level Coordinators, and Head Teachers may be called on by either administrators or teachers to act as resources during the evaluation process, but will not evaluate teachers.

D.            Teachers with Professional Status will be evaluated every other year; however, they may be evaluated more often if required.

E.            Teachers with Non-Professional Status will be evaluated every year.

F.             Evaluations will consist of:

1.                   A minimum of three classroom observations every year (full class periods) for teachers with non-professional status and a minimum of two classroom observations every other year (full class periods) for teachers with professional status; however, classroom observations may be done more frequently at the request of the administrator or teacher. One classroom observation may be a special project outside of the regular classroom, if mutually agreed to by both the primary evaluator and the teacher.

2.                   A pre-observation conference for each observation will be scheduled at a mutually convenient time. Post-observation conferences must take place, however, within seven (7) work days of the observations. The post-observation conference must take place during the same meeting (i.e., in that order), but separate post-and pre-observation forms must be completed.

3.                   A summative (end of the year) evaluation by consolidating the observations as part of the annual evaluation.

G.       Time-lines for observations and annual summative evaluations are as follows:

1.                  Teachers with Professional Status will have formal observations completed by November 15th and February 15th, and the summative evaluation completed prior to the last day of the school year. If more than two observations are conducted, they must take place prior to May 15th.

2.                  Teachers with Non-Professional Status will not have an official observation prior to October 15th, but will have formal observations completed by December 15th, March 15th, and May 15th, and the summative evaluation prior to June 15th.

H..     Additional observation and evaluation items include:

1.                   All written observations and summative evaluations will be in narrative form.

2.                   Observation and evaluation documentation will be based on the baseline standards and will employ the descriptors as published by the Department of Education.

3.                   Observations, in addition to the two or three required classroom visits, may include informal observations as long as such observations relate directly to baseline standards and descriptors (e.g., participation on curriculum committees, communication with parents, visits to class­rooms, etc.).

4.                   Every classroom observation will not employ all the baseline standards, nor all the descriptors, just those appropriate to the observed lesson. This aspect of the teacher observation/evaluation process should be discussed during the first pre-observation meeting.

5.                   By the end of the second or third observation (i.e., additional observations may be scheduled at the request of either the administrator or teacher), all standards and only the appropriate descriptors (i.e., not necessarily all), will be used.

6.                   The summation (summative evaluation) of all observations will be the basis for the final evaluation.

7.        Forms for the observation/evaluation process will include:

(a)                Pre-observation conference form.

(b)                Narrative observation form.

(c)                 Post-observation conference form.

(d)                Summative observation form.

(e)                 Optional teacher comment attached form.

(f)                 Improvement plan form.

I.             Evaluators will be required to make one of three recommendations on the teachers' summative evaluation forms by the end of every evaluation year. The three recommendations are:

1.                   Recommend continued employment.

2.                   Do not recommend continued employment.

3.                   Recommend continued employment with improvement (i.e., and will present an improvement plan to the teacher to be implemented during the following school year).

12.08    Teacher Evaluation Improvement Plan - Any teacher receiving an end-of-the-year summative evaluation with a recommendation for continued employment with improvement, will be presented with an improvement plan from his/her evaluator to be implemented during the following school year. The improvement plan must include (see forms):

A.            The required improvements (related to baseline standards and appropriate descriptors).

B.            Suggested resources which may assist the teacher with his/her improvement.

C.            The date of the next review concerning the required improvements.

Comments regarding improvement or non-improvement shall be written directly on the observation narrative as the following school year's evaluation process is implemented and on the final summative evaluation form.

12.09       Annual Review of the Teacher Observation/Evaluation Process  - A joint committee will be established to review the entire teacher evaluation process. The joint committee will consist of 8 members; 4 teachers (one from each level) and 4 principals (one from each level). The joint committee will complete its work by no later than June 1,2005, unless more time is needed by mutual agreement.    The joint committee will meet during school time.

12.10    Special Provisions

A.            All evaluations shall be conducted openly and with the full knowledge of the teachers. For example, no secret formal observation through an intercom shall be conducted.

B.            Teachers shall not receive adverse comments from, nor make adverse comments about, any evaluator in the presence of pupils, parents, or other teachers.

C.            An adverse evaluation may be subject to the grievance procedure, and may be arbitrated where it forms the basis of increment denial, dismissal, or suspension of a teacher with professional status, or the dismissal or suspension of a teacher with professional status, or the dismissal or suspension of a teacher without professional status during the school year.

D.            The teacher may file his/her companion report before the observation report is placed in his/her file.

12.11 Personnel File

A.            Upon request, each teacher has the right to review the contents of his/her permanent personnel file. At the teacher's request, a representative of the Association may accompany the teacher in such review. The review shall be made in the presence of the person responsible for the safekeeping of such file. Facilities shall be available for the teacher to make photocopies of such contents and records. (There shall be only one permanent file on each teacher.)

B.            A teacher shall have the right to answer in writing any complaints filed in his/her personnel file, and his/her answer shall be attached to the complaint and reviewed by the Superintendent of Schools.

12.12    Alcoholism and Drug Abuse

A.       Alcoholism and drug abuse are recognized by the parties to be treatable

illnesses. Without detracting from the existing rights and obligations of the School Committee and the Association recognized in the other provisions of this Agreement, the Association and the Committee agree to cooperate in encouraging teachers afflicted by alcoholism or drug abuse to undergo a program designed to rehabilitate the employee. If alcoholism or drug abuse impairs work performance, attendance, conduct or reliability and the employee fails to avail him or herself of assistance, the normal disciplinary procedures for responding to unsatisfactory job performance will be utilized.

ARTICLE 13

PROTECTION OF TEACHERS

13.01  Assaults

A.       Principals and teachers shall be required to report any case of assault on teachers in connection with their employment to the Superintendent of Schools. The Superintendent of Schools shall acknowledge receipt of such report and shall report this information to the School Committee.

1.                   The alleged assault will be promptly investigated by the principal and Superintendent.

2.                   If the assault is by a person who is not a pupil, the School Department shall promptly report the incident to the proper law enforcement authorities.

3.                   In either case (pupil or non-pupil) the School Department will render all reasonable aid to the teacher in connection with handling of the incident by law enforcement, legal, and medical authorities.

B.        Workers' Compensation

1.             An employee covered by this agreement who is eligible for Workers* Compensation under Massachusetts General Laws 152 will have the option of receiving: (a) Workers' Compensation only, or (b) Workers' Compensation plus that portion of his/her sick leave accrued as of the date the leave commences which, when added to Workers' Compensation, equals 100% of his/her salary. The employee must have accumulated sick leave to choose option (b).

2.                   The affected employee shall make either/or choice in writing at the beginning of the leave which will be followed for the duration of the leave.

3.                   In the event an employee's sick leave entitlement is exhausted, the benefit of the sick leave addition will cease.

4.                   It will not be permissible for an employee to receive more than 100% of his/her normal pay under the employee's current contractual wage scale.

C.      The School Committee shall reimburse a teacher for:

1.                   Any clothing or other personal property damaged or destroyed as a result of an assault suffered in the course of his/her employment; and

2.                   The cost of any medical, surgical, or hospital services (over and above the amount of any insurance reimbursement and Workers' Compensation received by said teacher) incurred as the result of any assault suffered in the course of his/her employment.

13.02     Indemnification

A.      So far as permitted by Chapter 41, Section 100C of the General Laws of the Commonwealth as amended by Chapter 513 of the Acts of 1964, the School Committee shall provide indemnification whenever any teacher shall become eligible therefor.

13.03     Teacher's Rights

A.            No teacher will be disciplined, reduced in pay or rank, discharged or denied a benefit without just cause.

B.            No teacher shall be required to transport a pupil in his/her private automobile without prior arrangement and proper compensation. Teachers receiving

mileage reimbursement or payments in lieu of direct mileage compensation may be asked to transport pupils on special occasions. C.       Disciplinary Interviews - Any teacher who requests that an Association

representative be present at an investigator interview should be allowed to have such representation if the teacher reasonably believes that he or she will be subject to disciplinary action.

ARTICLE 14

TEMPORARY LEAVES OF ABSENCE

14.01 Sick Leave - A teacher shall be entitled to up to fifteen (15) days per year without loss of pay. The Superintendent or his/her administrative designee, upon request, will be furnished with a doctor's certificate for any absence of more than three (3) consecutive days and for any habitual absence immediately preceding or following a "weekend", or school recess or vacation period. These periods shall include the Thanksgiving recess, the December recess, and the February and April vacations. Sick leave days may be accumulated without limit. Said absence shall be the result of personal illness or illness in the immediate family, that is spouse, parent, child or any family member living within the employee's household. Absence for other cause shall result in the standard deduction except as the Committee may vote otherwise. The sick leave of any person in the employ of the School Committee will terminate upon the day of death of said person. First year teachers in the Belchertown School System will earn leave at the rate of one and one-half days per month beginning September 1 and ending June 30. After this first year, sick leave will be handled in the normal manner. First year teachers will be paid for sick leave only to the extent of their accumulation; however, the teacher who is not paid for such time at the time of his/her illness will be paid for such time at the end of the school year providing the sick leave has been earned.

 A.       Sick Leave Bank

1.            A Sick Leave Bank Committee will be established composed of;

a.             Three (3) teachers appointed by the President of the Teachers' Association;

b.             One (1) person appointed by the Superintendent of Schools;

c.             Two (2) members of the School Committee appointed by the Chairman of the School Committee;

d.             Decisions of the Sick Bank Committee shall not be subject to the grievance procedure; and

e.             No payment from the Sick Bank shall be made except on a regular warrant approved by the School Committee;

f.             Copies of requests to use the sick bank and responses will be sent through the Superintendent's Office to the teacher involved, the School Committee, the B.T.A. President, and the Town Accountant.

2.            If a member of the Sick Leave Bank uses all of his/her sick day for just cause, he/she may have additional sick leave days from the Sick Leave Bank for legitimate reasons until such time as he/she accrues more sick leave days of his/her own or exceeds the limits defined below.

a.             Each employee covered by this contract may become a member of the Sick Leave Bank by donating one (1) sick leave day to the Bank within forty-five (45) calendar days of his/her employment by the School Committee, whichever is later. Each member of the Sick Leave Bank will also agree to donate one (1) additional day at the beginning of each school year hereafter plus any days assessed by the Sick Leave Bank Committee. A member may withdraw from the Bank for a subsequent school year by giving written notice to the Sick Leave Bank Committee and the School Committee by September 15 of the school year during which he/she no longer desires membership.

b.             Each member of the Sick Leave Bank may receive up to twenty-five (25) days of sick leave from the Bank per school year on approval of the Sick Leave Bank Committee. Additional days of sick leave from the Bank may be granted by a majority vote of the membership of the Sick Leave Bank. If it is not feasible to receive this approval or vote prior to a member's absence, the School Committee may withhold the salary of the teacher for the days in question until such time as a decision has been made. If the Sick Leave Bank Committee approves, the days shall be deducted from the Bank's total and the teacher shall be paid his/her salary in full for the days in question.

c.             If the number of sick leave days in the Bank are depleted below two hundred (200) days, one (1) additional day for the Bank may be assessed each member.

d.             If the sick leave days in the Bank equal or exceed four hundred (400) days at the end of the school year, the past members of the Bank will not need to donate any days to maintain membership for the following school year unless days are needed under "c" above.

e.             If a teacher who once decided not to join the Sick Leave Bank decides to join in a subsequent year, his/her initial donation to the Bank must equal the total number of days that he/she would have donated to the Bank through the years had he/she joined initially, In no case will this initial donation exceed ten (10) days.

f.             No member of the Sick Leave Bank will be denied continuation of membership in the Bank because he/she has no sick leave days of his/her own to donate to the Bank when additional assessments are made for the Bank. His/Her assessment will be made up at the beginning of the following school year.

g.             On November 1 of each school year, the Sick Leave Bank Committee will inform the Superintendent's Office in writing of the number of sick leave days donated by each member to the Bank and the number of days accrued by the Bank itself according to its records. The Superintendent's Office will advise in writing the Sick Leave Bank Committee the number of sick days accumulated by each member.

14.02   Personal Leave - All teachers will be entitled to personal leave without loss of pay, not to exceed two (2) days per school year, for the purpose of conducting important personal business which could not be scheduled outside school hours. A written request must be submitted to the Superintendent of Schools at least two (2) days in advance of the day the leave is to be taken, except in emergencies. The request need not specify the specific nature of the business to be conducted. Teachers may accumulate up to four (4) personal days by carrying unused personal days into the following school year. All requests for three (3) or more consecutive personal days must have prior approval of the Superintendent. Unused personal days that cannot be carried into the following school year will be added to accumulated sick leave at the end of each school year.

14.03      Professional Leave -  Teachers will be guaranteed a minimum of one (1) day of professional leave during each school year. Additional days may be granted at the discretion of the Superintendent.

14.04       Bereavement Leave -  A teacher shall be entitled to three (3) consecutive calendar days leave without loss of pay for death in the immediate family. Immediate family shall include mother, father, mother-in-law, father-in-law, spouse, child, brother, sister, grandparents, grandchild, brother-in-law, sister-in-law, aunt, uncle or a family member residing in the household of the teacher. Teachers will be allowed five (5) days of bereavement leave upon the death of a spouse, parent, or child. Two (2) additional days shall be granted for the death of an immediate family member requiring travel in excess of two hundred (200) miles.   Additional bereavement leave may be granted by the Superintendent.

14.05       Jury Leave - Teachers will not suffer loss of regular earnings for time spent on jury leave during the school year provided all monies received for said jury service are turned over to the Town.

14.06      Substitutes - The parties will continue to explore means of increasing the supply of competent substitutes.

ARTICLE 15

EXTENDED OF ABSENCE

15.01    Professional Improvement Leave - Unpaid  One (1) teacher per year is eligible for a leave, upon approval by April 15 of the current year, for the purpose of engaging in professional improvement activities. Such leave is only granted in areas where replacement for one (1) year would not create hardship for the school system. Salary increment for the year of leave may be granted at the discretion of the School Committee upon written request and upon proof being submitted of benefit to the school system.

15.02    Maternity Leave and Paternity Leave

A.            Female teachers in the Belchertown School System will be granted a maternity leave of up to eight (8) weeks for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled. A written notice must be submitted by the teacher to the Superintendent or his/her designee at least two (2) weeks before the anticipated date of departure. Tentative date of intention to return should also be indicated at this time. The teacher may draw on accumulated sick leave during this period of temporary disability. It is intended that this leave be counted toward the annual 12 weeks of leave permitted under the federal Family and Medical Leave Act (FMLA).

B.            A teacher may take an upaid child-rearing leave until the end of that school year if she/he notifies the Superintendent or his/her designee within one (1) week after the birth or adoption. An additional year of unpaid child-rearing leave may be granted at the sole discretion of the Superintendent.

C.            A male teacher may take a paternity leave of up to ten (10) days to coincide with the birth or adoption of his child. A written notice must be submitted by the teacher to the Superintendent or his/her designee at least two (2) weeks before the anticipated date of the leave. The teacher may draw on accumulated sick leave during this period.

15.03    Military Leave - Unpaid - Military leave without pay shall 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 shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence up to a maximum of three (3) years.

15.04      Peace Corps - Unpaid -  Upon his/her request any teacher covered by this contract who is a teacher with professional status may be granted a leave of absence without pay for two (2) years to work with the Peace Corps. Upon his/her return to the School System, his/her salary shall be the same as he/she would have received had the period of his/her Peace Corps Service been spent in the Belchertown School System.

15.05       Selective Service Examination - Each teacher shall be granted time off without loss of pay or without charge to sick leave when required to be in attendance for a physical examination or other test required by the Selective Service.

15.06      Requests for Leave -  All requests for leave under this Article shall be made through the teacher's principal to the Superintendent of Schools.

15.07      Extension of Leave of Absence - Leaves of absence may be extended by the Superintendent.

15.08      After five (5) years of continuous employment in Belchertown School System, a teacher may be granted a leave of absence, without pay, for up to one (1) year for serious family illness. Requests for such leave will be supported by appropriate medical evidence.

15.09      Any teacher with professional status whose personal illness extends beyond the period compensated may be granted a leave of absence without pay for such time as is necessary for complete recovery from such illness.

15.10      A teacher with at least ten (10) years of continuous employment in the Belchertown School System may, at the discretion of the Superintendent, be granted a leave of absence without pay for up to one (1) year to pursue a possible alternative career. Teachers who are granted such a leave must indicate to the Superintendent by the end of May of the year the leave takes place if they intend to return to the system. If the teacher fails to contact the Superintendent by the end of May, the teacher will forfeit his/her rights and will be considered to have resigned.

15.11      Sick leave accrued prior to the commencement of a leave of absence will be restored to the teacher upon his/her return, and such teacher will be assigned to the same or a substantially equivalent position.

15.12       All requests for extensions or renewals of leaves will be applied for and answered in writing. A teacher's entitlement to his/her prior position upon return from such extensions or renewal will be arranged on an individual basis.

15.13         Any teacher on leave who does not return to work upon the termination of said leave shall be considered as having resigned from his/her position, unless notice is given, prior to the expiration of the leave, that the teacher will be unable to return due to incapacitating illness or other circumstances beyond the control of the individual.

15.14         A teacher may be granted personal leave for up to one (1) year for the purpose of caring for a family member. This leave will be without pay.

15.15       Selected professional leaves of short duration, for up to one college term, may be granted at the discretion of the Superintendent, without recourse under the grievance - arbitration provisions of this Agreement as to a denial of such a leave.

ARTICLE 16

COMPENSATION

16.01      Subject to the provisions of this contract, the wages, hours, and other conditions of employment as applicable to current school policies and procedures in effect on the date of this contract shall continue to be so applicable and shall apply to employees covered by this contract.

16.02      The salary schedule for the 2010 - 2013 school years is attached to this contract as

Appendix A.

Effective FY ' 11 (2010-2011): +1% increase retroactive to first pay

Effective FY' 12 (2011-2012): +1% increase beginning with the first pay

Effective FY '13 (2012-2013): +1% increase beginning with the first pay with an additional 1% increase beginning on the 91st day of the school year.

16.03       Additional Compensation: The basic salary of a teacher shall not be increased to compensate for the assumption of additional responsibilities.  A separate schedule Appendix B shall be established of all responsibilities for which there is additional compensation.  The exception to this rule is compensation for professional and curriculum development time, tutoring, and mentoring approved by the Superintendent or his/her designee. Teachers who volunteer to participate in these activities beyond their contractually required time will be paid as follows:

2010-2011:                    $28 per hour

2011-2012:                    $29 per hour

2012-2013:                    $30 per hour

16.04  Extra Compensation as a Workshop Presenter

A.            For the purpose of this agreement, a workshop shall mean a short-term activity with a clearly defined purpose, objective or goal. The time commitment is predetermined and the teacher's obligation is met upon completion of the workshop. Workshops may be held on predetermined Tuesday afternoons as defined by the contract, or during a full day teacher in-service day.

B.            Workshop presenter positions from within the districts shall be posted according to the teachers' contract for internal postings.

C.            Certified staff who are hired as presenters of workshops held during the scheduled contract day shall be paid $50.00 per hour of workshop time. Workshop presenters shall submit a proposal for the workshop to the Superintendent of Schools for feedback at least ten (10) days in advance of the workshop to be presented.

D.            All teachers shall be notified of workshops to be presented within five (5) workdays of their approval. The Superintendent or her designee shall provide a process for teachers to register for workshops being offered and furnish the workshop presenter with a list of attendees at least three(3) days in advance of the workshop.

16.05  Annual Increments:

A.            The annual increments are not automatic, but are to be dependent on satisfactory service. Even if the teacher is serving at the discretion of the School Committee (with professional status), a step increase may be withheld provided the teacher has not rendered satisfactory service. Said teacher is to be notified immediately in writing by the principal/superintendent when it has been decided to withhold a step increase.

B.            The salary schedule for teachers shall consist of seven (7) categories as follows: B, B+15, Masters, M+15, M+30, CAGS/MM, Doctorate. Teachers who have been compensated at the Masters degree level based upon their attainment of a Bachelor's +30 credits will continue to be so compensated. Any future access to the Masters degree level will require the attainment of a Masters degree. The B+30 column has been eliminated.

C.            Credit courses from colleges must be approved in advance by the Superintendent.

D.            Requests for placement on the Bachelors plus 15 credits column must be accompanied by a letter from the proper college authority stating that the candidate is enrolled in and has successfully completed at least fifteen (15) hours of credit in the Masters program. In unusual circumstances, a letter should be submitted to the Superintendent outlining the reasons for requesting any exceptions to the above. In any case, advance approval must be secured before enrolling in any program of an exceptional nature for which salary credit will be requested. The approval of any requests will be at the discretion of the Superintendent and will be final in all cases.

E.            Properly documented evidence of an actual Masters Degree having been earned must be submitted in order to qualify for the Masters Degree column.

F.             Teachers planning to apply for the Masters plus 15 approved credits and the Masters plus 30 approved credits should make certain that all credits are approved in advance by the Superintendent; otherwise, they may not be accepted.

G.            Changes in salary schedule status brought about by additional degrees or credits received will be made on the last day of February as well as the last day of September, provided that proper verification has been received. The teacher must notify the Central Office ninety (90) days in advance of the applicable effective date. To assist in the construction of a realistic budget, any one who believes that their pay status may change in the coming fiscal year should notify the Central Office by January 1st of the current year.

H.            Salary credit for previous teacher experience shall be at the discretion of the principal with the approval of the Superintendent. In evaluating this experience, the principal shall consider such factors as: (a) the similarity between previous public school experience and the position being filled in regard to such factors as grade level and subject matter; (b) how recent this experience was; (c) previous success, and (d) factors unique to the position being filled that would require special consideration.

16.06      Longevity Payments: An additional sum of $750 shall be paid annually to those teachers who have completed 15 years of full-time satisfactory service in the Belchertown Public Schools. Teachers who have completed 20 years of said service shall receive an annual sum $1,000, and teachers who have completed 25 years of said service shall receive an annual sum of $1,500. Beginning in the school year 2012-2013, an additional sum of $500 shall be paid annually to those teachers who have completed twelve (12) years of full time satisfactory service in the Belchertown Public Schools. Teachers who have completed fifteen (15) years of said service shall receive an annual sum of $950. Teachers who have completed twenty (20) years of said service shall receive an annual sum of $1,200, and teachers who have completed twenty-five (25) years of said service shall receive an annual sum of $1,700.

16.07      Any faculty members who are required to travel because of added responsibility will receive the following reimbursement: $200 per year.

16.08      Veteran teachers upon notice to the Superintendent of Schools no later than June 1 of the school year preceding the school year in which payment is to be received, and new teachers upon their official appointment, may elect to receive their annual salary in equal payments plus one lump sum included within the first July payroll period.

16.09      If an employee is terminated, resigns, or becomes deceased within a pay period for which he/she received payment, the school district will reclaim the salary paid for any days beyond the actual date of termination, resignation, or becoming deceased.

ARTICLE 17

GROUP INSURANCE AND TAX SHELTERED ANNUITY PLANS

17.01       Group Insurance -   All teachers covered by this contract shall be eligible to participate in any Group Insurance Plan in accordance with the provisions of said Plan adopted by the Town of Belchertown and in full force and effect for all employees of the Town of Belchertown, or in any comparable Plan subsequently established to cover solely employees of the Belchertown Public Schools. Effective September 1, 2002, teachers enrolled in an HMO will pay 25% of the premium and the Committee will pay 75%. Teachers enrolled in the indemnity plan, which is currently paid 25%/75%, will continue to pay 25% of the premium and the Committee will pay 75%.  Any teacher who is a member of a reserve unit of the armed forces of the United States and is called for his or her annual tour of duty or for duty under M.G.L. chapter 33, section thirty-eight, forty, forty-one or sixty, shall continue to be eligible to participate in the Group Insurance plan, and at the same premium percentage rates, as established under Article 13.01 for up to eighteen (18) months.

17.02    Tax-sheltered Annuities - Teachers shall be eligible to participate in a tax-sheltered annuity plan established pursuant to appropriate federal, state and local law. All requests for deductions must be received by August 1 to commence in September of each year. An employee of the School Department shall not enroll in a tax-sheltered annuity with more than one (1) company of his choice.

17.03     Flexible Spending Accounts   The Belchertown Public Schools offers a Flexible Spending Account (FS A) Plan to employees as part of its benefits package. Two reimbursement accounts are available, a Health Flexible Spending Account and a Dependent Care Assistant Plan.

ARTICLE 18

RETIREMENT CREDIT

18.01      A teacher meeting the following criteria may buy back his/her unused accumulated sick leave at $17/Day for all days up to two hundred twenty five (225). The maximum buy-back is

A.          The teacher must be retiring with fifteen (15) or more years of service in Belchertown.

B.          The teacher must have at least 100 accumulated sick days.

C.          The teacher must advise the Superintendent's Office of his/her intention to retire by February 1, immediately preceding the date of retirement. This requirement may be waived by the School Committee.

18.02      The surviving spouse, or surviving children living in the immediate family, of any (deceased) teacher entitled to the accumulated sick leave buy-back provision of the contract, shall be entitled to collect the earned (deceased) teacher's retirement buy-back as stipulated in the contract.

ARTICLE 19

PROFESSIONAL IMPROVEMENT

19.01     It is the policy of the Belchertown School Committee to encourage teachers to continue professional study. The School Committee will require that the following conditions be fulfilled relative to all courses/programs taken for compliance with the salary schedule requirement: A.      Advance approval of courses/programs to be studied shall be secured from the Superintendent of Schools on forms provided by the Superintendent's Office.

B.      Evidence must be presented showing that the courses/programs have been completed with satisfactory and passing grades. The official transcript must be submitted to the Superintendent of Schools upon completion of the course.

19.02   Professional Improvement Reimbursement

A.          The Committee will budget $20,000 each school year for professional improvement course tuition reimbursement and workshop registration fees. The money will be distributed among all teachers who are eligible for participation in the course/professional improvement reimbursement process.

B.          All professional improvement approved by the district shall be eligible for reimbursement if it aligns with the school and district goals as outlined in the employee's Individual Professional Improvement Plan (IPDP). Semester courses shall be defined by colleges, universities, or recognized organizations providing the courses.

C.          In order to receive reimbursement, the teacher must receive approval for courses and/or professional improvement activities in writing by the Superintendent or his/her designee in advance, and the teacher must submit his/her application and an official transcript with a passing grade of B or better ("Pass" if a Pass/Fail course) or certificate of completion no later than June 15.

D.          Whenever professional improvement activities provide fewer than ten(10) PDPs, they must be part of a series of activities that add up to a minimum of ten (10) PDPs before being eligible for reimbursement. A teacher shall be eligible for reimbursement of professional improvement activities in the year that he/she reaches the 10 PDP threshold.

E.      The maximum amount for reimbursement for tuition or workshop registration fees will be $500 for each school year.

19.03       Teachers will be responsible to maintain certification in their teaching areas. If the Department of Elementary and Secondary Education changes the requirements, the teacher will meet the requirements by the date prescribed. If the Department of Elementary and Secondary Education grants a grandfather waiver on the requirement, the Committee will agree to accept this condition.

19.04    Placement will be effected on the last day of September and the last day of February for courses completed and certified to the Superintendent of Schools prior to those dates.

ARTICLE 20

DEDUCTIONS

20.01 The School Committee shall provide that, whenever duly authorized by any teacher on a form or forms approved by the Committee, payroll deductions on behalf of such teacher shall be made every payday and paid over in accordance with such form or forms for any or all of the following purposes:

A.          Premiums under the Town of Belchertown Employee's Group Insurance Program.

B.          Premiums under any annuity contract purchased for the teacher by the Committee.

C.          Deductions for a credit union designated by the Teachers' Association.

D.          Deductions for payroll savings to a financial institution of the individual teacher's choice.

All requests for deductions must be made prior to August 1 of any year, deductions to commence in first check received in September of that same year.

20.02    Health Insurance Deductions: The parties agree that a Section 125 Plan of the IRS Code for group health insurance will be established effective at the beginning of the 1993-94 school year and thereafter. Effective July 1, 2010s annual health insurance premiums for members of this unit will be deducted in equal payments from September through June. This provision will remain in effect for as long as the Town of Belchertown agrees to provide this service to the Belchertown School Department.

ARTICLE 21

MISCELLANEOUS PROVISIONS

21.01      Job descriptions/duties will be updated with each new contract or as needed.

21.02       The parties agree that the Athletic Director shall not be assigned study hall duties. The Athletic Director shall also be assigned two less teaching periods per day whenever possible.

ARTICLE 22

DURATION/NEGOTIATIONS PROCEDURE

22.01    Duration: This shall be a three-year contract from July 1,2010 through June 30, 2013, and shall thereafter automatically renew itself for successive terms of one year each unless by November 1 of the calendar year preceding the calendar year in which this contract expires, either by the Committee or the Association shall have given the other written notice of its desire to modify or terminate this contract.

22.02     Negotiations: If a successor agreement is not reached before the expiration date of the existing date of the existing contract, the existing contract shall remain in effect until the successor agreement is reached. However, either party can terminate the agreement after August 31 of the year in which the successor agreement should take effect by serving written notice of their intent to terminate the agreement. Said written notice must be served at least forty (40) working days prior to the actual termination, beginning not earlier than August 31.

ARTICLE 23

SAVINGS CLAUSE

23.01  If for any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except; to the extent permitted by law, but all other provisions of applications will continue in Ml force and effect. The parties will meet as soon as possible for the purpose of renegotiating the provision or provisions affected.

FOR THE BELCHERTOWN                                                FOR THE BELCHERTOWN

SCHOOL COMMITTEE                                                       TEACHERS' ASSOCIATION

DATE: ________________________                              DATE: ________________________

_____________________________________              ____________________________________

_____________________________________              ____________________________________

_____________________________________              ____________________________________

_____________________________________              ____________________________________

_____________________________________              ____________________________________

APPENDIX A SALARY SCHEDULE

STEP

FY11

FY12

FY13(1-90)

FY13(91+)

BA 1

36,966

37,336

37,709

38,086

BA 2

38,885

39,274

39,667

40,063

BA 3

40,814

41,222

41,634

42,051

BA 4

42,738

43,166

43,597

44,033

BA 5

44,660

45,107

45,558

46,013

BA 6

46,589

47,055

47,526

48,001

BA7

48,509

48,994

49,484

49,979

BA 8

50,437

50,942

51,451

51,966

BA 9

52,358

52,882

53,411

53,945

BA 10

54,288

54,830

55,379

55,932

BA 11

56,213

56,775

57,342

57,916

BA 12

58,944

59,533

60,128

60,730

BA+15-1

38,210

38,592

38,978

39,368

BA+15-2

40,131

40,533

40,938

41,347

BA+15-3

42,059

42,480

42,905

43,334

BA+15-4

43,984

44,424

44,869

45,317

BA+15-5

45,902

46,362

46,825

47,293

BA+15-6

47,834

48,312

48,795

49,283

BA+15-7

49,757

50,254

50,757

51,264

BA+15-8

51,686

52,203

52,725

53,252

BA+15-9

53,613

54,149

54,690

55,237

BA+15-10

55,530

56,085

56,646

57,212

BA+15-11

57,458

58,032

58,613

59,199

BA+15-12

60,188

60,790

61,398

62,012

BA+30-12

61,776

62,393

63,017

63,648

M1

40,076

40,477

40,881

41,290

M2

42,001

42,421

42,845

43,274

M3

43,930

44,369

44,813

45,261

M4

45,853

46,312

46,775

47,242

MS

47,777

48,255

48,737

49,225

M6

49,702

50,199

50,701

51,208

M7

51,625

52,141

52,663

53,189

M8

53,555

54,091

54,632

55,178

M9

55,481

56,036

56,596

57,162

M10

57,400

57,974

58,554

59,140

M11

59,327

59,921

60,520

61,125

M12

62,058

62,679

63,306

63,939

Wl+15-1

41,320

41,733

42,151

42,572

M+15-2

43,254

43,687

44,124

44,565

M+15-3

45,172

45,624

46,080

46,541

M+15-4

47,099

47,570

48,046

48,526

M+15-5

49,021

49,512

50,007

50,507

M+15-6

50,945

51,455

51,969

52,489

M+15-7

52,872

53,401

53,935

54,475

M+15-8

54,799

55,347

55,900

56,459

M+15-9

56,725

57,292

57,865

58,443

M+15-10

58,648

59,234

59,826

60,425

M+15-11

60,571

61,176

61,788

62,406

Wi+15-12

63,304

63,937

64,576

65,222

M+30-1

42,572

42,997

43,427

43,861

M+30-2

44,496

44,941

45,390

45,844

M+30-3

46,414

46,878

47,346

47,820

M+30-4

48,347

48,830

49,318

49,812

M+30-5

50,267

50,769

51,277

51,790

M+30-6

52,157

52,679

53,206

53,738

M+30-7

54,119

54,660

55,207

55,759

M+30-8

56,050

56,610

57,177

57,748

M+30-9

57,972

58,552

59,137

59,729

M+30-10

59,894

60,493

61,098

61,709

M+30-11

61,816

62,434

63,059

63,689

M+30-12

64,549

65,195

65,847

66,505

CAGS/MM-1

43,813

44,251

44,693

45,140

CAGS/MM-2

45,739

46,196

46,658

47,125

CAGS/MM-3

47,667

48,144

48,625

49,111

CAGS/MM-4

49,592

50,088

50,589

51,095

CAGS/MM-5

51,510

52,025

52,545

53,071

CAGS/MM-6

53,438

53,972

54,512

55,057

CAGS/MM-7

55,366

55,920

56,479

57,044

CAGS/MM-8

57,291

57,864

58,443

59,027

CAGS/MM-9

59,217

59,809

60,408

61,012

CAGS/MM-10

61,137

61,749

62,366

62,990

CAGS/MM-11

63,061

63,692

64,329

64,972

CAGS/MM-12

65,794

66,452

67,117

67,788

EdD/PhD-1

45,057

45,508

45,963

46,422

EdD/PhD-2

46,985

47,455

47,930

48,409

EdD/PhD-3

49,028

49,519

50,014

50,514

EdD/PhD-4

50,835

51,344

51,857

52,376

EdD/PhD-5

52,758

53,286

53,819

54,357

EdD/PhD-6

54,684

55,231

55,784

56,341

EdD/PhD-7

56,608

57,175

57,746

58,324

EdD/PhD-8

58,539

59,124

59,715

60,312

EdD/PhD-9

60,464

61,068

61,679

62,296

EdD/PhD-10

62,383

63,006

63,637

64,273

EdD/PhD-11

64,308

64,951

65,600

66,256

EdD/PhD-12

67,039

67,709

68,386

69,070

APPENDIX B ADDITIONAL COMPENSATION - SUPERVISORY

POSITION

FY 2011

FY 2012

FY 2013

 

 

 

 

Student Council HS

$677.00

$750.00

$750.00

Student Council MS

$411.00

$475.00

$475.00

 

 

 

 

Activity Manager JBMS

$794.00

$825.00

$875.00

 

 

 

 

Memory Book JBMS

$1,158.00

$1,250.00

$1,250.00

 

 

 

 

Director of Intramurals - JBMS

$663.00

$675.00

$720.00

 

 

 

 

Class Advisor - Grade 9

$   500,00

$550.00

$600.00

Class Advisor - Grade 10

$550.00

$650.00

$800.00

Class Advisor - Grade 11

$1,015.00

$1,100.00

$1,200.00

Class Advisor - Grade 12

$1,353.00

$1,400.00

$1,400.00

 

 

 

 

Nature's Classroom Trip Planner

$200.00

$300.00

$400.00

Natures Classroom Trip Chaperone (12)

$100.00

$200.00

$250.00

 

 

 

 

BHS Biology Club Advisor

$200.00

$300.00

$400.00

BHS Chess Club Advisor

$292.00

$300.00

$400.00

BHS Computer Club Advisor

$206.00

$300.00

$400.00

BHS Games Club Advisor

$200.00

$300.00

$400.00

BHS GSA Advisor

$200.00

$300.00

$400.00

BHS information Society Club Advisor

$200.00

$300.00

$400.00

BHS Ski Club Advisor

$250.00

$250.00

$250.00

BHS Young Liberals Club Advisor

$200.00

$300.00

$400.00

BHS Young Republicans Club Advisor

$200.00

$300.00

$400.00

 

 

 

 

As School Match Wits Advisor

$200.00

$300.00

$400.00

Humanities Advisor

$869.00

$900.00

$1,000.00

LEAF Advisor

$200.00

$300.00

$400.00

Math Team Advisor

$200.00

$400.00

$600.00

Model Congress Advisor

$481.00

$500.00

$600.00

National Art Honor Society Advisor

$200.00

$300.00

$400.00

Peer Tutoring Advisor

$200.00

$300.00

$400.00

Students Against Drunk Driving Advisor

$400.00

$400.00

$425.00

Powder Puff Game Coordinator

$

$200.00

$400.00

Project Runway Coordinator

$

$200.00

$400.00

Yearbook Advisor - HS

$2,122.00

$2,150

$2,200.00

 

 

 

 

NEASC    Year before Visit

$2,000.00

$2,000

$2,000.00

Year of Visit

$1,500.00

$1,500

$1,500.00

Year After Visit

$1,000.00

$1,000

$1,000.00

Drama Advisor Applies to all

$578.00

$625

$750.00

Choral Director - CHCS

$677.00

$700

$750.00

Choral Director - JBMS

$677.00

$700

$750.00

Choral Director - HS

$700.00

$1,000

$1,500.00

Band Director - BHS

$6,142.00

$6,200

$6,200.00

Band Director - Elementary and Middle

$1,546.00

$1,575

$1,600.00

Athletic Director

$5,503.00

$5,600

$5,625.00

Student Accounts Manager

$900.00

$900

$925.00

Faculty Accounts Manager

$1,440.00

$1,450

$1,450.00

Budget Preparer (Phys Ed., If not chair or coordinator)

$250.00

$250

$250.00

Library Coordinator

$578.00

$600

$600.00

Department Chairs; (7)

$2,482.00

$2,500

$2,550.00

Dept. Chair (new - Fine/Applied Arts)

$2,482.00

$2,500

$2,550.00

K-8/Lead Teacher/Curriculum Coordinator

$2,482.00

$2,500

$2,550.00

Head Teacher @ Cold Spring School*

$2,482.00

TBD

TBD

Cafeteria Supervision - HS (8)

$1,029.00

$1,050

$1,100.00

Saturday Suspension (approx. 28 Saturdays x 3 hours)

$2,352.00

$2,436

$2,520.00

 

 

 

 

After School Club Advisors Proposal - All Clubs approved by BHS School Council/pro-rated if they do not start at the beginning of the school year.

$200.00

$300

$400.00

Ticket Seller

$50.00

$50

$50.00

Ticket Taker

$43.00

$44

$45.00

*The Superintendent and Association President will meet during the 2010-11 school year to review the responsibilities of the Head Teacher and develop a proposal for the annual stipend for FY12 & FY13.

 

 

 

APPENDIX C

BHS COACHING SALARIES

POSITION

FY 2011

FY 2012

FY 2013

Varsity Soccer-Boys

$2,339.00

$2,400.00

$2,500.00

Varsity Soccer-Girls

$2,339.00

$2,400.00

$2,500.00

Varsity Basketball-Boys

$3,509.00

$3,600.00

$3,800.00

Varsity Basketball-Girls

$3,509.00

$3,600.00

$3,800.00

Varsity Baseball

$2,649.00

$2,750.00

$3,000.00

Varsity Softball

$2,649.00

$2,750.00

$3,000.00

Varsity Swimming-Boys

$1,534.00

$1,650.00

$1,800.00

Varsity Swimming-Girls

$1,534.00

$1,650.00

$1,800.00

Tennis-Boys

$1,753.00

$2,000.00

$2,500.00

Tennis-Girls

$1,753.00

$2,000.00

$2,500.00

Varsity Volleyball-Boys

$1,585.00

$1,700.00

$2,000.00

Varsity Volleyball-Girls

$1,585.00

$1,700.00

$2,000.00

Wrestling

$2,339.00

$2,400.00

$2,500.00

Varsity Hockey

$2,882.00

$2,950.00

$3,200.00

Head Football Coach

$3,918.00

$4,200.00

$4,500.00

Cross Country-Boys

$2,339.00

$2,400.00

$2,400.00

Cross Country-Girls

$2,339.00

$2,400.00

$2,400.00

Track-Boys

$2,500.00

$2,650.00

$2,800.00

Track-Girls

$2,500.00

$2,650.00

$2,800.00

Varsity Lacrosse-Boys

$2,339.00

$2,400.00

$2,500.00

Varsity Lacrosse-Girls

$2,339.00

$2,400.00

$2,500.00

Varsity Cheerleading Football

$800.00

$900.00

$1,000.00

Varsity Cheerleading Basketball

$2,019.00

$2,050.00

$2,100.00

Skiing

$1,753.00

$1,850.00

$2,000.00

Golf

$1,753.00

$1,850.00

$2,000.00

 

 

 

 

Assistant Football Coach

$2,350.00

$2,500.00

$2,700.00

Junior Varsity Soccer-Boys

$1,753.00

$1,850.00

$2,000.00

Junior Varsity Soccer-Girls

$1,753.00

$1,850.00

$2,000.00

Junior Varsity Basketball-Boys

$2,339.00

$2,400.00

$2,500.00

Junior Varsity Basketball-Girls

$2,339.00

$2,400.00

$2,500.00

Junior Varsity Baseball

$1,753.00

$1,850.00

$2,000.00

Junior Varsity Softball

$1,753.00

$1,850.00

$2,000.00

Junior Varsity Hockey

$1,939.00

$1,975.00

$2,000.00

Junior Varsity Volleyball-Girls

$1,498.00

$1,600.00

$1,750.00

Junior Varsity Volleyball-Boys

$1,498.00

$1,600.00

$1,750.00

Junior Varsity Golf

$1,053.00

$1,100.00

$1,300.00

Junior Varsity Lacrosse-Boys

$1,753.00

$1,850.00

$2,000.00

Junior Varsity Lacrosse-Girls

$1,753.00

$1,850.00

$2,000.00

 

 

 

 

Freshman Soccer-Boys

$1,352.00

$1,450.00

$1,600.00

Freshman Soccer-Girls

$1,352.00

$1,450.00

$1,600.00

Freshman Basketball-Boys

$1,352.00

$1,450.00

$1,600.00

Freshman Basketball-Girls

$1,352.00

$1,450.00

$1,600.00

Freshman Volleyball-Girls

$1,000.00

$1,150.00

$1,300.00

Freshman Baseball

$1,352.00

$1,450.00

$1,600.00

Freshman Softball

$1,352.00

$1,450.00

$1,600.00

 

 

 

 

4th Year Varsity Coach receives additional

$516.00

$516.00

$516.00

 

 

 

 

4th Year J.V. Coach receives additional

$255.00

$255.00

$255.00

MEMORANDUM OF AGREEMENT

. The Belchertown School Committee (the Committee), Dr. Judith Houle (the Superintendent), and the Belchertown Teachers Association, Unit A (the Association), hereby agree to the following provision regarding time for meetings and professional development for the 2011-2012 school year.

Re: Article XXI. 21.04:

For the 2011-2012 school year, the current fifteen (15) after school meetings shall be reduced to ten (10) after school meetings to be used as building-based faculty/professional development meetings. The total of the other five (5) meetings will be redistributed into an additional day in the school calendar, pursuant to Article XIV, section 14.01 of the current contract, as follows:

14,01 -    The work year for teachers shall consist of one hundred eighty (180) days that students are required to be in school plus  two (2) days before the opening of school  and two (2) Professional Days which will be scheduled during the school year and which teachers are required to attend.

Student Days:                                                    180

New Teacher Days:                                               185

Current Teacher Days:                                         184

The purpose of the change from a series of five 1.5 hour sessions to a full 7 hour day is to provide more meaningful time for district-wide curriculum teams to meet for the purposes of curriculum revision and review and/or professional development.

The School Committee and the Association agree to meet in the spring of 2012 to evaluate this rearrangement and to decide whether it should remain in force or revert back to the current arrangement.

___________________________________________________________________________________

For the Committee                                                                                                         Date

___________________________________________________________________________________

Superintendent of Schools                                                                                           Date

___________________________________________________________________________________

Fertile Association                                                                                                         Date