|Shared Contract District|
|Type of District||Elementary|
|Most Recent Document||Contract|
|Regional HS Members|
|Vocational HS Members||Old Colony RVTSD|
|Kind of Community||rural economic centers|
|Number of Schools||2|
|Percent Low Income Students||19|
|Grade Start||PK or K|
AGREEMENT BETWEEN THE
ACUSHNET TEACHERS ASSOCIATION
ACUSHNET SCHOOL COMMITTEE
TABLE OF CONTENTS
Article I Recognition 1
Article II Grievance Procedure 2
Article III Compensation 4
Article IV Teaching Hours and Teaching Loads 5
Article V Class Size 8
Article VI Deductions 9
Article VII Insurance and Annuity Plans 10
Article VIIA Agency Fee 10
Article VIII Specialists and Special Programs 11
Article IX Summer School, Evening School, Federal Programs 11
Article X Teacher Evaluation 12
Article XI Sick Leave 13
Article XII Leave of Absence 16
Article XIII Leaves of Absence Without Pay 17
Article XIV Sabbatical Leave 18
Article XV Transfer and Reassignment 19
Article XVI Substitute Teachers 21
Article XVII Teacher Protection 21
Article XVIII Professional Development 22
Article XIX General 23
Article XX Retirement Incentive 24
Article XXI Severance Pay 24
Article XXII Committees 25
Article XXIII Extra Duty Pay 25
Article XXIV Pay Provisions 26
Article XXV Termination of Service 27
Article XXVI Rights and Obligations of the School Committee 28
Article XXVII Part-time Teachers 29
Article XXVIII Mentoring 30
Article XXIX Duration 32
Appendix A - Additional Salaries 33
Appendix B - Salary Schedules 36
Appendix C - Teacher Evaluation 40
Recognizing that our prime purpose is provide education of the highest quality possible for the children of Acushnet, and that good morale within the teaching staff of Acushnet is essential to that purpose, we the undersigned parties to this Contract, declare that:
1. Under the Law of Massachusetts, the Committee, elected by the citizens of Acushnet has final responsibility for establishing the educational policies of the Acushnet Public Schools.
2. The Superintendent of Schools of Acushnet has responsibility for carrying out the policies so established, (hereinafter referred to as the Superintendent).
3. The teaching staff of the public schools of Acushnet shares with the Committee and the administrative staff the responsibility for providing the school children of Acushnet with education of the highest quality consistent with the policies of the Acushnet School Committee made in consultation with the Acushnet Teachers' Association.
4. Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Superintendent, and the teaching staff in the formation and applications of policies relating to wages, hours, and other conditions of employment for the teaching staff; and so,
5. To give effect to these declarations, the following principles and procedures are hereby adopted.
A. ASSOCIATION RECOGNITION
For the purposes of collective bargaining with respect to wages, hours, other terms and conditions of employment, the negotiation of collective bargaining agreements and questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent and representative of all full and part‑time professional employees (as such employees are defined in Chapter 150E of the General Laws of Massachusetts) of the Committee except, however, the Superintendent and Business Manager, Administrator of Special Needs, Principals, Assistant Principals or other administrator by whatever title his/her position may be known, all substitute teachers, and all part‑time Chapter I and Chapter II teachers.
There shall be no discrimination, interference, restraint, or coercion by the Committee, Association, or their respective agents against any teacher because of membership or non‑membership in the Association. No one shall be required to become a member or remain a member of the Association as a condition of employment in the Acushnet Public Schools.
1. Definition of a grievance: a grievance is disagreement over the interpretation of this Contract by either party or both.
2. The Association may initiate and process grievances under the following procedure, acting in place of the employee.
3. The School Committee agrees that if a non‑bargaining unit person conducts an educational activity during the school day, no bargaining unit position shall be supplanted nor shall any bargaining unit position be eliminated and subsequently replaced by volunteers. This, however, is in no way intended to limit the use of teacher aides consistent with state regulations and/or collective bargaining agreements.
The purpose of the procedure set forth hereafter is to produce prompt and equitable solutions at the lowest level to those problems, covered by this Contract, which from time to time may arise and affect the conditions of employment of employees covered by this Contract. The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved. The Committee and Association agree that nothing in this Contract shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with an appropriate member of the administration.
C. GENERAL PROVISIONS:
1. The Committee and the Association shall have the right to use any representative or representatives of their own choosing in the presentations at any level of this grievance procedure. However, the Association agrees that at Step I of said procedure, it shall use no more than two (2) representatives.
2. The costs for 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 School Committee and the Association.
3. The Committee acknowledges the right of this Association to participate in the processing of a grievance at any level.
4. No reprisals of any kind will be taken by the Committee or the School Administration against any teacher because of his participation in the Grievance Procedure and no teacher shall lose pay for the pursuance of a grievance.
5. The School Committee and the Administration will cooperate with the Association in its investigation of any grievance and, further, will furnish the Association with such information as requested for the processing of any grievance.
6. All documents, communications, and records dealing with the processing of a grievance will be filed separately from the files of the individuals.
7. All decisions rendered at Level One, Two, and Three of the Grievance Procedure will be in writing, setting forth the decisions and the reasons therefore, and will be transmitted promptly to the grievant and/or the Association.
8. The parties agree no grievance filed under this Article shall be aired publicly or to parties not involved in the grievance procedure prior to the filing of the grievance or while the grievance is in process. Failure to adhere to this procedure shall not render the grievance non‑arbitrable nor prejudice the respective positions of the parties in the arbitration.
Prior to the submission of a formal grievance, the matter of concern may be discussed orally by the employee and the principal or the immediate supervisor with the objective of resolving the matter informally. Such informal discussions, if they occur, shall not operate so as to extend the time limits set forth below.
The grievance must be submitted by the employee and/or the Association on a mutually agreed to form to be provided for the purpose to the principal or the immediate supervisor. If at the end of fifteen (15) school days following the occurrence of any grievance or the date of first knowledge of its occurrence by any employee affected by it, the grievance shall not have been presented at LEVEL ONE of the grievance procedure set forth in this article, the grievance shall be deemed to have been waived. Any grievance in course under such procedure shall also be deemed to have been waived if the action taken to present it to the next level in the procedure shall not have been taken within the time specified within the procedure.
A. In the event that the grievance shall not be disposed of at Level One to the satisfaction of the aggrieved employee, or in the event that no decision has been reached within five (5) school days after presentation of the grievance to the immediate superior and/or principal, the grievance shall be reduced to writing and referred to the Superintendent of Schools within ten (10) school days of the disposition under Level One.
B. Within ten (10) school days after receipt of the written grievance by the Superintendent, he shall meet with the aggrieved employee and the Association representative, if the employee so desires, in an effort to settle the grievance.
In the event that the grievance shall not have been disposed of at the previous level or in the event that no decision has been rendered within ten (10) days after the Level Two meeting, the grievance shall be referred in writing to the School Committee within fifteen (15) school days of the Level Two meeting. At one of its next two (2) regular School Committee meetings or at a special meeting called for the purpose of considering the grievance, the School Committee shall meet with the aggrieved employee and the Association representative, if the employee so desires, in an effort to settle the grievance.
In the event that the grievance shall not have been satisfactorily disposed of at Level Three, or in the event that no action has been taken within ten (10) school days after the Level Three meeting, the Association may refer in writing within fifteen (15) school days of the disposition under Level Three the unsettled grievance to the American Arbitration Association for arbitration under their rules or other mutually agreed to body. The results of such arbitration shall be final and binding on both parties.
Any teacher who anticipates movement on the advance recognition scale shall notify the office of the Superintendent of Schools of this in writing not later than February first of the school year preceding the anticipated move.
A. Any teacher receiving a degree or additional credits for column placement on the salary schedule will be placed on that salary classification effective the next pay period following presentation of satisfactory evidence of such additional credit at the time of such credit acquisition. If the teacher fails or neglects to submit such evidence within sixty (60) days of credit acquisition the School Committee shall not be responsible for retroactive payment for salary schedule adjustment beyond the date of submission of such evidence of credit acquisition.
B. If requested by the bargaining unit member, all money owed to him/her for the summer months will be paid bi-weekly, provided that said bargaining unit member so requests in writing by May 15. A bargaining unit member who fails to submit such a request by the allotted date will receive a lump sum check on the first payday in July.
C. Each teacher shall advance one step on the salary scale for each subsequent year of employment; subject, however, to any other provision in this Agreement. Any teacher under contract, having taught in the Acushnet School System for a minimum of one hundred five (105) days in the same assignment in any one school year, shall receive credit for a full year when given a permanent contract.
D. For the 2009-2010 school year and thereafter, a part-time teacher shall be compensated at the percentage of a full-time teacher's per diem rate based on 1/184 of a school year and based upon the hours worked by a part-time teacher in relation to a work day of a full-time teacher. Full‑time teachers who are appointed or recalled to a part‑time position will be placed on the step of the salary schedule they would have been on in September, 1991, for purpose of determining their part‑time compensation. Part‑time teachers shall be paid only for the number of days worked in a school year, except for days on which they are on paid leave as authorized in this Agreement.
E. For the 2000-2001 school year and thereafter, a part-time teacher must work a minimum of 697.5 hours per school year (excluding any hours as a substitute teacher) in order to receive credit for a full year of service for step advancement.
F. A part‑time teacher, who is assigned as a substitute teacher whether for a full or part‑time day, shall receive the compensation of a substitute teacher and not the pro‑rated compensation provided for in Paragraph D above.
TEACHING HOURS AND TEACHING LOADS
1.0 Teachers will have a duty‑free lunch period of at least twenty‑five (25) minutes.
2.0 Teachers in grades 1 ‑ 8, including specialists, in addition to their lunch periods, will have five (5) preparation periods each week during which they will not be assigned any teaching or supervisory duties. Each preparation period will be the equivalent of one instructional period, which may differ in length at the elementary level. During a five‑day week, such preparation periods will total at least 210 minutes. During weeks of less than five (5) days, the daily preparation time shall not be reduced. Where possible, teachers will have a preparation period during each work day. Pre‑school and kindergarten teachers shall also have at least 210 minutes of preparation time during each five day week, in addition to their lunch periods, during which they will not be assigned any teaching or supervisory duties, although this time may or may not consist of five periods.
3.0 The school year for teachers shall not exceed 184 days. The last student day shall be scheduled as an early release day for students and shall be the last workday for teachers. The Wednesday before Thanksgiving shall be an early release day for students and teachers.
4.0 The dismissal time for students at the elementary school level will begin no later than six (6) hours, thirty (30) minutes after the commencement of the student day. The dismissal time for students at the middle school level will begin no later than six (6) hours, forty-five (45) minutes after the commencement of the student day. Bargaining unit members shall receive a twenty-five (25) minute duty free lunch period.
Teachers will be freed from their
respective duties following the dismissal of the last bus and walkers.
4.1 The normal workday for middle school teachers will begin five (5) minutes before the students' scheduled arrival time and will begin ten (10) minutes before the students' scheduled arrival time for elementary school teachers. Starting and dismissal times are subject to modification by the School Committee; provided, however, that no such modification will increase the length of the teacher's workday. Notice of arrival time of students will be submitted to teachers the first day of the school year.
5.0 The Committee and the Association recognizes and agrees that the teacher's responsibility to their students and their profession generally entails the performance of duties and expenditures of time beyond the normal working day, but that teachers are entitled to regular times and schedules on which they can rely and which will be fairly and evenly maintained under normal circumstances throughout the school system.
6.0 Every effort will be made in June to notify teachers of their subject/class assignment for the following school year. Teachers will receive a copy of their schedule one (1) week prior to the first week of school. Teachers assigned to teach in areas other than their current subject area will be provided prior notice and opportunity to discuss the assignment with the Superintendent or his designee before implementation of the teaching assignment.
7.0 Teachers are to remain as long after school as necessary to carry out their responsibilities to the students. At the middle school level, the principal shall designate two (2) days each week of which the teacher shall select one (1) day each week when he/she must remain fifty-five (55) minutes after the scheduled student dismissal for student assistance (until 3:40 p.m.). At the elementary level the principal shall designate two (2) days each week of which the teacher shall select one (1) day each week when he/she must remain forty-five (45) minutes before the student day begins (8:10 a.m.) or forty-five (45) minutes after the scheduled student dismissal (until 4:10 p.m.) for student assistance. Elementary school teachers shall designate the day on which they shall make themselves available for student assistance by no later than the last day of school of the prior school year.
8.0 During a normal five (5) day work week, homeroom teachers at the Elementary School shall be released from lunch and lunch time recess duties on three (3) days per week for purposes of team planning and/or ad hoc committee work. During weeks of less than five (5) days, teachers who would normally be scheduled for release time shall not be entitled to make up lost release time. The Association agrees that if the Committee assigns non-bargaining unit personnel to perform lunch or lunch time recess duties, it shall not be construed as a violation of this Agreement. The District shall make reasonable efforts to provide elementary special education teaching staff with team planning time, taking into account its ability to schedule said time based on a variety of factors, including but not limited to, scheduling and staffing issues. This language shall not be interpreted as a guarantee of team planning time.
8.1 Building principals shall have discretion to schedule supervisory duties necessary to the operation of the school or to cover emergency situations as they may arise.
9.0 In an emergency situation, and not to exceed one hour on the elementary level and one period on the secondary level, teachers may be required to serve as substitutes at no additional pay. An emergency shall be defined as:
A. A teacher is absent or late as the result of a problem in transportation.
B. A teacher has to leave the school as the result of personal illness or accident or some family matter requiring his presence.
C. Delay in obtaining a substitute.
10.0 If it becomes necessary for teachers to stay in class during their planning period, they shall be given the option of payment at the rate of $10.00 for the period ($15.00 for one and one‑half periods) or be given compensatory time. The option for compensatory time may be exercised only after the teacher has been required to remain in class on more than two (2) occasions in a school year. The teacher shall be paid the above amount for loss preparation time on the first two (2) occasions in a school year. Compensatory time shall be provided within thirty (30) calendar days from the date in which it was earned.
11.0 When assemblies are being held, both the teacher and the specialist are expected to be in attendance, unless the classroom teacher has a scheduled preparation period. In the event the specialist has duties relating to the assembly, the classroom teacher will have his/her preparation period, and the other teachers supervising the students during the assembly will assume supervisory responsibility for his or her class.
12.0 In case of emergencies, such as fire alarms, storm days, bomb scares, or in the event of scheduled field trips that prevent a teacher from having his/her preparation period the teacher will not be paid or provided compensatory time for lost preparation time because he/she remained with the class during a scheduled specialist period.
13.0 Part‑time teachers shall work the hours established for a part‑time teacher's schedule and pro‑rata planning time as approved by the School Committee.
14.0 Effective September 1, 2008, bargaining unit members shall be required on an annual basis to attend six (6) hours of parent-teacher conferences. Three (3) hours of parent-teacher conferences shall be during an afternoon; the other three (3) hours of parent-teacher conferences shall be scheduled during an evening. The building principals shall meet with the Association concerning parent-teacher conferences and to identify an afternoon and evening for such conferences at each school by no later than March 1st of the prior school year. Any final decision on parent-teacher conferences shall be subject to review and approval by the superintendent and shall be included in the annual school calendar. Effective September 1, 2009 and thereafter, bargaining unit members shall be required on an annual basis to attend one (1) hour for an Open House. The building principals shall meet with the Association to identify an evening for Open House at each school by no later than March 1st of the prior school year. Any final decision on Open House shall be subject to review and approval by the superintendent and shall be included in the annual school calendar. The day before Christmas vacation shall be an early release day for bargaining unit members.
1.0 The Committee and the Association recognize that desirable pupil‑teacher ratios are an important aspect of the educational program. Therefore, although it is agreed that the Committee may not always be able to control the pupil‑teacher ratio in some areas, due to lack of facilities, it is also agreed that the Committee will continue to give top priority to providing acceptable pupil‑teacher ratios that are conducive to effective teaching and learning.
2.0 It is agreed by the Committee and the Association to work cooperatively toward the following desirable goals concerning the average pupil‑teacher ratios in the following areas:
2.1 Should a disagreement exist as to the application of this Article, appropriate representatives of the Association shall meet with the Superintendent and subsequently, if not satisfied, may meet with the School Committee and present their views and recommendations. Decisions at Level III will be final and binding.
2.2 Attempts will be made according to existing plants and facilities to work toward the following desirable goals concerning the average pupil‑teacher ratios in the following areas:
A. Elementary School:
K ‑ 3 (pupil‑teacher‑aide ratio)
4 (pupil‑teacher‑aide ratio)
B. Middle School:
Academic subjects 25‑1
Technology Engineering 18‑1
Physical Ed. 40‑1
Resource Room 12‑1
1.0 The Committee agrees to deduct from teachers' salaries dues for the Association, the Massachusetts Teachers Association, and the National Education Association, or any other combination of such organizations as the teachers individually and voluntarily authorize the Committee to deduct, and to transmit the amount so authorized to the Treasurer of the Acushnet Teachers' Association. It is agreed that any such combination will be treated as one payroll deduction for administrative purposes. For those employees who do not elect a lump sum payment, said deductions shall be made over a period of twelve months for employees authorizing said deductions. Those employees selecting a lump sum payment will have a single deduction made from that sum equivalent to the deductions for the summer recess.
2.0 Each teacher who desires to authorize such deduction shall file with the Treasurer of the Town of Acushnet through the Office of the Superintendent, a signed and dated "Acushnet Teachers Association Payroll Deduction Authorization Form" authorizing the Treasurer of the Town of Acushnet to deduct from his earnings and to remit to the Treasurer of the Acushnet Teachers Association, an amount of money equal to the dues required for membership in the organizations to specified, a waiver of all right and claim against the Committee and the Town of Acushnet, and the officers and agents thereof, for monies deducted and remitted in accordance with said authorization, and an agreement that such deduction and remittances shall continue from year to year as so authorized unless such teacher notifies the Treasurer of the Acushnet Teachers Association through the Office of the Superintendent in writing of his desire to discontinue or to change such authorization, such notice to be given at least sixty (60) days in advance of the effective date of such discontinuance or change.
3.0 The Association agrees to indemnify and hold harmless the Committee and any of its agents against any and all claims, suits or other forms of liability arising out of the deduction of union dues and/or an agency service fee.
INSURANCE AND ANNUITY PLANS
1.0 The Committee will pay the maximum percentage permitted by Town policy of the cost of the following types of insurance coverage.
1.1 A term life insurance plan of the type presently available to teachers.
1.2 Individual or family coverage, whichever applies in the particular case, for Blue Cross/ Blue Shield or Pilgrim HMO of the type presently available to teachers. The School Committee reserves the right to provide a health carrier different from Blue Cross/Blue Shield of Massachusetts, Inc.
2.0 Teachers will be able to participate in a "tax‑deferred" Annuity Plan established pursuant to United Stated Public Law #87‑370. Authority to participate in an annuity plan shall be given to the Town Treasurer by October 30th each year to take effect in December.
3.0 Part‑time teachers are eligible for benefits if they work twenty (20) or more hours per week on a regular basis as provided for under G.L. c. 32B.
ARTICLE VII A
1.0 The Committee agrees to require (during the term of this Agreement) that all employees covered by this Agreement, except those employees certified to the Committee by the Association as of their 45th day or the 30th day after the effective date of this Agreement, whichever is later, shall pay to the Acushnet Teachers Association a service fee set by the Association (which shall equal the total of local, state, and national dues paid to the Association by a regular active member). The agency fee shall be equal to the cost of collective bargaining and contract administration, and shall be no more than the dues of a regular active member.
1.1 The Association agrees to save the Committee harmless from any action growing out of these deductions and commenced by any employee against the Committee and assumes full responsibility for the disposition of funds so deducted once they have been turned over to the authorized responsible Association official.
SPECIALISTS AND SPECIAL PROGRAMS
1.0 The Committee and the Association recognize the fact that an adequate number of competent specialists are essential to the operation of an effective educational program. Accordingly, an attempt will be made to provide the following number of qualified specialists in each of the listed categories.
1.1 Elementary School:
School Adjustment Counselor 1
Special Education Teachers 4
Language Resource 1
Reading (developmental and remedial) 1
Math (remedial) 1
Physical Education 2
1.2 Middle School:
Guidance Counselor 1
Special Education Teachers 3
Physical Education 2
Tech Ed 1
2.0 Should a disagreement exist as to the application of this Article, appropriate representatives of the Association shall meet with the Superintendent and subsequently if not satisfied, may meet with the Committee and present their views and recommendations. Decisions at Level III will be final and binding.
All openings in summer school, evening schools, and federal programs will be publicized in each school building by the Superintendent as early as possible, the qualifications for such positions, their duties, and rate of compensation will be clearly set forth. Teachers wishing to be notified of such openings during the summer shall notify the Superintendent. Teachers who have applied for these positions will be notified of the action taken on their applications. Preference will be given to regular employed staff with emphasis on previous experience.
1.0 Teachers will have the right, upon written request, to review the contents of their personnel file. A teacher will be entitled to have a representative of the Association accompany him/her during such review and to receive a copy of anything in the file.
A copy of the contents of the file
will be made available to the teacher on written request, provided that
material concerning the teacher obtained at the time of employment which was
guaranteed confidential is not available for teacher inspection. Teachers may have one copy of an original document
in his/her personnel file.
2.0 No material derogatory to a teacher's conduct, service, character, or personality will be placed in his/her personnel file unless substantiated by fact, and unless the teacher has had the opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material, and his/her answer shall be reviewed by the Superintendent and attached to the file copy.
3.0 No teacher shall be disciplined or reprimanded in the presence of the class, student gathering, students and parents or other persons. Likewise, no Principal should be offered complaints in like circumstances.
A. No teacher shall be disciplined, suspended or discharged without just cause. It is agreed that this provision in no way shall affect the committee's statutory right not to renew a non‑professional status teacher's contract.
B. Any complaint regarding a bargaining unit member shall be immediately brought to the attention of such unit member. The employee shall also be notified of the source of the complaint and the disposition of the complaint.
C. The evaluation process shall be free of racial, sexual, religious and other discriminations and biases.
D. The Regulations for the Evaluation of Teachers and Administrators which were adopted under the authority of the Massachusetts General Law, Chapter 70, Section 40 of the Acts of 1993, by the Massachusetts Department of Education are incorporated herein and made a part hereof.
E. The Acushnet Public Schools Teacher Observation/Evaluation Plan is incorporated herein by reference and made a part hereof and is found in Appendix C of this Agreement.
1.0 During a bargaining unit members first full three consecutive years working in the school district, he/she shall be credited with seven and one-half (7 ½) days of sick leave upon his/her first day of employment and he/she shall earn no additional sick leave during his/her first five (5) months of employment. Any bargaining unit member who begins working for the school district after the start of a school year shall have his/her initial allocation of sick days pro-rated. Upon the completion of five months of employment, a bargaining unit member shall accrue sick leave at the rate of one and one-half (1 ½) sick days for the last five months of the school year. After a bargaining unit member has completed his/her first full three consecutive school years with the school district, he/she shall be entitled to receive fifteen (15) sick leave days per year at the start of the next school year. Sick leave may accumulate to a maximum accumulation of two hundred (200) days. Upon reaching the maximum accumulation, bargaining unit members shall continue to be entitled to an annual allocation of fifteen sick leave days as set forth above. Such annual allocation shall be available for use during that particular school year but at no time will a bargaining unit member's accumulation exceed two hundred (200) days.
1.1 The following sick leave incentive shall be in effect for bargaining unit members:
For employees who receive fifteen (15) sick days and do not use any days as of the conclusion of the school year, they shall receive $250.00 in the second regular paycheck of the next school year.
For employees who receive fifteen (15) sick days and who use one (1) sick day as of the conclusion of the school year, they shall receive $200.00 in the second regular paycheck of the next school year.
For employees who receive fifteen (15) sick days and who use two (2) sick days as of the conclusion of the school year, they shall receive $150.00 in the second regular paycheck of the next school year.
For employees at maximum accumulation of sick days who receive fifteen (15) sick days and who use three (3) sick days as of the conclusion of the school year, they shall receive $100.00 in the second regular paycheck of the next school year.
For employees at maximum accumulation of sick days who receive fifteen (15) sick days and who use four (4) sick days as of the conclusion of the school year, they shall receive $50.00 in the second regular paycheck of the next school year.
2.0 In the event of extended illness of professional staff covered under the terms of this contract, an additional source of aid shall be provided by means of a sick leave bank to provide for additional days beyond accumulated sick leave benefits.
3.0 The sick leave bank will acquire its assets from those persons covered in this contract by the voluntary donation of no more than one (1) sick leave day from the entitlement of already accumulated sick leave by any professional staff member covered under the terms of this contract.
4.0 The policy of the Sick Leave Bank and the awarding of extended sick leave days from the Bank will be governed by a Sick Leave Bank Committee consisting of four (4) members. Two members shall be designated by the School Committee to serve at its discretion and the Vice‑President and respective building representative shall be designated by the Association to serve on the Sick Leave Bank. The assets in the Sick Leave Bank shall not be used or made available to an employee who has no sick leave credit and is on Workers' Compensation.
4.1 The Sick Leave Bank Committee shall determine the eligibility for the use of the Bank and the amount of leave to be granted within fifteen (15) calendar days of a member's request. The following criteria shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:
1. Adequate medical evidence of serious illness.
2. Prior utilization of all eligible sick leave and personal leave.
3. Other criteria as may apply.
4.2 If the Sick Leave Bank becomes exhausted, it shall be renewed by the voluntary contribution of one additional day of sick leave by each member of the professional staff covered by this Agreement. Such additional days will be deducted from the members annual accumulated sick leave. The Sick Leave Committee shall determine the time when it becomes necessary to replenish the Bank.
The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal.
4.3 No person may be granted any sick leave accumulated on deposit in the Sick Leave Bank as long as such person has accumulated sick leave accruing to their personal credit.
4.4 The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days. It may be limited to a lesser amount of days at the discretion of the Sick Leave Bank Committee. Upon completion of a thirty (30) day period, the period of entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant.
4.5 The Bank shall be maintained at a minimum of one day per professional staff member enrolled in the Bank after the year of maintenance for the duration of this contract. However, no additional assets may be deposited in the Bank except by vote of the Sick Leave Bank Committee under conditions approved by the Sick Leave Bank Committee.
4.6 Any teacher joining the staff shall have thirty (30) days from the date of initial employment to contribute to the Bank if he/she so desires.
4.7 Teachers shall make every reasonable attempt to minimize the amount of time taken under this Article. Violation or abuse of this Article may incur discipline action.
4.8 A written notification will be given to each staff member covered by this Agreement at beginning of each school year as to salary and accumulated sick leave days.
4.9 A written notification will be given to the Association President and Vice President at the beginning of each school year as to the number of accumulated days in the Sick Leave Bank.
5.0 Notwithstanding the language in Article XI, §1.0, sick leave benefits for part-time bargaining unit members shall be governed by this section. Teachers who work 40% of a full-time schedule shall accrue sick leave days at the rate of 0.6 per month per school year. Teachers who work 50% of a full-time schedule shall accrue sick leave days at the rate of 0.75 days per month per school year. Teachers who work 60% of a full-time schedule shall accrue sick leave days at the rate of 0.9 days per month per school year. Teachers who work 80% of a full-time schedule shall accrue sick leave days at the rate of 1.2 days per month per school year.
6.0 Teachers who work 40% of a full-time schedule shall accrue personal leave at the rate of one (1) day per school year. Teachers who work 50% of a full-time schedule shall accrue personal leave at the rate of one (1) per school year. Teachers who work 60% of a full-time schedule shall accrue personal leave at the rate of two (2) days per school year. Teachers who work 80% of a full-time schedule shall accrue personal leave at the rate of two (2) days per school year. Personal leave shall be used under the same conditions as full-time teachers.
7.0 A bargaining unit member shall be allowed to use up to five (5) sick days per year from his/her accrued sick leave to attend to the illness of the bargaining unit members husband, wife, son, daughter, mother or father. Family sick days shall be documented on a form provided and a copy shall be filed with the central office.
8.0 Teachers absent for five (5) consecutive days or more may be required to provide medical documentation supporting their absence.
LEAVE OF ABSENCE
1.0 Teaches will be entitled to the following temporary leave of absence with pay each school year.
1.1 Two (2) days of absence for religious, personal, legal, business, household or family matters which require absence during school hours. Application for personal leave will be made at least forty-eight (48) hours before taking such leave (except in emergencies) and must be approved by the Superintendent. Additional time may be granted if requested of the Superintendent and the reasons are clarified. All decisions made by the Superintendent with respect to "additional time" shall be final and not subject to the grievance and arbitration procedures of this agreement. Additionally, a bargaining unit member who uses no such days in a particular school year shall be able to carry over and use one (1) additional personal day in the next school year.
1.2 In the case of the death of a bargaining unit members parent, spouse, child or grandparent, the bargaining unit member will be entitled to a paid leave of absence for up to five (5) school days. In the case of death of a bargaining unit members sibling, grandchild, mother-in-law, father-in-law, daughter-in-law, son-in-law or other individual living in the bargaining unit members household, the bargaining unit member will be entitled to a paid leave of absence for up to three (3) school days.
1.3 In the case of another relative or close friend, an absence of one (1) day to attend a funeral.
1.4 Any absence due to exposure to communicable disease requiring quarantine as established by the Board of Public Health.
2.0 Leaves taken pursuant to this Article (Article XII) will be in addition to any sick leave to which the teacher is entitled.
3.0 Teachers shall make every reasonable attempt to minimize the amount of time taken under this Article. Violation or abuse of this Article may incur discipline action.
4.0 The Superintendent, subject to regulations and policies approved by the School Committee, may grant permission to teachers to visit schools elsewhere without loss of pay, when in the opinion of the Superintendent; the best interest of the Acushnet Public Schools will be advanced thereby. However, not more than two such visitations may be allowed any teacher in one school year, and any expenses incurred will be paid by the teacher requesting the permission. Request for permission to visit schools shall be made directly to the Superintendent of Schools at least two weeks in advance of the anticipated absence. Notice of return to duty shall be made on the day of return in the same manner as notice of return for duty following absence due to personal illness. A written report, if requested by the Superintendent of Schools, shall be submitted to the Superintendent within one week following each visitation day.
5.0 A maximum of three paid Association days shall be granted on a yearly basis for valid Association business. The President of the Association shall determine the use of the three (3) days.
6.0 A teacher called to serve on jury duty will be paid the difference between the money received for jury duty less travel allowance, and his/her regular pay.
7.0 Funeral leave and jury leave shall be available to part time teachers only on days in which they are scheduled to work.
LEAVES OF ABSENCE WITHOUT PAY
1.0 The Committee agrees that a teacher designated by the Association will upon request, be granted a leave of absence without pay for the purpose of engaging in the Association (local, state, or national) activities. Upon return from such leave, a teacher will be considered as if he were actively employed by the Committee during such leave and will be placed on salary schedule at the next level provided he had been employed one hundred and five (105) days at the previous level.
2.0 Teachers shall be entitled to an unpaid leave of absence for purposes of maternity leave of up to but not more than one year. Time available for maternity leave pursuant to statute, including Mass. Gen. Law ch. 149, Section 105D and the Family Medical Leave Act ("FMLA"), shall be included within the one year unpaid leave of absence for purposes of maternity leave and under no circumstances shall they extend the time available to an employee beyond one year. Teachers may utilize accrued sick leave during the period of time during which they are taking maternity leave pursuant to either Mass. Gen. Laws ch. 149, Section 105D on the FMLA, whichever period is longer, provided, however, that the Superintendent, upon the receipt of an appropriate medical diagnosis that the bargaining unit member is disabled, may extend the sick leave utilization. The Association acknowledges that the Association and the Committee are subject to the provisions of the FMLA and that the FMLA shall not increase or decrease the length of leave available to eligible employees under this section. Upon the expiration of the one year unpaid leave of absence; the School Committee will assign the teacher to his/her former job or to a substantially equivalent position.
2.1 A teacher may alternatively request maternity leave without pay for two school years provided that if the teacher exercises this alternative she may not return during the two year leave of absence without the approval of the Superintendent of Schools whose decision shall be final and provided further that the teacher shall be assigned to nearly as comparable a position as possible and will not be assured of the opportunity to return to her former position. Bargaining unit members who are approved for this leave shall not accrue benefits while on extended maternity leave.
3.0 A leave of absence without pay or increment of up to one (1) year may be granted at the discretion of the Superintendent 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 Committee.
4.0 Military leave without pay shall be granted to any teacher who is inducted or activated during a period of national emergency. Upon return from such leave the teacher shall be placed on the salary schedule at the level he would have achieved had he remained actively employed in the system during the period of his absence up to a maximum of two (2) years. Previously accumulated sick leave days will be restored to all returning teachers who left the Acushnet School System to enter the armed forces.
5.0 Time necessary for Association representatives to attend the Massachusetts Teachers Association and/or National Education Association conferences and conventions up to an aggregate total of five (5) days annually.
6.0 A teacher with professional teacher status who adopts a child shall, upon request, be allowed an unpaid leave of absence of one (1) year for the purpose of child rearing for the year immediately following the adoption. In the event the leave of absence would expire during a school year, the teacher may not return during the school year without the approval of the Superintendent of Schools. If the Superintendent does not approve a return during mid‑year, the teacher shall be reinstated the following September.
7.0 The Superintendent may grant to any teacher so requesting a one (1) year leave of absence without pay for personal reasons.
1.0 Any teacher with professional teacher status, upon recommendation by the Superintendent and confirmation by the Committee, may be granted a leave of absence for one‑half (1/2) year at full pay or one (1) full year at half (1/2) pay for the purpose of advance study at any accredited institution of higher learning, provided the teacher agrees that upon termination of such leave, the teacher will return to the service of the Acushnet School System for a period equal to twice the length of the leave.
2.0 Upon the teacher's return, he/she will be given full credit on the salary schedule for the period of the teacher's leave, except that no sick leave will be earned during this sabbatical leave.
3.0 In default of completing such service, the teacher shall refund to the School Committee the salary received by the teacher while on leave, unless excused for serious reasons by the Committee. In the event that a teacher, following the completion of a Sabbatical Leave under the provisions of this Agreement, does not return to the service of the Acushnet School Committee the following year, the teacher shall be required to pay the Acushnet School Committee the full cost of the salary paid to the teacher during the course of the approved leave.
4.0 Written request for sabbatical leave of absence, addressed to the Superintendent, shall be received by the Office of the Superintendent, no later than March 1st of the school year prior to the school year in which the leave is taken, whereupon the Superintendent will confer with the applicant and advise the School Committee of his recommendation.
TRANSFER AND REASSIGNMENT
1.0 A transfer or reassignment is defined as a change in grade and/or subject assignment of a member of the bargaining unit as a result of a vacancy caused by the resignation, retirement, termination, or death of a teacher. A vacancy may also result from the creation of a new position by the School Committee.
2.0 A vacancy that occurs after August 1st or during the school year shall be filled by temporary assignment by the Principal subject to the approval of the Superintendent without posting the vacancy. The vacancy shall be posted along with other vacancies on May 15th as provided below.
3.0 Vacancies that are known prior to May 15th for the following school year shall be posted in each school as far in advance as practicable, ordinarily at least ten (10) school days before the final date when applications must be submitted and in no event less than five (5) school days before such date. The posting shall set forth a description of and the qualifications for the position, including the duties and salary. The qualifications may be changed after the vacancy has been posted only if the Association has been notified and a new amended notice has been posted.
4.0 Vacancies that occur after May 15th and before August 1st shall be posted in each school for ten (10) school days if school is in session. When school is not in session the notice of vacancy shall be sent to the President of the Association and his designee. Teachers who desire to receive notification of any vacancies that occur prior to August 1st when school is not in session shall submit their names and addresses to the Superintendent. The posting and notification shall contain the same information required for the May 15th posting. Such notification shall be sent as far in advance as practicable, ordinarily at least ten (10) calendar days prior to the final date of application and in no event less than seven (7) calendar days prior to such date.
5.0 Teachers who desire a voluntary transfer to a vacancy shall file a written statement of such desire with the Principal or his/her designee within two (2) weeks of the posting of the position. Such statement shall include the position and/or grade and/or subject to which the teacher desires to be assigned and the school or schools to which he/she desires to be transferred, in order of preference, and a separate statement shall be filed in applying for each vacancy. Application for a vacancy when school is not in session shall be made in writing to the Principal or his/her designee no later than the final date for applications.
6.0 In the event no teacher submits a written application for a vacancy, it may be filled by an involuntary transfer. Notices of involuntary transfer shall be given to teachers as soon as possible, but no less than fifteen (15) calendar days prior to such transfer. A teacher may request a conference with Principal and the Superintendent to discuss the reasons for the transfer. If the teacher is not satisfied with the reasons(s), he/she shall have the right to file a grievance with the School Committee. The decision of the School Committee shall be final and binding as long as the procedure outlined in this Article has been properly followed.
7.0 The following factors shall be used in determining the selection of teachers for a voluntary transfer to a vacancy:
1. Prior teaching experiences, including grade level and subject area.
2. Education and training related to the vacant position.
3. Educational work history including, but not limited to prior evaluations and disciplinary record and other relevant factors listed in the posting.
4. Length of service as a teacher within the Acushnet Public Schools.
All factors being equal, length of service shall prevail.
8.0 A teacher who has been involuntarily transferred in accordance with this Article may not apply for his/her former position, if it becomes vacant within a period of two years.
9.0 All appointments to vacancies shall be made without regard to age, creed, religion, nationality, marital status, sex, ancestry, race or physical handicap, unless based upon a bona fide occupational qualification.
10.0 Bargaining unit member participation in the pedagogical practice known as looping shall be strictly voluntary. The Committee shall, upon execution of this Agreement, notify the Association in writing of all positions which are designated as looping positions. Should any of these positions become vacant, as defined by Section 1.0 of this Article, the actual component of the looping situation which becomes vacant shall be posted. The posting shall note that the position is a looping position.
If the Committee designates additional positions as looping positions, they shall so notify the Association. If neither of the positions involved in the newly created loop is vacant, this notification shall be sufficient. If one of the positions is vacant, as defined in Section 1.0 of this Article, it shall be posted noting that it is a looping position.
Bargaining unit members involved in looping shall continue in the normal rotation of the loop for as long as they retain such assignment. Looping positions shall ordinarily not loop more than two grades. The looping process shall not be used to circumvent the vacancy/transfer or seniority provisions of the contract. Consequently, any teacher who wishes to engage in a looping assignment must commit to at least a two-year period, and the looping assignment must involve two teachers looping into each others classes.
The Administration shall make every effort to obtain substitute teachers to replace regular teachers as necessary.
1.0 Teachers will immediately report in writing all cases of assault suffered by them in connection with their employment to the Principal of the school.
1.1 This report will be forwarded to the Superintendent which will comply with any reasonable request from the teacher for non‑privileged information in its possession relating to the incident or persons involved.
2.0 Any complaints regarding a teacher made to any member of the administration by a parent, student, or other person will be promptly called to the attention of the teacher. Complaints made to members of the School Committee will also be called to the teacher's attention if the member of the School Committee requests a report from the administration to the full Committee.
3.0 No teacher shall be dismissed, suspended, demoted, reduced in salary nor disciplined by being deprived of any professional advantage or position held by such teacher except in accordance with the provisions of the Massachusetts General Laws, Chapter 71.
4.0 A teacher without professional teacher status whose contract is not to be renewed shall have the right to meet with the Superintendent to discuss the decision not to renew his/her contract. At the teachers' request, the reasons for non-renewal will be reduced to writing.
1.0 Teachers who attend workshops approved by the Superintendent will be reimbursed for reasonable expenses.
1.1 Teachers using their own vehicles on school related business, excluding to and from school, shall be compensated for their mileage at the rate set by the Town, but in no event less than twenty (20) cents per mile.
2.0 Annually, the Committee shall earmark $23,000.00 of budgeted Professional Development funds for the purpose of tuition reimbursement. This amount shall not increase the cost of Professional Development to the Committee, but rather shall represent a reapportionment of expenditures.
Effective September 1, 2010, bargaining unit members shall be eligible for an annual grant of one thousand fifty dollars ($1,050.00) for the purpose of reimbursement of tuition and fees for approved courses. Effective September 1, 2011, bargaining unit members shall be eligible for an annual grant of one thousand one hundred dollars ($1,100.00) for the purpose of reimbursement of tuition and fees for approved courses. Effective September 1, 2012, bargaining unit members shall be eligible for an annual grant of one thousand one hundred fifty dollars ($1,150.00) for the purpose of reimbursement of tuition and fees for approved courses. Eligibility for the annual grant shall be on a first come, first serve basis.
All courses must be approved in advance by the Superintendent. Bargaining unit members seeking reimbursement must, prior to the commencement of a course, notify the Superintendents office in writing, on a form which will be provided, that they wish reimbursement for a particular course. An estimated cost is required when requesting reimbursement.
Evidence of satisfactory completion of the course must be presented to the Superintendent in order to receive reimbursement. Bargaining unit members must receive a grade of at least a B-or better in a graded course or a P in a pass/fail course. Bargaining unit members may apply for reimbursement for summer course work. Reimbursement forms, including such evidence, must be submitted within sixty (60) days of receipt by the bargaining unit member of his/her grade. Reimbursement will be made within sixty (60) days of receipt of the above-referenced information.
Eligibility for tuition reimbursement shall be on a first come, first serve basis. Bargaining unit members who apply for and for whom sufficient funds are not available, shall be considered first in the following year. All bargaining unit members who wish to take a spring semester course must make application, including to the Superintendents office, by no later than December 31.
In the event that funds allocated for reimbursement for tuition and fees are not fully expended, bargaining unit members (including nurses) may be reimbursed for additional courses up to an amount equal to their annual grant. In order to be eligible for additional reimbursement, a bargaining unit member must submit to the central office a completed course approval request form by May 31st and receive approval from the Superintendent. Furthermore, there must be sufficient funds available from the $23,000.00 budgeted by the Committee for tuition and fees. In the event that the $23,000.00 reimbursement cap has not been exceeded, the remaining funds will be divided, up to the amount of the annual grant, by the members who have been approved by the Superintendent. In the event that funds allocated for reimbursement are not fully expended or encumbered by May 31st of a given school year, the remaining funds shall revert back to the School Committee for expenditure for general education purposes.
1.0 There will be no reprisals of any kind taken against any teacher by reason of his/her membership in, or participation in the Association or any of its activities.
2.0 Teachers will be entitled to full rights of citizenship and no religious or political activities of any teacher or the lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.
3.0 If any provisions of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, then such provisions or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.
4.0 A teacher may resign by submitting a written notice to the Superintendent at least thirty (30) days in advance of its effective date.
5.0 The Association President will be sent a copy of the official agenda prior to each Committee meeting and a copy of the minutes of said meeting after their approval by the Committee.
6.0 Any complaints by staff members warranting a response by the Administration shall be promptly brought to the attention, in confidence, of their immediate supervisor and, if not resolved at that level, brought to the attention of the Superintendent of Schools.
7.0 Teachers shall not initiate contact with a parent for the purpose of making a recommendation concerning a child's educational program or placement without first discussing the recommendation with his/her supervisor.
8.0 Lesson plans must be readily available
for inspection by the administration.
Teachers are expected to use a district-generated lesson plan template
or another lesson plan format that includes identifying information, state
curriculum framework reference (learning strands and standards) or its
equivalent, objectives, instructional procedure/methodology, and assessment to
construct lesson plans for each academic discipline taught. Lesson plans shall be readily available for
the substitute teacher in the case when a teacher is out.
1.0 Effective September 1, 2010, a bargaining
unit member is eligible for an early retirement incentive of three thousand
five hundred dollars ($3,500.00) a year for the final two (2) consecutive years
before retirement or five thousand dollars ($5,000.00) for the final year
before retirement, provided he/she gives irrevocable notice of intent to retire
before October 1st of the year he/she starts to receive the benefit,
and has taught for not less than twenty (20) school years in the Acushnet
Public Schools as of the date of retirement.
The notice of intent to retire shall be provided in writing on a form
provided by the Superintendent and shall be
irrevocable when so submitted. A bargaining unit member shall receive an
additional five hundred dollar ($500.00) incentive upon retirement if his/her
retirement date is on the last day of a school year and said teacher does not
use more than ten (10) sick days in the last school year before retirement.
1.1 Written notice must be received by the Superintendent no later than October 1. Payment will become effective the following September and will be added to the regular pay and paid in one lump sum in June, unless otherwise provided for in this Agreement.
1.0 Upon the retirement of a staff member covered by the provisions of this Agreement, who has successfully completed ten (10) years of service in the Acushnet School System, that staff member will receive, in one lump sum, thirty dollars ($30.00) for each day of actual accumulated sick leave limited to two hundred (200) days, provided that said staff member has given one (1) year advanced notice of intent to retire.
2.0 Upon the death of a staff member covered by the provisions of this Contract, his/her estate shall receive, in one lump sum, thirty dollars ($30.00) for each day of actual accumulated sick leave limited to two hundred (200) days.
3.0 This Article applies only to members of the Bargaining Unit.
1.0 The Committee and the Association agree that important committee or council work must be addressed outside of the regular work day. Examples of the tasks of these committees or councils include but are not limited to the following: assessing and revising curriculum, instruction, and assessment practices; data analysis; selecting textbooks; compiling data for accreditation or for DESE audits; coordinating long-term projects; evaluating and making suggestions regarding school improvement efforts; analyzing and recommending changes in the areas of professional development, safety, technology, public relations, wellness, and academic support; researching specific problem areas; and conducting in-depth studies.
2.0 The Principal or Superintendent may require each bargaining unit member to serve on one (1) committee or council outside of the regular work day. Committee and council meetings will be held up to two (2) times per month as designated by the Principal or Superintendent. Each meeting shall not exceed one (1) hour except if agreed to by the participant. Each bargaining unit member may agree to participate on his/her assigned committee or council more frequently. Committees and councils will meet during non- school hours and without additional compensation. Membership on all other committees or councils shall be voluntary.
3.0 The Principal may require each bargaining unit member to attend up to one (1) staff meeting per month outside of the regular work day. Each meeting shall not exceed one (1) hour except if agreed to by the participant.
4.0 All books, materials, devices, or products which result from the regular prescribed duties of persons for which they are employed by the school system shall remain the property of the school system, and the school system shall retain all rights and privileges pertaining to the ownership thereof.
EXTRA DUTY PAY
The Committee and the Association recognize the value of providing supplementary programs of activity and of an educational nature which extend beyond the normal day. It is also recognized that equal opportunity for professional staff to offer worthwhile activities will provide a diversity of programs for students. Services, voluntary or involuntary, provided for after‑school activities not covered by the Contract but recommended by the Superintendent of Schools, will be compensated at the same rate regardless of the type of activity.
Rate per hour: $27.50
NOTE: Afternoon activities will consist of a minimum of one (1) hour of instruction.
A. Effective January 1, 1987, the rates of pay for various levels of academic preparation shall be as detailed in Appendices A which are attached to and a part of this Agreement. Teachers will be paid bi-weekly in equal installments. Effective September 1, 2010, paychecks for all new employees shall be made by direct deposit. A new employee for purposes of this section shall be any bargaining unit member who begins work at the start of the 2010-2011 school year or thereafter. In addition, existing employees who currently use direct deposit for the entire amount of their check cannot opt out of direct deposit. All direct deposit pay stubs will only be made available for pickup at the business office during vacation and summer months unless a bargaining unit member provides the business office with self-addressed stamped envelopes so that the stubs may be mailed.
B. The annual increments shall become effective on the first payday of each new academic year, normally in September. They are not automatic, but are dependent on continued satisfactory service and on compliance with requirements of professional development and education improvement.
The Committee reserves the right, "for just cause", to:
1. Withhold step increments for teachers not on maximum.
2. Withhold all or part of any increase for teachers at maximum provided such withholding does not reduce the salary below that specified for Step 9 for the year 19998-1999, Step 10 for the year 1999-2000, and Step 11 for the year 2000-20001 and thereafter.
3. The Administration reserves the right to place teachers new to its employ on any step of the approved salary scale provided that such placement is arrived at by mutual agreement between the employee and the Superintendent.
C. A deficiency judged serious enough to be caused for withholding salary as outlined in paragraph B shall be reviewed with the teacher in question and the Superintendent or his/her designee as soon as the deficiency is apparent. After proper and fair review of the alleged deficiency, the teacher shall be given a mutually agreed‑upon length of time to correct the deficiency. A second review shall be made following the expiration of the correction period. If, in the judgment of the Superintendent, the deficiency has not been satisfactorily corrected, a written warning notice shall be given said teacher or teachers by January 30th that said teacher or teachers are in danger of having his/he or their increase(s) withheld for the following year. The teacher or teachers will then have an additional thirty (30) working days to satisfactorily correct the deficiency before any formal action is taken.
After following the procedure outlined above, in the judgment of the Superintendent, the deficiency has not been corrected, the Superintendent may recommend to the Committee the withholding of increase for the teacher or teachers involved. Action by the Committee shall only be on the specific recommendation of the Superintendent.
provisions of §A above concerning bi-weekly installments shall become effective
only upon adoption of the same system by the entire Town of
TERMINATION OF SERVICE
1.0 Professional staff members of the Acushnet School System shall give thirty (30) days' notice when terminating their services.
2.0 The following procedure will be used in the establishment of seniority and reduction in staff.
2.1 For all bargaining unit members employed prior to July 1, 1995, seniority is hereby defined as the length of continuous employment by the School Committee from the date of the vote of appointment for regular full‑time professional employment with the Acushnet Public Schools. For bargaining unit members employed subsequent to July 1, 1995, seniority is hereby defined as the length of continuous employment by the School Committee from the date of appointment by the Superintendent. Seniority shall be accrued for the first year of an approved leave of absence, either with or without pay, maternity leave, military leave, or upon reinstatement as a result of the recall provisions contained in this Article. If a teacher is on leave of absence without pay for more than one (1) year (except military leave) he/she shall not accrue seniority during this additional period so that seniority date of the teacher shall be adjusted to reflect this additional period of absence, provided that a teacher on a leave of absence for more than one (1) year who is paid for a minimum of one hundred five (105) days in the second or third year of his/her absence shall receive full seniority credit for the year. Seniority shall be interrupted by resignation, retirement, failure to return to the employ of the School Committee upon recall under this Article, layoff exceeding two (2) years, or is discharged or terminated for cause. A seniority list specifying the seniority of each member of the bargaining unit shall be forwarded to the President of the Association within thirty (30) days of the opening of school and updated annually.
2.2 In a case involving employees who have identical seniority, the employees who have the higher level of educational attainment as recognized in Appendix A shall be credited with greater seniority. In the event of identical seniority and educational attainment, the Committee, upon the recommendation of the Superintendent, reserves the right to the final determination of the employee to be laid off.
2.3 Whenever it is necessary to decrease the size of the teaching staff because of insufficient funds, decrease of student population, reorganization or other emergency which makes necessary to decrease the size of the teaching staff, the School Committee may cause the necessary number of teachers to be laid off without pay. The School Committee shall first lay off non professional status teachers before any professional teacher may be laid off. The termination of non professional status teachers may be made without regard to seniority.
2.4 The termination of professional status teachers shall be made in the inverse order of seniority in the area of teaching where the overstaffing exist using the list established pursuant to the provisions of paragraph 2.1 above. The least senior teacher in this area shall be laid off first. When a professional status teacher is laid off due to a reduction in work force, he/she shall be permitted to exercise his/her seniority right to bump (replace an employee with less seniority) if said teacher is qualified and certified to teach in another area. For the purpose of this Article, a layoff or reduction in force shall be deemed to have taken place at the time notice is given that the professional status teacher will not be further employed. In the event a professional status teacher replaces a less senior teacher in a different area of certification, the Committee reserves the right to evaluate the teacher three (3) times per school year for two (2) consecutive school years under the procedures outlined in Article X.
2.5 Teachers who have been terminated in accordance with this Article will have recall rights for two (2) years from the date of their layoff. No new appointments to positions vacated by professional status teachers only shall be made while there are available professional status teachers who are laid off and qualified to fill the vacancy unless such teachers fail to advise the Superintendent of their acceptance of employment (recall) within fifteen (15) days from the date of notification by the School Committee of positions available. Teachers on layoff shall have preference on the substitute list in the area of their certification. Teachers on layoff shall be recalled in order of seniority so the teacher with the greatest seniority shall be recalled first. Non professional teachers shall be entitled to recall rights under this Article only if they have been terminated or laid off for budgetary or economic reasons.
RIGHTS AND OBLIGATIONS OF THE SCHOOL COMMITTEE
Except where modified by provisions of this Agreement, it is agreed that the Committee, through the Superintendent of Schools and other designated administrative representatives, is vested with and retains the right to direct its employees, to hire, promote, transfer, assign, and retain employees with the Acushnet Public Schools; to suspend, demote, discharge, or take other disciplinary actions against employees for just and legal causes; to relieve teachers without professional teacher status from duty at the end of the school year for lack of work, for inefficiency, failure to show adequate professional growth, or other legitimate reasons, without the necessity of having to state them formally; to maintain the efficiency of the operations entrusted to it; to determine the method, means, and personnel by which such operations are to be conducted; and to establish curricula and take whatever action may be necessary to carry out its mission of providing a quality educational program for the children and youth of the Town of Acushnet.
The School Committee has the right to promulgate reasonable policies and regulations pertaining to the employees covered by this Agreement. It is acknowledged that this right is vested exclusively in the School Committee so long as the policies and regulations do not specifically conflict with any terms or conditions of this Agreement.
The Committee retains all rights vested in it by the General
Laws of the
The following additional benefits and conditions of employment shall apply to part‑time teachers:
a. Severance Pay ‑ available at same rate as full‑time teachers based on accrued sick leave.
b. Extra Duty Pay ‑ available at same hourly rate as full‑time teachers.
c. Early Retirement Incentive ‑ not available to part‑time teachers.
d. Following Articles in Full‑Time Contract Apply:
(i) ARTICLE VI and VIIA ‑ Deductions and Agency Fee;
(ii) ARTICLE XVI ‑ Substitute Teachers;
(iii) ARTICLE XVII ‑ Teacher Protection;
(iv) ARTICLE XVIII ‑ Professional Development;
(v) ARTICLE XIX ‑ General;
(vi) ARTICLE XXVI ‑ Management Rights;
e. Seniority ‑ Part‑time teachers shall receive full year credit for seniority purposes as provided for in ARTICLE XXV, Paragraph 2.1.
f. Longevity ‑ will be pro‑rated for full‑time teachers recalled to part‑time positions.
A. There shall be a mentoring program for
all teachers within the
C. All potential new mentors will be trained in the district training program. Ten (10) Professional Development Points will be awarded for (a) attending mentoring training and (b) for attendance at a minimum of 3 out of 4 meetings per year. These meetings shall be held after school hours and shall be scheduled for no longer than one and a half (1.5) hours.
D. Mentors shall receive a stipend of one thousand dollars ($1,000.00) to mentor a person who is new to teaching. New to teaching is defined as three (3) or less years of teaching experience or never having completed a mentoring experience as required by the DESE. In addition, for those teachers new to the district who do not meet the aforementioned criteria, the Superintendent shall have the ability to assign a mentor when he/she deems it appropriate. One mentor shall be assigned to one new teacher for a period of one year. Normally, the formal mentoring process shall not last longer than one year.
E. The Superintendent of Schools, or his/her designee, shall act as the mentor coordinator to oversee the mentoring programs at all schools. The mentor coordinator shall coordinate mentor/mentee training and meetings, professional development activities, and problem solving, etc. for the program.
F. All mentors and mentees may receive one (1) day per year in addition to those available under the parties collective bargaining agreement for use to attend a conference and/or workshop on subject matters related to mentoring and/or the mentees subject area of instruction.
G. All mentors shall receive fifteen (15) Professional Development Points (PDPs) for their mentoring work during the school year. All mentors understand that for recertification purposes, the Department of Education will only count the PDPs for two out of a possible five years during which he/she serves as a mentor.
H. Mentors and mentees shall receive release time once per month equivalent to no more than two (2) periods in a regular school day. Said release time shall be for the first semester of the school year only. The Administration reserves its right to coordinate release time among teachers in order to provide substitute coverage.
I. Mentors shall be matched as closely as possible with their mentee according to grade level and discipline by a team consisting of the superintendent and the building principal.
J. Retirees who have maintained their certification may be asked to mentor in their discipline area. Current employees will be given first consideration.
K. Mentors shall keep a log of their meeting time with their mentee. Mentors shall meet with their mentee a minimum of twice per month. Logs shall be returned to the coordinator at the end of the second term and at the end of the year. The journal of notes on observations or other professional conversations between the mentor and mentee shall be absolutely confidential to the mentor and the mentee and at the conclusion of said school year, shall become the property of the mentee.
L. The mentors and the mentee shall provide feedback to the Superintendent concerning their mentoring experience.
M. Mentors and mentees shall be required to attend a one-day orientation session to be held prior to the opening of school.
N. If the mentor and/or the mentee deem the relationship incompatible and/or ineffective, the following steps will be implemented:
3. If, after meeting with the Mentor Coordinator, it is still deemed to be an ineffective relationship, either or both parties should indicate(s) in writing to the Superintendent they wish to terminate the relationship;
4. If possible, the mentor shall be assigned and the mentee will be assigned another mentor;
5. If the mentor cannot be reassigned another mentee, the mentors stipend will be prorated based on the month that the relationship was terminated.
This agreement inclusive of Appendices A, B and C shall be effective September 1, 2010 and remain in effect through August 31, 2013, and shall thereafter automatically renew itself for successive terms of one (1) year each unless, by November 1st next prior to the expiration of the agreement year involved, either the Committee or the Association shall give the other written notice of its desire to modify or terminate this agreement.
ACUSHNET TEACHERS ASSOCIATION ACUSHNET SCHOOL COMMITTEE
A. Courses for certification for a teacher's certificate do not apply as increment.
B. Courses must be approved by the Superintendent.
II. SERVICE INCREMENTS:
A service increment shall be based on an individual's total years of service as an employee of the Acushnet Public Schools.
A. After 10 years of teaching. $750
B. After 15 years of teaching. $850
C. After 20 years of teaching. $950
D. After 25 years of teaching. $1,050
E. After 30 years of teaching. $1,200
Service increments shall be paid in one lump sum on the first pay period in December.
Bargaining unit members may receive up to five (5) years credit for teaching prior to working in Acushnet toward receipt of the service increment. Teaching is defined as acting in the role of a teacher or another related position that exists in the bargaining unit in a public or private school district. Work as a contractor or as a substitute does not apply.
III. ADDITIONAL SALARIES
A. EXTRACURRICULAR 9/1/10 9/1/11 9/1/12
1. Intramural 1720 1737 1763
2. 8th Grade Advisors 264 267 271
3. Yearbook Advisors 397 401 407
4. Drama Club Advisors 593 599 608
5. After School Chorus/ 529 534 542
6. Mock Trial Advisor 529 534 542
7. Art Club Advisor 529 534 542
8. Newspaper Advisor 529 534 542
9. Junior National Honor Society 794 802 814
10. Shakespeare Festival Advisor 529 534 542
11. Computer Program for Elderly 150 152 154
B. ATHLETICS 9/1/10 9/1/11 9/1/12
1. Football 1108 1119 1136
2. Basketball (boys) 1108 1119 1136
3. Volleyball (boys) 1108 1119 1136
4. Soccer 1108 1119 1136
5. Soccer (girls) 1108 1119 1136
6. Basketball (girls) 1108 1119 1136
7. Volleyball (girls) 1108 1119 1136
8. Field Hockey 1108 1119 1136
1. Guidance (Middle School Only) 1059 1070 1086
2. Reading Supervisor 1323 1336 1356
3. Sp Ed Bldg Coordinators 1720 1737 1763
4. Team Leader 816 824 836
In order for a stipendiary position to be considered for listing in the Agreement, it must have been in existence for at least two (2) years regardless of the funding source and it must have been approved by the School Committee.
Steps BA/BS B+15 B+30 B+45 M M+15 M+30 M+45 CAGS
1 36659 37509 38117 38521 38685 39290 39899 40302 40585
2 38331 39177 39785 40190 40351 40957 41565 41975 42255
3 39995 40846 41454 41859 42021 42627 43234 43640 43920
4 41415 42264 42872 43278 43442 44085 44654 45057 45340
5 44466 45315 45924 46329 46491 47099 47703 48109 48392
6 46481 47329 47939 48343 48501 49110 49718 50120 50407
7 48845 49696 50301 50707 50868 51478 52081 52489 52769
8 52441 53292 53900 54303 54467 55072 55679 56085 56367
9 55062 55958 56594 57019 57190 57825 58461 58891 59186
10 58229 59175 59847 60297 60480 61151 61826 62274 62590
11 61883 62890 63605 64085 64276 64991 65707 66185 66517
*Effective September 1, 2010, the nurses shall move to the Bachelors lane on the teacher salary schedule.
Steps BA/BS B+15 B+30 B+45 M M+15 M+30 M+45 CAGS
1 37026 37884 38498 38906 39072 39683 40298 40705 40991
2 38714 39569 40183 40592 40755 41367 41981 42395 42678
3 40395 41254 41869 42278 42441 43053 43666 44076 44359
4 41829 42687 43301 43711 43876 44526 45101 45508 45793
5 44911 45768 46383 46792 46956 47570 48180 48590 48876
6 46946 47802 48418 48826 48986 49601 50215 50621 50911
7 49333 50193 50804 51214 51377 51993 52602 53014 53297
8 52965 53825 54439 54846 55012 55623 56236 56646 56931
9 55613 56518 57160 57589 57762 58403 59046 59480 59778
10 58811 59767 60445 60900 61085 61763 62444 62897 63216
11 62502 63519 64241 64726 64919 65641 66364 66847 67182
Steps BA/BS B+15 B+30 B+45 M M+15 M+30 M+45 CAGS
1 37581 38452 39075 39490 39658 40278 40902 41316 41606
2 39295 40163 40786 41201 41366 41988 42611 43031 43318
3 41001 41873 42497 42912 43078 43699 44321 44737 45024
4 42456 43327 43951 44367 44534 45194 45778 46191 46480
5 45585 46455 47079 47494 47660 48284 48903 49319 49609
6 47650 48519 49144 49558 49721 50345 50968 51380 51675
7 50073 50946 51566 51982 52148 52773 53391 53809 54096
8 53759 54632 55256 55669 55837 56457 57080 57496 57785
9 56447 57366 58017 58453 58628 59279 59932 60372 60675
10 59693 60664 61352 61814 62001 62689 63381 63840 64164
11 63752 64789 65526 66021 66217 66954 67691 68184 68526
Acushnet Public Schools
Teacher Observation/Evaluation Plan
Table of Contents
Professional Evaluation Committee Members 41
Evaluation Criteria 42
Observation/Evaluation Procedures 43
Observation/Evaluation Process 44
Teachers with Non-Professional Status
Teachers with Professional Status
Attachment A Observation Report Form 46
Attachment B Summative Evaluation Form 47
Attachment C Guidelines for Pre-Observation Conference 48
Attachment D Guidelines for Post-Observation Conference 49
John Tavares, Chairman
This plan reflects the work of both teachers and administrators in developing an observation and evaluation model which meets the criteria of the Commonwealth of Massachusetts Department of Education regulations on evaluation and the "Principles of Effective Teaching".
In developing our own unique model we adopted elements of Jon Saphier's work of Research for Better Teaching from his text How to Make Supervision and Evaluation Really Work.
This plan is designed to create a responsible, cooperative process shared by teachers and administrators which fosters professional improvement, growth, and a focus on improved instruction.
The purpose of evaluation is to provide information to promote professional effectiveness and growth. The evaluation will be accomplished through an exchange of information between the person being evaluated and the evaluator to provide a record of facts and assessments. It is an ongoing process of defining goals and of identifying, gathering, and using information as part of a procedure to improve professional performance in accordance with the principles of effective teaching.
The Acushnet School Community believes that professional development is augmented by a process of evaluation which includes:
F A regular schedule of observation and evaluation based upon the principles of effective teaching and clinical observation.
F A high level of professional performance which recognizes the mutual responsibilities of teachers and administrators to professional practices which enable students to grow and progress to their potential.
F Encouragement of creativity, experimentation and risk taking within the effective principles of teaching in an open, non-threatening, and non-judgmental process of collegial growth.
F Freedom from racial, sexual, religious and other discrimination and biases as defined in state and federal law.
Principles of Effective Teaching
The Principles of Effective Teaching promulgated by the Department of Elementary and Secondary Education. A copy of these principles shall be placed in both teacher handbooks.
All observation of professional performance shall be conducted openly and with full knowledge of the teacher. All written evaluations of a professional employee shall be completed and filed in accordance with a clinical supervision process and/or in accordance with a self-evaluation described in this procedure.
Pre-Evaluation Conference: The staff member and evaluator will discuss the goals, objectives, plans, and constraints for the evaluation cycle.
Pre-Observation Conference: The staff member and evaluator will discuss the goals, objectives, plans and constraints for the lesson to be observed. This conference will occur at a mutually agreed upon time prior to the planned observation. Pre-Observation conferences shall not be required for unannounced observations.
The Observation: The evaluator will observe and record an account of what is seen and heard.
The Post-Observation Conference: The evaluator and staff member will share the observation data. The data will be assessed to make judgments about the effectiveness of the lesson. Recommendations may be made to assist in the implementation of effective teaching practices. The conference will occur at a mutually agreed upon time within two weeks of the observation.
The Post-Observation Report: This report will reflect in a written narrative the evaluator's observations with a structure that uses a series of claims, evidence, interpretation, judgment, and suggestions. This written report will be presented in a conference no later than thirty days following the post-observation conference.
The Summative Evaluation: The summative evaluation will be a written narrative which describes and evaluates performance in the areas of effective teaching as described in the evaluation criteria. Areas of concern noted in post observation reports will be commented upon by the evaluator as to progress.
The Evaluator: Elementary Principal, Middle School Principal, Director of Special Needs, Superintendent of Schools. Individuals trained in supervision according to Article 603 CMR Sec. 35.06(c).
Teachers with Non-Professional Status
Teachers with non-professional status will be evaluated yearly as follows:
Year One: A minimum of three observations will be conducted:
F By October 15 - Pre-Evaluation Conference
F By November 15 - Observation with Pre-Observation Conference with Post-Observation Conference
F By February 15 Observation with Post-Observation Conference
F By April 15 - Observation with Pre-Observation Conference with Post-Observation Conference
F By May 15 - Summative Evaluation
Following each observation period within the cycle one additional observation will occur if requested by either the teacher or evaluator.
Years Two and Three: A minimum of two observations will be conducted:
December 15 - Observation with
F By April 15 Observation with Pre-Observation Conference with Post-Observation Conference
F By May 15 - Summative Evaluation
Following each observation period within the cycle one additional observation will occur if requested by either the teacher or the evaluator.
All observations will be followed with a Post-Observation Conference and a Post-Observation Report. All written observations and evaluations for teachers not on professional status will be come a part of the individual's personnel file.
Teachers with Professional Status
Teachers with professional teacher status will be formally evaluated once in a two year cycle. One year of the cycle will include an observation and an evaluation procedure as follows:
A minimum of two observations:
F By December 15 Observation with Post-Observation Conference
F By April 15 Observation with Post-Observation Conference
F By May 15 - Summative Evaluation
Following each observation period within the cycle one additional observation will occur if requested by either the teacher or the evaluator.
Only the written summative evaluation will become a part of the individual's personnel file.
Notwithstanding the placement of a teacher within the evaluation cycle, either the teacher or their primary evaluator may request, and such request shall be granted, that a minimum of two observations and a summative evaluation take place in any year of the cycle.
NOTE: The Placement of teachers with professional status within the two year cycle will initially, upon adoption of this plan, be determined by lot. This random selection process will occur within two weeks of this procedures ratification with representatives chosen by the Acushnet Teachers Association present with representatives of the School Department Administration. One half of all such teachers to be selected to each year of the cycle.
As teachers move to professional status, their placement on the cycle will be determined by the administration.
Date _________ Beginning Time _____________ Ending Time ___________
Announced ¨ Unannounced ¨
The observation report will identify teacher's moves and patterns of behavior (claims), supported by quotes or description of behavior (evidence). The report will also include the effect on students or the significance of the teaching act (interpretation) and the evaluator's assessment of the teaching (judgment). Suggestions for growth and/or improvement may also be included. (use as many as sheets as necessary)
Signatures below indicate that a conference between the teacher and evaluator was held. The teachers signature on the form indicates that he/she has seen all comments on the form. The teacher's signature does not necessarily indicate agreement with the observation form.
EVALUATOR ______________________________ Date ___________________
TEACHER ______________________________ Date ___________________
Record below in narrative form a description and evaluation of performance in the areas of Principles of Effective Teaching as described in the evaluation criteria.
1. Currency in Curriculum
2. Effective Planning and Assessment of Curriculum and Instruction
3. Effective Management of Classroom Environment
4. Effective Instruction
5. Promotion of High Standards and Expectations for Student Achievement
6. Promotion of Equity and Appreciation of Diversity
7. Fulfillment of Professional Responsibilities
(use as many sheets as necessary)
Recommend unconditional reappointment: Yes ¨ No ¨
Recommend reappointment subject to the following conditions: Yes ¨ No ¨
Signature of Staff Member Signature of Evaluator
Date_____________ Date _____________
Signatures above indicate that a conference between the teacher and evaluator was held. The teachers signature does not necessarily indicate agreement.
Before the Lesson
. . . teacher and observer discuss/clarity (in any sequence)
1. What is the mastery or thinking objective of the lesson?
2. What has led up to/will follow this lesson?
3. What is the sequence of events within the lesson?
4. What teaching strategies/behaviors will the teacher be experimenting with?
5. What student behaviors does the teacher hope to hear/see?
6. How are the teaching strategies, desired student behaviors and desired outcomes/objectives related?
7. Does the teacher have any particular concerns regarding any of the above? or any additional information he/she would like to share with observer?
8. What kind of data would the teacher like the observer to collect?
Adapted from Jan Saphier's "How to Make Supervision and Evaluation Really Work"
After the lesson
. . . the teacher reflects . . . the observer follows the lead of the teacher
1. How did you (the teacher) feel about the lesson?
2. What do you remember about the students' behaviors? How did the students behavior compare to what you had planned/hoped for?
3. How did your own teaching strategies and behaviors compare to what you had planned/hoped for?
4. To what extent were your objectives achieved?
5. Why do you suppose this lesson worked? Didn't work?
6. What insights or conclusions do you draw from this lesson?
7. If you were to do it again, is there any way in which you would reshape it? What are the "keepers"?
8. What are you finding useful/helpful about this observation process? Is there anything we might want to do differently next time?
Adapted from Jan Saphier's "How to Make Supervision and Evaluation Really Work"
Reasons need not be clarified.