Northampton

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DistrictNorthampton
Shared Contract District
Org Code2100000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityurbanized centers
Number of Schools6
Enrollment2692
Percent Low Income Students30
Grade StartPK or K
Grade End12
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AGREEMENT BETWEEN

THE NORTHAMPTON ASSOCIATION OF SCHOOL EMPLOYEES

AFFILIATED WITH

TILE MASSACHUSETTS TEACHERS ASSOCIATION

TEACHERS UNIT

AND

THE NORTHAMPTON SCHOOL COMMITTEE

212 MAIN STREET, NORTHAMPTON

MASSACHUSETTS 01060

COVERING THE PERIOD

JULY 1, 2013 THROUGH JUNE 30, 2016

CONTRACTUAL AGREEMENT

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made between the SCHOOL COMMITTEE of the City of Northampton (hereinafter referred to as the Committee) and the NORTHAMPTON ASSOCIATION OF SCHOOL EMPLOYEES (NASE) (hereinafter referred to as the Association) for the School Teachers Bargaining Unit.

PREAMBLE

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

a.         Under the law of Massachusetts, the Committee elected by the citizens of Northampton, has final responsibility for establishing the educational policies of the public schools of Northampton,

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

c.         The faculty of the public schools of Northampton has the responsibility for providing education of the highest possible quality in the public schools of the City of Northampton,

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

e.         To give effect to these declarations, the following principles and procedures are hereby adopted.

RECOGNITION

2.          For the purpose of negotiations with' respect to wages, hours, other conditions of employment, and any questions arising thereunder, the Committee recognizes the Association as the exclusive negotiating agent and representative of:

UNIT A:         All    teachers,    librarians,    guidance    counselors,    educational    coordinators, head teachers, Department Chairpersons, Supervisor of Athletics and Intramurals, Educational T.V. Coordinator, Registered Nurses, School Psychologist, Adjustment Counselors, (Social Worker), Coordinator of Out of District and Transitional Services, Speech Therapist, Elementary Science Specialist, Chapter I Coordinator, Early Childhood Coordinator, coaches and extracurricular personnel. Excluded are all other units in the Northampton School System.

COMPENSATION AND OTHER CONDITIONS OF EMPLOYMENT

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

DURATION

4.         This Agreement will be effective July 1, 1 2013 through June 30, 2016 and will continue to remain in Ml force and effect to and including June 30, 2016 and shall thereafter automatically renew itself for successive terms of one (1) year each unless by November 1, next prior to the expiration of the contract year involved, either party gives written notice that it desires to negotiate a new contract or amendment thereto. Upon receipt of such notice, the parties agree to meet for the purposes of negotiating a new or amended Agreement. In the event either party desires to negotiate a new contract or amendment and one has not been agreed upon by June 30, 2016, this contract may be extended by mutual agreement.

5.         Following the formal re-opening of negotiations for a successor agreement, if the . Committee and the Association shall have failed to reach agreement, either party shall have the right to petition the State Division, of Labor Relations to initiate mediation and fact finding proceedings in accordance with Section 9 of Chapter 150E of the General Laws of Massachusetts.

MANAGEMENT RIGHTS

Except as expressly provided otherwise by this Agreement, or by Chapter 736 of the Act of 1965 or any subsequent laws, the determination and administration of school policy, the operation of the schools and the direction of the teachers are vested, exclusively, in the School Committee or its statutory agents as defined in the Education Reform Act of 1993. The administration and execution of the provisions of this paragraph will be carried out by the Superintendent of Schools or his/her designees as the executive officer of the School Committee. The management of the school system, and the direction of the working force, including the right to plan, direct and control operations; to schedule and assign duties to employees; to determine the curriculum, textbooks, instructional supplies and schedules; to establish standards and to maintain the efficiency of employees; to establish and require employees to observe School Committee rules and regulations; to hire, lay-off or relieve employees from duties; to maintain order and to suspend, demote, discipline and discharge employees, subject to just cause for teachers with professional status; are the recognized, reserved rights of management. The foregoing enumeration of management rights shall not be deemed to exclude other rights of management, not specifically set forth; the employer, therefore, retaining all rights not specifically restricted by this Agreement. The exercise of any of the foregoing rights shall not alter any of the specific provisions of this Agreement, nor shall they be used to discriminate against any member of the Association or Bargaining Unit.

ARTICLE I

NEGOTIATING PROCEDURE

A.          1.       During negotiation, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. The Committee will make available to the Association for inspection all pertinent public records of the Northampton School system. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representative to assist in the negotiation.

B.         1.        If an agreement is reached, it will be presented to the Committee as a joint recommendation of the Superintendent and the Association if the matter is one upon which Committee action is necessary. If the Committee disagrees with such joint recommendation, it will not reject it without further negotiation with the Association in a good faith effort to resolve the disagreement.

2.         For the duration of this contract the Committee shall make no change in policy which affects wages, hours and other conditions of employment without negotiating such change with the Association.

3.         Any agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association, and will become an Addendum to this Agreement.

ARTICLE II

GRIEVANCE PROCEDURE

A.        Definition. Any claim by the Association or teacher that there has been a violation, misinterpretation or misapplication of the terms of this Agreement, a violation of its or his/her right to fair treatment, or violation of any established policy or practice shall be considered a grievance.

B.         Time Limits. All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays. The time limits indicated hereunder will be considered maximum unless extended by mutual agreement in writing. In the event a grievance is filed which cannot be resolved to the satisfaction of the Association or the aggrieved prior to the termination of this contract using the normal time limits set out herein, the Association may submit the grievance directly to arbitration in accordance with Level Four of this procedure.

C. Level One. A teacher with a grievance will present it to his/her principal either directly or through the Association within thirty (30) days. In the event that the teacher is not directly responsible to an individual principal, then he/she will present it to his/her immediate supervisor.

Level Two. If the grievance is not resolved to the satisfaction of the grievant or the Association within four (4) days after submission at Level One, the teacher or the Association may present the grievance in writing to the Superintendent within four (4) days.

Level Three. If the grievance is not resolved to the satisfaction of the grievant or the Association within five (5) days after submission at Level Two, the teacher or the Association may present the grievance in writing to the Committee within five (5) days.

Level Four. If the grievance is not resolved to the satisfaction of the Association within ten (10) days, or within three (3) days after the next regular meeting of the School Committee, whichever is later, the Association may submit the grievance to the American Arbitration Association for binding arbitration in accordance with their current rules within thirty (30) days. The decision of the arbitrator shall be final and binding on both parties.

Should the nature of the grievance necessitate a decision which cannot be delayed, the ten (10) day provision shall apply.

D.        Expedited Grievance Resolution Process:

After a grievance has been appealed to Level Two, or, if the parties have agreed to initiate a grievance at Level Two, either the Superintendent or President of the Association may request that a Joint Labor Management Committee be convened. The Committee will consist of at least two (2) individuals appointed by the Association, and at least two (2) individuals appointed by the Superintendent. The parties agree that representatives at appropriate levels of the school department will be appointed to the committee. Experts, resource people and others may also, at the request of either party, be asked to participate, and to provide information, but are not members of the Committee.

The Joint Labor Management Committee will discuss the grievance, will research and share relevant information, and will develop appropriate resolutions acceptable to the parties. All decisions will be made by consensus.

Any discussions between the parties pursuant to the work of the Joint Labor Management Committee will be considered confidential and will not be admissible at any subsequent level of the grievance procedure.

If a grievance that has been referred to the Joint Labor Management Committee remains unresolved after fifteen (15) days following submittal to the Superintendent, the parties agree that they will either, a) agree to extend the timelines, or b) the Association will, within four (4) days, resubmit the grievance to the Superintendent at Level Two. Thereafter, the timelines established at Level Three of the grievance procedure will be followed.

E.        General Provisions

1.         The Association and the Committee shall have the right to use in its presentation of any level of this grievance procedure any representative or representatives of its own choosing.

2.         The costs of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Committee and the Association.

3.         An employee under this contract may present a grievance to his employer and have such grievance heard without intervention by the exclusive representative of the employee organization representing said employee, provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the employer and the exclusive representative.

4.         Provided the parties agree, Level One and or Level Two of the Grievance Procedure may be bypassed and the grievance brought directly to Level Three.

5.         No reprisals of any kind will be taken by the Committee or the School Administration against any teacher because of his/her participation in this Grievance Procedure.

6.         The Committee and the School Administration will cooperate with the Association in its investigation of any grievance to the extent permitted by state law, and further will furnish the Association with such information from the personnel file of the aggrieved teacher as is necessary for the processing of any grievance. The Association will likewise cooperate with the Committee and the Administration.

7.         All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.

8.         If, in the judgment of the Association, a grievance affects a class or group of teachers, the Association may submit such a grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two. However, in these cases, the time limit shall be extended by fifteen (15) days.

9.         All decisions rendered at Levels One, Two and Three of the Grievance Procedure will be in writing, setting forth the decision and the reasons therefore and will be transmitted promptly to the grievant and/or the Association.

When it is necessary, pursuant to Level Four of the Grievance Procedure for an aggrieved member(s) (or his/her representative) to attend a hearing held during a school day by the American Arbitration Association and/or State Division of Labor Relations he/she/they will be released, without loss of pay, as necessary in order to permit participation in the foregoing activity.

ARTICLE III

EMPLOYMENT AND ASSIGNMENT OF UNIT A PERSONNEL

All teachers, supervisors, counselors and special teachers shall qualify for a position in the Northampton Public Schools under the General Laws of the Commonwealth of Massachusetts and such other regulations set forth by the Committee.

A.         Character and Attitudes. All Unit A personnel, while in the service of the Committee, shall affirm and accept their responsibility to practice their profession according to the highest ethical standard. They shall recognize the supreme importance of the pursuit of truth, the encouragement of scholarship, and the promotion of democratic citizenship. . They shall regard as essential to these goals the protection of freedom to learn and to teach, and the guarantee of equal educational opportunity for all.

B.         Non-Discrimination. In accordance with applicable federal and state laws, the Committee and the Association agree not to discriminate against any employees covered by this Agreement on the basis of age, gender, race, religion, color, creed, physical handicap, residence, marital status, sexual orientation, or national origin. The Committee further agrees that it will not discriminate against any employee for Association membership of Association activity or for adhering to any lawful provision of this Agreement.

C.         Applications for Employment. Candidates for all positions in Unit A shall apply for a position on the basis of professional and legal qualifications. All letters of application shall be directed to the Superintendent.

D.        Experienced Teachers. Experienced teachers entering the Northampton Public School System will be allowed full credit for previous teaching experience up to five (5) years, and that teaching experience beyond the five years may be credited at the discretion of the Superintendent.

E.         Certification. The Superintendent and/or Principal will hire personnel in accordance with the applicable provision of Chapter 71, Section 38G.

F.         Notification of Employment. All personnel shall be notified in writing within a reasonable period of time of their hire, said notification stating the length of time engaged and the salary.

G. Period of Acceptance. Each candidate is given ten (10) days after receipt of notice (Sunday not counted) of employment to file acceptance in writing. If such acceptance is not received at the end of ten (10) days, it shall be considered a declination on the part of the person.

H. Continuing Appointments. All teachers shall be subject to the laws regarding continuing appointments and professional teacher status as defined in Chapter 71, Section 41 of the General Laws.

I.         Evaluation of Teachers. The purpose of the evaluation and assessment of each teacher is (1) to provide information for the continuous improvement of the teacher's performance through the exchange of information between the person being evaluated and the evaluator; and (2) to provide a record of facts and assessments for personnel decisions. . The ultimate goal of teacher evaluation is the enhancement of professionalism and accountability so that students may be able to perform at high levels as students and, ultimately, as citizens.

All teachers employed by the Northampton Public Schools will be subject to evaluation. See Appendix A-5.

J.         Right to Review Contents of Personnel File.  Members of the bargaining unit will have the right, upon request to the Superintendent in writing, to review the contents of their personnel files provided a twenty-four hour notice is given. A member of Unit A will be entitled to have a member of the Association accompany him/her during such a review.

No material originating after original hiring which is derogatory to an employee's conduct, service, character, or personality will be placed in his/her personnel file unless the teacher has had the opportunity to review the material. The employee will also have the right to submit a written answer to such material and his/her answer will be reviewed by the Superintendent and attached to the file copy.

A single personnel file will be kept in the Human Resources Office and will be kept up to date. No other official personnel file shall exist for any employee.

If an employee of the bargaining unit is to be disciplined or reprimanded by a member of the Administration, he/she will be entitled to have a member of the Association present.

K.       Vacancies and New Positions/Voluntary Transfers.

1.        For purposes of this Article, a vacancy in a position is created by the death, resignation, retirement, promotion, transfer of a teacher, or the non-renewal of the contract of a teacher without professional teacher status when such non-renewal is not caused by budgetary limitations, declining enrollment and/or program changes.

2.         When a vacancy occurs, and the Superintendent and/or the Principal determine that the vacancy should be filled, or when the School Committee creates a new position, the following procedure shall be employed:

a.         Notice of such vacancies and new positions will be posted in each school, said notice to include a description of the available position and its location. Public advertisement of the position may occur at the same time as the posting.

b.         Teachers desiring a transfer will submit a written request to the Superintendent within ten (10) days of the date of the posting, stating the assignment preferred.  All requests will be acknowledged in writing.

c.         In addition, a teacher may file a written general request for a transfer with the Superintendent, stating the assignment preferred, even when a position has not been posted. Such request must be renewed each school year and will be acknowledged in writing. Such a request will be considered by the Superintendent when filling any posted position pursuant to Section 2(a) above.

d.         If a vacancy or new position is posted during the school year, and the position is to be filled during the school year, the Superintendent may transfer a current teacher into that position during the school year, or may fill the position with an outside candidate for the duration of the school year. At the end of the school year, any vacancy or new position filled by an outside candidate for the duration of the school year will be deemed to be a vacancy as of April 15 for the following school year. Teachers who submitted requests pursuant to Section 2 (b) and (c) above shall be considered for transfer into that position.

3.         Summer Positions

a.          Teachers may apply for transfer to a vacancy that may occur, or a new position that may be created, from July 1 to the first workday of that school year. Teachers who wish to be informed of any such new positions or vacancies shall notify, in writing, the Superintendent of their interest no later than the last day of school. Such notification shall include their summer address.

b.         A teacher transferred to a Summer Position or Vacancy on the basis of a written request submitted under paragraph (b) above will be given notice of the transfer by registered mail at the address of the teacher on file in the Superintendent's office promptly after the transfer is authorized, and the teacher is obligated to accept the Summer Position or Vacancy. Notice is deemed to be given when mailed.

L.        Vacancies in Supervisory Positions in Unit A.

1.         Effective the date of the signing of this Agreement, candidates for all supervisory positions in the Northampton Public Schools must possess a Master's Degree or equivalent.

2.          Candidates for supervisory positions shall apply to the Superintendent of Schools. Formal written application shall then be made on forms appropriate to the position sought. The Superintendent will acknowledge the receipt of all applications for supervisory positions in writing within one week.

3.          All personnel in promotional positions within Unit A shall be appointed by the Superintendent or Principal.

4.         In the event that there are several equally qualified individuals for a position in the judgment of the Superintendent or Principal, preference will be given to teachers currently employed by the School District.

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

1.         When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Northampton School System will be considered in determining which teacher is to be transferred. Teachers being involuntarily transferred will be transferred only to a comparable position, when available. Any involuntary transfer will be made only after proper notification.

N.        Teacher Assignments.

1.         When a Principal contemplates a change of assignment within a building, he/she will so inform the staff, and in particular, will discuss the proposed change(s) with affected staff no later than May 1 of the year preceding the school year in which the change is to be made.

In proposing reassignments, a Principal shall consider, to the extent possible, voluntary request(s) of reassignment by teachers.

Changes in assignment will, to the extent possible, be made on a voluntary basis.

If the teacher disagrees with the Principal's proposed reassignment, the affected teacher(s) may request the involvement of the Superintendent of Schools and a representative of the Northampton Association of School Employees.

2.          If a Principal believes an involuntary reassignment is still necessary, then in making such reassignment the Principal will consider a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Northampton School System in determining which teacher is to be transferred. Teachers being involuntarily reassigned will be transferred only to a comparable assignment, when available.

3.          A teacher who has been involuntarily reassigned will receive at least thirty (30) calendar days' notice prior to the effective date of the change.

O.        Suspension.

1.          Teachers may be suspended in accordance with the provisions of Chapter 71, Section 42D of the General Laws.

2.          Complaint Against a Teacher. Any complaint against a teacher requires that the teacher must be informed of all details as promptly as possible in order to defend himself/herself. The above information shall be furnished by the appropriate supervisor.

Any reprimand of a teacher by a supervisor or other administrator will be made in private and never in the presence of pupils, parents, citizens, other employees or at public gatherings.

P.        Homeroom Assignments.

1.          Whenever possible, floating teachers will not be assigned a homeroom.

2.          Traveling teachers will not be assigned a homeroom and every effort will be made not to have them assigned to study halls.

Q.        Class Size.

1.          a.          Whenever possible the School District will have classes of twenty-five (25) pupils per teacher. This pupil-teacher ratio will not apply to study hall assignments, homeroom assignments, physical education classes, band, extracurricular assignments.

b.         Reserved.

2.          Reserved.

a.           Reserved.

b.          Reserved.

c.

3.        Whenever  possible,   secondary   principals   will   not   assign  more   than   one hundred (100) students to English Teachers in four (4) classes at the high school and five (5) classes at the middle school.

R.        Discharge of Teacher.  Discharge of teachers shall be in accordance with the provisions of Chapter 71, Section 42 of the General Laws of the Commonwealth.

S.        Just Cause Provision.  No teacher with professional teacher status shall be disciplined, reduced in rank or compensation or deprived of fair treatment without just cause.

ARTICLE IV

DUTIES AND RESPONSIBILITIES OF UNIT A PERSONNEL

Each member of Unit A should exercise his or her employment in a manner consistent with the highest ideals of professional service.

All personnel shall familiarize themselves with this Contract and perform all duties according to this Contract. A copy of Appendix "A" will be distributed annually to all teachers by the Northampton Association of School Employees.

A.        All elementary teachers are under the general supervision of the Superintendent of Schools and directly responsible to their respective principals.

1.         All high school and middle school teachers are under the general supervision of the Superintendent of Schools and directly responsible to their respective principal, vice principals, and department chairperson.

2.         All nurses are under the general supervision of the Superintendent of Schools and directly responsible to the Director of Health.

B.         School Year and Hours of Duty

1.        Teachers will instruct students for not more than one hundred eighty days scheduled between September 1 and June 30. Up to one non-instructional day may be scheduled for teachers the last business day before September 1. In years when Labor Day falls on September 4th or earlier, an additional professional day, as described in subsection 5, may be rescheduled before September 1st. In addition, up to five (5) days may be scheduled as emergency days. These days will be removed from the calendar if not used. The parties agree and acknowledge that if it becomes impossible to hold one hundred eighty instructional days for students prior to June 30, due to excessive snow days or other emergency circumstances beyond the control of the School Committee, the School Committee may schedule student instructional days during previously scheduled non-school or vacation days.   In that event, the Association will be notified of the Committee's intentions not later than March 20 of any school year, and will be consulted by the Committee prior to the finalization of any revised calendar.

a.         Reserved for fixture use.

b.         Reserved for future use.

c.         Effective July 1, 2006, the teacher work year will be one hundred eighty five (185) days, scheduled between the last business day before September 1 and June 30, including the orientation day(s), two professional development days, and two teacher professional days, one of which will be scheduled, along with the orientation day, before the start of school for students, as defined in #5(a) below.

d.         Nurses who perform authorized summer work as assigned to update and organize health records will continue to be paid at their applicable per diem rate.

1.        In recognition of the requirements of the Education Reform Act of 1993, teacher reporting and dismissal times shall be as follows:

a.         Teachers at Northampton High School will report ten (10 minutes prior to the students and will be required to remain five (5) minutes after students are dismissed.

b.         Teachers at the Middle School will be required to report fifteen (15) minutes prior to the students and to remain ten (10) minutes after students are dismissed.

c.         Teachers at the elementary schools will be required to report ten (10) minutes before the students and to remain five (5) minutes after students are dismissed.

In addition, elementary teachers will report to school ten (10) minutes prior to the initial reporting time of the students (as opposed to the time of the first bell for students). Said time to be included in the elementary day as defined in 3 a.

1.         a.          The elementary student day will be six (6) hours and ten (10) minutes.

 b.        Elementary teachers will have a fifteen (15) minute duty free recess.

4.         The high school and middle school student days are six (6) hours and thirty (30) minutes respectively.

5.         Professional   development   days   will   include,   but   not   be   limited   to,   in-service training, curriculum related activities including review and assessment, and professional development, as determined by the Department Chairpersons, the ' District Council, the Professional Development Committee, the Superintendent or his/her designee responsible Curriculum, Instruction and Equity.

a.          Professional teacher days will include curriculum-related activities within grade level(s) in buildings or across the system, or within departments. One day, to be scheduled after the start of the student year, will provide opportunity for curriculum and student assessment such as by individual school, department, grade level, district wide, primary, upper elementary, middle and/or secondary. A second day, to be scheduled before the start of the student year, will be at the building level and will focus on curriculum preparation, review, and implementation, the scheduling and coordination of services for students with specialists, the review of student cumulative record files and individualized education plans,' and other such activities that facilitate the opening of school. Both days will be coordinated and scheduled by the building principals.

b.          A teacher who presents a workshop to Unit A personnel on a designated professional development day shall be paid for preparation time with respect to such workshop at the rate of twenty-five dollars ($25.00) per hour, not to exceed one hundred fifty dollars ($150.00) per workshop. The workshop rate effective September 1, 2008 shall be twenty-eight dollars ($28.00) per hour, not to exceed one hundred fifty dollars ($150.00) per workshop.

6.          Effective July 1, 2001, the day before Thanksgiving will be a half-day for teachers. The last day of school for students will be a half-day for students, and teachers will remain on that day in order to complete necessary professional responsibilities. Good Friday will be a full day for teachers.

7.          Authorized curriculum work will be posted to allow interested teachers to apply. Curriculum work is defined as any project which yields a curriculum, or a part of a curriculum, to be used by other teachers in the school district. Teachers will be compensated at the rate of twenty-five dollars ($25.00) per hour for such authorized curriculum development work performed outside the regular teacher workday/work year.

C.        Absences.

Whenever possible, a teacher shall give notice of his/her absence as follows so that a substitute may be provided:

An elementary teacher shall notify the Elementary Substitute Teacher Coordinator, and a secondary teacher shall notify the Secondary Substitute Teacher Coordinator, up to 7:30 p.m. (Sunday through Thursday) on the day before the absence or between 6:00 a.m. and 7:00 a.m. (but not later than 7:00 a.m.) on the day of the absence,

D.        Leaving the Premises. Teachers may leave the school premises during an unassigned period after notifying the Principal's Office. The amount of time out of the building should not exceed the length of teachers' unassigned periods. Teachers having first or last period unassigned are responsible for the required fifteen minute period before and after school.

E.         Emergency School Closing. Whenever a school is closed during a term because of inclement weather or for any other reason, the teachers shall do any other work that may reasonably be expected of them under the direction of the Superintendent.

F.         Student Records. Student records shall be kept and revealed in accordance with the provisions of Chapter 71, Section 34D, E, and F, of the General Laws of Massachusetts.

G.        Detaining Pupils. For the purpose of study or discipline, teachers may require pupils to remain after the afternoon session up to the length of one (1) class period, if necessary. Any student entitled to free bus transportation shall be given one (1) day's notice to enable the pupil to arrange for other transportation.

H. Inventory. Teachers will make every reasonable effort to preserve and care for textbooks, apparatus, and other school property furnished for the use of their pupils. When requested by the Superintendent, Department Chairperson, Curriculum Coordinator, or Principal, they shall report the number of each kind of books on hand, the number unfit for use, the number needed for the ensuing year and also the amount and kind of supplies required.

In case of mutilation, defacement, or loss of a school book by a pupil, disciplinary action will be taken by the teacher. Any persistent neglect to return books which have been loaned to students shall be promptly reported to the principal.

I.         Suspension of Students.   Any teacher may recommend to the Principal the suspension of a pupil for flagrant misconduct. The Principal may take the necessary steps to carry out the suspension.

J.         School Property.   Teachers shall be held responsible for the order and neatness of their respective rooms. When an injury is done to school property, they shall give prompt notice to the Principal of the building. This does not imply that teachers will perform custodial duty.

K. Teacher Meetings. It shall be the duty of the teacher to attend all meetings called by the Superintendent, Principal or Department Chairperson. Teachers will be given adequate notice of such meetings and meetings will be limited to two (2) per month, except for one month wherein the Principal may schedule three (3) per month, and except for emergency or other very important reasons as determined by the Administrator responsible.   Said meetings will not be restricted in subject matter to be covered at the meeting.

Teachers will not be required to attend meetings scheduled before school hours, unless an emergency situation requires such a meeting, or by agreement of all concerned.

L.        Preparation Period.

1.          a.         Middle School and elementary teachers in the departmental structure will, in addition to their duty-free lunch period, have one preparation period per day during which they will not be assigned to other duties. If a teacher, due to the organizational structure has other unassigned periods, the Principal may call on this teacher to perform professional duties. If substitute teaching is involved then the provisions of Article IX, Section D will apply.

b. Elementary teachers will have a daily preparation period four (4) days a week for a minimum length of thirty (30) minutes. Effective July 1, 2009, the School District will provide a fifth elementary preparation period, which will not be mandated to be on the fifth day of the elementary school week, but may be, because of scheduling, provided on one of the existing four preparation days. The School District will make an effort to prepare the elementary schedule to permit the fifth preparation period, if possible, to be on the fifth school day.

2.          a.         Effective with the 1996-1997 school year, a long-block schedule will be implemented at Northampton High School, consisting of four (4) long blocks each full school day. Full-time teachers shall not be assigned more than three (3) teaching blocks each full school day. In addition, full-time teachers shall have one (1) preparation period each full school day; the preparation period shall be of the same duration as a teaching block.

b.          Teachers shall not be assigned any supervisory duties at the high school.

c.          When teachers at the high school are called upon to cover classes after the senior class terminates it academic year, teachers will be called according to the following formula:

i.          Teachers who had senior classes will be called first.

ii.         Teachers who have more than one (1) preparation period will be called next.

3.          Reserved for future use.

4.          At the middle school, duties will be assigned on an equitable basis among all staff.

M. Number of Preparations. Middle School and elementary teachers in the departmental structure will not be required to teach more than two major subjects. Middle School teachers will not have more than a total of three (3) teaching preparations at any one time.

Exceptions to the provisions of the first above paragraph may be made only if the Superintendent of Schools (or his/her designee) determines that it is necessary to do so in the best interests of the educational process. (A disagreement over whether an exception is justified will be subject to the Grievance procedure and will be initiated at Level One thereof.)

At the High School, full-time teachers will not be required to teach more than two (2) major subjects, nor have more than a total of two (2) teaching preparations at any one time. This provision shall not preclude a full-time teacher from agreeing to teach more than two (2) major subjects and/or more than two (2) preparations at any one time.

N. Lunch Period. Teachers shall have a duty-free lunch period of the same length as the student lunch period in their school.

O. Unassigned Periods for Elementary Teachers. Elementary teachers will not be required to remain in their classrooms while special teachers are presenting a lesson.

P. Unit A Personnel, will be remunerated at the following rates for each TEAM meeting which extends beyond the contractual work day:

Effective July 1, 2005            $20 per TEAM meeting

No special education TEAM meetings will be held prior to the time teachers are required to report in the mornings.

Q. All agenda before subcommittee meetings of the Committee and all minutes following these meetings, as well as agenda and minutes for meetings of the full School Committee, will be posted on the official Northampton Public Schools Website.

R.        Parent-Teacher Conferences Elementary Schools.

1.          One week of early release day conferences will be scheduled in the fall, after consultation with the principals and faculty, concurrent with the time of report card distribution and when the Superintendent deems it would be most educationally sound. (5 days)

2.         Conferences will include three afternoon conferences (1 pm - 3pm) and two evening conferences (6 pm - 8 pm).

3.         Conferences will be scheduled for 20 minutes each.

4.         Teachers will use the eight remaining parent contact hours provided in the current contract for a variety of parent/teacher contacts during the school year. (Examples of contact: notes, letters, newsletters, updating websites, phone calls, informal meetings, child study meetings). (Examples of not included contacts: team meetings, Open House, and similar practices already addressed in the contract).

5.         The number of hours that teacher use to contact parents is not restricted to the parent/teacher conferences and the eight contact hours, but will be up to the teachers' professional judgment.

ARTICLE V

NON-TEACHING DUTIES

A.         Special Assignments.     In addition to teaching and supervision, each teacher is subject to assignments of reasonable added professional responsibilities by the principal.

B.           Extracurricular Activities.

1.         Teachers will be responsible for extracurricular activities on a voluntary basis.

2.         Any activity occurring after regular school hours shall be considered an extracurricular activity with the exception of professional responsibilities.

3.         Payment for all coaching and extracurricular activities will be made immediately following the completion of the coaching or extracurricular assignment.

4.         The Supervisor of Athletics and Intramurals will be paid in ten (10) monthly installments.

C.         Teachers will not be required to drive pupils to activities which take place away from the school building.

D.        Coaching/Extra Curricular.

1.         Coaching appointments will be made for one (1) to three (3) year periods, subject to M.G.L. c. 71, s. 47A, after which each appointment will be considered automatically reopened for application and a notice of vacancies will be posted. Such notification will be posted within ten days after the season ends and applications will be received no later than four (4) weeks after the initial posting.

2.         Assignments to extracurricular activities will be made for one (1) to three (3) year periods after which each assignment will be considered automatically reopened for application and a notice of vacancies will be posted. Such notification will be posted within ten days after the activity ends and applications will be received no later than four (4) weeks after the initial posting.

E.         Years of experience in the position in the system will determine step placement, one step for each year.

F.         Committee Assignments.

1.         First consideration will be granted to teachers who volunteer to serve on committees.. Teachers will have the right to refuse committee service.

2.         Persons who are interested in and/or affected by the subject of a committee study will be able to volunteer for said committee membership.

ARTICLE VI

Reserved (See Article XX)

ARTICLE VII

LEAVES OF ABSENCE WITH PAY

A.        Sick Leave

1.        a.         Full time teachers who begin work in a school year on the first day of such school year shall commence such school year with a sick leave credit of twelve and one-half (12.5) days (a day consisting of 7 hours).

b.          Teachers who begin work in a school year after the first day of such school year, including without limitation a teacher who is an employee on the first day of such school year, will receive an initial credit of 1-1/4 days (8.75) for each full month remaining in the school year. Teachers who cease employment at any time during a school year or who take an unpaid leave of absence of more than ten (10) days or a leave of absence described in Article VIII B will have their initial sick leave credit for such school year reduced by 1-1/4 days (8.75 hours) for each month or portion thereof that they are off the payroll, plus the number of such initial sick leave days they have used during such school year.

c.         For purposes of determining the length of an unpaid leave of absence, days granted pursuant to any such leave of absence that immediately follow the days granted pursuant to a prior unpaid leave of absence for the same purpose shall constitute a single leave of absence.

d.         For purposes of determining the number of sick leave days provided under this subsection for a school year that are used in such school year, sick leave days provided under this subsection for such school year shall not be considered to be used until sick leave days accumulated in previous school years have been exhausted, e.        Unused sick leave days will accumulate without limit.

2.         Absence from work due to illness of the employee will be charged against that employee's accumulated sick time.

3.         The employee may use his or her accumulated sick time for illness of a member of the employee's immediate family as defined in Section B and other relatives of the employee who reside in the house hold of the employee to care for the ill person.

This shall not be construed to mean a continuing absence but rather an emergency type of situation for a period of up to one week. A variation of the one week limit may be granted on the recommendation of the Superintendent.

4.         Sick Leave Bank

a.          There shall be a Sick Leave Bank Committee. The Committee shall consist consisting of the Vice-Chairperson of the Northampton School Committee, the Superintendent of Schools, and the President of the Northampton Association of School Employees. In addition to the President, the Committee shall include a non-voting representative from each of the bargaining units that make up the Association The unit representative will participate only in the meetings that review the request from his/her unit. The Sick Leave Bank Committee will administer the provisions of the Sick Leave Bank.

b.         The Sick Leave Bank will depend upon voluntary contributions from employees covered by this Agreement.

c.         Bargaining unit members may become a member of the Sick Leave Bank by donating two (2) days within ninety (90) working days of the date that she/he first reported for work, provided that she/he has accrued days available for this purpose. If he/she has not accrued days, he/she shall be assessed the days as soon as they are accrued. To join, the member will notify the Human Resources Department, using the approved form.

d.         After the initial donation, each year one (1) day will be added to the Sick Leave Bank by each member of the Sick Leave Bank. Any member of the Sick Leave Bank may withdraw from the Bank for a school year by giving written notice, using the approved form, to the Human Resources Department by November 1 of the school year during which she/he no longer desires membership.

e.         The number of days in the Sick Leave Bank cannot exceed four (4) times the number of employees in the bargaining units. If the sick leave days in the Bank exceed three-fourths (3/4) of the maximum number of days at the end of any school year, the members of the Bank will not be required to make the annual one (1) day donation at the start of the school year. If the number of sick leave days in the Bank are depleted to one-half (1/2) or less of the maximum number of days, one (1) additional day for the Bank may be assessed each member.

f.          If an employee who has not become a member of the Sick Leave Bank decides to join in a year subsequent to the year in which she/he could first have become a member, the member will notify the Human Resources Department by November 1, using the approved form. His/her initial donation to the Bank must equal the total number of days that she/he would have donated through the years had she/he joined when first eligible. If he/she has not accrued days, he/she shall be assessed the days as soon as they are accrued.

g.         No member of the Sick Leave Bank will be denied continuation of membership in the Bank if a long-term illness has caused exhaustion of his/her individual sick leave benefits, thus preventing annual required donations to the Bank.

h.        A   member   of the   Sick   Leave   Bank   who   has   exhausted   his/her individual sick leave benefits may apply for benefits from the Sick Leave Bank. Such benefits are intended to augment an employee's sick leave benefit in cases involving catastrophic or long-term illness or accident not covered by Workers' Compensation. In assessing any application, the Sick Leave Bank Committee may request such medical documentation as it deems appropriate and shall, in addition, consider the following criteria:

i.         Demonstrated need of the applicant

ii.        Prior sick leave usage

iii.       Relative needs of other applicants

iv.        Supply of days in the Bank.

i.         The Sick Leave Bank Committee's decision on all applications and other matters within its jurisdiction shall be final and shall not be subject to the grievance/arbitration procedure contained in this Agreement. Any employee whose application is rejected or modified will, upon request, be granted a meeting with the Sick Leave Bank Committee.

j.         By June 15 and November 15 of each year, the Human Resources Department will inform the Sick Leave Bank Committee of the number of days accrued in the Sick Leave Bank.

5.         Any employee whose personal illness extends beyond the period compensated under the terms of this Section A will be granted a leave of absence up to one (1) year without pay for such time as is necessary for complete recovery from such illness.

6.         The Superintendent may request a doctor's certificate in the case of extended absences or unusual circumstances, whether or not Sections A 4 and A 5 of this Article VII are applicable.

The Superintendent and Principal are the granting authorities for FMLA leave.

B.         Bereavement Leave. In the event of a death of a member of the immediate family, or of any person residing in the household (including a relative of the second degree), teachers shall be entitled to five (5) bereavement days. Immediate family includes Husband, Wife, Domestic Partner, Father, Mother, Father-in-Law, Mother-in-Law, Child, Brother, Sister, Grandfather, Grandmother, Grandchild of the employee. In the case of a death of a relative of the second degree (other than a relative of the second degree residing in the household), the teacher shall be entitled without loss of pay to the day or part thereof necessary to attend the funeral. Relatives of the second degree include Uncles, Aunts, Nephews, Nieces, Cousins, and in-laws other than mentioned above. Bereavement Leave must be taken within five (5) days of the death of the relative or person residing in the household. This requirement may be waived by mutual agreement of the Superintendent of Schools and the President of the Association.

C.         Death Benefits. In the case of the death of a teacher, his/her estate shall receive the amount of money equal to the unused balance of his/her accrued sick leave, based on 1/200 of his/her current salary.

D.        Personal Days. Two (2) personal days are allowed each year. These days are not subtracted from the employee's accumulated sick leave. These days may not be taken on a day preceding or following a vacation. Unused personal days will accrue as additional sick leave days. Any unused personal days in any school year will be added to a teacher's sick leave days at the end of such school year or, in the case of a teacher who dies or retires during a school year, upon the death or retirement of such teacher. A teacher will give written notice of a personal day to the Superintendent (using the form set forth in Appendix A-4) at least five (5) working days before the personal day is to be taken, except in the case of an emergency, when notification may be made by telephone to be followed by written notice.

E.         Up to a total of three (3) days during any school year will be allowed for religious observance. These days shall be deducted from sick leave or personal leave. The teacher shall notify the Superintendent's office whether he/she wants these days deducted from personal leave or sick leave.

F.         Employees will not suffer loss of pay, sick, or personal days for subpoenaed court appearances.

G.        Jury Duty.

An employee in the bargaining unit who serves on jury duty will continue to receive his regular pay from the City, provided the employee's supervisor certifies on the payroll that the employee is absent for jury duty. When payment by the court for such jury duty is made, such payment, exclusive of travel or any other allowances, shall be refunded to the City by the employee in the following manner: the employee shall present to the Superintendent's Office either the check from the court endorsed over to the City of Northampton, or a certification from the court as to the amount paid together with employee's personal reimbursement to the City.

An employee on jury duty shall be considered as being employed Monday through Friday.

It will be the responsibility of an employee who has been informed that his/her service will not be required on the following day to notify the School Department in time to cancel the need for a substitute.

H. The Superintendent of Schools or the Superintendent's designee will be responsible for the administration of the foregoing provisions of this Article, consistent with the terms of this Agreement.1

ARTICLE VIII

SPECIAL LEAVES

All teachers returned from leaves of absences granted in this Article shall, upon request, be restored to the same or similar position they held at the time the leave was granted, provided such position is still in existence. All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave (determined as provided in Section VII A 1), will be restored to him/her upon his/her return. A teacher who has been granted any leave of absence for a period of one year must notify the Superintendent before March 31 of his/her intention to resume work the following September. The Superintendent shall notify the teacher by January 31 requesting a letter of intent by March 31. Failure to give such notification will be considered as the teacher's declination to return to work the ensuing year.

A. Maternity Leave. Employees will be eligible for Maternity Leave in accordance with the provisions of Mass. General Laws c. 151B, §4 and c. 149, §105D as interpreted and enforced pursuant to c. 151B §4(11A). Extension of Maternity Leave for medical reasons may be granted by the Superintendent of Schools.

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1 The Superintendent may place members of the Bargaining Unit with professional status on administrative leave with pay in connection with misconduct allegations.

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B.         FMLA Leave. The parties hereby agree to incorporate by reference the City of Northampton's policy on Family and Medical Leave, Appendix E, established pursuant to the Federal Family and Medical Leave Act, with the understanding that any benefit which may be established pursuant to this Agreement which is in addition to that available under the Family and Medical Leave Act (for example, short term family sick leave, leave for less than full time employees, extended leave) will not be limited by this policy.

C.         Small Necessities Leave. An employee eligible for FMLA leave shall be entitled to up to twenty-four (24) hours of leave per contract year as provided by G.L. c. 149, §52D; a copy of the law may be obtained from the Superintendent's office. When an eligible employee takes such leave, such leave shall be deducted from personal leave.

D.         Sabbatical Leave for Study or Travel. Teachers with professional teacher status who have served seven (7) years in the Northampton School System may, upon the recommendation of the Superintendent and with the budgetary approval of the School Committee, be granted leave of absence for study or travel upon the following conditions:

1.         No more than one (1) percent of the teaching staff shall be absent on sabbatical leave at one time.

2.         Request for sabbatical leave must be received by the Superintendent in writing in such form as may be required by the Superintendent not later than December 1 of the year preceding the school year in which the sabbatical leave is requested. If the Superintendent recommends the request, it will be forwarded to the School Committee for budgetary approval or disapproval.

3.         Teacher on sabbatical leave will be paid at three-fourths (3/4) of the annual salary rate, provided that such pay when added to any program grant shall not exceed the teacher's full annual rate.

4.          The teacher must file with the Committee a written agreement to remain in the service of the Committee for one (1) full year in the event of a half-year's leave or two (2) full years in the event of a full year's leave. If a teacher resigns, within the year or the two-year period following the sabbatical, that teacher will refund to the City the sum of money proportionate to the unfulfilled period of time agreed to above.

5.          Teachers granted sabbatical leave of absence are required to report twice each semester to the Superintendent of Schools. This report must indicate the extent of the study of school systems either at home or abroad in case of sabbatical leave for travel, or the nature of the courses taken at a university and the application of these to the work of the individual concerned in the case of sabbatical leave of absence for study. If such reports are unsatisfactory, the leave may be terminated by the Board at any time upon the recommendation of the Superintendent.

6.          In case the number of applications shall exceed one (1%) percent, selections shall be made in accordance with the following principles;

a.          Length of service, preference to be given to those longest in the service.

b.          Distribution by schools, care being taken that the number from any school should not be comparatively excessive.

c.          Nature of service, provisions being made that the benefits of such leave of absence shall be distributed as fairly as possible among all grades, high school and supervisory positions.

d.          the needs of the school system.

7.          Regular annual increments shall be given for time of leave, the same as for regular service in the school.

8.          A teacher may not be granted a second sabbatical leave of absence until seven (7) years after the date of return of the first leave.

E.          Temporary Leave of Absence.

Military   Leave Military   leave   will   be   granted   according   to   the   provisions   of Chapter 33, Section 59 of the General Laws of the Commonwealth of Massachusetts.

F.          Extended Leave of Absence.

1.         Leave of absence without pay or increment of up to one (1) year will be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Superintendent.

G.         Other leaves of absence without pay may be granted by the Superintendent.

H. Notwithstanding any foregoing provision of this Article, the Superintendent of Schools or the Superintendent's designee will be responsible for the administration of each of its provision, consistent with the terms of this Agreement.

ARTICLE IX

SUBSTITUTE AND PART-TIME TEACHERS

A.        A substitute teacher will be eligible, after ninety plus one consecutive days in the same assignment, to be part of the bargaining unit (this will apply to a substitute appointed to work ninety plus one consecutive days in the same assignment and a substitute who has actually worked ninety plus one consecutive days in the same assignment), and such substitute teachers will only be eligible for sick leave and one personal day per semester. Said substitute teacher will be placed by the Superintendent on the Teacher salary schedule and will not be eligible for any other benefits, except sick leave and personal leave.

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2 The Superintendent may place members of the Bargaining Unit with professional status on administrative leave with pay in connection with misconduct allegations.

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B.         Reserved.

C.         Reserved.

D.        Regular Teachers as Substitutes.

1.         At the high school, teachers will be allowed to voluntarily substitute for another teacher, with the approval of the Principal, at the rate of thirty dollars ($30) per period. The Principal will maintain a list of teachers who may volunteer to serve as substitutes. This will be the list the Principal refers to when the need arises.

2.         No teacher will be required to substitute for a coach or club advisor when said sport activity or club begins before the end of the regular school day. Teachers who volunteer to substitute will be paid twelve dollars and fifty cents ($12.50) for each period substituted, pro-rated for a half a period ($6.25).

3.         Elementary classroom teachers will not be required to substitute for specialist teachers.

4.         No teacher will be allowed to assume the role of principal in the absence of the principal.

E.         Part-Time Teachers.

1.        (a)       Part-time teachers may have a partial schedule every day, or a full schedule certain days  only;  part-time teachers  will be pro-rated  for purposes of salary, service credit, and benefits.

(b)        At the high school level one (1) teaching period shall constitute 33 1/3%, two (2) periods - 66 2/3%, three (3) periods constitute full-time. At the middle school, one teaching period shall constitute 20%, two periods - 40%, three periods - 60%, four periods - 80%, and five periods -100%.

(c)        The formula for elementary teachers will be based on a percentage of the total length of the school day to the nearest tenth (1/10) exclusive of duty free lunch.

2.         Every effort will be made to provide continuity for teachers having a part-time schedule.

3.   .     Part-time teachers who are required to attend curriculum days, workshop days, parent-teacher conferences or other meetings (except for special education team meetings covered under Article IVP of this Agreement) held after their professional duties end will be compensated at an hourly rate based on their regular salary for the actual time of the meeting.

4.         Part-time teachers will be scheduled so that their teaching responsibilities and any professional assignments are performed in a single continuous block of time insofar as possible.

F.        Current policy regarding substitute nurses will continue to be applicable.

ARTICLE X

DUTIES AND RESPONSIBILITIES OF DEPARTMENT CHAIRPERSONS

A.        There shall be department chairperson positions with the following responsibilities:

1.         Communicate regularly, as requested, with the appropriate building principal and/or the Superintendent or his/her designee responsible for Curriculum and Instruction.

2.         Complete orientation training by the Superintendent or his/her designee responsible for Curriculum and Instruction.

3.        Facilitate the already established curriculum development process and assigned department activities.

4.         Assist the principal in the budget process by coordinating resource and materials orders for the appropriate group or building.

5.         Facilitate department meetings.

6.         Advise principals on departmental course design and instructional needs.

B.         Department chairpersons will not have responsibility for teacher evaluation, nor will they be assigned any supervisory responsibilities. Chairpersons will have a full teaching load.

C.        Effective for the 2005-2006 academic year, the areas and grade levels of responsibility for department chairpersons are as follows:

Performing Arts

PK-8

Visual Art

PK-8

P/E Health

6-8

Guidance

6-8

Pupil Services

6-8

Math

6-8

Reading

6-8

Science

6-8

Social Studies

6-8

World Languages

6-8

English/Language

6-8

Exploratory Block

6-8

Math

9-12

Science

9-12

Social Studies

9-12

English

9-12

Pupil Services

9-12

Technology/Business

9-12

Guidance

9-12

World Language

9-12

PE/Health

9-12

Fine & Performing Arts

9-12

D.        The position shall receive an annual stipend, according to the following:

All department heads            FY2014          FY2015          FY2016          6/30/16

$2,148            $2,169            $2,202            $2,235

E.         1.        Chairpersons will have the opportunity to visit other schools and attend conventions and conferences, whenever possible, in order to keep abreast of new books, new trends and practices in their respective fields.

2.        Chairpersons   will   have   full   comprehensive   membership   in   the   national organization for their subject area paid for by the Committee.

F.         Reasonable notices of meetings will be given, and meetings will be limited to two (2) per month except for emergencies or other very important reasons as determined by the administrator responsible.

G.        Selection of Department Chairpersons:

1.          a.         The position of Department Chairperson will be advertised as a vacancy (in accordance with Article ID) every two (2) years.

b.        If a vacancy occurs before the end of the two (2) year period, the replacement appointment will be for the remainder of such two (2) year period.

2.          Prior to the posting of vacancies, the Superintendent of Schools will provide an opportunity for a written survey of all members of the department and representative elementary teachers, where applicable, jointly selected by the Superintendent and the President of the Association, to establish department recommendations for the positions of the Department Chairperson. These surveys will be reviewed by the Superintendent and the President of the Northampton Association of School Employees.

H.       EVALUATION OF DEPARTMENT CHAIRPERSONS

1.          Department Chairpersons will be evaluated annually by either the Superintendent or his/her designee or the building principal. The evaluator will be designated at the beginning of each school year.

2.         Purpose. Evaluation is the ongoing process of defining goals and identifying, gathering, and using information as a part of a process: (a) to provide information for improving performance, and (b) to provide a record of facts and assessments for personnel decisions. The evaluation shall be free of racial, gender, religions and other discriminations or biases as defined in state and federal laws, and shall be based on direct observation. Such observations will be conducted openly and with the knowledge of the Department Chairperson.

3.          The evaluator will use an evaluation instrument mutually agreed upon by the Committee and the Association.

4.          The evaluation report must provide specific recommendations for improving performance in those areas identified as in need of improvement.

5.          Each Department Chairperson will be given a copy of his/her evaluation report to sign or initial and a copy to retain and shall have the right to discuss such report with the evaluator.

6.         Department Chairpersons shall have the right to respond in writing to an evaluation report. Such response will be attached to the evaluation report.

7.         Any Department Chairperson may appeal an adverse evaluation report through the grievance procedure, but only on the grounds of bad faith or discrimination.

8.         Each Department Chairperson shall have an annual conference of evaluation with his/her evaluator.

ARTICLE XI

ASSOCIATION

A.        Use of Buildings. The Association will have the right to use school buildings without cost at reasonable times for meetings. The principal of the building in question will be notified in advance of the time of all such meetings. Request for such use must be made to and approved by the Superintendent of Schools.

B.         Availability of Educational Benefits. Northampton teachers, who are not residents of Northampton, will be allowed to send their children to the regular education program in the Northampton Public Schools on a space available basis at one-half the tuition charge. Such teachers may do so by agreeing in advance that their children may be transferred from class to class, or from school to school, should enrollment make this necessary.

Acceptance of a non-resident student will be subject to annual review and current policy.

ARTICLE XII

WORKERS' COMPENSATION

In the event an employee receives compensation under the Workers' Compensation Act, the Committee agrees to pay the employee, if he/she so agrees, the difference between the compensation he/she receives and the usual weekly salary, such difference to be charged against the employee's sick leave account to the extent of accumulated sick leave earned.

ARTICLE XIII

INSURANCE AND ANNUITY PLAN

A.        Group Life and Health Insurance. Any teacher is eligible for enrollment in any insurance plan whether life or health offered to the employees of the City of Northampton.

B.        Annuity Plan. Teachers will be eligible to participate in a "tax sheltered" annuity plan established pursuant to United States Public Law No. 87-370.

C.         Group Health Accident Insurance. In addition to the above fringe benefits, health-accident insurance is available to a regular teacher through the Northampton Association of School Employees.

D.        During the term of this contract, the Committee agrees to pay at least 50% of health and life insurance premiums for plans offered to employees of the City of Northampton, except that, the Committee agrees to pay and eighty percent (80%) of the premiums for hospital and medical coverage in the City of Northampton's group health maintenance organization plan.

The Committee agrees to raise the current life insurance and accidental death and dismemberment policy amount from $2000 to $5000 effective either July 1, 2001, or when all bargaining units have executed a collective bargaining agreement with the City and School Department, whichever is later.

E.         Dental Insurance: The Committee agrees to implement a voluntary Dental Plan.

F.         Flexible Spending Account: The Committee agrees to offer a voluntary Flexible Spending Account.

G.        The Committee agrees to provide for payroll deduction of individual premium payments for MTA disability insurance; with premium costs to be paid by the employee.

ARTICLE XIV

DUES DEDUCTION

A.        The Committee hereby accepts the provisions of Section 17A of Chapter 180 of the General Laws  of Massachusetts and,  in  accordance therewith,  shall  certify to the Treasurer  of Northampton  all payroll  deductions for the payment of dues to the . Association duly authorized by employees covered by this contract.

B.         The Committee hereby accepts amended provisions (amended by Chapter 785 of the Acts of 1969) of Section 178B of Chapter 149 of the General Laws of Massachusetts and in accordance with, shall certify to the Treasurer of Northampton all payroll deductions for making deposits in any credit union operated by members of a state association of teachers, provided that these deductions are for a contract year.

ARTICLE XV SALARY

A.         Salary Schedule                               See Appendix A – 1

Nurse's Salary Schedule                              See Appendix A - la & lb

B.         Extracurricular                                See Appendix A - 2

C.         Department Chairpersons and teachers assigned to more than one (1) school in any one (1) day will receive either twenty dollars ($20.00) per month reimbursement for all inter-school driving done by them or they may elect to be reimbursed at the mileage rate authorized by the City. Such election must be made at the start of the school year in September. For driving outside the City, reimbursement will also be at the rate authorized by the City.

D.         Super-Maximum — Professional Increments. Four (4) professional increments of one hundred ($100) dollars each are available for professional study, other courses, workshops, and/or its equivalent in travel.

1.         Hours of Study: One three (3) credit course or more of approved study with credit for any professional work done, actual attendance at the required number of classes is necessary.

2.         First Increment: The first increment must be earned through study.

3.          Second, Third, Fourth Increment: The second, third and fourth professional increment may be earned through study or its equivalent in travel.

4.         Travel: Only two (2) increments may be earned through travel. One increment may be earned for domestic travel only when the trip consists of at least five (5) consecutive weeks of travel and for foreign travel only when the trip covers at least four (4) weeks of travel in foreign countries.

5.         Time Limit on Courses: Only one (1) hundred ($100) dollar increment may be earned during any twelve-month (12) period except through full-time study.

6.         Time Limit on Increments: Once an increment is received for professional study, this increment remains as a part of the teacher's salary as long as he/she is employed in the Northampton Public School System.

After receiving the fourth super maximum increment the teacher, to continue to have the annual salary reflect this $400, shall take a three credit course or three in-service credits during each five year period. These three credits may also be earned by serving on curriculum committees, the In-Service Committee, Special Education Committees, or other recognized committees established in the school system and approved by the Superintendent. Three credits will be given for each year of service on such a committee.

During each five-year period, the School District agrees to offer or approve at least one in-service opportunity per year. Credit will be granted according to a formula of 15 classroom hours per in-service credit. The cost of any in-service course given under the auspices of the School District will be shared equally between the School District and the participant.

Teachers with a Masters +15 and those who qualify under Article XV Section F of the current contract are exempt from this requirement. The five-year period is to commence from the effective date of the 1981 contract.

7.        Professional Study:

a.          No teacher shall receive more than five (5) annual increments in salary unless he/she presents evidence of professional study in his/her field, or a related field, or a field which has a potential future relationship, or one which carries with it apparent self-improvement in either presentation or methodology, of work equal to six (6) college credits during each five (5) year period.

i.          If the ultimate course desired and approved requires a specific prerequisite, it shall be implied in the approval of said course that such prerequisite is automatically approved and that the credits given for these prerequisites shall count toward the total of the aforementioned six (6) college credits.

b.          As an alternative to obtaining six (6) college credits, as outlined in Paragraph A above, a teacher may participate in, and receive credit for, workshops, conferences or mini-courses presented by professional associations or certified profession development providers. In order to have such credit count toward receiving the annual increment, the following procedures shall apply:

i.         Prior   approval   of the   Superintendent  or  his/her   designee  is required;

ii.         Fifteen  (15)  clock  hours  of participation  is  such  workshops, conferences and/or mini-courses shall be the equivalent of one (1) college credit;

iii.       Only workshops, conferences and/or mini-courses presented by established professional associations or certified professional development providers will be considered; and

iv.       The workshops, conference, and/or mini courses must be similar in quality and rigor as a college course.

v.         Unless said teacher has obtained a terminal degree, such as a Ph.D. or M.F.A., a teacher is not advised to rely solely on participation in such workshops, conferences and/or mini-courses for meeting this requirement. However, each application will be judged on its own merits.

c.          i.        "Standard Request for Approval Form" (Appendix A-4) shall be submitted as soon as possible, and preferably at least twenty (20) days prior to the starting date of the course(s), workshop(s), conference(s) and/or mini-course(s). The form should be submitted in duplicate and will be acted upon and returned within ten (10) days receipt of the form in the Superintendent's Office.

8.          Advance Study Salary Adjustments; Notice to Superintendent:

a.          Changes in salaries due to advanced study will be made twice a year, each September and/or February, only as a result of teacher claims substantiated by college records.

b.          To be eligible for such advance study salary adjustments, teachers must submit a statement to the Superintendent of Schools, in writing, of their intention to request advancement on the Salary Schedule to a specific salary lane under this provision by February 1 of the year preceding the September or February that advancement would occur.

9.          Withholding Increments: Any teacher whose work is judged unsatisfactory by the Superintendent of Schools and combined evaluation of the Department Chairperson, and the Principal in charge of his/her work shall have his/her salary increases withheld even though he/she may be a teacher with professional teacher status. This is, provided that the teacher has been given written notice of the reasons in advance of the awarding of contracts and provided that the teacher, when on professional teacher status, if he/she so desired, had been granted a hearing before the Superintendent.

10-Approval: All courses, degrees, and travel must be approved in advance by the Superintendent of Schools. A teacher may advance laterally and vertically on the salary scale (whenever possible) and also receive a super-maximum increment, if applicable.

E. Retirement Credit. A teacher meeting the following requirements shall be entitled to receive the sum of up to $5,500 based on unused sick leave accumulated in the Northampton School System as follows:

80-99 unused sick days paid @ $30 per day

100 unused sick days paid @ $55 per day

1.          The teacher must be retiring with fifteen (15) or more years of service with the Northampton School Department.

2.          The teacher must have at least eighty (80) days of unused accumulated sick days.

3.         The teacher must advise the Superintendent of his/her intention to retire by January 15 immediately preceding the end of the school year he/she plans on retiring. This requirement may be waived by the Superintendent. If it is not, an appeal may be made to the School committee.

F.         Method of Payment.

1.          Teachers will receive their salary in 26 equal installments every other Thursday, beginning with the second Thursday of the school year.

2.         Teachers may collect their salary for the summer months by notifying the School District in writing prior to the beginning of the school year. Payment for the remainder of their salary shall be made on or before the final payday in June or over the summer months of July and August as may be elected by the teacher.

3.         New staff members hired prior to February 1 will be advanced on the salary scale as those who entered in September. Those hired on or after February 1 will be advanced on the salary scale one year from the following September.

G.        In-Service Courses. In-service courses are considered a part of the professional growth of the staff. In-service courses approved by the Superintendent will represent a minimum of fifteen (15) class hours.

H. Payment for Teaching of In-Service Courses. A teacher who teaches an in-service course described in Section G of this Article will be compensated at the rate of fifty one dollars and fifty cent ($51.50) per hour for each hour of such teaching, up to a maximum of seven hundred seventy two dollars and fifty cents ($772.50) per course. Effective September 1, 2008, the hourly rate of such teaching will be adjusted from fifty one dollars and fifty cent ($51.50) to fifty five dollars ($55.00), up to a maximum of seven hundred seventy two dollars and fifty cents ($772.50) per course.

I.         Reserved for future use.

J.         Guidance Personnel

1.         Reserved for future use.

2.         Designated Middle School and High School guidance personnel shall work up to a total of ten (10) extra days in addition to the regular teacher work year. Such personnel shall be paid a per diem rate for each day worked and such pay shall be incorporated in to a July 1 to June 30 schedule for pay purposes. This is in addition to the stipend listed in Appendix A.

3. Elementary guidance personnel shall work the regular teacher work year and shall receive the stipend listed in Appendix A in addition to their regular teacher salary.

K. Teachers who have achieved National Board Certification will receive an annual stipend of one thousand dollars ($1,000).

L. Direct Deposit of Paychecks: Effective July 1, 2010, all employees shall be required to have their paychecks directly deposited to a banking institution of their choosing.

ARTICLE XVI

REDUCTION IN FORCE

A.         Natural attrition and/or retirements shall be taken into account prior to invoking the provisions of this Article.

B.         When necessary to invoke the provisions of this Article due to a reduction in the number of teachers employed, changed in enrollment or distribution of students, or administrative reorganization, affected teachers will be notified, in writing sixty (60) calendar days prior to the time such a change will take effect

1.         In the event of such reduction, teachers will be laid off in the reverse order of seniority.

C.         Any teacher whose position is eliminated shall:

1.          Be transferred into a vacant or newly created position for which he/she is qualified, certified or certifiable, such transfer to be given priority over those teachers who have requested a transfer pursuant to Article III, Section K.

If this is not possible, then:

2.          Replace an employee with lower seniority and where, within the School System, there is a position for which the employee whose position is eliminated is qualified, certified or certifiable.

3.          The teacher must be certified by the State Department of Education, either in writing or verbally, the latter being requested by the Superintendent or his designee.

___________________________________________________________________________________

3 Stipend does not apply to any elementary guidance personnel hired after the execution of the 2004-2007 Agreement.

___________________________________________________________________________________

D.         Seniority is measured in terms of a teacher's length of service in years, months and days from the initial date of appointment. Seniority of part-time teachers shall be pro-rated in implementing Section C, above.

E.         Cases of identical seniority in the same subject area shall be resolved by granting preference to the teacher with the highest level of formal educational training as recognized on the salary schedule then in effect. If these are identical then preference will be given to the teacher with the most years of teaching experience.

F.         Teachers who have been laid off shall be entitled to recall rights for a period of twelve (12) months from the date the layoff is to take effect.

1.         During the recall period, teachers shall be notified by registered mail, return receipt requested, addressed to their last address of record, and given preference for positions for which they are qualified, certified or certifiable in the inverse order of their respective layoff.

2.         Teachers so notified shall have ten (10) calendar days (20 during the summer months) from the date the Committee places on the registered mail receipt to respond, in writing, to claim the position.

3.         The Committee shall not be held responsible for the failure of the postal service to deliver letters of notification or for failure of the postal service to deliver letters of reply within specified time limits.

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

H. During the recall period teachers who have been laid off shall be given preference on the substitute list. Their employment will be at the established substitute pay rate.

I.         Teachers on layoff may continue their group life and health insurance coverage during the recall period by reimbursing the School System for the total premium costs. Failure to forward premium payments to the City in accord with a mutually agreed upon schedule or the refusal to return to employment upon recall will terminate this option.

J.         The Superintendent will provide a seniority list of teachers at the time Section B, above, is invoked (in writing) to the Association.   Challenges to this list must be presented (in writing) to the Superintendent within ten (10) school days from receipt of said list. Yearly update of seniority list will be provided the Association by October 31 of each school year.

K. When layoff action occurs, the Association shall be notified, in writing, of all teachers to be laid off.

L.       The Association shall be notified of any recall action taken by the Superintendent if there are people on layoff.

M. Unit B Administrators-will have replacement rights in Unit A based upon the total amount of Unit A Seniority accrued as of the latest date of appointment to a position in Unit B.

ARTICLE XVII

SAVINGS CLAUSE

In the event that any provision of this Agreement is or shall be found to be contrary to law by a court of competent jurisdiction, then such clause shall be void and unenforceable, but all other provisions of this Agreement shall continue in full force and effect. If any provision is found contrary to law, then, upon the request of either party, the parties shall enter into negotiations for the purpose of arriving at a mutually satisfactory replacement for such provision.

ARTICLE XVIII

HEALTH AND SAFETY

A.        The School Committee recognizes its responsibility to provide a safe and healthful workplace, free from hazards or conditions which cause, or which are likely to cause accident, injury or illness to the teaching staff.

B.         To this end, the School Committee agrees that it will take appropriate action to inform the Association and all affected teachers of hazards or conditions which cause or which are likely to cause accident, injury or illness, and that it will make a good faith effort to correct such hazards or conditions.

C.         The parties further agree that no member of the bargaining unit will be subject to restraint, interference, coercion, discrimination or reprisal for filing a report or for attempting to ameliorate an unsafe or unhealthy working condition.

ARTICLE XIX

PHYSICAL AND VERBAL ASSAULT

Principals and teachers shall be required, to report any assault on a teacher related to the performance of the teacher's duties to the Superintendent of Schools. The principal may at his/her discretion also report any case of assault on a teacher occurring on school property to the appropriate police department for investigation. The assault will also be promptly investigated by the principal and if necessary by the Superintendent, or his or her designee. At the conclusion of the investigation, the teacher will be promptly informed of the results of the investigation and of any action to be taken against an individual involved in an assault on a teacher.

Nothing in this agreement shall prevent a teacher from himself or herself reporting a case of assault to the police or to the courts.

ARTICLE XX

PROFESSIONAL DEVELOPMENT

THE PARTIES TO THIS AGREEMENT AGREE that continued growth and development of professional staff members is a top district priority and is necessary to conform to the letter and spirit of the Massachusetts Education Reform Act of 1993. To that end the following provisions will be implemented:

1.         Conferences. Each professional staff member will be eligible for paid leave for two (2) non-district professional development days per school year, in order to permit attendance at professional conferences, workshops, seminars, visiting days*, or other professional improvement sessions related to their individual professional development plans and to district and school goals. Attendance will require prior approval of the Principal and Superintendent. Requests shall be submitted to the Principal and Superintendent thirty (30) days prior to the event the staff member is to attend, and all requests are subject to availability of funds.

*Teachers may obtain permission from the Superintendent for visiting schools in Northampton or schools in other districts.  The Principal and Superintendent must be consulted at least two (2) days before the proposed visit.

a.         Professional staff members will be reimbursed for reasonable expenses (including registration fees, lodging when necessary and transportation) incurred by them for attendance at these professional development programs, subject to the availability of funds.

b.         Professional development activities as described above shall be on a voluntary basis; provided, however, that attendance at other professional development activities may be required of professional staff members at the discretion of the Principal and Superintendent.

2.         Tuition Reimbursement. The Committee will provide in its budget $25,000 for tuition reimbursement for unit members desiring to take courses as part of an individual program of staff development.

The courses must have prior approval of the Superintendent or his/her designee in accordance with the following guidelines:

A.        Tuition reimbursement for courses taken in satisfaction of requirements for a program leading to an advanced degree from an accredited College or University or certificate of advanced study will be approved by the Superintendent provided that they are consistent with a pre-approved plan of study on file in the Superintendent's Office.

B.         Requests for prior approval of courses must be submitted by September 15 for the fall semester, January 1 for the spring semester, and June 1 for the summer session.

C.        Tuition reimbursement for other pre-approved courses will be authorized by the Superintendent or his/her designee if they are directly related to individual, school, or district professional improvement plans.

D.        Tuition will be reimbursed to a maximum of 50% of the University of Massachusetts tuition rate and fee schedule at the time of the request. Such reimbursement will be limited to actual tuition and fees. Payments will be made upon receipt of official transcripts from the college or university and proof of expenditures.

E.         Requests for tuition reimbursement will be approved on a first come first serve basis to a maximum total expenditure of $25,000.

No staff member will be eligible for reimbursement of tuition for more than two courses per year.

3.        Joint Professional Development Committee. There shall be a Joint Committee on Professional Development, composed of two co-chairpersons (a teacher designated by the Association, and the Superintendent or his/her designee), one (1) teacher from each elementary building, two (2) teachers from the middle school, two (2) teachers from the high school, one (1) elementary administrator, the Early Childhood Coordinator, the Director of Pupil Service or his/her designee, one (1) middle school administrator, and one (1) high school administrator.

In addition, the one (1) teacher from each elementary school, two (2) from the middle school and two (2) from the high school shall serve as members on the School Based Professional Development Committees, in their respective buildings, to collaborate with the Principal in an -advisory role on building based professional development activities, and to assist in the development of the building Professional Development Plans.

A. The members of the Committee shall serve for a term of (2) years, but may be re elected or re-appointed at the conclusion of their term.

B.         The duties and responsibilities of the Committee shall include the following:

1.         Recommending   professional   development   goals   for   the   district   based   on Massachusetts law and the Curriculum Frameworks;

2.         Planning and implementing professional development opportunities;

3.         Assisting in the development of the District's professional development plan;

4.         Participating in reviewing the professional development portion of the District's school improvement plan; and

5.         Reviewing  and  recommending  the  allocation  of designated  grants  at  the request of the Superintendent or his/her designee.

C.         At the discretion of the Superintendent, requests for approval of courses, workshops, conferences, and/or mini-courses may be referred to the committee for its recommendation as to approval or disapproval. The final decision, however, rests with the Superintendent.

D.         Teachers participating in the district-wide Joint Committee on Professional Development shall receive either three hundred fifty dollars ($350) or the equivalent of one (1) college credit.* In addition, teachers will be eligible for professional development points (PDPs) as approved by the Superintendent or his/her designee.

*No stipend or credit is available for members of the on-site Professional Development Committee(s).

ARTICLE XXI

REGISTERED NURSES

A.        The following provisions of the Agreement will not apply to Registered Nurses:

1.         Article III (D), (H), (I), (L), (P), (Q), (S)

2.         Article IV (G), (L), (M), (O), (R)

3.         Article V

4.         Article VI

5.         Article VIII (B)

6.          Article X

7.          Article XV (B), (D), (F), (H)

8.          Article XVI

9.          Article XX

B.        The following provisions of this Agreement will apply ONLY to Registered Nurses:

1.          Evaluation: Nurses will continue to be evaluated by the Director of Health, in conformity with current practice.

2.          Just Cause: Registered nurses will be subject to a probationary period of three (3) years from the latest date of hire by the Northampton Public Schools.

A registered nurse who has been employed for more than three (3) years will not be disciplined, discharged or demoted except for just cause.

Notwithstanding the above, a registered nurse that has completed more than six (6) months of employment in the Northampton School District as of July 1, 2005, shall be deemed to have fulfilled the three (3) year requirement.

3.          Professional Development: It is agreed that nurses should attend professional seminars from time to time in order to maintain awareness of current techniques in nursing and promote professional growth. The governing principle will be the value to be derived from attending such sessions to both the nurse and the school system.

Nurses who attend such seminars will be reimbursed for the reasonable expenses (fees, meals, lodging, transportation, etc.) incurred by them. Requests for attending workshops, seminars, conferences or other professional improvement sessions shall be initialed by the Director of Health Education and Health Services for prior approval by the Superintendent.

4.          Retirement: A nurse meeting the following requirements shall be entitled to receive the sum of fifty-five dollars ($55.00) per day for one hundred (100) days of unused sick leave accumulated in the Northampton School System.

A.         The nurse must be retiring with fifteen (15) or more years of service with the Northampton School Department.

B.          The   nurse   must  have   at   least   one   hundred   (100)   days   of unused accumulated sick days.

C.         The nurse must advise the Superintendent of his/her intention to retire by January 15 immediately preceding the end of the school year he/she plans on retiring. This requirement may be waived by the Superintendent. If it is not, an appeal may be made to the School Committee.

D.         The maximum benefit to be paid is five thousand five hundred dollars ($5,500).

5.        Reduction in Force/Seniority

A.         Seniority will be lost by: a) Resignation; b) Discharge of Just Cause; c) Accepting employment while on leave of absence without express permission of the Committee; d) Failure to return from an approved leave.

B.         Layoff and Recall. The parties agree to the following provisions:

(1)        Should a reduction in force occur, registered nurses who are not licensed as School Nurses by the Department of Education will be laid off first, in reverse order of seniority. Should further reduction be required, registered nurses who are licensed by the Department of Education as School Nurses will be laid off next, in reverse order of seniority.

(2)        "Seniority" shall be the length of a nurse's continuous service measured from the nurse's most recent appointment date; provided a nurse's seniority may be reduced for periods of unpaid leave, unless otherwise prohibited by law. Seniority for the part-time nurses will be prorated according to the percentage of his/her employment to full-time employment.

(3)        If two or more employees have the same seniority, the nurse who has the shorter term of continuous employment with the School District shall be laid off. If there are two or more nurses with the same seniority and the same term of continuous employment with the School District, a part-time nurse shall be laid off before a full-time nurse. If there are still two or more nurses, which nurse shall be laid off will be determined by a lottery, conducted by the Superintendent of Schools.

(4)        Nurses who have been laid off from employment are responsible for keeping the School District advised of their current address for the purpose of potential recall from layoff.

(5)        Registered nurses will be eligible for recall for a period of twelve (12) months from the effective date of layoff. Registered nurses who are licensed by the Department of Education as School Nurses will be recalled first, in inverse order of layoff; registered nurses who are not licensed by the Department of Education as School Nurses will be recalled next in inverse order of layoff.

(6)        Any nurse who is recalled from layoff under these terms shall retain his/her seniority, less the period of the layoff.

(7)        The School District will notify a nurse of a recall opportunity by certified letter (or other verifiable method of delivery) to the nurse's last known address. A nurse who has been offered an opportunity to be recalled from layoff must advise the School District of his/her intention to accept recall within twenty (20) days.

(8)        The determination of the necessity of layoffs, the number of nurses to be laid off and the filling of vacancies, are essential elements of management and, as such, are nongrievable and are not subject to the grievance or arbitration process. Similarly, the recall from layoff of nurses is an essential element of management and, as well, is nongrievable and is not subject to the grievance or arbitration process.

(9)        These procedures shall apply only to nurses that have completed their contractual probationary period. Nurses without such status shall not have any layoff or recall rights.

6.          Reserved for future use

7.          Malpractice Insurance: The Committee agrees to reimburse each nurse the premium amount for the basic policy as recommended by the National Nurses' Association, but not to exceed $100 per year.

8.          Salary Schedule Placement

a.          A school nurse who has earned a Bachelor's degree from an accredited College or University and is certified as a school nurse under the MA DESE will be placed on the salary schedule and given full credit for their previous work as a school nurse up to five (5) years. Nursing experience beyond the five (5) years may be credited at the sole discretion of the Superintendent

b.          Reserved for future use.

c.           Certified registered nurses placed on Appendix A-la may work up to ten (10) days in addition to the teacher work year, the scheduling of said days to be approved by the Health Director and building principal. A certified registered nurse that does work additional days will paid his/her per diem rate for all additional days worked.

9.          FMLA Leave. The parties hereby agree to incorporate by reference for the Nurses the City of Northampton's policy on Family and Medical Leave, Appendix E, established pursuant to the Federal Family and Medical Leave Act, with the understanding that any benefit which may be established pursuant to this Agreement which is in addition to that available under the Family and Medical Leave Act (for example, short term family sick leave, leave for less than full time employees, extended leave) will not be limited by this policy.

10.       Small Necessities Leave. A nurse eligible for FMLA leave shall be entitled to up to twenty-four (24) hours of leave per contract year as provided by G. L. c. 149, §52D; a copy of the law may be obtained from the Superintendent's office. When an eligible nurse takes such leave, such leave shall be deducted from personal leave.

11.       Nurses Method of Payment

a.         Nurses will receive their salary in 26 equal installments every other Thursday, beginning with the second Thursday of the school year.

b.         Nurses may collect their salary for the summer months by notifying the School District in writing prior to the beginning of the school year. Payment for the remainder of their salary shall be made on or before the final payday in June or over the summer months of My and August as may be elected by the nurse.

c.         New nurses hired prior to February 1 will be advanced on the salary scale as those who entered in September. Those hired on or after February 1 will be  advanced  on the  salary  scale  one  year  from the  following September.

12.       Payment for In-Service Courses.

a.         A nurse who teaches an in-service course (i.e., in-service courses which are considered part of the professional development of the staff, which are approved by the Superintendent, and which will represent a minimum of fifteen (15) class hours) will be compensated at the rate of fifty one dollars and fifty cents ($51.50) per hour for each hour of such teaching, up to a maximum of seven hundred seventy two dollars and fifty cents ($772.50) per course.

b.         Effective September 1, 2008, the hourly rate shall be increased from fifty one dollars and fifty cents ($51.50) to fifty-five dollars ($55.00) per hour for each hour of such teaching, up to a maximum of seven hundred seventy two dollars and fifty cents ($772.50) per course.

13.       Payment for Workshops.

a.         A   nurse   who   presents   a   workshop   to   Unit   A   personnel   on   a designated professional development day shall be paid for preparation time with respect to such workshop at the rate of twenty-five dollars ($25.00) per hour, not to exceed one hundred fifty dollars ($150.00) per workshop.

b. Effective September 1, 2008, the hourly rate shall be increased from twenty-five dollars ($25.00) to twenty-eight dollars ($28.00) per hour, not to exceed one hundred fifty dollars ($150.00) per workshop.

ARTICLE XXII

AGENCY SERVICE FEE

The Committee and their agents, in accordance with the provisions of M.G.L. Chapter 150E, Section 12 shall require as a condition of employment for each teacher who is not a member of the Northampton Association of School Employees MTA/NEA, the payment of an agency service fee, said payment to be effective on or after the 30th day following the effective date of this Agreement or on or after the 30th day of initial employment, whichever is later.

The amount of the service fee shall be equal to the cost of collective bargaining and contract administration as certified by the Northampton Association of School Employees MTA/NEA. Teachers may have access to payroll deductions for the purpose of paying the agency service fee. The NTA/MTA/NEA shall be responsible for notifying the Business Office of the amount to be deducted prior to the issuance of the first paycheck. No demand for payment of the agency service fee will be made until the Association has completed an audit.

In the event that an employee fails or refuses to pay the agency service fee, the Association shall take appropriate legal action to collect the fee. Any judgment against such an employee by a forum of competent jurisdiction as a result of such action shall include payment of the Association's costs and reasonable attorneys' fees.

The Association shall indemnify the Committee and its agents against any and all claims, demands, suits, damages, legal fees, or any other form of liability that may arise by reason of the Committee's compliance with the Agency Service Fee provisions of this Agreement, upon the following conditions: (1) the Committee has complied fully and properly with these obligations under the Agency Service Fee provisions of this Agreement; (2) the Association retains the right to select or assign counsel of its choice in defending Committee in such matters provided that such counsel consults with and/or keeps the Committee's regular counsel informed of litigation proceedings; (3) the Committee cooperates with counsel selected or assigned by the Association; and (4) the Association retains full control over the conduct of the case. Failure to meet any of the foregoing conditions will relieve the Association of its obligation under this indemnification clause. Any dispute over the. Committee's compliance with these conditions is subject to arbitration under the provisions of Article II.

THIS AGREEMENT has been duly executed by the authorized representatives of the Northampton School Committee and the Northampton Association of School Employees:

SCHOOL COMMITTEE OF NORTHAMPTON

By____________________________

Mayor David Narkewicz, Chairperson

NORTHAMPTON ASSOCIATION OF

SCHOOL EMPLOYEES / MTA

By_______________________________

Sharon Carlson, President

Signed the __________ day of _____________________, 2013 City of Northampton, Massachusetts

APPENDIX A

SALARY SCHEDULE

TEACHERS

SCHOOL YEAR 2012 – 2013

1% Increase Effective 8/31/2013

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA**

MA

MA + 30

CAGS

DOC

Step

 

 

 

 

 

2

38,270

41,336

42,612

45,034

47,822

3

39,988

43,192

44,526

47,058

49,920

4

41,786

45,134

46,526

49,172

52,107

5

43,664

47,161

48,617

51,381

54,392

6

45,627

49,280

50,801

53,690

56,777

7

47,675

51,496

53,085

56,102

59,265

8

49,819

53,808

55,470

58,624

61,864

9

52,056

56,227

57,962

61,258

64,576

10

54,395

58,753

60,565

64,010

67,406

11

56,839

61,394

63,288

66,887

70,361

15**

57,397

61,951

63,845

67,444

70,918

20**

57,954

62,509

64,402

68,002

71,476

**Teachers on the BA lane as of September 1, 2005 only, shall be eligible for the BA lane 15 and 20 year steps.

STIPENDS:

GUIDANCE***

396

HEAD TEACHER

1,823

SPED

862

TEAM LEADER

2,413

DEPT. CHAIR

2,137

***Stipend does not apply to any elementary guidance personnel hired after the execution of the 2004-2007 Agreement. The two elementary guidance counselors hired prior to the execution of the 2004-2007 Agreement shall be red circled at $351.

TEACHERS

SCHOOL YEAR 2013 – 2014

.5% Increase Effective 7/1/2013

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA**

MA.

MA + 30

CAGS

DOC

Step

 

 

 

 

 

2

38,461

41,543

42,825

45,259

48,061

3

40,188

43,408

44,749  

47,293

50,170

4

41,995

45,360

46,759

49,418

52,368

5

43,882

47,397

48,860

51,638

54,664

6

45,855

49,526

51,055

53,958

57,061

7

47,913

51,753

53,350

56,383

59,561

8

50,068

54,077

55,747

58,917

62,173

9

52,316

56,508

58,252

61,564

64,899

10

54,667

59,047

60,868

64,330

67,743

11

57,123

61,701

63,604

67,221

70,713

15**

57,684

62,261

64,164

67,781

71,273

20**

58,244

62,822

64,724

68,342

71,833

**Teachers on the BA lane as of September 1, 2005 only, shall be eligible for the BA lane 15 and 20 year steps.

STIPENDS

GUIDANCE***

398

HEAD TEACHER

1,832

SPED

866

TEAM LEADER

2,425

DEPT CHAIR

2,148

***Stipend does not apply to any elementary guidance personnel hired after the execution of the 2004-2007 Agreement. The two elementary guidance counselors hired prior to the execution of the 2004-2007 Agreement shall be red circled at $351.

TEACHERS

SCHOOL YEAR 2014 – 2015

1.0025% Blended Rate Increase Effective 7/1/2014

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA**

MA

MA + 30

CAGS

DOC

Step

 

 

 

 

 

2

38,847

41,959

43,254

45,713

48,543

3'

40,591

43,843

45,197

47,767

50,673

4

42,416

45,814

47,227

49,913

52,893

5

44,322

47,872

49,350

52,156

55,212

6

46,315

50,023

51,567

54,499

57,633

7

48,394

52,272

53,885

56,948

60,158

8

50,570

54,619

56,306

59,508

62,797

9

52,841

57,075

58,836

62,181

65,549

10

55,215

59,639

61,478

64,975

68,422

11

57,696

62,320

64,242

67,895

71,422

15**

58,262

62,885

64,807

68,461

71,987

20**

58,828

63,451

65,373

69,027

72,554

**Teachers on the BA lane as of September 1, 2005 only, shall be eligible for the BA lane 15 and 20 year steps.

STIPENDS:

GUIDANCE***

402

HEAD TEACHER

1,850

SPED

875

TEAM LEADER

2,449

DEPT. CHAIR

2,169

***Stipend does not apply to any elementary guidance personnel hired after the execution of the 2004-2007 Agreement. The two elementary guidance counselors hired prior to the execution of the 2004-2007 Agreement shall be red circled at S351.

TEACHERS

SCHOOL YEAR 2015 – 2016

1.5050% Blended Rate Increase Effective 7/1/2015

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA**

MA

MA + 30

CAGS

DOC

Step

 

 

 

 

 

2

39,432

42,591

43,905

46,401

49,273

3

41,202

44,503

45,877

48,486

51,435

4

43,054

46,504

47,938

50,664

53,689

5

44,989

48,592,

50,093

52,941

56,043

6

47,012

50,776

52,343

55,320

58,500

7

49,122

53,059

54,696

57,805

61,064

8

51,331

55,441

57,154

60,403

63,742

9

53,636

57,934

59,721

63,117

66,536

10

56,046

60,536

62,403

65,953

69,452     .

11

58,564

63,257

65,209

68,917

72,497

15**

59,139

63,831

' 65,783

69,491

73,071

20**

59,713

64,406

66,357

70,066

73,645

**Teachers on the BA lane as of September 1, 2005 only, shall be eligible for the BA lane 15 and 20 year steps.

STIPENDS:

GUIDANCE***

408

HEAD TEACHER

1,878

SPED

888

TEAM LEADER

2,486

DEPT. CHAIR

2,202

***Stipend does not apply to any elementary guidance personnel hired after the execution of the 2004-2007 Agreement. The two elementary guidance counselors hired prior to the execution of the 2004-2007 Agreement shall be red circled at $351.

TEACHERS

SCHOOL YEAR 2015 – 2016

1.5025% Blended Rate Increase Effective 6/30/2016

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA**

MA

MA + 30

CAGS

DOC

Step

 

 

 

 

 

2

40,024

43,231

44,565

47,098.

50,014

3

41,821

45,172

46,567

49,215

52,208

4

43,701

47,203

48,658

51,426

54,495

5

45,665

49,323

50,845

53,736

56,885

6

47,718 

51,539

53,129

56,151

59,379

7

49,860

53,856

55,518

58,673

61,981

8

52,102

56,274

58,012

61,311

64,699

9

54,442

58,804

60,619

64,066

67,536

10

56,888

61,446

63,341

66,944

70,495

11

59,444

64,208

66,189

69,953

73,586

15**

60,028

64,790

66,771

70,535

74,168

20**

60,610

65,374

67,354

71,119

74,752

**Teachers on the BA lane as of September 1, 2005 only, shall be eligible for the BA lane 15 and 20 year steps.

STIPENDS:

GUIDANCE***

414

HEAD TEACHER

1,907

SPED

902

TEAM LEADER

2,524

DEPT. CHAIR

2,235

***Stipend does not apply to any elementary guidance personnel hired after the execution of the 2004-2007 Agreement. The two elementary guidance counselors hired prior to the execution of the 2004-2007 Agreement shall be red circled at $351.

APPENDIX A-la

SALARY SCHEDULE

CERTIFIED NURSES

SCHOOL YEAR 2012 - 2013

1% Increase

Effective 8/31/2013

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA

MA*

MA + 30

CAGS

DOC

Step 2

38,270

41,336

42,612

45,034

47,822

3

39,988

43,192

44,526

47,058

49,920

4

41,786

45,134

46,526

49,172

52,107

5

43,664

47,161

48,617

51,381

54,392

6

45,627

49,280

50,801

53,690

56,777

7

47,675

51,496

53,085

56,102

59,265

8

49,819

53,808

55,470

58,624

61,864

9

52,056

56,227

57,962

61,258

64,576

10

54,395

58,753

60,565

64,010

67,406

11

56,839

61,394

63,288

66,887

70,361

15**

57,397

61,951

63,845

67,444

70,918

20**

57,954

62,509

64,402

68,002

71,476

* To be eligible, nurses must earn the masters' degree in a relevant nursing discipline.

CERTIFIED NURSES

SCHOOL YEAR 2013 – 2014

.5% Increase Effective 7/1/2013

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA

MA*

MA + 30*

CAGS*

DOC*

Step

 

 

 

 

 

2

38,461

41,543

42,825

45,259

48,061

3..

40,188

43,408

44,749

47,293

50,170

4

41,995

45,360

46,759

49,418

52,368

5

43,882

47,397

48,860

51,638

54,664

6

45,855

49,526

51,055

53,958

57,061

7

47,913

51,753

53,350

56,383

59,561

8

50,068

54,077

55,747

58,917

62,173

9

52,316

56,508

58,252

61,564

64,899

10

54,667

59,047

60,868

64,330

67,743

11

57,123

61,701

63,604

67,221

70,713

15**

57,684

62,261

64,164

67,781

71,273

20**

58,244

62,822

64,724

68,342

71,833

* To be eligible, nurses must earn the masters' degree in a relevant nursing discipline.

CERTIFIED NURSES

SCHOOL YEAR 2014 – 2015

1.0025% Blended Rate Increase Effective 7/1/2014

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA

MA*

MA + 30*

CAGS*

DOC*

Step

 

 

 

 

 

2

38,847

41,959

43,254

45,713

48,543

3

40,591

43,843

45,197

47,767

50,673

4

42,416

45,814

47,227

49,913

52,893

5

44,322

47,872

49,350

52,156

55,212

6

46,315

50,023

51,567

54,499

57,633

7

48,394

52,272

53,885

56,948

60,158

8

50,570

54,619

56,306

59,508

62,797

9

52,841

57,075

58,836

62,181

65,549

10

55,215

59,639

61,478

64,975

68,422

11

57,696

62,320

64,242

67,895

71,422

15**

58,262

62,885

64,807

68,461

71,987

20**

58,828

63,451

65,373

69,027

72,554

* To be eligible, nurses must earn the masters' degree in a relevant nursing discipline.

CERTIFIED NURSES

SCHOOL YEAR 2015 – 2016

1.5050% Blended Rate Increase Effective 7/1/2015

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA

MA*

MA + 30*

CAGS*

DOC*

Step 2

39,432

42,591

43,905

46,401

49,273

3

41,202

44,503

45,877

48,486

51,435

4

43,054

46,504

47,938

50,664

53,689

5

44,989

48,592

50,093

52,941

56,043

6

47,012

50,776

52,343

55,320

58,500

7

49,122

53,059

54,696

57,805

61,064

8

51,331

55,441

57,154

60,403

63,742

9

53,636

57,934

59,721

63,117

66,536

10

56,046

60,536

62,403

65,953

69,452

11

58,564

63,257

65,209

68,917

72,497

15**

59,139

63,831

65,783

69,491

73,071

20**

59,713

64,406

66,357

70,066

73,645

* To be eligible, nurses must earn the masters' degree in a relevant nursing discipline.

CERTIFIED NURSES

SCHOOL YEAR 2015 – 2016

1.5025% Blended Rate Increase Effective 6/30/2016

Column

1

2

3

4

5

 

 

 

 

MA + 60

 

 

BA

MA*

MA + 30*

CAGS*

DOC*

Step

 

 

 

 

 

2

40,024

43,231

44,565

47,098

50,014

3

41,821

45,172

46,567

49,215

52,208

4

43,701

47,203

48,658

51,426

54,495

5

45,665

49,323

50,845

53,736

56,885

6

47,718

51,539

53,129

56,151

59,379

7

'    49,860

53,856

55,518

58,673

61,981

8

52,102

56,274

58,012

61,311

64,699

9

54,442

58,804

60,619

64,066

67,536

10

56,888

61,446

63,341

66,944

70,495

11

59,444

64,208

66,189

69,953

73,586

15**

60,028

64,790

66,771

70,535

74,168

20**

60,610

65,374

67,354

71,119

74,752

* To be eligible, nurses must earn the masters' degree in a relevant nursing discipline.

APPENDIX A-lb

SALARY SCHEDULE

REGISTERED NURSES

SCHOOL YEAR 2012 - 2013

1% Increase

Effective 8/31/2013

2

27,568

3

28,648

4

29,719

5

30,806

6

31,880

7

32,957

8

34,034

9

34,882

10

36,076

11

37,056

SCHOOL YEAR 2013 - 2014

.5% Increase

Effective 7/1/2013

2

27,706

3

28,791

4

29,868

5

30,960

6

32,039

7

33,122

8

34,204

9

35,056

10

36,256

11

37,241

SCHOOL YEAR 2014 - 2015

1.0025% Blended Rate Increase

Effective 7/1/2014

2

27,984

3

29,080

4

30,167

5

31,270

6

32,361

7

33,454

8

34,547

9

35,408

10

36,620

11

37,615

SCHOOL YEAR 2015 - 2016

1.5050% Blended Rate Increase

Effective 7/1/2015

2

28,405

3

29,518

4

30,621

5

31,741

6

32,848

7 '

33,957

8

35,067

9

35,941

10

37,171

11

38,181

SCHOOL YEAR 2015 - 2016

1.5025% Blended Rate Increase

Effective 6/30/2016

2

28,832

3

29,961

4

31,081

5

32,218

6

33,341

7

34,468

8

35,594

9

36,481

10

37,729

11

38,754

APPENDIX A-2

A.      ATHLETICS

 

8/31/2013

7/1/2013

7/1/2014

7/1/2015

6/30/2016

Supervisor of Athletics and Intramurals

6,085

6,115

6,177

6,270

6,364

BOYS SPORTS - HEAD COACHES

 

 

 

 

 

Head Coach Baseball - Boys

3,798

3,817

3,855

3,913

3,972

Head Coach Crew - Boys

-

-

-

-

-

Head Coach Cross Country - Boys

2,357

2,369

2,393

2,429

2,465

Head Coach Basketball - Boys

4,283

4,304

4,348

4,413

4,479

Head Coach Lacrosse - Boys

3,619

3,637

3,674

3,729

3,785

Head Coach Soccer - Boys

3,709

3,728

3,765

3,822

3,879

Head Coach Swimming - Boys

3,280

3,296

3,329

3,380

3,430

Head Coach Tennis - Boys

2,468

2,480

2,505

2,543

2,581

Head Coach Track - Boys

3,315

3,332

3,365

3,416

3,467

Head Coach Football - Boys

5,543

5,571

5,627

5,711

5,797

Head Coach Wrestling - Boys

3,280

3,296

3,329

3,380

3,430

BOYS SPORTS - ASSISTANT COACHES

Assistant Coach Baseball -Boys

2,468

2,480

2,505

2,543

2,581

Assistant Coach Basketball - Boys

2,803

2,817

2,845

2,888

2,931

Assistant Coach Soccer - Boys

2,423

2,435

2,460

2,497

2,534

Assistant Coach Track - Boys

2,262

2,273

2,296

2,331

2,366

Assistant Coaches Football - Boys (3)

3,538

3,556

3,591

3,645

3,700

Assistant Coach Lacrosse - Boys

2,423

2,435

2,460

2,497

2,534

Assistant Coach Wrestling - Boys

2,262

2,273

2,296

2,331

2,366

GIRLS SPORTS - HEAD COACHES

Head Coach Field Hockey - Girls

3,709

3,728

3,765

3,822

3,879

Head Coach Basketball - Girls

4,283

4,304

4,348

4,413

4,479

Head Coach Lacrosse - Girls

3,619

3,637

3,674

3,729

3,785

Head Coach Soccer - Girls

3,709

3,728

3,765

3,822

3,879

Head Coach Swimming - Girls

3,280

3,296

3,329

3,380

3,430

Head Coach Tennis - Girls

2,468

2,480

2,505

2,543

2,581

Head Coach Track - Girls

3,315

3,332

3,365

3,416

3,467

Head Coach Softball - Girls

3,798

3,817

3,855

3,913

3,972

GIRLS SPORTS - ASSISTANT COACHES

Assistant Coach Field Hockey - Girls

2,423

2,435

2,460

2,497

2,534

Assistant Coach Basketball - Girls

2,803

2,817

2,845

2,888

2,931

Assistant Coach Lacrosse - Girls

2,423

2,435

2,460

2,497

2,534

Assistant Coach Soccer - Girls

2,423

2,435

2,460

2,497

2,534

Assistant Coach Track - Girls

2,262

2,273

2,296

2,331

2,366

Assistant Coach Softball - Girls

2,468

2,480

2,505

2,543

2,581

B.   SPORTS (CO-ED)

 

8/31/2013

7/1/2013

7/1/2014

7/1/2015

6/30/2016

Head Coach Diving - Coed

2,129

2,140

2,161

2,194

2,227

Head Coach Golf - Coed

1,995

2,005

2,025

2,056

2,086

Head Coach Skiing - Coed

2,748

2,762

2,789

2,831

2,874

Head Coach 9th Grade Basketball

2,144

2,155

2,176

2,209

2,242

C.   CLUBS

 

8/31/2013

7/1/2013

7/1/2014

7/1/2015

6/30/2016

Winter Track Club

823

827

835

848

861

Conditioning Club - Mini Gym

823

827

835

848

861

D.  INTRAMURAL SPORTS ACTIVITIES

*Per two (2) hour session based upon availability of facilities

 

8/31/2013

7/1/2013

7/1/2014

7/1/2015     6/30/2016

High School

 

 

 

 

 

Fall

38/685

38/688

42/757

43/769

43/780

Winter

38/910

38/915

42/1006

43/1021

43/1037

Spring

38/685

38/688

42/757

43/769

43/780

Middle School:

 

 

 

 

 

Fall

38/685

38/688

42/757

43/769

43/780

Winter

38/910

38/915

42/1006

43/1021

43/1037

Spring

38/685

38/688

42/757

43/769

43/780

E.   EXTRACURRICULAR ACTIVITIES

HIGH SCHOOL:

 

8/31/2013

7/1/2013

7/1/2014

7/1/2015

6/30/2016

Business Manager School Accounts

4,019

4,039

4,080

4,141

4,203

Booster Day Coordinator

273

274

277

281

286

Band Director

2,660

2,673

2,700

2,741

2,782

Choral Director

852

856

865

878

891

Orchestra Director

588

591

597

606

615

Musical Director

1,664

1,672

1,689

1,715

1,740

Costume Coordinator Musical

273

274

277

281

286

Talent Show

588

591

597

606

615

Marching Band Assistant - Majorettes

393

395

399

405

411

Advisor: Senior Class (2)

643

646

653

663

672

Advisor: Junior Class (2)

483

485

490

498

505

Advisor: Sophomore Class (2)

483

485

490

498

505

Advisor: Freshman Class (2)

483

485

490

498

505

Cheerleading: Varsity Fall Football

564

567

573

581

590

Cheerleading: JV Fall Football

564

567

573

581

590

Cheerleading: Varsity Winter Basketball

564

567

573

581

590

Cheerleading: JV Winter Basketball

564

567

573

581

590

Cheerleading: Varsity Soccer

564

567

573

581

590

Debate Coach (2)

530

533

538

546

554

or if only one person

968

973

983

997

1,012

Public Relations

683

686

693

704

714

Publications Coordinator

137

138

139

141

143

School Paper Devil's Advocate Advertising

546

549

554

563

571

School Paper Devil's Advocate Advisor

1,061

1,066

1,077

1,093

1,110

Advisor: Drama Club

273

274

277

281

286

Fall Drama Director

804

808

816

828

841

Winter Drama Director

804

808

816

828

841

Thespian Director

273

274

277

281

286

Student Council Advisor

977

982

992

1,007

1,022

Advisor: Yearbook

698

701

709

719

730

Advisor: Yearbook Advertising (2)

193

194

196

199

202

or if only one person does all Yearbook

1,483

1,490

1,505

1,528

1,551

Advisor: Match Wits (Round #1)

537

540

545

553

562

Advisor: Match Wits (Round #2)

293

294

297

302

306

Advisor: National Honor Society

511

514

519

527

534

MIDDLE SCHOOL:

 

 

 

 

 

Business Manager

1,204

1,210

1,222

1,241

1,259

Band Director

455

457

462

469

476

Chorus

393

395

399

405

411

Drama Director

393

395

399

405

411

(per production, not to exceed 3 productions)

 

 

 

 

 

Musical Director

852

856

865

878

891

Concert Director

272

273

276

280

284

Cheerleading Advisor

,393

395

399

405

411

Public Relations

272

273

276   

280

284

Student Council Advisor

393

395

399

405 -

411

Yearbook Advisor

1,286

1,292

1,305

1,325

1,345

School Paper Advisor

1,286

1,292

1,305

1,325

1,345

Outing Club Advisor

947

952

961

976

990

Photography Club Advisor

393

395

399

405

411

Science Club Advisor

947

952

961

976

990

Computer Club

589

592

598

607

616

(if created by the Committee)

 

 

 

 

 

Talent Show

393

395

399

405

411

(if created by the Committee)

 

 

 

 

 

APPENDIX A-3

NORTHAMPTON SCHOOL DEPARTMENT

Request for Leave

Except in an emergency, requests should be filed in advance with

the supervisor, or immediately upon return from the absence.

Name_________________________________             Employee #____________________________

Position_______________________________              School_______________________________

Date Filed_______________________________            ____________________________________

Check type of leave requested

Illness [  ]       Personal [  ]          Bereavement [  ]         Vacation [  ]          Jury Duty [  ]

Date or dates of leave:_______________________________________________________________

_________________________________________________________________________________

Requests for the following types of leave require an explanation

Compensatory Time [  ]                Unpaid Leave [  ]

Date or dates of leave: _______________________________________________________________

Explanation or reason:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Approvals

Principal or Supervisor: ___________________________________                Date: ______________

Superintendent: _________________________________________                 Date: ______________

Notation: _________________________________________________________________________

APPENDIX A-4

FORM FOR COURSE APPROVAL

NORTHAMPTON PUBLIC SCHOOLS

Step 1:   COURSE APPROVAL

Per Unit A Contract: Courses must have prior approval of the Superintendent. Requests for prior approval of courses must be submitted by September 15 for the fall semester; January 1 for the spring semester; June 1 for the summer session.

Name ________________________________________________Emp. #:_________________

Date of Request:____________________________________________________________________

Course Description__________________________________________________________________

Course Number _________________________________Number of Credits:____________________

Institution_________________________________________________________________________

Semester__________________________________________________________________________

Check One of the following 3:

CERTIFICATION/LICENSURE__________________GRADUATE___________________________

CAGS/ADVANCED DEGREE________________________

Is this course part of a graduate program?___________________________________________

If yes, in what graduate program are you enrolled?____________________________________

Are you requesting reimbursement for this course?____________________________________

THIS REQUEST HAS BEEN:

Approved by building Principal: __________________________________________________

Signature                                                                  Date

 Superintendent:

Course Request: Approved_____________________                              Not Approved___________

Reimbursement: Approved_____________________                              Not Approved___________

______________________________________________________________________________

Signature of Superintendent                                                                                                       Date

The original form has been returned to the employee on ____________________________from____________.

STEP 2: Reimbursement:

Per Unit A Contract: Tuition will be reimbursed to a maximum of 50% of the University of Massachusetts tuition rate and fee schedule at the time of the request. Such reimbursement will be limited to actual tuition and fees. Reimbursement will be made upon receipt of official transcripts from the college or university and proof of expenditures. No staff member will be eligible for reimbursement of tuition for more than two courses per fiscal year. Please see attached for further details regarding reimbursement.

Submitted to Donna Lawrence, Accounting Office, ext. 1324, on__________to process your reimbursement request.

APPENDIX A-5

FORM FOR PROGRAM APPROVAL

NORTHAMPTON PUBLIC SCHOOLS

Step 1: PROGRAM APPROVAL

Per Unit A Contract: Courses must be part of an approved program by the Superintendent. Requests for a program must have prior approval from the Superintendent submitted by September 15th for the fall semester; January 1st for the spring semester; June 1st for the summer session.

Name____________________________________________________________Emp. #:_________

Date of Request: _________________________________________________________________

Program Description_______________________________________________________________

Institution_______________________________________________________________________

Check One of the following 3:

CERTIFICATION/LICENSURE__________________________GRADUATE___________________

CAGS/ADVANCED DEGREE______________________

Principal:         Please check one only, sign and date:

I Support__________________                I Do Not Support__________________

______________________________________________________________________________

Signature of Principal                                                                                                       Date

Superintendent:

I Approve_________________________           I Do Not Approve_______________

Reimbursement: Approved________________________           Not Approved____________

______________________________________________________________________________

Signature of Superintendent                                                              Date

A copy of this form has been returned to the employee on ___________________from____________

APPENDIX A-6

Northampton Educator Evaluation Procedure

1)          Purpose of Educator Evaluation

A)   This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. C.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system).

B)   The regulatory purposes of evaluation are:

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

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

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

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

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

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

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

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

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

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

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

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

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

ii)         Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplar)'.

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

iv)        Improvement Plan shall mean a plan developed by the Evaluator of at least 25 school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator's unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year. The District will compensate for any mandated activity, but not per diem for the Educator.

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

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

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

i.          Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation. Whenever possible, the Primary Evaluator and the educator will mutually agree upon the Supervising Evaluator.

ii.         Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee. In the event the Educator requests to have the Supervising Evaluator assigned, that request will be honored whenever reasonable.

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

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

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

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

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

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

N)        *Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.

O)        *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on

a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

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

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

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

S)         *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of at least 15 minutes by the Evaluator and may include examination of artifacts of practice including student work. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.   Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

T)        Parties: The parties to this agreement are the Northampton School Committee and the Northampton Association of School Employees.

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

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

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

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

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

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

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

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

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

i)          Standard 1: Curriculum, Planning and Assessment

ii)         Standard 2: Teaching All Students

iii)        Standard 3: 'Family and Community Engagement

iv)        Standard 4: Professional Culture

v)        Attainment of Professional Practice Goal(s)

vi)        Attainment of Student Learning Goal(s)

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

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

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

iii)        Elements: Defines the individual components under each indicator

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

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

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

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

DD)      *Trends in student learning: At least two years, after the base year of 2012-2013, of data from the district-determined measures and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low.

3)         Evidence Used in Evaluation

The following categories of evidence shall be used in evaluating each Educator:

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

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

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

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

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

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

i)          Unannounced observations of practice of at least 15 minutes.

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

iii)        Examination of Educator work products.

iv)        Examination of student work samples.

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

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

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

(b)         Evidence of active outreach to and engagement with families;

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

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

iv)        Student Feedback - see # 23 below; and

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

4)         Rubric

The rubrics are a scoring tool used for the Educator's self-assessment, the formative assessment, the formative evaluation and the summative evaluation.   The districts will use the rubrics provided by DESE.

5).        Evaluation Cycle: Training

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

B)           By November 1st-15th of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal. Any Educator hired after the November lst date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by DESE and feedback from district educators.

6)          Evaluation Cycle: Annual Orientation

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

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

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

C)         Provide the content of this meeting in digital format to facilitate orientation of Educators hired after the beginning of the school year.

7)          Evaluation Cycle: Self-Assessment

A)        Completing the Self-Assessment

i)          The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school.

ii)         The self-assessment includes:

(a)         An analysis of evidence of student learning, growth and achievement for students under the Educator's responsibility.

(b)        An assessment of practice against each of the four Performance Standards of effective practice using the district's rubric.

(c)         Proposed goals to pursue:

1st:        At least one goal directly related to improving the Educator's own professional practice.

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

B)        Proposing the goals

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

ii)         For Educators in their first year of practice, the Evaluator or his/her designee trained in the evaluation procedure will meet with each Educator by October 1st (or within four weeks of the Educator's first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

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

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

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

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

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

B)         To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Evaluator shares with the Educator. The process for determining the Educator's impact on student learning, growth and achievement will be determined after DESE issues guidance on this matter. See #22, below.

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

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

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

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

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

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

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

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

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

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

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

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

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

The Educator whose overall rating is proficient or exemplary must have at least one Unannounced observation during the evaluation cycle. An additional unannounced observation will occur within a reasonable period of time if requested by the Educator or Evaluator.

A)         The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations. An additional unannounced observation will occur within a reasonable period of time if requested by the Educator or Evaluator.

B)         The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Evaluator, but in no case, for improvement plans of one year, shall there be no fewer than one announced and three unannounced observations. For Improvement Plans of six months or fewer, there must be no fewer than one announced and two unannounced observations. An additional announced and/or unannounced observation will occur within a reasonable period of time if requested by the Educator or Evaluator.

11)        Observations

The Evaluator's first observation of the Educator shall take place by November 15. Observations required by the Educator Plan shall be completed by May 25th.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation. Although all the indicators must be addressed, the primary focus of the observations will be on the indicators and elements agreed-upon in the educator plan. Barring any extenuating circumstances, observations will not occur on the day before or after a vacation period.

A)        Unannounced Observations

i)         Unannounced observations may be in the form of partial (at least 15 minutes) or full-period classroom visitations by the Evaluator.

ii)         The Educator will be provided with at least brief written feedback from the Evaluator within 3-5 school days of the observation. The written feedback shall be delivered to the Educator in person whenever possible, otherwise to the Educator's school mailbox or home.   A follow-up face-to-face conversation will be held within a reasonable period of time at the request of the Educator or the Evaluator.

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

. B)        Announced Observations

i)         All non-PTS Educators in their first three years in the school, PTS Educators on Improvement Plans and other educators at the request of the Educator and/or the Evaluator shall have at least one Announced Observation.

(a)          The Educator and Evaluator together shall select the date and time of the lesson or activity to be observed and discuss any specific goal(s) for the observation.

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

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

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

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

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

1st:        Describe the basis for the Evaluator's judgment.

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

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

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

12)       Evaluation Cycle: Formative Assessment

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

B)          Formative assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment Report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment Report is replaced by the Formative Evaluation Report at the end of year one. See section 13, below.

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

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

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

F)          The Evaluator shall complete the Formative Assessment Report and provide a copy to the Educator. All Formative Assessment Reports must be signed by the Evaluator and delivered face-to-face whenever possible, otherwise to the Educator's school mailbox or home.

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

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

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

I)          If the rating in the Formative Assessment Report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

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

A)         Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation Report near the end of the first year of the two year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

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

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

D)         The Evaluator shall complete the Formative Evaluation Report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face whenever possible, otherwise to the Educator's school mailbox or home.

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

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

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

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

I)         If the rating in the Formative Evaluation Report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

14)       Evaluation Cycle:          Summative Evaluation

A)         The evaluation cycle concludes with a Summative Evaluation Report. For Educators on a one or two year Educator Plan, the Summative Evaluation Report must be written and provided to the Educator by May 15th.

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

C)         The professional judgment of the Primary Evaluator shall determine the overall summative rating that the Educator receives.

D)         For an Educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the Evaluator's Supervisor shall discuss and review the rating with the Evaluator and the Supervisor shall confirm or revise the Educator's rating. E)   The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

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

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

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

I)          The Evaluator shall deliver a signed copy of the Summative Evaluation Report to the Educator face-to-face whenever possible, or by email or to the Educator's school mailbox or home no later than May 25th.

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

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

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

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

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

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

15)       Educator Plans - General

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

B)        The Educator Plan shall include, but is not limited to:

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

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

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

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

16)        Educator Plans: Developing Educator Plan

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

B)         The Educator shall be evaluated at least annually.

17)        Educator Plans: Self-Directed Growth Plan

A)         A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2014-2015 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

B)         A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2014-2015 whose impact on student learning is low. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

18)        Educator Plans: Directed Growth Plan

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

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

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

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

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

19)       Educator Plans: Improvement Plan

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

B)         The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 25 school days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins. The District will compensate for any mandated activity, but not per diem for the Educator.

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

D)         An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions). Whenever possible, the Evaluator and Educator will mutually agree on the Supervising Evaluator. The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan. The primary evaluator may be the Supervising Evaluator, unless special circumstances warrant it.

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

F)          The Improvement Plan process shall include:

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

ii)         The Educator may request that a representative of the Northampton Association of School Employees attend the meeting(s).

iii)        The Northampton Association of School Employees will be informed that an Educator has been placed on an Improvement Plan.

G)        The Improvement Plan shall:

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

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

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

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

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

vi)        Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and,

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

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

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

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

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

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

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

(d)         If the Evaluator determines that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

20)        Timelines (Dates in italics are provided as guidance)

Activity:

Completed By:

Superintendent or principal or designee trained in the evaluation procedure meets with evaluators and educators to explain evaluation process

September 15

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

October 1

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

October 15

Evaluator completes Educator Plans

November 1

Evaluator completes first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

* or four weeks before Formative Assessment Report date established by Evaluator

January 5*

Evaluator completes mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

February 1

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

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

* or 4 weeks prior to Summative Evaluation Report date established by evaluator

April 20*

Evaluator completes Summative Evaluation Report

May 25

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

June 1

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator

June 10

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

June 15

A)        Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year I

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

B)        Educators on Plans of Less than One Year

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

21)        Career Advancement

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

B)         In order to qualify to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years.

C)         Educators with PTS whose summative performance rating is exemplary and, after 2014-2015, whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

22)        Rating Impact on Student Learning Growth

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

23)        Using Student feedback in Educator Evaluation

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

24)       Using Staff feedback in Administrator Evaluation

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

25)        Transition from Existing Evaluation System

A)         The parties agree that 50% of more of Educators in the district will be evaluated under the new procedures at the outset of this Agreement, and 50% or fewer will be evaluated under the former evaluation procedures for the first year of implementation of the new procedures in this "Agreement. All educators will be placed initially on a Two-Year Self-Directed Growth Plan. Those Educators deemed "Caseload" educators (e.g. counselors, nurses, etc.) will remain under the current evaluation system until evaluation language for those educators has been completed and ratified by the parties.

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

26)        General Provisions

A)         Only Educators who have a DESE license and are serving as administrators and trained in the evaluation procedure may serve as evaluators of Educators,

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

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

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

E)          The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures two times during 2013-2014 and annually through the second and third years of implementation and recommend adjustments to the parties. In the first year, the team will meet between February 1 and February 15, 2014, and again at a mutually-agreed date in June. The parties agree to reconvene to negotiate any adjustments to the contract recommended by the team.

F)          Violations of this article are subject to the grievance and arbitration procedures. The arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process. When the evaluation process results in the termination or non­renewal of an Educator, then no financial remedy or reinstatement shall issue if there was substantial compliance.