Bellingham

Show detailed information about district and contract

DistrictBellingham
Shared Contract District
Org Code250000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersBlackstone Valley RVSD
CountyNorfolk
ESE RegionGreater Boston
Urban
Kind of Communityeconomically developed suburbs
Number of Schools7
Enrollment2635
Percent Low Income Students17
Grade StartPK or K
Grade End12
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AGREEMENT

BETWEEN THE

BELLINGHAM SCHOOL COMMITTEE

AND THE

BELLINGHAM TEACHERS' ASSOCIATION

BELLINGHAM, MASSACHUSETTS

EFFECTIVE SEPTEMBER 1, 2013 - AUGUST 31, 2016

ARTICLE I

RECOGNITION

Section 1-Bargaining Agent

Subject to the terms and provisions hereinafter provided and in accordance with the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, the Bellingham School Committee (the "Committee") during the term of and to the extent provided in this Agreement recognizes the Bellingham Teachers' Association (the "Association") as the exclusive collective bargaining agent with respect to salaries, wages, hours of work and conditions of employment in the bargaining unit consisting of classroom teachers, guidance counselors, department heads, coaches, academic coordinators, special needs teachers, itinerant teachers, librarians, remedial teachers, and nurses employed by the District. Except when the Association is notified in writing, the Committee designates the Superintendent of Schools or his designee as the agent of the Committee with respect to the administration of the provisions of this Agreement. The provisions of this paragraph are intended only to describe the Professional Employees covered by this Agreement and not any particular work and all reference to a Professional Employee in this Agreement shall be deemed to include male and female employees, as the case may be.

Section 2-Professional Employees

The professional employees represented by the Association as aforesaid are the members of the professional staff covered by this Agreement and will be hereinafter referred to as "members of the Association" or "members".

Section 3 - Exclusivity

Unless another employee organization shall have been designated as the exclusive representative of the members, the Committee agrees mat so long as this Agreement shall continue in effect, it will not recognize any organization other than the Association for the purpose specified in Section 1.

Section 4 - Exclusion

Members in funded programs outside of the regular school budget will be subject to all provisions of this contract except areas which would require additional local financing. The School Committee is not committed to assume any cost of programs not funded in the local school budget.

ARTICLE II

GRIEVANCE PROCEDURE

It is the declared objective of the parties to encourage prompt resolution of grievances. The parties recognize the importance of prompt and equitable disposition of any complaint at the lowest organizational level possible. Any member of fee Association shall have the grievance promptly considered on its merits.

Section 1 - Definitions

A.   "Grievance" is a claim based upon the interpretation, meaning, or application of any of the provisions of this Agreement or any subsequent agreement entered into pursuant to this Agreement.

B.   An "Aggrieved Person" is the person or persons making the claim.

C.  A "Party in Interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

D.  The "Professional Rights and Responsibilities Committee" is the committee composed of members from the Bellingham School System representing the Teachers' Association for the purpose of collective bargaining.

Section 2 - Presentation of Grievances

A.  Grievances of members will be presented in the following manner:

School Level (Step 1). The aggrieved member may present a grievance in writing to a member of the Professional Rights and Responsibilities Committee or to the Principal. The member and the Principal will confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. Whenever a grievance is presented to the Principal, the Association will be given the opportunity to express its views at the request of the aggrieved member. The Principal will communicate his or her decision in writing to the aggrieved member and/or the Association Representative within five (5) school days after receiving the complaint.

B.  Superintendent (Step 2). If the grievance is not resolved at Step 1, the aggrieved member and the Association Representative, at the request of the aggrieved member, may appeal to the Superintendent in writing, including a statement of the grievance, within five (5) school days after receipt of the Step 1 decision. The Superintendent will arrange for a conference with the aggrieved member. The aggrieved member, the Association Representative, at the request of the aggrieved member, the Principal and his or her immediate supervisor will be invited to attend this conference and state their views. The Superintendent will issue a written decision on the grievance to the aggrieved member as soon as possible but not later than fifteen (15) school days after the receipt of the appeal.

C. The School Committee (Step 3). If the matter being grieved is subject to the authority of the School Committee, then the decision of the Superintendent may be appealed in writing, including a statement of the grievance, by the member or the Association Representative, at the request of the aggrieved member, to the School Committee within ten (10) school days after receipt of the Step 2 decision. The Committee, at its next meeting, will meet with the aggrieved member and the Association Representative, at the request of the aggrieved member, the Superintendent, and/or the Principal. The School Committee will notify, in writing, the aggrieved member and the Association Representative, at the request of the aggrieved member, of its decision not later than the next regular School Committee meeting.

D. The time limits specified in any step of this procedure may be extended in any specific instance by mutual agreement.

Section 3 - Process and Determinations

A. Each written statement of a grievance will include (1) a concise statement of the facts constituting the grievance; (2) a reference to the applicable provision(s) of this Agreement; and (3.) the date upon which the act of omission giving rise to the grievance occurred and, if applicable, the later date upon which the member first learned or should have learned of the same and a concise statement of the reasons why the member should not be held to have learned of the same earlier. Each statement under Step Two or Three will be signed on behalf of the Association by its President or Vice President or the Chairperson or Vice-Chairperson of the PR & R Committee. A member may have representation in addition to the Association.

B. Determination of a grievance will be in writing and will include a statement of the reasons for the decision. Copies will be sent to the Association, the Committee, the Chairperson of the PR & R Committee (if any), and to the aggrieved member (if fewer than 3).

C.   All grievances will be responded to in writing within the timelines established herein. If a timeline has been mutually changed in writing, then the written response will be made within that extended timeline.

D.   Time for meetings to discuss grievances will be scheduled outside of the school day unless in the judgment of the Superintendent in the case of a Step Two proceeding, or of the Committee, in the case of a Step Three proceeding, a meeting during the school day is desirable to facilitate the production of appropriate information. Attendance by members and by Association representatives at grievance meetings held during the school day will constitute an authorized absence without loss of pay.

E.   With the approval of the members), the PR & R Committee may request, and the School Committee will make available, such documents and data as the School Committee may possess which pertain to the grievance and are public records.

F.   Forms for presenting grievances and other necessary documents will be jointly prepared by the Superintendent, subject to the approval of the Committee and the Association, and given appropriate distribution.

G.  The meetings held for hearing the grievance at Step One, Two, or Three will be private and/or in executive session with no release to the media prior to the final disposition of the grievance.

Section 4 - Precedent/Records/Reprisals

A.  Precedent. A written record will be made of the disposition of any grievance at Step Two or Three. If such disposition becomes final by acceptance by the Association, such disposition will apply to all future complaints based on the same conditions.

B.  Records. While both parties may maintain files of grievances and disposition thereof, the Committee will not make any entry or file any paper in the personnel file of any member involved in a grievance except as may be required to implement the disposition thereof.

C.  Reprisals. No reprisals of any kind will be taken by any party against any person who participates in any way in any grievance proceeding by reason of such participation.

Section 5 - Exception

In those cases in which the act or condition giving rise to the grievance should have been made known to the members upon the occurrence of the act or condition, the grievance will be presented not later than the tenth (10th) school day following such occurrence. In these cases in which the member affected could not, with diligence, have had knowledge of the act or condition until some time after its occurrence, the time for presenting the grievance will be measured from the first date upon which the member should have known of the act or condition. The burden of establishing a date that is later, will be upon the member, but a dispute as to whether Step One procedure has been commenced within the time period provided may be treated as a grievance starting at Step Three. In those cases where grievances are alleged as a result of action, notice of which under any provision of this Agreement or of published Committee policy is given by notice to the Association or to affected members by publication, the date from which the time for presenting the statement will be measured will be the date upon which notice is given unless such notice shall be given during the period commencing on the fifth (5th) school day prior to the closing of schools in June and ending on the day before schools open in September. In cases in which the foregoing exception applies, the time for presenting the statement will expire at the close of business on the tenth (10th) school day of the term beginning in September.

Section 6 - Arbitration

A.  If a grievance involving the interpretation or application of any provision of this Agreement shall not have been disposed of under Step Two and/or Step Three (whichever is appropriate) of the grievance procedure, to the satisfaction of the member and the Association, the Association may, not later than ten (10) school days next after receipt of the decision, initiate arbitration of the grievance by giving written notice of desire for arbitration.

B.   The Committee and the association, acting by its PR & R Committee, will then endeavor to agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to serve. If an arbitrator willing to serve has not thus been selected within seven (7) school days after such written notice has been given, either the Committee or the Association may request the American Arbitration Association for a panel of arbitrators. The Voluntary Labor Arbitration Rules of the American Arbitration Association will, except as specifically provided otherwise in this Agreement, govern the selection of the arbitrators and the conduct of the arbitration proceedings.

C.   The arbitrator will render a decision in writing no later than twenty (20) days or in accordance with the rules of the American Arbitration Association from the date of the close of the hearings, or, if oral hearings have been waived from the date the final statements and proofs are submitted to him or her. The arbitrator will have no power or authority to make any decision which requires the commission of any act prohibited by law or which would modify, alter, add or subtract from any of the terms of this Agreement. The decision of the arbitrator will be submitted to the Committee and to the Association and, if within his or her jurisdiction and subject to law, will be final and binding, provided that the arbitrator shall not usurp the functions and powers of the Committee.

D.    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 Committee and the Association, but each party will bear its own expense for the presentation of the case.

ARTICLE III

OBSERVANCE OF DUTIES

Section 1 - No Strike

The Association and the members acknowledge that in view of the willingness of the Committee to enter into this Agreement and thereby to demonstrate its concern for the improvement of the position of the professional staff of the Bellingham Schools, the Association and the members have professional obligations to the children enrolled. Accordingly, the Association agrees for itself and the members that during the term of this Agreement as it may be renewed or extended neither it nor they will, directly or indirectly, engage or participate in, cause or sponsor any strike, work stoppage, slowdown or withholding of services by any professional employee of the Committee or any activity looking toward or encouraging any such act, whether sympathetic or otherwise.

Section 2 - Responsibilities

While a negotiated agreement is in effect, should any strike work stoppage, slowdown, withholding of services occur, whether or not the Association shall be a participant therein, the Association shall forthwith use its best efforts to cause the persons involved to resume and continue their services.

Section 3 - Results of Action

In the event that any violation of this Article should occur, each individual concerned shall be deemed by his/her own action to have resigned voluntarily from the Bellingham Schools and the Committee shall have the right to seek redress from the Association for its damages, provided that the Committee shall not be entitled to money damages from the Association if and so long as the Association fully observes its undertaking in Section 2.

ARTICLE IV

HOURS AND ASSIGNMENTS

Section 1 - Day and Year

A.  The starting and ending time of the school day, the starting and ending days of the school year and whether a school or schools shall operate on a single or multi-session basis are matters entirely within the discretion of the Committee, exercised under and pursuant to applicable provisions of law and to regulations of state agencies having jurisdiction.

B.  Members may be required to remain in school after the end of the normal teacher day for up to 45 minutes on not more than two (2) afternoons per week for student help. Members may also be required to remain in schools after the end of the normal teacher day for up to one (1) hour on not more than two (2) days per month for staff meetings. Notice of such meetings shall be given no less than two (2) days in advance, except in emergency situations. It is further understood that staff meetings will not take place on Friday afternoons. It is also understood that in case of emergency bus situations and other such emergencies members will be required to remain at their respective schools to provide student supervision.

C. In order to differentiate between evening meetings and parent conferences, the following definitions will be used:

A parent conference is a meeting between teachers and parents for the purpose of discussing grades and academic progress.

An evening meeting is an activity that is not curricular in focus, such as a concert, science fair, meet the teacher night, open house, graduation, etc.

All members may be required to attend two (2) evening parent conferences and one afternoon parent conference in the Fall.

The two (2) conferences will be compensated (Article IV, Section 2 L) by early dismissal for students and staff as follows: the first conference will be compensated on the Friday immediately following the first conference and the second conference will be compensated on the last school day before the Christmas vacation.

Members at the High School and Middle School may be required to attend an evening parent conference in the spring. This evening conference will be compensated (Article IV, Section 2L) by early dismissal for students and staff the Friday immediately following the conference. Elementary staff will not hold a spring conference, students, and staff will attend school as usual on that Friday.

In addition to parent conferences, all members may also be required to attend two (2) evening meetings each school year. Members will be notified in writing of the dates of these meetings by October 15 of each school year, except in extraordinary circumstances. Attendance at all other evening meetings will be at the option of the individual member. There will be no parent conferences or evening meetings on Fridays or during the week of Thanksgiving.

Teachers working in multiple locations will work the number of nights according to contract, and will be notified by September 10 of which school to report to for any required work nights, as determined by the building principals.

D.  It is understood that the instructional responsibilities of members include preparing teaching materials, giving help to individual pupils and conferring with parents, principals and other administrators and that these responsibilities may possibly be scheduled outside of a time normally devoted to teaching. Any parent conference will be held within forty-eight (48) hours of the request, at a time and place agreeable to all parties concerned.

E.  The member year will commence no more than three (3) days before, or in the case of newly employed members, no more than five (5) days before the beginning of the student school year. The work year shall consist of 180 student days, the day before the beginning of the student year and three (3) professional development days to be scheduled by the Superintendent and the Association. The Friday before Labor Day shall not be part of the work year.

F.   For those members assigned to elementary schools the day will commence fifteen (15) minutes before and end ten (10) minutes after the pupil day. The pupil school day will be no more than six (6) hours and five (5) minutes.

G.  Beginning with the 2003-2004 school year, for those members assigned to the secondary schools the day will commence ten (10) minutes before and end ten (10) minutes after the pupil school day. The pupil school day will be no more than six (6) hours and thirty (30) minutes.

H. In the case of those individual members not regularly assigned to a particular school and those members who service both elementary and secondary schools, their school day will not exceed the school day of an elementary member.

I.   Members will not be required to supervise or otherwise take part in any new programs outside of the school day such as a breakfast program.

J. The parties recognize that changes in the workday may be necessary in order to meet the requirements of Education Reform, and that these changes are best addressed through the process of shared decision-making in which the input of all parties shall bear equal weight. To that end, the parties agree to establish a committee consisting of administrators and teachers from the affected building(s). The parties further recognize that should the deliberations of the committee impact upon areas that are mandatory subjects of bargaining, negotiations between the School Committee and the Association will be required.

Section 2 - Released Periods

A.  Members regularly assigned to elementary schools will be assigned to supervise pupil recess periods on an equitably rotating basis, and, except for members assigned to supervisory duty or on days when recess periods are taken in the classroom, will not have scheduled duties during recess periods.

B.   Members regularly assigned to elementary schools at which pupils eat lunch may be assigned to supervise lunch periods on an equitably rotating basis and, except as so assigned, will not have scheduled duties during one twenty (20) minute period for the purpose of having their own lunch.

C.  Members regularly assigned to the Middle and High Schools will be assigned to supervise pupil lunch periods. Beginning with the 2003-2004 school year, they will not have scheduled duties during one twenty-five (25) minute period for the purpose of having their own lunch.

D.  Members not regularly assigned to a particular school will be scheduled to have a twenty (20) minute - duty-free period for lunch.   Subject to health emergency calls, nurses will be assigned a duty free lunch period of the same length as other members in the building, with the scheduling determined by the building principal.

E.   The daily schedule for Middle and High School teachers regularly assigned to secondary schools shall include a class period of the schedule for preparation of instructional materials, pupil conference, emergency class coverage on an equitably rotating basis, and the like.

F.   The daily schedule for elementary members (grades K-4, excluding nurses) shall include a class period for the purpose of preparation of instructional materials, pupil conference, emergency class coverage on an equitably rotating basis, and the like. The length of a preparation period will be the same as it has been historically: 45 minutes for grades 1-4 and all day K; 30 minutes for half-day K.

G.  If any member loses a scheduled preparation period, then he/she shall be compensated by payment of twenty dollars ($20) for each period so lost.

H. The parties to this Agreement endorse the concept of common planning time for members who teach at the same grade level(s). To that end, every effort will be made to schedule one (1) of the five weekly periods so that teachers on a particular team may plan together.

I.   Members regularly assigned to elementary schools will be released from classroom supervisory

duties while special area members are instructing their classes so that they may prepare instruction materials or confer with the principal and/or parents, except in emergency situations as determined by the Superintendent or his designee.

J.   Coverage in homeroom, corridor duties, study periods, assemblies, class meetings* bus duty, lavatory supervision, yard duties and lunch duties will be distributed to the staff on an equitably rotating basis.

K. If it is necessary for a member to cover another member's class during his/her preparation period, assignment will be on an equitably rotating basis.

L.  On days when evening parental conferences are scheduled, teachers and students shall have a full day of school. On the designated compensation day (Article IV, Section 1C), teachers and students shall be dismissed no later than ' 10:45 at (he HS, 11:05 at the MS, and 11:25 at the Elementary. In order to be compensated for evening conferences, these conferences will be conducted outside the pupil day for a total of two (2) hours. Exceptions: 1/2 day before Thanksgiving and the last day of school early release times will be 10:00 at the HS, 10:20 at the MS, and 11:00 at the Elementary.

M.  The Committee will make a reasonable effort to hire substitute teachers in the correct discipline, but in any case will hire qualified substitutes for teachers with assigned classes.

N.  The President of the Bellingham Teachers Association shall not be assigned any scheduled duties for purposes of this provision, scheduled duties include student rest room supervision, bus duty and homeroom at the high school and morning duty, recess duty and cafeteria supervision in the elementary schools. This provision does not apply to regularly assigned study halls.

Section 3 - Subject Matter Preparation

Members teaching in grades 7-12 will not be assigned in more than three (3) preparation levels, i.e., Asian Studies, Black Studies, Geography, etc., whenever possible, nor more than two (2) subject areas, i.e., Social Studies, English, Mathematics and Science. The "three preparation levels" provision will apply to grades 5 and 6 as long as they remain part of a middle school configuration, as compared to an elementary school configuration.

Section 4 - Exceptions

Assignments of particular members to duties during released periods or to additional subject matter instruction may be made by the Superintendent or his designee on a rotating basis if and whenever the Superintendent deems such an assignment is necessary to maintain the educational programs of the pupils affected and the quality of the educational process in the Bellingham Schools.

Section 5 - Daily Rate

Any member who works any additional days for the Bellingham School System shall be paid at a daily rate of 1/184 of his/her yearly salary (i.e. yearly salary/184). Full compensation for all days worked shall be computed as (# of days worked) x (daily rate).

Section 6 -Class Size

The Committee and the Association recognize that class size has a direct impact on quality education for both teachers and students. Whenever possible, subject to space availability, financial constraints, educational considerations and other practicalities, the Committee will attempt to limit class size to a desirable maximum number. Exceptions include subjects such as Health and Wellness, Band, Chorus; lab science classes, and any other areas where the safety, number of teaching stations, physical layout, and Department of Education requirements limit the maximum class size. Should the numbers exceed those considered desirable, the Committee agrees to give careful consideration to the views and recommendations of the staff in seeking a resolution to class sizes exceeding the desirable number. The desirable maximum number of students per teacher is as follows: K-2 twenty (20)     3-12 twenty-five (25)

ARTICLE V

ASSIGNMENTS AND TRANSFERS

Section 1 - Notification of Assignments

All members will be officially notified of their programs for the coming school year by the Superintendent or building principal, including the schools to which they will be assigned, the grades and/or subjects they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances by June 15 or one (1) week prior to close of school, whichever is earlier. In the case of unforeseen circumstances, notification will take place as soon as possible. Where a new program differs from the old program the notice will he in writing. Subject matter and grade level will be stated on the annual contract, subject to emergency situations. Annual Individual Teacher Contracts will be provided to all BTA members by November 1 *.

Section 2 - Assignments within Content Areas

In order to ensure that pupils are taught by members working within their areas of competence, no members will be assigned, except temporarily, to subjects and/or grades or other classes outside the scope of their teaching certificates and/or their major or minor fields of study,

Section 3 - Postings

The School Committee has designated the Superintendent to post any and all Association vacancies and openings. Association members will not be required to submit, in advance, written requests of anticipated (desired) changes in grade or subject assignment or of transfers to another building. However, once new and open positions are posted, Association members who desire such a change must submit a written letter of intent to be considered for the new and/or open position(s).

Section 4 - Transfer Process

A.  In making changes in grade or subject assignment and in transferring members from one building to another, the wishes of the member will be honored to the extent that these are compatible with 1) the best interests of the schools, 2) his/her qualifications and 3) the instructional requirements of the new assignment.

B.  The recommendation of the principal of the building to which the members will be transferred is necessary and must not conflict with the best interests of the schools.

C.  All open positions that result from the voluntary transfer and reassignment process shall, subsequently, be posted. An "open position" is defined as an existing bargaining unit position for which no currently employed bargaining unit member has been assigned. For the purpose of this Article, a "transfer" is defined as a change in department or building; an "assignment" is a specific position within a department or building. Further, it is understood that special education is a separate discipline from elementary. It is understood that the building principal has the right to assign members already working in the building to open positions before determining which specific positions will be posted.

D.   All new positions shall be posted.  A "new position" is defined as any newly established position within the bargaining unit.

E.   All "open" and "new" positions as defined in Sections C and D of this article will be posted for a minimum often (10) calendar days.

F.   Association members who would like to be notified of said vacancies during the summer recess must supply the Superintendent with self-addressed, stamped envelopes.

G.  All other factors being equal, preference will be given in filling such positions to applicants on the basis of (1) the best interests of the school system and (2) the length of the applicant's service in the Bellingham Schools.

H. Positions for less than a semester may be considered temporary vacancies and need not be posted. A semester is defined as two (2) academic quarters.

Section 5 - Involuntary Reassignments and Transfers

When involuntary reassignments or transfers are necessary, a member's area of competence, major and/or minor field of study, quality of performance, and the length of service in the Bellingham schools will be considered together with instructional requirements and other factors affecting the best interest of the schools in determining which member is to be reassigned or transferred. An involuntary transfer will be made only after a meeting between the member involved and the Superintendent or his designee, at which time the member will be notified of the reasons for the transfer. In the event that a member objects to the transfer at this meeting, the Superintendent and his designee (or, in the event the Superintendent is unavailable, two designees of the Superintendent) will, at the request of the member, meet with the member and a representative of the Association to discuss this matter. If the member is not satisfied, the member and the Association may bring the matter to the Superintendent under Step Two of the grievance procedure.

Section 6 - Itinerant Assignments

In arranging schedules for members who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such members will be notified of any changes in their schedules by June 15 or one (1) week prior to the close of school, whichever is earlier, except in cases of emergency. In such cases, members will be notified as soon as practicable. Annual Individual Teacher Contracts will be provided to all BTA members by November 1st. Members who are assigned to more than one school, in any one school day, will be reimbursed at the prevailing town rate for all inter-school driving required, as measured by the Superintendent on the basis of the member's assigned schedule. Reimbursement will be paid with the last installments of salary payable in each December, February, April and June.

Section 7 - Without Prejudice

All assignments and transfers will be made without regard to race, color, gender, disability, sexual orientation, religion, national origin, homelessness, or marital status.

ARTICLE VI

PROMOTIONS

Section 1 - Positions

For the purposes of this Article, a "promotional position" is defined as any position paying a locally funded salary differential and/or any position on the administration-supervisor level.

Section 2 - Postings

Whenever any vacancy in a promotional position occurs during the school year, notice thereof shall be placed on a bulletin board in every school as far in advance of the date of filling the vacancy as possible. Written notice of any such vacancy occurring during the months of July and August will be sent to each member who has filed his/her name and address with the Superintendent for the purposes of receiving such notice. Notice of a vacancy shall state the qualifications for the position, its duties and the rate of compensation and a date, not earlier than ten (10) days after a notice is posted or mailed, by which any member desiring to apply for the position may file a written application with the Superintendent. Except on a temporary basis, vacancies will not be filled within ten (10) days from the date a notice is posted or mailed.

Section 3 - Filling Vacancies

The Superintendent will fill vacancies on the basis of merit and may seek applicants to fill the same in any manner and from any source he/she deems appropriate. When all other factors involved in merit are substantially equal, preference in appointment will be given to qualified members already employed by the District. Each member applicant not selected will receive a written notification of the action taken by the Superintendent. Appointments to promotional positions shall be subject to grievance procedure through Step 3. Whenever reasonable and/or practicable, appointments will be made not later than sixty (60) days after the notice is posted or mailed.

ARTICLE VII

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL, FEDERAL PROGRAMS AND SPECIAL PROGRAMS

Section 1 - Postings

Notice of all openings for summer school and evening school positions (if any) and for positions under Federal programs or special programs will be given by posting a notice thereof on a bulletin board in each school as early as possible.

Section 2 - Filling Vacancies

In filling summer and evening school positions and Federal and special programs, consideration will be given to an applicant's area of competence, major and/or minor field of study, quality of teaching performance, attendance record, previous experience in the school or program in question and length of service in the Bellingham schools. When other factors are substantially equal, preference in appointment will be given to members already employed by the District.

Section 3 - Notifications

Members who have then been appointed will be so notified in writing as soon as possible.

ARTICLE VIII

EVALUATION

Section 1 - Handbook

Performance evaluations will be conducted in accordance with the Supervision and Evaluation

Process Memorandum of Agreement between Bellingham Public Schools and the Bellingham

Teachers Association ratified September 27, 2012 and modified on October 14, 2014.

NOTE: The Association and the School Department agree to meet bi-annually to review the procedures, documents, and all other parts of the teacher evaluation process. Either party may call for a joint meeting to discuss any concerns that have arisen.

If a parry requests a meeting, it must take place within one week of the request. Requests for meeting must be made in writing to the Superintendent of Schools and the President of the Bellingham Teacher's Association.

Section 2 - Personnel Files

A. A member will have the right, upon written request, to review the contents of his or her personnel file and to have a representative of the Association accompany him or her,

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

C.  Any substantial complaints regarding a member made to any Committee member by, or coming to the Superintendent or the member's building principal, from any parent, student, or other person must be made in writing. The member will be notified, in person, and in writing, of such a complaint, as soon as possible but no later than 2 school days after receipt of the written complaint, and will be given a copy of said complaint at that time. If it is not possible to notify the member within 2 school days due to the member's absence from the system, the member will be sent a copy of the complaint by certified mail.

D.  The Association recognizes the authority and responsibility of the Superintendent or Principal to discipline or reprimand, itself or by an administrator, a member for delinquency in professional performance. If a member is to be formally disciplined or formally reprimanded by a member of the administration, he or she will be entitled to have a representative of the Association present. No member will be disciplined or reprimanded without good and sufficient reason.

ARTICLE IX

PHYSICAL FACILITIES

Section 1 - Equipment

Where practicable without substantial expenditure or remodeling which would reduce instructional areas, each school in use will be equipped with the following facilities:

A.  Space in each classroom for safe storage of instructional materials and supplies.

B.  A separate workroom containing adequate equipment and supplies to aid in the preparation of instructional materials.

C.  An appropriately furnished room to be reserved for the use of members as a faculty lounge. Where building space and design permit, the lounge will be separate from the workroom.

D.  A communication system so that members can communicate with the main building office from their classroom in the event of an emergency.

E.  Well-lighted and equipped restrooms for professional personnel.

F.  A separate dining area for professional personnel.

Section 2 - Classroom Furnishings

Each classroom will contain a serviceable desk and chair for the member and each member will be provided with space for safe storage of personal belongings.

Section 3 - Parking

Each existing parking area of a school will be so designated as to provide the largest area reserved for member parking as is compatible with the needs of the other users of such areas,

ARTICLE X

USE OF SCHOOL FACILITIES

Section 1 - Association Use

The Association may use the school buildings without cost at reasonable times outside of the school day for Association meetings, provided however, that the Association will pay for any custodial costs such meetings involve. To avoid conflicts, requests for such use will be filed in advance with established Committee policy.

Section 2 - Bulletin Boards

The Association may use one bulletin board space, to be designated in each school building, to display notices, circulars, and other Association material.   Copies of all such material will be given to the building principal upon demand, but his approval will not be required. The Association agrees that it will not post, or permit to be posted, any material which is derogatory to the Administration, the Committee, or any member of the Bellingham schools.

Section 3 - Union Identification

Members may wear pins or any other reasonably unobtrusive identification of membership in the Association.

ARTICLE XI - SICK LEAVE

Section 1 - Earned Sick Days

Members will be allowed fifteen (15) days of sick leave in each school year for absence resulting from illness or accident of the member. The allowable absences in one year to be the number of days accumulated from prior years, includes accumulation from years prior to the 1967-68 school year under prior Committee policy, plus those allowable for such years. The maximum accumulation of sick days for any bargaining unit member beginning work after June 30, 1994, shall be 184 days. Use of accumulated days shall be allowed for reasons as defined in Family Medical Leave Act of 1993.

Up to five (5) days of accumulated sick leave may be used each year by the member whose presence is required by his/her immediate family due to serious illness. Immediate family will include the following persons: parents, brothers, sisters, husband, wife, children or other person residing in the member's household.

Section 2 - Doctors Certificate

The Superintendent will not require a doctor's certificate for absence of less than five (5) days. Should the absence continue for a fifth (5th) consecutive day, a doctor's certificate, indicating the diagnosis and potential duration of the illness, may be required by the Superintendent. A required certificate will be presented within ten (10) days of the beginning of the absence and the Superintendent may require further certificates for any continuing absence, prior to return to service. A doctor's certificate indicating fitness for service may be required as a condition of return to service.

Section 3 - Entitlement of Days

Members will be entitled to fifteen (15) days sick leave each school year. The Member will receive the fifteen (15) days up front providing they are in attendance on the first day of school when students return. If the member is not in attendance on that first student day, the sick days will be accrued at one and one-half (1 1/2) days per month for that school year. Teachers on 1/2-year sabbatical will receive seven and one-half (7 1/2) days sick leave. Teachers, who are on leave or are granted leaves of absence during a given school year, shall have their sick leave days prorated at the rate of one and one-half (1 1/2 days) per month for each month worked in said school year.

Section 4 - Exception

First year teachers will accrue sick leave at the rate of one and one-half (1 1/2) days per month. If such teacher uses more sick days than has been accrued that teacher may, upon accruing the necessary amount of sick days, apply for monies deducted from his pay and receive reimbursements.

Section 5 - Calling for a Substitute

Members shall report the intention to be absent from duty to the designated phone number(s), or email address, by 6:15 a.m. on the day of absence. If possible, notification should be given on the previous day or earlier.

Section 6 - Sick Days Buyback

Upon retiring or resigning from the Bellingham School District, a member with twenty (20) years of service to the system will be entitled to buy back unused, accumulated sick days, to a maximum of fifty (50) days at the rate of fifty-five dollars ($55) for each day. Payment will be made within thirty (30) days after the effective date of the member's separation of service from the district.

ARTICLE XII

SICK LEAVE BANK

Section 1 - Effective Date

Effective September 1, 1979 a sick leave bank was established.

Section 2 - Contribution

Each member shall contribute one (1) day per year to the sick leave bank. Payroll will immediately notify the President of the Teachers' Association and the Superintendent of Schools when days are taken from the membership to supplement the sick bank.

Section 3 - Minimum/Maximum Number of Days

The sick leave bank shall at all times have a minimum of one hundred (100) days in reserve. If the number of days fells below one hundred (100) days, Section 2 of this Article shall he reapplied. However, the total number of sick leave bank days in reserve shall not at any time exceed five hundred (500). In the event that the maximum of five hundred (500) days would be exceeded, then Section 2 of this Article would not be applied.

Section 4 - Committee Membership

A sick leave bank committee to consider eligibility for a member to draw upon the sick leave bank shall be established. The committee shall consist of two (2) members appointed by the Association and two (2) members appointed by the School Committee. The members of the sick leave bank committee shall elect one (1) of their own members to serve as Chairperson.

The Chairperson will maintain records of the sick leave bank and shall present an accounting of the bank's operation to the general membership. A copy will also be sent to the Superintendent.

All decisions of the sick leave bank committee must be made by a majority of all four (4) members at scheduled meetings of the committee. The decisions of the sick leave bank committee are final and binding and not subject to the grievance procedure.

In the event that a decision cannot be reached by a majority of the sick leave bank committee, a tie vote will result in the days requested being granted.

Section 5 - Criteria

The following criteria shall be used by the Sick Leave Bank Committee in determining the eligibility of a member to draw from the Bank and in administering the Bank and determining the amount of leave:

a)    a member must have used up all of his/her accumulated leave

b)    a member must submit medical evidence, written by a doctor, of an inability to perform his/her duties. This written evidence must include the specific nature of the illness and the expected date of the member's ability to return to work

c)    a member's prior utilization of eligible sick leave

d)    a member's prior requests for and use of sick leave days drawn from sick leave bank

Section 6 - Prolonged Illness

No days may be granted from the Sick Leave Bank for any reason other than that due to prolonged illness or accident. Days may not be granted for the normal or usual illness due to pregnancy, childbirth or the recuperation there from except when such request is accompanied by a doctor's certificate that said teacher could not perform the duties appropriate to her position because unusual and abnormal complications occurred during such illness.

Section 7 - Limitations

Upon compliance with Section 5 by a member, the Sick Leave Bank Committee shall issue a grant of days from the Sick Leave Bank reserves of no less than five (5) days or more than thirty (30) days. No more than One hundred eighty-one (181) sick leave days may be awarded to a member from the Sick Leave Bank for each prolonged illness or accident.

Section 8 - Reapplication

In the event that additional days are needed by an individual then Section 5, 6 and 7 of this article may be reapplied.

ARTICLE XIII

TEMPORARY LEAVES OF ABSENCE WITH PAY

Members will be entitled to the following leaves of absence with pay. Leaves taken pursuant to Article XII will be in addition to any sick leave to which the member is entitled. No member will be required to arrange for his or her own substitute.

Section 1 - Personal Days

Two (2) days of leave for the purpose of transacting or attending to legal business, household or family matters of hardship or other pressing need and not merely personal convenience. Except in the case of such emergencies, notice of such leave shall be given in writing to the principal at least 24 hours before such leave is taken. Such leaves shall not be granted on the day prior to nor immediately following holidays or vacation periods to extend the holiday or vacation period. Other days may be granted upon request in writing to the Superintendent stating the reason for the request. The denial of other days by the Superintendent is not subject to the grievance procedure.

Section 2 - Bereavement

Up to five (5) days each time there is a death of a spouse, life partner/significant other; ex-spouse; parent, child, sibling, , grandchild, grandparent,, any in-law relation, step relation, or relation of a life partner/significant other of the same relations listed above or any other person residing in the same household. Up to one (1) day each time there is a death of an aunt, uncle, niece or nephew, or other relative in the family of a member or spouse/life partner.

Upon written request and in cases involving special or unusual circumstances, the Superintendent may grant additional bereavement days without loss of pay. The superintendent's decision is final and not subject to the grievance procedure, however, approval will not be unreasonably withheld.

Section 3 - Armed Forces

Up to ten (10) days for involuntary, temporary, active duty in any unit of the armed forces of which the member was a part at the commencement of the school year. Pay for such leave will be the difference between the salary, exclusive of stipends, of the member under this Agreement for the period of leave and the pay allowance which he/she receives from such active duty service as evidenced by pay vouchers submitted as a prerequisite for the receipt of pay from the Bellingham School Department. Saturday and Sunday pay, as evidence in vouchers will not be considered as a portion of the sum, to be used for determining the difference between salaries.

Section 4 - Religious

Up to three (3) days of leave for observance of religious holidays, where the person's religion mandates his or her absence from work. Each member will also be allowed two additional days of leave with pay minus a substitute's pay and additional days leave without pay if required for the observance of such days.

Section 5 - Professional

Such leaves as the Superintendent may approve for the purpose of attending educational conventions, professional meetings of the Massachusetts Teachers' Association or National Education Association, training institutes and for visiting schools, and other activities having a demonstrable relationship to the improvement of professional skills and enterprises. No more than six (6) teachers will be allowed to leave the school system on any given day to attend meetings of the Massachusetts Teachers' Association or the National Education Association. The maximum number allowable under this section shall be six (6).

ARTICLE XIV

ATTENDANCE INCENTIVE PAY

Starting in the 1987-88 school year, members shall be credited with cumulative attendance pay for no use or minimal use of sick leave and personal days according to the following schedule:

Section 1 - Eligibility

Members who have accrued Attendance Incentive pay as of the close of me 2004-2005 school year,

(See Addendum B) will receive that accrued amount in accordance with Section 3 below (Payment). No attendance incentive pay will be accrued beyond the close of the 2004-2005 school year for any member of the bargaining unit.

Section 2-Credit

Appropriate monetary amounts, based on the above schedule, shall be credited to the member each year effective September 1, 1987. Prior monetary amounts credited to members from September 1, 1984, to June 30, 1987, shall be carried over and added to attendance incentive pay accumulated after September 1, 1987.

Section 3 - Payment

After ten (10) years of service in the Bellingham School System, service starting from the date of hire, the member shall receive the full monetary amounts credited to him/her upon leaving the school system. Upon death, said monetary amount shall be paid to the member's estate,   la all cases, payment to a teacher or to his/her estate from the Attendance Incentive Plan shall not exceed four thousand dollars ($4,000).

ARTICLE XV

EXTENDED LEAVES OF ABSENCE WITHOUT PAY

All leaves granted under this Article will be without pay.

Section 1 - Peace Corps

A leave of absence of up to one (1) year will be given to any member who joins the Peace Corps or serves as an exchange teacher or an overseas teacher, in a full-time capacity, in any of such programs. Upon return from such leave, a member will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent.   A leave may not be taken under this section by an individual more than once every ten (10) years. Applications for leave under this Section must be filed in writing with the Superintendent not later man the close of the first semester before the School year in which the leave is supposed to commence. The Superintendent will promptly advise each applicant of the granting or denial of such leave.   Each member on such leave will notify the Superintendent in writing of his/her intention to return not later than the January 1 prior to the school year in which he/she intends to return and no member who fails to give such notice need be returned to active employment until the school year after such notice is given. The period that non-professional teacher status members are on leave of absence will not apply to the time that a member be employed in order to receive professional teacher status.

Section 2 - Short-Term Family Medical Leave

Upon receipt of at least thirty (30) days written notice, when possible, of a member's anticipated date of departure and intention to return, the Superintendent will grant short-term leaves of absence in accordance with Family Medical Leave Act of 1993 (see Article XI Sick Leave, Section 1 Earned Sick Days). This leave will commence and terminate by written notice from the member's physician. Recognizing that the hiring of a replacement for the member who is on leave can be difficult to schedule, the Superintendent shall receive a notice (verbally, or in writing) that will indicate what the member's plans are after completion of his/her leave.

This leave may be extended by mutual agreement between the member and the Superintendent in order that a member who has been on short-term leave status may return at an appropriate time in consideration of the students' program(s) such as the beginning of the semester, the beginning of a marking period, or after a vacation period, or when absence is due to medical complications. The member shall give the Superintendent fifteen (15) days notice of his/her intention to return to teaching duties from such leave. Recovery from childbirth shall be treated as any other temporary disability in terms of accumulated sick leave, seniority, professional teacher status, pay, medical insurance benefits, and all other fringe benefits.

Upon returning, the member shall be placed in the same position(s) that he/she left; however, if the position(s) no longer exist, then he/she shall be placed in a position that is nearly comparable as is feasible.

Section 3 - Extended Leave for Child Rearing

A.  Requests for an extended leave for child-rearing must be in writing and directed to the Superintendent shall be granted for up to one (1) school year.

B.  An extended leave for child rearing shall be without pay and in accordance with Article XXIII, Section 3. Members may continue group insurance coverage at their own expense, to the extent allowable by law.

C.  When a member is granted an extended leave for child-rearing, the member must work one (1) full school year after said leave terminates and thereupon shall be eligible to request an extended leave for child-rearing for up to one (1) year upon the birth or adoption of another child.

D.  A member returning from a child-rearing leave will be placed on the salary schedule in accordance with Article XXIII, Section 3.

E.   All extended maternity leaves for childrearing must commence immediately when granted following release by a member's physician from childbirth leave.

F.   Upon returning, the member shall be placed in the same position(s); however, if the position(s) no longer exist, the member shall be placed in a position that is as nearly comparable as is feasible, within his/her area of certification.

G.  A member on extended leave for child-rearing must notify the Superintendent, in writing, of his/her intention to return to duties from such leave no later than April 15, preceding the school year for which the return is requested.

Section 4 - Other Leaves of Absence without Pay

Other leaves of absence without pay, and in accordance with Article XXIII, Section 3, shall be granted upon request accordingly:

A.  After three (3) years of consecutive service, one (1) year for the purpose of pursuing alternative careers in a field other than public, private or parochial school education, grades Pre-K to 12.

B.  A leave of absence of up to one (1) year shall be granted to a member for the purpose of caring for a sick member of the member's immediate family.

C.  After three (3) years of continuous employment in the Bellingham School System, a member shall be granted a leave of absence for up to one (1) year for health reasons. Requests for such leave shall be supported by appropriate medical evidence. Additional requests for leaves of absence under this section (4C) may be granted at the discretion of the Superintendent.

D.  Other personal leaves of absence for up to one (1) year may be granted to members.    The Superintendent will consider all requests for such leaves on an individual basis to determine if they merit approval.

E.   All requests for leaves of absence under Section 4 shall be submitted to the Superintendent by

May 1st preceding the school year for which the leave is requested, except in emergency health situations.

F.  Under Article XV, all benefits to which a member is entitled at the time his/her leave commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return, and he/she will be placed in the position(s) he/she left, provided that the conditions of Article XXVI do not preclude such assignment.

G.  Written notification of intent to return shall be required of every member who has been granted a year's leave of absence for any reason. This notification shall be submitted to the Superintendent no later than April 15, preceding the school year for which return is requested.

H. Members taking leaves under this section may continue group insurance coverage at their own expense, to the extent allowable by law.

ARTICLE XVI

SABBATICAL LEAVE

Section 1 - Policy

In the interest of rewarding professional performance and encouraging independent research, achievement and professional growth, the Superintendent may grant sabbatical leaves as follows subject to the availability of certified and qualified replacements for the person requesting such leave and the financial resources to pay for the leave:

A.  No more than two (2) members may be absent on sabbatical leave at any one time.

B.   Only those members who a completed seven (7) years of professional service in the Bellingham Schools will be eligible for sabbatical leave. No member having been on sabbatical leave will again be eligible until he/she has completed additional seven (7) years of service.

C.  Any member who desires to apply for sabbatical leave will submit such application, in writing, by February 1 of the year preceding the desired leave.

D.  In considering an application for sabbatical leave, the Superintendent will apply the following criteria: years of service of applicant, type of research and/or study planned, educational value of proposed research or study to Bellingham Schools and relationship to professional growth of applicant and urgency of professional research or study.

E.   The Superintendent will act upon the application not later than April 15 following submission of the application.

Section 2 - Written Agreement

Any member accepting sabbatical leave will enter into a written agreement with the Committee in accordance with Chapter 71, Section 41A of the General Laws of Massachusetts.

Section 3 - Written Report

When the sabbatical leave has been completed, the member will submit a report to the District of his/ her research or study in such form as has been determined by the Superintendent.

Section 4 - Notification of Promotional Opportunities

The Superintendent will inform any member on sabbatical leave of an opportunity for advancement and promotion and such member will be considered for such advancement or promotion in the same manner as those who are presently in service.

Section 5 - Rights Upon Return

Each secondary member granted a sabbatical leave will have the right to teach the same courses that he/she taught prior to taking such sabbatical leave provided such courses are being offered upon the member's return. Each elementary member granted a sabbatical leave will have the right to teach the same grade at the same school if the number of classes in that grade and school are the same. If the number of classes have been reduced at such school, then the member will be given a substantially equivalent position, provided that the conditions of Article XXV do not preclude such assignment

Section 6 - Salary

A member will receive full salary, including the current increment while on sabbatical leave,

ARTICLE XVII - PROTECTION

Section 1 - Report to Principal

All case of assault suffered by member in contract with his/she employment will be reported to his/her principal, in writing as soon as possible.

Section 2 - Report to Superintendent

This report will be forwarded to the Superintendent who will comply with any reasonable request from the member for information relating to the incident or the persons involved, and will act in appropriate ways as liaison between the member, the police, and the courts.

Section 3 - Indemnification

The District will provide the indemnification for members provided by the General Laws of Massachusetts under the conditions set forth in that Section and will include in its budget any appropriation request necessary to provide such indemnification.

Section 4 - Absence

Whenever a member is absent from school as a result of personal injury caused by an accident on Bellingham School premises or caused by an assault by a Bellingham School pupil while the said member is in the performance of his/her duties, the District will pay to said member his/her full salary, less any workman's compensation or insurance award made on account of such injury, until such absence ends or for one hundred eighty (180) days from the date of such injury, whichever occurs first. Such an absence will not be charged to the annual or accumulated sick leave to which such member may be otherwise entitled. Any member claiming benefits of this provision shall comply with the provisions of Article XI of the Agreement relating to the providing of a doctor's certificate. Any insurance awards received by a member from an insurance policy paid by the member or Association of which the member is a part is not subject to the provisions of this Section.

ARTICLE XVIII

HEALTH AND SAFETY COMMITTEE

Section 1 - Establishment of Committee

A Health and Safety Committee (HSC) will be established consisting of two (2) representatives appointed by the School Committee and two (2) appointed by the Association president. The HSC will be responsible for assisting the School Committee in establishing and maintaining a healthy and safe environment,

Section 2 - Report to Principal

If a teacher has a concern that a situation exists which is a potential health or safety hazard, he/she shall bring it to the immediate attention of the building principal.

Section 3 - Report to HSC

In the event that the principal fails to respond within forty-eight (48) hours of being notified of the existence of a potential hazard, the teacher may, either alone or through the Association, refer the matter to the HSC, which shall investigate the claim. If the matter can be addressed without appropriation of additional funds, then the HSC will take steps necessary to rectify the situation. If additional appropriations will be needed, then the HSC will refer the matter to the proper authorities with a specific recommendation for action.

Section 4 - Programs

The HSC will be encouraged to develop and present programs promoting health and safety on the job.

ARTICLE XIX

INSURANCE AND ANNUITY

Section 1 - Participation

Members may participate in all life insurance, accidental death and dismemberment insurance, hospital, medical and surgical insurance benefits provided by an insurance plan adopted and maintained by the Town of Bellingham pursuant to applicable statutes. The costs of such benefits shall be paid as provided in such plan.

Section 2 - Annuity

A member may contract with the Committee for the purchase of an annuity pursuant to Massachusetts General Laws, Chapter 71, Section 37-B as part of his or her employment compensation.

ARTICLE XX

DEVELOPMENT AND IMPLEMENTATION OF CURRICULUM AND RELATED EDUCATIONAL PROGRAMS: TEXTBOOKS

Section 1 - Member Participation

The Committee and the Association agree that the members are, and should continue to be, a major source of developments and innovations in improving the educational programs carried on in the Bellingham Schools. The parties agree further that it is important for the members to participate in the overall coordination of studies, projects, and other activities directed toward the development, improvement and implementation of such programs, toward the evaluation of existing programs and toward research in pertinent educational and related areas. The parties recognize that there may be other instructional and community resources capable of great contributions toward these ends and that the utilization of such resources should be coordinated with the efforts of the school administration and members.

Section 2 - Meetings

Accordingly, the Committee and the Association agree that the representatives of the members designated by the Association for this purpose will meet at reasonable times with the Committee and the Superintendent for the purpose of considering proposals for such developments and innovations.

Section 3 - Discontinuation of and Adoption of Textbooks

The Committee expects that all proposals for discontinuing the use of textbooks and for the adoption of new textbooks will normally issue from the members through the principal as representing the considered opinion of the members in consultation with the Superintendent, the Committee recognizing that the members should have a responsible voice in textbook selection, it being understood mat the criteria for textbook selection will be solely educational so far as the members are concerned. Except under unusual or emergency circumstances, the Committee will not discontinue any textbook or adopt a new textbook unless the members have considered and made a recommendation respecting such action. Member participation as aforesaid will be made through such members as the Association may select.

Section 4 - Budget

The Committee will include in its budget funds to purchase and maintain a sufficient number of textbooks so that each pupil in the Bellingham Schools will have textbooks for his/her own use.

Section 5 - Committee Jurisdiction

It is expressly understood mat the Committee retains full jurisdiction to make the final decision as to all curriculum and textbook selection matters and that failure by the Committee to agree with the recommendations of, or proposals by, members as aforesaid will not constitute a grievance subject to fact-finding or the grievance procedure or arbitration.

Section 6 - Curriculum Committee

The Committee agrees to establish a curriculum committee at both the elementary and secondary levels. The Association will have the right to designate at least one-half of the members to serve on the committee. The committee will meet at such times and places, as it deems necessary.

Section 7 - Common Educational Concerns

The Committee and the Association together with other interested members will meet with each other at least twice a year to discuss common educational concerns. The meetings will not discuss items, which properly are matters for collective bargaining. The Association will submit to the Superintendent at least one week prior to any such meeting an agenda of items to be discussed at such meeting. Either parry may refuse to discuss any item on the agenda if such party determines the item should be a matter for collective bargaining. In such event, the item will be placed on the agenda for the next regularly scheduled collective bargaining meeting.

Section 8 - Professional Development

A.  The School Committee and the Bellingham Teachers' Association agree to establish a Committee to mutually agree on the three (3) Professional Development days including content and the scheduling of those days, as provided in Article IV, Section 1 E (referenced on page 13). The final content and scheduling will be approved by the Superintendent but will not be unreasonably denied.

B.  The School Committee and the Bellingham Teachers' Association shall each appoint up to five (5) members. Decisions made by this Committee shall be binding on the parties. The Committee shall be provided with materials and resources necessary to function, including a report of the prior and current year of Professional Development funds.

ARTICLE XXI

DEDUCTIONS

Section 1 - Payroll

The Committee hereby agrees to certify to the Treasurer of the Town of Bellingham all payroll deductions from the salaries of members for payment of dues to the Bellingham Teachers' Association, Massachusetts Teachers' Association or the National Education Association, or any one of such Associations, as the member may individually or voluntarily authorize to be deducted and to request the Town Treasurer to transmit the deducted amounts promptly to such Association or Associations.

Section 2 - BTA and MTA Deductions

The Committee hereby agrees to certify to the Treasurer of the Town of Bellingham all payroll deductions from the salaries of members for the payment to the Bellingham Teachers' Association and/or Massachusetts Teachers' Association Credit Unions, as members may individually or voluntarily authorize to be deducted and to request the Town Treasurer to transmit the deducted amounts to such Credit Unions as specified.

Section 3 -V.O.T.E.

The Bellingham School Committee has voted to accept the provisions of M.G.L. 180, Section 171 Teachers may authorize the Committee to deduct from their salaries a contribution to the Voice of Teachers for Education (V.O.T.E.) in an amount which each teacher shall specify in writing. The Committee will certify on the payroll the amount to be deducted by the Treasurer. Such amounts shall be transmitted within forty (40) days to V.O.T.E., P.O. Box 271, Boston, MA 02101.

ARTICLE XXII

GENERAL

Section 1 - Coverage

As to all matters covered by this Agreement, the provisions hereof will control in any case where a similar procedure, custom or writing not incorporated in this Agreement shall occur.

Section 2 - Permitted by Law

If any provision of this Agreement, or any application of this Agreement to any member, shall be found contrary to law, such provision or application will have effect only to the extent permitted by law, but all other provisions or application of this Agreement will continue in full force and effect.

Section 3 - Right to Bargain

The parties agree that each has exercised its right to bargain for any provision it wished to be included in this Agreement; that if either has made a proposal not included herein, such proposal has been withdrawn in consideration of the making of this Agreement; and this Agreement constitutes a complete agreement as to all matters upon which the parties have or might have bargained. Accordingly, each expressly waives any right to seek to negotiate any further demand or proposal so long as this Contract continues in effect as Article XXI hereof expressly otherwise provides. The parties further recognize and agree that every matter for which a specific agreement is not set forth in this Agreement, the Committee continues to retain, whether exercised or not, the sole and unquestioned right to exercise all of the duties, powers responsibilities and rights, provided by and under the laws of Massachusetts in the control, direction and management of the Bellingham Schools. No such exercise shall be made the subject of a grievance or arbitration proceeding under this Agreement or the subject of an unfair labor practice law.

Section 4 - Reprisals

Neither the Committee nor the Association will take any reprisals of any kind against any member by reason of his/her membership in the Association or participation in its activities.

Section 5 - Calling for a Substitute

Members will be provided with a telephone number, and an email address, which they may use to report their unavailability for work, no later than 6:15 a.m. of the day of their absence. Once a member has reported his/her unavailability for work, in compliance with the regulations pertaining to his/her school, it will not be his/her responsibility to find a substitute teacher.

Section 6 - Negotiation Meetings During The School Day

If negotiation meetings between the Committee and the Association are scheduled during the school day, the representative(s) of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in such meetings.

Section 7 - Agendas and Minutes of School Committee Meetings

The Committee will make available to the Association copies of official agendas, copies of minutes of official Committee meetings, and all other public documents that are distributed to Committee members at official meetings. Such copies will be provided to the Association President.

Section 8 - Religious or Political Activities

No religious or political activities, or lack thereof, of any member, provided such activities do not take place on school property or during the school day, will be grounds for any discrimination with respect to the employment of such member, except as the same maybe subject to penalty under applicable law.

Section 9 - Dissemination of Contract

Both the Committee and the Association agree that each bears the responsibility of preparing and disseminating this document to their respective groups.

Section 10 - Just Cause Discipline-Professional Status

The parties agree that the provisions of such Sections 38H, 41, 42A, 42D, 43, 43A and 43B of Chapter 71 of the General Laws of Massachusetts as shall be applicable to any particular case of proposed suspension, dismissal, demotion or reduction in salary of a member shall apply as provisions of this Agreement and that any amendments made to any said section shall constitute amendments of this Agreement. After three (3) years of service, employees cannot be disciplined without just cause. A member to whom Section 4 applies is a member elsewhere referred to in this Agreement as having "professional status".

Section 11 - Discipline Without Cause-Non-Professional Status

The Superintendent or Principal, with the approval of the Superintendent, may take action in respect to those members whose status does not apply to one of the Sections of Chapter 71 cited in Paragraph 220.

At his/her discretion, services of said member may be retained or terminated. The Committee shall not suspend, demote or reduce the salary of any such member other than by terminating his services, without cause.

Section 12 - Retirement Dates

In order to minimize the disruption to students by members retiring during the school year, it is suggested that members remain in their position until the conclusion of the second marking period or the conclusion of the school year.

ARTICLE XXIII

APPLICATION OF SALARY SCHEDULES

Section 1 - Salary Step Classification

Upon initial employment members will be placed on the salary schedule at an appropriate step and/or classification as follows:

A.  One (1) year of credit for each year of military service or each year of teaching service in the Peace Corps, Vista, up to maximum of two (2) years for each such service, provided that additional years of credit may be given for additional years of military service upon the recommendation of the Superintendent that the military service involved' experience substantially equivalent to teaching experience.

B.   Credit for prior teaching employment will be granted to new hires up to a maximum of eight (8) years. In areas which may be considered "hard to recruit", the School Committee and/or the Superintendent, and the Association may mutually agree, in writing, to make alterations to the eight-year credit limit for new hires.        .          

C.   Credit for prior employment and for military, Peace Corps, and Vista service will be cumulative but the maximum credit allowed will be the minimum required for placement at the maximum salary step on the applicable schedule.

D.  Credit for prior employment will be computed on the basis that employment continuing more than ninety (90) consecutive school days in the same assignment in any one academic year will be deemed one (1) year of employment. This computation will not apply to more than one (1) of the calendar years or academic years as the case may be, of prior employment offered by a newly employed member for credit.

Section 2 - Payment Schedule

Members may elect to receive their yearly salary in twenty-one (21) bimonthly payments beginning in

September and ending in June, or in twenty-six (26) equal bimonthly payments throughout the year. A member who elects the twenty-six (26) payment plan may receive July and August checks along with the June check provided written notice of such election is given to the Superintendent on or before June 1. Notification of the payment schedule shall be given by July 1 for the upcoming school year. In the event a member is hired after July 1, these same options will be granted.

Section 3 - Step Increments

Members not at the maximum step on the schedule applicable to them will normally advance in annual increments for each year of fulltime employment, which is defined as more than ninety (90) consecutive days of fulltime employment in one academic year. The Superintendent may withhold an annual increment in any case of service below a satisfactory level. Any consideration of withholding an annual increment shall be added to the evaluation report.

Section 4 - Other Activities

Members) participation in, and attendance at, extra-curricular activities sponsored by the Bellingham Public Schools and community, and at other meetings and conferences related to school matters is desirable. However, unless required hereunder, participation and attendance shall be at the discretion of each member. Additional compensation for participation in certain activities is provided by Section 6 and the referenced schedule of stipends.

Section 5 - Stipends

The stipends set forth in the schedule of stipends for extra-curricular activities apply to members who are not otherwise subject to any provision of this Agreement and employment in any such activity is not employment to which this Agreement applies except as to the stipend to be paid to a member while performing such an activity.

Section 6 - Tuition Reimbursement

The Committee will maintain an annual tuition reimbursement pool in the amount of $45,000. Teachers shall be reimbursed for tuition expenses for up to two (2) graduate courses per fiscal year, with a grade of "B" or better. The maximum amount for which any teacher will be eligible in a single year will be limited up to $335. per credit hour for the duration of this agreement. In the event that the total amount of tuition reimbursement for which teachers apply exceeds the limits of the pool, the precise amount of each teacher's reimbursement will be pro-rated based on the percentage of the individual teacher's claim to the total amount claimed by all teachers. All available funds in the reimbursement pool will be disbursed based on the requirements of this section, not to exceed $335.00 per credit. Requests for tuition reimbursement under this section must be submitted to the Superintendent of Schools not later than June 30 annually. Payment of reimbursements will be made not later than the subsequent first pay period in September.

The Tuition Reimbursement Pool of $45,000 will be reduced annually by the cost of funding the Step 7 for nurses without a bachelors degree that took effect the beginning of the 2013-2014 school year as long as the three (3) currently employed nurses without a bachelors degree are being paid at that step ("incumbent non-degreed nurses"). When an incumbent non-degreed nurse leaves the employment of the school district, the savings realized from not having to fund the nurse at. Step 7 will be restored to the Tuition Reimbursement Pool. Assuming that all three incumbent non-degreed nurses remain employed for the 2013-2016 school years, the tuition reimbursement pool will be reduced as follows: $6,144 (2013-2014); $6,267 (2014-2015); $6,390 (2015-2016). Assuming that all three incumbent non-degreed nurses remain employed for the 2016-2017 school year and subsequent school years, the tuition reimbursement pool will be reduced by $6,456 plus any percentage increase negotiated for Step 7.

Section 7 - Non Grant Funded Committee Work

Members will be paid $25.00/hour for paid, non-grant funded committee work.

ARTICLE XXIV

AGENCY FEE

An agency fee to be determined by the Association in accordance with all applicable state and federal laws and regulations shall be charged and collected through the regular payroll deduction system to all personnel identified in the recognition clause within this contract and collected through the regular payroll deduction system.

ARTICLE XXV

EARLY RETIREMENT INCENTIVE

Section 1 - Eligibility and Schedule

This article shall apply only to teachers already receiving payments hereunder and/or teachers with 25 years of service as of September 1, 2003 ("eligible teacher"; See Addendum A). Upon written notice of intent to retire, an eligible teacher will receive additional compensation according to the following schedule:

For Retirement effective June 30 of the year following attainment of age:

With 3 years advance Notice by March 1:

With 2 years advance notice by March 1:

With 1 year advance notice by March 1

55 years of age

$2500 each year

$3000 each year

$5000 once

$7500 total

$6000 total

$5000 total

56 years of age

$2300 each year

$2800 each year

$4800 once

$6900 total

$5600 total

$4800 total

57 years of age

$2100 each year

$2600 each year

$4600 once

$6300 total

$5200 total

$4600 total

58 years of age

$1900 each year

$2400 each year

$3900 once

 

$5700 total

$4800 total

$3900 total

59 years of age

$1800 each year

$2300 each year

$3800 once

 

$5400 total

$4600 total

$3800 total

60 years of age

$1700 each year

$2200 each year

$3700 once

 

$5100 total

$4400 total

$3700 total

61 years of age

$1600 each year

$2100 each year

$3600 once

 

$4800 total

$4200 total

$3600 total

Section 2 - Written Notice

Written notice must be received by the Superintendent no later than March 1.  Payment will become effective the following September and will be added to the regular pay and paid in twenty-six (26) installments.

Section 3 - Acceptance and Exceptions

Notwithstanding any past practice to the contrary, the exercise of this section by any member who gives notice of intent to retire and is credited with incentive payments shall be deemed to have voluntarily resigned for purposes of retirement. Such notice will be accepted by the Superintendent and, except in the case of the death of a spouse, the divorce of the member or other extraordinary circumstances or events subject to the discretion of the Superintendent, will be considered final and binding as of the identified effective date. If the teacher retires later than the specified date, the teacher must repay the stipend and accrued interest at an interest rate of 1 and 1/2% above the average of the prime rates announced publicly by the reference banks on September 1 of the given year at which the early retirement compensation is paid.

For example: A teacher at age 55 with three (3) years of advance notice scheduled to collect $2,500 for each year for a total of $7,500 would have to pay interest accrued as follows:

First year -    $2,500 X interest rate of 1 1/2% above the average of the prime rates announced publicly by the reference banks on September 1 of that given year.

Second year -    $5,000 X interest rate of 1 1/2% above the average of the prime rates announced publicly by the reference banks on September 1 of that given year.

Third year -    $7,500 X interest rate of 1 1/2% above the average of the prime rates announced publicly by the reference banks on September 1 of that given year.

Total Repayment: $7,500 plus accrued interest for each year of the three (3) year period.

ARTICLE XXVI

REDUCTION IN FORCE

Section 1 - Procedure

In the event the School Committee determines mat a reduction in force is necessary, the procedure set forth hereinafter shall apply:

A.  Insofar as possible, normal attrition will be used whereby members who retire or resign will not be replaced if there are fully qualified members available who are capable of filling such positions.

B.   Teachers who are not under regular contract, or who are on temporary status (e.g., teachers filling in for leaves of absence or long-term substitutes) will be laid off first, provided there are fully-qualified members available who are capable of filling such positions.

C.  In case of further reduction in staff, members with professional status shall not be laid off if there is a member without professional status whose position the professional teacher status member is qualified to fill.

D.  If the School Committee determines that further reductions in staff in a discipline are necessary, which affect members with professional status, members with professional status, within the affected disciplines, shall be laid off in the inverse order of seniority.

E.   Providing his/her seniority permits, a member who is laid off as a result of Section D above, shall be entitled to displace the least senior member in a discipline for which the member is already qualified. Members who are certified in three (3) or more disciplines shall be entitled to displace the        least senior member in the discipline in which he/she has the most training and experience.

However, if a member has not taught in that discipline for one semester within three (3) years immediately prior to taking the position, the member must take an approved course in that discipline during the first year of that assignment at his/her own expense.

Section 2 - Disciplines

A.  For purposes of this Article, "disciplines" shall be as per State regulations.

B.  Qualified means that the member has on file with the Superintendent of Schools evidence that he/she possesses the necessary certification or evidence of certifiability prior to the notification of his/her lay-off. It is agreed that a K-8 certification qualifies a member to teach in seventh grade as is presently occurring. It is also agreed that a 7-12 certification qualifies a member to teach in seventh grade as is presently occurring.

C.  Seniority is the length of continuous employment in the Bellingham School System measured   in years, months and days from the date of the first day of employment in the bargaining unit Administrators returning to the bargaining unit shall retain any previously accrued seniority while they were in the bargaining unit.

D.  In cases involving members who have identical seniority, needs of the system, qualifications, and highest educational attainment shall be considered in determining who shall be released.

E.   In computing seniority, time spent on any authorized leave of absence shall not constitute a break in service. Seniority will not accumulate during any unpaid leave of absence except for statutory maternity leaves of absence for up to eight (8) weeks. Members on leave of absence shall be eligible to be laid off as though they are currently serving on active duty.

F.   Members who are to be affected by a reduction in force shall be notified, in writing by May 15 of the school year preceding the school year in which the reduction will take effect.

Section 3 - Recall

A.  Members who have been laid off shall be entitled to recall rights for twenty-four (24) months after the effective date of lay-off. The effective date of lay-off shall be the day after the last day of school.

B.   During the recall period, members on recall shall be given preference for any vacancy or new positions for which they are certified in the inverse order of their lay-off.

C.  Members on recall shall be notified by certified mail of any vacancy or new positions for which they are certified. Notices will be sent to members last known address. Members shall have the responsibility of keeping the School Committee informed of any changes in address.

D.  Failure by a member to apply for an open fulltime permanent position within his/her area of certification within seven (7) days after receipt of notice of vacancies or new positions shall terminate all rights under this section.

E.   All benefits, including salary and professional teacher status, to which a member was entitled at the time of lay-off shall be restored in full upon re-employment within the recall period.

F.   While members of the bargaining unit continue on lay-off, the Superintendent agrees not to hire any new teacher unless no member on recall is certified to fill the position.

G.  To the extent allowed for by law, laid off members may continue group health and life insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by reimbursing the School Committee for premium cost. Failure to forward premium payments to the Committee by the 15th day of each month will terminate this option.

H. An updated list specifying the seniority of each member of the bargaining unit, in the disciplines set forth in Section 2, will be prepared by the Superintendent and forwarded to the Association by December 31 of each school year.

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

ARTICLE XXVII

TEACHERS' SALARY SCHEDULE

As indicated below, salary schedule increases and step advances shall be effective the first pay period of each respective school year, including retroactive increases for the 2013-2014 school year, and they shall apply across the board to the categories of compensation indicated.

Section 1 - CLASSIFICATION Al -Wages for all members with a Bachelor Degree

1.   School Year 2013 - 2014

•    Salary schedule increases by 1% (one percent)

•    Members advance steps

2.    School Year 2014 - 2015

    Salary schedule increases by 2% (two percent)

•    Members advance steps

3.    School Year 2015 - 2016

•    Salary schedule increases by 2% (two percent)

•    Members advance steps

•    Additionally, effective the last day of the Contract, the salary schedule shall be increased by another 1% (one percent), with the increase applied to the salary schedule effective the first pay period of School Year 2016-2017. This increase shall be provided regardless of any agreement the parties reach in successor Contract negotiations for a further salary increase for School Year 2016-2017.

 

STEP

SY 2013-2014

SY2014-2015

SY2015-2016

Last day of SY2015-2016

 

 

1

$41,065

$41,886

$42,724

$43,151

 

 

2

$43,117

$43,979

$44,859

$45,307

 

 

3

$45,274

$46,180

$47,103

$47,574

 

 

4

$47,538

$48,488

$49,458

$49,953

 

 

5

$49,914

$50,912

$51,931.

$52,450

 

 

6

$52,409

$53,457

$54,526

$55,071

 

 

7

$55,031

$56,131

$57,254

$57,827

 

 

8

$57,782

$58,938

$60,116

$60,718

 

 

9

$60,671

$61,884

$63,122

$63,753

 

 

10

$63,705

$64,979

$66,278

$66,941

 

 

11(B+30 & above)

$66,902

$68,240

$69,605

$70,301

 

Section 1 - CLASSIFICATION A2 -Wages for Nurses without a Bachelor Degree Effective the beginning of the 2013-2014 School Year, a new Step 7 ($53,257) will be established.

1.    School Year 2013 - 2014

•    Salary schedule increases by 1% (one percent)

•    Nurses advance steps

2.    School Year 2014 - 2015

•    Salary schedule increases by 2% (two percent)

•    Nurses advance steps

3.    School Year 2015 -2016

•    Salary schedule increases by 2% (two percent)

•    Nurses advance steps

•    Additionally, effective the last day of the Contract, the salary schedule shall be increased by another 1% (one percent), with the increase applied to the salary schedule effective the first pay period of School Year 2016-2017. This increase shall be provided regardless of any agreement the parties reach in successor Contract negotiations for a further salary increase for School Year 2016-2017.

STEP

SY 2013-2014

SY2014-2015

SY2015-2016

Last day of

1

$39,967

$40,766

$41,581

$41,997

2

$42,271

$43,116

$43,978

$44,418

3

$44,575

$45,467

$46,376

$46,840

4

$46,879

$47,817

$48,773

$49,261

5

$49,183

$50,167

$51,170

$51,682

6

$51,742

$52,777

$53,833

$54,371

7

$53,790

$54,865

$55,963

$56,522

Upon receipt of a Bachelor Degree, a nurse will be moved from Classification A2 to Classification Al in accordance with the process defined in Article XXVII, Section 3 -Graduate Course Lane Change Requests.

Section 2 - CLASSIFICATION B -Graduate Courses

Added to base figure each year

2013-2014

2014-2015

2015-2016

Last day of 2015-2016

Bachelor+15

$1,006

$1,026

$1,046

$1,057

Bachelor +30

$2,356

$2,404

$2,452

$2,476

Master's

$2,994

$3,054

$3,115

$3,146

Master's+15

$3,999

$4,079

$4,160

$4,202

Master's +30

$5,684

$5,798

$5,914

$5,973

CAGS

$5,684

$5,798

$5,914

$5,973

Master's +45

$7,264

$7,409

$7,558

$7,633

Master's +60

$7,909

$8,067

$8,228

$8,311

Doctorate

$8,843

$9,019

$9,200

$9,292

Section 3 - Graduate Course Lane Change Requests

Any member hired on or after December 1, 2013, will not be eligible for the payment for having a Bachelor+15 and/or Bachelor +30.

A.  In order for budget planning to reflect lane changes, members who anticipate any lane change will notify the Administration by March 15 of the previous school year. Notification is not a prerequisite and will not hinder the receipt of the change.

B.  Requests for salary entitlement on the above schedule must be supported by official transcripts. All documentation for salary entitlement, including the pre-approval from the Principal, Director of Curriculum, and Superintendent and submission of official transcripts, must be submitted by October 31 of the school year for which payment is requested. If the documentation is not submitted until after October 31, salary entitlement will be granted the following school year. Once the salary entitlement process is completed, including final approval of the Superintendent and payment of a salary entitlement, it shall not be revoked unless it was granted or obtained under fraudulent circumstances. An error made by the Administration in granting the salary entitlement shall not be construed as fraudulent circumstances.

C. All lane change payments will be made by the last paycheck in November.

Section 4 - CLASSIFICATION C - Longevity

At completion of 15 seniority years    $   700

At completion of 20 seniority years    $1,000

At completion of 25 seniority years    $ 1,700

Section 5 - CLASSIFICATION Dl - Department Heads

It is agreed that Department Heads will be appointed for the following Departments: English, World

Language, Science and Technology, Fine Arts and Wellness, Mathematics, and Social Studies. Beginning in FY2010, the Arts and Wellness department will be split into two departments. The functions of the employees in these titles shall include up to three (3) teaching preparation levels along with the duties and responsibilities as described in the job description below:

Qualifications:

1.   Masters Degree and/or five (5) years of experience in subject area.

2.   Certified in one of the subject areas in the department.

3.   Strong leadership skills.

4.   Some training/experience in curriculum development and program evaluation.

Duties:

1.   Department heads will have clearly defined duties to include evaluation of all teachers in the Department upon which their Department Head stipend is based. In the event that an evaluation grade of a teacher is "unsatisfactory" or lower, the Department Head may request that the principal conduct an evaluation of the teacher in question. In accordance with his/her duties under M.G.L. c.71, §38 and the Handbook on Teacher Observation and Evaluation referred to in the Evaluation Article of this Agreement, the principal retains the right to evaluate any teacher or accept the evaluation of the Department Head as sufficient.

2.   Determine and revise (if necessary) the department budget.

3.   Inventory and order departmental supplies.

4.   Liaison between the department and the school administration.

5.   Liaison between the department and the Central Office (via the high school administration).

6.   Update and evaluate departmental textbooks with staff members.

7.   Update and evaluate departmental syllabi/curriculum guides with staff members.

8.   Assist the school administration with the placement and scheduling of students.

9.   Be available when necessary at three (3) evening meetings with as much advance notice as possible.

10. Sit (on a rotating basis) on the school's Administrative Board.

11. Attend professional development meetings (on school time) when necessary,

12. With the administration, determine the professional development needs of the department.

13. Consult with the administration (when necessary) on departmental issues or concerns,

14. Keep the department current on educational trends in curriculum or pedagogy.

15. Be a member (school will pay dues as part of the budget) of the National and State organizations for that department/discipline.

16. Assist the administration in the hiring of teachers within the department.

17. Visit and observe classrooms to enhance the educational program and its implementation, provided this information will not be utilized regarding the status of a teacher.

Working Conditions:

1.   A. Not more man four (4) teaching periods.

B.   Guaranteed one (1) department business period, and except in unforeseen emergencies, a second department business period.

C.  No home room/advisory assignments.

D.  No additional coverage's, except in emergency situations additional coverage will be on an equitable, rotating basis.

2.   Appointments will be for two (2) school years.

3.   A Department Head may be removed from the position during the term of the appointment and returned to a full-time teaching position for just cause. A decision to not reappoint a member to a Department Head position is not a removal. Therefore, this provision shall not apply.

4.   Department Heads are required to work the same number of days as regular teachers and may be required to work up to ten (10) additional days, for which they will be compensated at their per diem rate, with the approval of the Building Principal. Department Heads may be granted up to 3 (three) days of compensatory time during the school year for work required during the summer, as determined by, and with the approval of the Building Principal.

5.   Department heads may not count themselves as a department member. Part-time employees will be counted as a department member for purposes of stipends.

Salary:

Department Size

2013-2014

2014-2015

2015-2016

Last day of 2015-2016

Fewer than 5 teachers

$4,225

$4,310

$4,396

$4,440

5-7 teachers

$4,918

$5,016

$5,117

$5,168

8 teachers or more

$5,658

$5,772

$5,887

$5,946

Department Heads are expected to participate in any training programs that the Bellingham School Department may offer or designate to enhance their skills for conducting teacher evaluations. The School Department will pay the fees and expenses related to such training programs.

Section 6 - CLASSIFICATION E - Lead Nurse

The lead nurse will be responsible to his/her building principal, as well as to the Superintendent of schools. His/her evaluation, in the position of lead nurse, will be based on collaboration amongst all the principals.

Qualifications:

1.   Master's degree and/or five (5) years experience as a school nurse.

2.   Licensed as a School Nurse/Public Health Nurse/ Advanced Practice Pediatric Nurse.

3.   Certification in cardio-pulmonary resuscitation.

4.   Valid Department of Education license as a school nurse.

5.   Valid license to practice as a Registered Nurse in Massachusetts.

Duties: In addition to normal school nurse responsibilities, the lead nurse will:

1.   Provide nursing leadership within the school system.

2.   Coordinate the clinical aspects of the school health program.

3.   Collaborate with the other members of the health services and health/wellness education team.

4.   Use a public health model of assessment, policy development and assurance.

5.   Collaborate with the School Physician, principals and nursing staff in developing and implementing the school health program.

6.   Supervise and observe, in conjunction with the member's building principal, all clinical nursing staff who provide services in the health program. Final evaluations will be written by the member's building principal.

Working conditions:

1.   Appointments will be made by the Superintendent and will be for two (2) school years.

2.   The school year for the lead nurse will be the same number of days as regular teachers. He/she may be required to work up to five (5) additional days, for which he/she will be compensated at his/her per diem rate.

Salary:

The lead nurse may not count himself/herself as a member for stipend purposes.

Number of Nurses

2013-2014

2014-2015

2015-2016

Last day of 2015-2016

Fewer than 5 nurses

$4,225

$4,310

$4,396

$4,440

5-7 nurses

$4,918

$5,016

$5,117

$5,168

Section 7 - CLASSIFICATION F - Extra-Curricular Pay Schedule

 

2013-2014

2014-2015

2015-2016

Last day of 2015-2016

Actor's Workshop Advisor

$1,426

$1,455

$1,484

$1,499

Audio-Visual Director (HS)

$2,498

$2,548

$2,599

$2,625

Cable TV (HS)

$2,498

$2,548

$2,599

$2,625

Chess Club (HS)

$1,561

$1,593

$1,625

$1,641

Chorus (MS)

$1,254

$1,280

$1,305

$1,318

Color Guard Advisor (HS)

$936

$955

$974

$984

Community Service Club Advisor (MS)

$1,130

$1,153

$1,176

$1,188

Drama Club Advisor (HS)

$1,715

$1,749

$1,784

$1,802

Drama Club Advisor (MS)

$1,254

$1,280

$1,305

$1,318

Freshman Class Advisor (HS)

$549

$560

$572

$577

Home Instruction (per hour/district-wide)

$24.75

$25.24

$25.74

$26.00

Junior Class Advisor (HS)

$1,089

$1,111

$1,133

$1,144

Majorettes' Advisor (HS)

$1,876

$1,913

$1,951

$1,971

Marching Band Director (HS)

$1,876

$1,913

$1,951

$1,971

Marching Band Percussion Coach (HS)

$821

$838

$854

$863

Math Club Advisor (HS)

$1,251

$1,276

$1,302

$1,315

Math Club Advisor (MS)

$1,254

$1,280

$1,305

$1,318

Mock Trial Coach (HS)

$605

$617

$629

$636

National Honor Society Advisor (HS)

$821

$838

$854

$863

Newspaper Advisor (HS)

$1,876

$1,913

$1,951

$1,971

Newspaper Advisor (MS)

$1,254

$1,280

$1,305'

$1,318

OEA Advisor (HS)

$1,876

$1,913

$1,951

$1,971

SADD Advisor

$2,377

$2,424

$2,473

$2,497

SADD Assistant Advisor

$1,029

$1,050

$1,071

$1,081

Senior Class Advisor (HS)

$2,342

$2,389

$2,437

$2,461

 

2013-2014

2014-2015

2015-2016

Last day 2015-201

 

Sophomore Class Advisor (HS)

$680

$6,93

$707

$714

 

Student Activities Coordinator (HS)

$2,498

$2,548

$2,599

$2,625

 

Student Council Advisor (HS)

$1,089

$1,111

$1,133

$1,144

 

Student Council Advisor (MS)

$1,057

$1,079

$1,100

$1,111

 

Team Leaders (MS)

$1,254

$1,280

$1,305

$1,318

 

Year Book Advisor (HS)

$2,498

$2,548

$2,599

$2,625

 

Section 8 - CLASSIFICATION G - Coaches' Salaries High School and Middle School

Position/STEP

2013-2014

2014-2015

2015-2016

Last day of

2015-2016

Baseball, Head Coach

Step 1

$4,073

$4,155

$4,238

$4,280

Step 2

$4,598

$4,689

$4,783

$4,831

Step 3

$5,139

$5,242

$5,346

$5,400

Baseball, Jr. Varsity Coach

Step 1

$2,698

$2,752

$2,807

$2,835

Step 2

$2,966

$3,026

$3,086

$3,117

Step 3

$3,239

$3,304

$3,370

$3,404

Baseball, Freshmen Coach

Step 1

$1,804

$1,840

$1,877

$1,896

Step2

$2,371

$2,419

$2,467

$2,492

Step 3

$2,997

$3,057

$3,118

$3,149

Baseball, Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Basketball, Boys' Head Coach

Step 1

$5,244

$5,349

$5,456

$5,510

Step 2

$5,791

$5,907

$6,025

$6,086

Step 3

$6,333

$6,459

$6,589

$6,654

Basketball, Boys' Jr. Varsity Coach

Step 1

$2,981

$3,040

$3,101

$3,132

Step 2

$3,254

$3,319

$3,386

$3,420

Step3

$3,528

$3,598

$3,670

$3,707

Basketball, Boys' Freshmen Coach

Step 1

$2,915

$2,973

$3,033

$3,063

Step 2

$3,189

$3,252

$3,317

$3,351

Step 3

$3,458

$3,527

$3,598

$3,634

Basketball, Boys' Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Basketball, Girls' Head Coach

Step 1

$5,244

$5,349

$5,456

$5,510

Step 2

$5,791

$5,907

$6,025

$6,086

Step 3

$6,333

$6,459

$6,589

$6,654

Basketball, Girls' Jr. Varsity Coach

Step 1

$2,981

$3,040

$3,101

$3,132

Step 2

$3,254

$3,319

$3,386

$3,420

Step 3

$3,528

$3,598

$3.67

$3,707

Basketball, Girls' Freshman Coach

Step 1

$2,915

$2,973

$3,033

$3,063

Step 2

$3,189

$3,252

$3,317

$3,351

Step 3

$3,458

$3,527

$3,598

$3,634

Basketball, Girls' Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Cheerleaders Coach, Fall

Step 1

$1,311

$1,337

$1,364

$1,378

Step 2

$1,585

$1,616

$1,649

$1,665

Step 3

$1,854

$1,891

$1,929

$1,949

Cheerleader Coach, Winter

Step 1

$1,311

$1,337

$1,364

$1,378

Step 2

$1,585

$1,616

$1,649

$1,665

Step 3

$1,854

$1,891

$1,929

$1,949

Cross Country, Head Coach

Step 1

$2,745

$2,800

$2,856

$2,885

Step2

$3,016

$3,076

$3,138

$3,169

Step 3

$3,291

$3,356

$3,424

$3,458

Cross Country, Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Field Hockey, Head Coach

Step 1

$3,539

$3,610

$3,682

$3,719

Step 2

$3,809

$3,885

$3,963

$4,002

Step 3

$4,079

$4,161

$4,244

$4,287

Field Hockey, Jr. Varsity Coach

Step 1

$2,617

$2,669

$2,723

$2,750

Step 2

$2,885

$2,942

$3,001

$3,031

Step 3

$3,160

$3,223

$3,288

$3,321

Field Hockey, Freshmen Coach

Step 1

$1,995

$2,035

$2,075

$2,096

Step 2

$2,284

$2,329

$2,376

$2,400

Step 3

$2,567

$2,619

$2,671

$2,698

Field Hockey, Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Football Head Coach

Step 1

$5,973

$6,093

$6,214

$6,277

Step 2

$6,519

$6,649

$6,782

$6,850

Step 3

$7,064

$7,205

$7,349

$7,423

Football, First Assistant Coach

Step 1

$3,916

$3,994

$4,074

$4,115

Step 2

$4,190

$4,274

$4,360

$4,403

Step 3

$4,462

$4,551

$4,642

$4,689

Football, Assistant (2) Coaches

Step 1

$3,290

$3,355

$3,422

$3,457

Step 2

$3,556

$3,627

$3,700

$3,737

Step 3

$3,834

$3,911

$3,989

$4,029

Football Freshman Coach

Step 1

$3,254

$3,319

$3,386

$3,420

Step 2

$3,544

$3,615

$3,687

$3,724

Step 3

$3,813

$3,889

$3,967

$4,006

Golf Coach

Step 1

$1,740

$1,775

$1,811

$1,829

Step 2

$2,012

$2,052

$2,093

$2,114

Step 3

$2,284

$2,329

$2,376

$2,400

Ice Hockey, Head Coach

Step 1

$4,525

$4,615

$4,708

$4,755

Step 2

$5,071

$5,173

$5,276

$5,329

Step 3

$5,614

$5,726

$5,840

$5,899

Ice Hockey, Jr. Varsity Coach

Step 1

$2,981

$3,040

$3,101

$3,132

Step 2

$3,254

$3,319

$3,386

$3,420

Step 3

$3,528

$3,598

$3,670

$3,707

Intramural Coaches Middle School

Fall, Winter, Spring

$1,254

$1,280

$1,305

$1,318

Lacrosse, Boys' Head Coach

Step 1

$3,655

$3,728

$3,803

$3,841

Step 2

$4,022

$4,102

$4,184

$4,226

Step 3

$4,265

$4,351

$4,438

$4,482

Lacrosse, Boys' Jr. Varsity Coach

Step 1

$2,317

$2,363

$2,411

$2,435

Step 2

$2,558

$2,609

$2,662

$2,688

Step 3

$2,803

$2,859

$2,916

$2,945

Lacrosse, Girls Head Coach

Step 1

$3,655

$3,728

$3,803

$3,841

Step 2

$4,022

$4,102

$4,184

$4,226

Step 3

$4,265

$4,351

$4,438

$4,482

Lacrosse, Girls Jr. Varsity Coach

Step 1

$2,317

$2,363

$2,411

$2,435

Step 2

$2,558

$2,609

$2,662

$2,688

Step 3

$2,803

$2,859

$2,916

$2,945

Softball Head Coach

Step 1

$4,048

$4,129

$4,212

$4,254

Step 2

$4,598

$4,689

$4,783

$4,831

Step 3

$5,139

$5,242

$5,346

$5,400

Softball, Jr. Varsity Coach

Step 1

$2,698

$2,752

$2,807

$2,835

Step 2

$2,966

$3,026

$3,086

$3,117

Step 3

$3,239

$3,304

$3,370

$3,404

Softball, Freshmen Coach

Step 1

$1,804

$1,840

$1,877

$1,896

Step 2

$2,371

$2,419

$2,467

$2,492

Step 3

$2,997

$3,057

$3,118

$3,149

Softball Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Soccer, Boys, Head Coach

Step 1

$4,241

$4,326

$4,412

$4,456

Step 2

$4,512

$4,602

$4,694

$4,741

Step 3

$4,786

$4,882

$4,980

$5,030

Soccer, Boys, Jr. Varsity Coach

Step 1

$2,491

$2,540

$2,591

$2,617

Step 2

$2,766

$2,822

$2,878

$2,907

Step 3

$3,038

$3,099

$3,161

$3,192

Soccer, Boys' Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Soccer, Girls, Head Coach

Step 1

$4,241

$4,326

$4,412

$4,456

Step 2

$4,512

$4,602

$4,694

$4,741

Step 3

$4,786

$4,882

$4,980

$5,030

Soccer, Girls, Jr. Varsity Coach

Step 1

$2,491

$2,540

$2,591

$2,617

Step 2

$2,766

$2,822

$2,878

$2,907

Step 3

$3,038

$3,099

$3,161

$3,192

Soccer, Girls' Middle School Coach

Step 1

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Tennis, Boys' Head Coach

Step 1

$2,552

$2,603

$2,655

$2,682

Step 2

$2,832

$2,889

$2,946

$2,976

Step 3 

$3,099

$3,161

$3,224

$3,256

Tennis, Girls' Head Coach

Step 1

$2,552

$2,603

$2,655

$2,682

Step 2

$2,832

$2,889

$2,946

$2,976

Step 3

$3,099

$3,161

$3,224

$3,256

Track, Indoor Head Coach, Boys & Girls

Step 1

$3,129

$3,192

$3,255

$3,288

Step 2

$3,402

$3,470

$3,539

$3,574

Step 3

$3,670

$3,744

$3,819

$3,857

Track, Indoor Assistant Coach, Boys

Step 1

$1,985

$2,024

$2,065

$2,085

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,526

$2,577

$2,628

$2,654

Track, Indoor Assistant Coach, Girls

Step 1

$1,985

$2,024

$2,065

$2,085

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,526

$2,577

$2,628

$2,654

Track, Spring Head Coach, Boys

Step 1

$2,935

$2,994

$3,054

$3,084

Step 2

$3,479

$3,549

$3,620

$3,656

Step 3

$4,026

$4,106

$4,189

$4,230

Track, Spring Assistant Coach, Boys

Step 1

$2,407

$2,455

$2,504

$2,529

Step 2

$2,682

$2,735

$2,790

$2,818

Step 3

$2,955

$3,014

$3,075

$3,105

Track, Spring Head Coach, Girls

Step 1

$2,935

$2,994

$3,054

$3,084

Step 2

$3,480

$3,550

$3,621

$3,657

Step 3

$4,026

$4,106

$4,189

$4,230

Track, Spring Assistant Coach, Girls

Step 1

$2,407

$2,455

$2,504

$2,529

Step 2

$2,682

$2,735

$2,790

$2,818

Step 3

$2,955

$3,014

$3,075

$3,105

Volleyball, Head Coach

Step 1

$2,947

$3,006

$3,066

$3,097

Step 2

$3,218

$3,282

$3,348

$3,381

Step 3

$3,493

$3,562

$3,634

$3,670

Volleyball, Jr. Varsity Coach

Step 1

$2,328

$2,375

$2,422

$2,446

Step 2

$2,561

$2,613

$2,665

$2,691

Step 3

$2,797

$2,853

$2,910

$2,939

Volleyball, Freshmen Coach

Step 1

$1,995

$2,035

$2,075

$2,096

Step 2

$2,284

$2,329

$2,376

$2,400

Step 3

$2,567

$2,619

$2,671

$2,698

Volleyball, Middle School Coach

Stepl

$2,008

$2,048

$2,089

$2,110

Step 2

$2,259

$2,305

$2,351

$2,374

Step 3

$2,511

$2,561

$2,612

$2,638

Wrestling, Head Coach

Step 1

$3,655

$3,728

$3,803

$3,841

Step2

$4,022

$4,102

$4,184

$4,226

Step 3

$4,265

$4,351

$4,438

$4,482

Wrestling, Jr. Varsity Coach

Step 1

$2,317

$2,363

$2,411

$2,435

Step 2

$2,558

$2,609

$2,662

$2,688

Step 3

$2,803

$2,859

$2,916

$2,945

The above schedules are applied as follows:

Experience: 1 Year - Step 1            2 Years - Step 2         3 Years - Step 3

Promotion to the above steps is subject to the Athletic Director's evaluation. Based on the evaluation, the Superintendent, in consultation with the Athletic Director, has the option to withhold promotion to a higher step or to reduce the step by one.

ARTICLE XXVIII

SECTION 403B PLAN

Effective September 1, 2003, the Committee agrees to establish a 403b plan in accordance with IRS regulations. Members of the bargaining unit who are not eligible for the benefits of Article XXV -Early Retirement — will be eligible to receive employer contributions to the plan after fifteen (15) years of service as a teacher with the Bellingham School Department. ("403b eligible teacher"). The Committee agrees to contribute One Hundred Dollars ($100.00) per 403b eligible teacher per year to the plan, but there shall be no additional cost to the Committee. The Committee agrees to withhold any additional employee contributions to this plan, and to remit the combined employee/employer amount to a third party administrator.

Effective January 1, 2009, the Committee agrees to accept contributions from any other member of the Association not otherwise qualified under Section XXVIII subject to the same limitations found above.

ARTICLE XXIX

MEDICAL CO-PAY CHANGES

Beginning in 2008-2009 school year, members agree to provide the following co-pay amounts:

•    Office visit - $15

•    Emergency Room - $75

•    Prescriptions - $10/$20/$35

   Inpatient deductible with annual cap of $250/pp and $500/family

ARTICLE XXX

DURATION Section 1

This Agreement shall be deemed to have taken effect as of September 1, 2013 and shall continue in effect to and include August 31, 2016, and shall thereafter automatically renew itself for successive terms of one (1) year each unless by September 30 next prior to expiration of the contract year involved either the School Committee or the Association shall have given the other written notice of its desire to modify or terminate this Agreement.

IN WITNESS WHEREOF the parties of this agreement have caused it to be executed in duplicate in their names by their respective authorized officers, on the date first written above.

Bellingham Teachers' Association                             BellinghamtSchool Committee

By:_____________________                                        By: _____________________

By:_____________________                                        By: _____________________

By: _____________________                                       By: _____________________

By: _____________________                                       By: _____________________

By: _____________________                                       By: _____________________

Date: ____________________                                      Date: ____________________

ADDENDUM A

Teachers with 25 Years of Service as of September 1, 2003

Joan Cintolo         William Delaney           Mary Jane Fiorenzano          Patricia Renaud

ADDENDUM B

Teachers Eligible for an Attendance Incentive Payment as of the Close of School June 2005

Monica Anderson

Carlos Costa

Marie Forte

Dorothy Hunt

Arielle Morris

Susan Seery

Spencer

William Delaney

Donna Fuller

Michelle Jewers

Janet Oriani

Christine Sivyllis

Jennifer

Robert Devlin

Lori Gaynor

William Jewers

Christine Paulhus

Catherine Sjogren

Athanasopoulos

Anne Donahue-Boddy

Jean Giordano

Donna Kozak

Patricia Perry

Sandra Streichert

Audrey Barber

Tracy Dorcil

Michelle Goldberg

Priscilla Kupiec

Karen Pihl

Kathleen Strom

Nancy Belsito

Gina Drainville

Johnna Gorman

Catherine Laplante

Lisa Powers

Kathleen Sullivan

Cynthia Benson

Timothy Etter

Sharon Grant

Meghan Larkin

Jared Procopio

Linda Tavares

Karen Bergeron

Robert Evans

Lori Graveline

Lucille Letourneau

Jan Rasche

Maryann Teper

Barbara Callahan

Maria Eydenberg

Jacqueline Greenhalgh

Beth Lewicki

Claudette Recore

Christopher Vitullo

Linda Carrier

Jacqueline Farese

Coleen Hafford

Stephanie Lopatsky

Patricia Renaud

Elaine Wethey

Lauren Cassidy

Mary Federlein

Forest Henderson

Maureen Maines

Monica Rigamonti

Donna Winslow

Thomas Chiappone

Laura Ferragamo

Patricia Henry

Joann Masterson

Edward Rigney

Jean Woodford

Joan Cintolo

Jacqueline Ferreira

David Holmes

Grace McDonald

Benjamin Roy

Peter Woodward

Laurie Clinton

Mary Jane Fiorenzano

Nicole Houston

Scott McDonald

Linda St. Pierre

Jeanne Xantos

Kris Colella

Matthew Flaherty

Joanne Hoyt

Kevin McNamara

Lauren Samek

Amy Youkilis

Monica Coler

Michael Flynn

 

Emily Meade

Diana Sandini

Melissa Young-Foster

Jane Connors

 

 

Lisa Mendes

 

 

Angela Consigli

 

 

 

 

 

ADDENDUM C

Seniority List (as of June 30, 2014)

First

Last

School

Department

Date Hired

Sen

 

Joan

Cintolo

BMMS

Grade 5 Teacher

9/5/72

42.0

 

William

Delaney

BMMS

Grade 5 Teacher

9/5/72

42.0

 

Patricia

Renaud

South/MS

Music Teacher

9/2/75

37.8

 

Mary Jane

Fiorenzano

South

Kindergarten Tea

9/6/77

36.3

 

Maureen

Maines

BMMS

Grade 5 Teacher

11/17/81

32.6

 

Angela

Consigli

South

Speech

9/7/82

31.9

 

Gina

Drainville

South

Grade 3 Teacher

3/11/85

29.4

 

Elaine

Wethey

BMMS

Grade 5 Teacher

9/2/86

28.0

 

Claudette

Recore

BHS

Sped Teacher

9/3/86

28.0

 

Jacqueline

Ferreira

Macy/SB

Speech Therapist

9/2/87

26.0

 

Lisa

Powers

BMMS

Grade 5 Teacher

8/31/92

22.0

 

Patricia

Henry

South

Grade 1 Teacher

8/31/92

22.0

 

Laura

Ferragamo

South

Grade 2 Teacher

8/30/93

21.0

 

Jacqueline

Farese

PJP

Adjust Counselor

8/30/93

21.0

 

Grace

McDonald

BHS

World Lang Teacher

8/30/93

21.0

 

Coleen

Hafford

Macy

Grade 2 Teacher

9/8/93

21.0

 

Forest

Henderson

BHS

Science Teacher

10/13/93

20.9

 

Lori

Graveline

BMMS

Grade 5 Teacher

8/30/93

20.8

 

Jackine

Greenhalgh

South

Grade 3 Teacher

8/29/94

20.0

 

Dorothy

Hunt

South

Grade 2 Teacher

8/29/94

20.0

 

JoAnn

Masterson

BHS

Science Teacher

8/29/94

20.0

 

Jean

Woodford

PJP/South

Phys Ed Teacher

8/29/94

20.0

 

Lisa

Mendes

South

Grade 2 Teacher

8/29/94

20.0

 

Nancy

Belsito

South

Grade 1 Teacher

8/31/92

19.9

 

Thomas

Chiappone

BMMS

Phys Ed Teacher

8/28/95

19.0

 

Maria

Eydenberg

SB/Macy

Art Teacher

8/28/95

19.0

 

Christine

Paulhus

South

Grade 2 Teacher

8/28/95

19.0

 

Nicole

Houston

SB

Grade 1 Teacher

8/28/95

19.0

 

Sandra

Streichert

Macy

Grade 4 Teacher

8/28/95

18.0

 

Beth

Lewicki

Preschool

Speech Therapist

11/1/95

18.0

 

Michael

Flynn

BMMS

Sped Teacher

8/26/96

18.0

 

Donna

Fuller

BHS

Sped Teacher

8/26/96

18.0

 

Jean

Giordano

SB

Grade 2 Teacher

8/26/96

18.0

 

Sharon

Grant

SB

Sped Teacher

8/26/96

18.0

 

Anne

Donahue-Boddy

Macy

Grade 3 Teacher

8/26/96

18.0

 

Lauren

Samek

South

Grade 4 Teacher

8/26/96

17.9

 

Maryann

Teper

South

Psychologist/Chair

10/2/96

17.9

 

Amy

Youkilis

SB

Reading /RecTea

8/26/96

17.8

 

Donna

Winslow

SB/Macy

Occup Therapist

11/13/96

17.8

 

Robert

Evans

BHS

Phys Ed

8/25/97

17.0

 

Janet

Oriani

BMMS

Art Teacher

8/25/97

17.0

 

 

Karen

Pihl

Macy

Grade 4 Teacher

8/25/97

17.0

 

Robert

Devlin

BHS

Guidance Counselor

9/26/97

16.9

 

Monica

Anderson-Spencer

BMMS

Music/Chorus Tea

10/20/97

16.8

 

Catherine

LaPlante

BMMS

Phys Ed

8/29/98

16.0

 

Mary

Federlein

BMMS

Grade 6 Teacher

8/31/98

16.0

 

Kevin

McNamara

BHS

History Teacher

8/31/98

16.0

 

Lucille

Letourneau

BMMS

Sped Teacher

9/29/98

15.9

 

Laurie

Clinton

SB

Grade 3 Teacher

8/30/99

15.0

 

Michelle

Jewers

South

Kindergarten Tea

8/30/99

15.0

 

Priscilla

Kupiec

South

Grade 1 Teacher

8/30/99

15.0

 

Jan

Rasche

BMMS

Grade 6 Teacher

8/30/99

15.0

 

Monica

Rigamonti

Macy

Grade 1 Teacher

8/30/99

15.0

 

Linda

Tavares

Macy

Kindergarten Tea

8/30/99

15.0

 

Christopher

Vitullo

BMMS

English Teacher

8/30/99

15.0

 

Jennifer

Athanasopoulas

SB

Grade 3 Teacher

8/30/99

14.8

 

Edward

Rigney

BHS

History Teacher

8/28/00

14.0

 

Linda

St. Pierre

SB

Kindergarten Tea

8/28/00

14.0

 

Karen

Bergeron

BHS

English Teacher

8/28/00

13.9

 

Tracy

Dorcil

South

Grade 4 Teacher

8/29/00

13.8

 

Melissa

Young-Foster

South

Grade 3 Teacher

11/14/00

13.5

 

William

Jewers

BHS

Soc Studies Teacher

8/27/01

13.0

 

Susan

Seery

BHS

Science Teacher

8/27/01

13.0

 

Kathleen

Sullivan

South

Kindergarten Tea

9/4/01

13.0

 

Marie

Forte

BHS

Music Teacher

9/2/02

12.0

 

Jo-anne

Hoyt

BMMS

Sped Teacher

9/3/02

12.0

 

Jared

Procopio

BMMS

History Teacher

9/3/02

12.0

 

Peter

Woodward

BMMS

Grade 7 Teacher

9/17/02

11.9

 

Barbara

Callahan

BMMS

Grade 6 Teacher

10/21/02

11.8

 

Lauren

Cassidy

SB

. Grade 4 Teacher

2/3/03

11.5

 

Carlos

Costa

BHS

Health/PE

8/28/03

11.0

 

Donna

Kozak

BMMS

Math Teacher

8/28/03

11.0

 

David

Holmes

BHS

Spanish Teacher

8/28/03

11.0

 

Megan

Larkin

BHS

Spanish Teacher

8/28/03

11.0

 

Stefanie

Lopatsky

SB/Macy

Phys Ed Teacher

8/28/03

11.0

 

Cynthia

Benson

BMMS

Art Teacher

9/9/03

11.0

 

Catherine

Sjogren

BHS

English Teacher

8/28/03

10.9

 

Patricia

Perry

SB

Kindergarten

10/10/03

10.9

 

Lori

Gaynor

BMMS

Special Ed Teacher

8/28/03

10.8

 

Michelle

Goldberg

South

Speech Therapist

11/5/03

10.8

 

Emily

Meade

BMMS

Sped Teacher

8/28/03

10.7

 

Diana

Sandini

BHS

English Teacher

8/28/03

10.7

 

Linda

Cartier

BMMS

Technology Teacher

3/29/04

10.3

 

Kris

Colella

BHS

English Teacher

8/25/04

10.0

 

Karen

Davis

SB

Grade 2 Teacher

8/25/04

10.0

 

Timothy

Etter

BHS

Visual Art Teacher

8/25/04

10.0

 

Matthew

Flaherty

PJP

Social Studies Tea

8/25/04

10.0

 

Scott

McDonald

BMMS

Grade 6 Teacher

8/25/04

10.0

 

 

 

 

 

 

 

 

 

Benjamin

Roy

BHS

History Teacher

8/25/04

10.0

 

 

Christine

Sivyllis

BHS

Spanish Teacher

8/25/04

10.0

 

 

Kathleen

Strom

BMMS

Grade 5 Teacher

8/25/04

10.0

 

 

Jeanne

Xantus

SB

Grade 4 Teacher

8/30/04

10.0

 

 

Amy

Henry

South

Kindergarten Inclusion

8/23/05

10.0

 

 

Arielle

Morris

South

Literacy Specialist

8/25/04

9.9

 

 

Monica

Coler

BHS

Science Teacher

8/25/04

9.1

 

 

Julie

(Abair) Jacobsen

South

Grade 1 teacher

8/23/05

9.0

 

 

Jason

Deeks

BHS

English Teacher

8/23/05

9.0

 

 

Patricia

Gately

South

Grade 3 Teacher

8/23/05

9.0

 

 

Jeffrey

Grupposo

BMMS

Grade 6 Teacher

8/23/05

9.0

 

 

Edith

Naylor

Macy

Kindergarten Tea

8/23/05

9.0

 

 

Thomas

Norton

BHS

Math Teacher

8/23/05

9.0

 

 

Dawn

Peterson

BMMS

Math Teacher

8/23/05

9.0

 

 

Amy

Thompson Kindl

South

Special Ed Teacher

8/23/05

9.0

 

 

Caroline

Walsh

BHS

English Teacher

8/23/05

9.0

 

 

Jessica

Wright-Mullin

BMMS

Reading Teacher

8/23/05

9.0

 

 

Johnna

Gorman

BHS

Guidance

8/25/04

8.9

 

 

Ken

Rooney

South

Special Ed Teacher   .

8/23/05

8.9

 

 

Michelle

Hohmann

Macy

Kindergarten Tea

8/23/05

8.8

 

 

Nancy

Joyce

BHS

Special Ed Tea (SC)

8/23/05

8.8

 

 

Dayna

Chisholm

SB

Literary Specialist

8/23/05

8.6

 

 

Kimberly

Goulet

Macy

Grade 3 Teacher

8/29/06

8.0

 

 

Mary

Kern

Macy

Literacy Specialist

8/29/06

8.0

 

 

Jeremy

Mulligan

BMMS

Grade 5 Teacher

8/29/06

8.0

 

 

Pamela

Perry

BMMS

Science Teacher

8/29/06

8.0

 

 

Amanda

Ghostlaw

South

Grade 4 Teacher

8/29/06

7.9

 

 

Amy

Snay-Plass

BMMS

Special Ed Teacher

8/29/06

7.8

 

 

Debra

Sacco

BHS

Phys Ed Teacher

10/17/05

7.8

 

 

Robin

Ambler'

BMMS

English teacher

8/27/07

7.0

 

 

Douglas

Bonney

SB

Grade 2 Teacher

8/27/07

7.0

 

 

Kristen

Graveline

South

Spec Education Tea

8/27/07

7.0

 

 

James

Grover

BMMS

Math Teacher

8/27/07

7.0

 

 

Maribeth

Haynes

South

Grade 3 Teacher

8/27/07

7.0

 

 

Kristen

Bedard

BHS

Spec Education Tea

8/27/07

7.0

 

 

Amy-June

Remy

BHS

Math Teacher

8/27/07

7.0

 

 

Paula

Roberts

BHS

Math Teacher

8/27/07

7.0

 

 

Timothy

Smith

BHS

Science Teacher

8/27/07

7.0

 

 

Timothy

Twohig

BMMS

Science Teacher

8/27/07

7.0

 

 

Kelly

Nadeau

SB

Spec Education Tea

8/27/07

6.9

 

 

Gordon

Cole

BMMS

Math Teacher

9/20/07

6.9

 

 

Tanya

Lamoureux

Macy

Sped teacher

8/27/07

6.8

 

 

Kimberley

Sugden

PJP

Science Teacher

8/27/07

6.7

 

 

Elizabeth

Maher

South

Nurse

9/8/82

6.0

 

 

Sheila

Dennis

BHS

Nurse

1/6/92

6.0

 

 

Maureen

Loftus

BMMS

Nurse

8/31/06

6.0

 

 

Mary

Prior-Deleso

Preschool

Nurse

8/31/06

6.0

 

 

Robin

DuVamey

South

Art Teacher

8/28/07

6.0

 

 

Vought

Cally

Pre-K

Special Ed Teacher

8/25/08

6.0

 

 

Tara   -

Ducharme

HS/MS/PreK

Occup Therapist

8/25/08

6.0

 

 

Ann

Fuhrman

BHS

Resource/Inclusion Teacher

8/25/08

6.0

 

 

David

McCarthy

BHS

Math Teacher

8/25/08

6.0

 

 

Tara

Schiller

Macy

Nurse

9/19/08

5.9

 

 

Martha

Geromini

SB

Nurse

3/10/08

5.8

 

 

Lauren

Goodman

BMMS

Guidance Counselor

7/6/09

5.0

 

 

Leslie

Gibbons

District

Out District Co/Outreach

8/27/09

5.0

 

 

Noreen

Hefferon (Thomas)

South

Reading Recovery

8/27/09

5.0

 

 

John

Zappala

PJP

Resource Teacher

8/27/09

5.0

 

 

Meghan

Ziny

BHS

Spec Education Tea

8/27/09

5.0

 

 

Joshua

Lechter

South

Behavioral Specialist

9/21/09

4.9

 

 

David

Acerra

PJP

Art Teacher

11/16/09

4.7

 

 

Billiegene

Lavallee

BHS

Technology Teacher

2/8/10

4.5

 

 

Kathryn

Cameron

BHS

Science Teacher

8/30/10

4.0

 

 

Marilyn

DiStefano

BHS

Math Teacher

8/30/10

4.0

 

 

Justin

Scott

PJP

Special Ed/Math Tea

8/30/10

4.0

 

 

Sarah

Taglienti McKeever

BHS

Guidance Counselor

8/30/10

4.0

 

 

Katrina

Lorusso

BMMS

Science Teacher

9/20/10

3.9

 

 

Janine

Ohnemus

BMMS

Math Teacher

9/23/10

3.9

 

 

Melisa

Zambito

BHS

English Teacher

9/30/10

3.9

 

 

Brian

DeDentro

BHS

Social Studies Tea

3/17/11

3.3

 

 

Kimberly

Baker

SB

Special Ed Teacher

8/29/11

3.0

 

 

Pamela

Batten

SB

Kindergarten Tea

8/29/11

3.0

 

 

Robert

Glynn

BMMS

Music Director

8/29/11

3.0

 

 

George

Haddad

BHS

Math Teacher

8/29/11

3.0

 

 

Karen

Hurd

Macy

Grade 3 Teacher

8/29/11

3.0

 

 

Amy

Jordan

SB

Grade 2 Teacher

8/29/11

3.0

 

 

Holly

Long

SB

Title 1 Teacher

8/29/11

3.0

 

 

Kristin

Martin

BHS

Science Teacher

8/29/11

3.0

 

 

Amanda

Michaud

South

Grade 4 Teacher

8/29/11

3.0

 

 

Elizabeth

Nowik

SB/PRE

Psychoiogist/Chair

8/29/11

3.0

 

 

Nicole

Panzera Gould

BMMS

Grade 6 Teacher

8/29/11

3.0

 

 

Susan

Peterson

BMMS

Foreign Language

8/29/11

3.0

 

 

Mary

Ryan

BMMS

Technology Teacher

8/29/11

3.0

 

 

Lisa

Salvaggio

BMMS

Guidance Counselor

8/29/11

3.0

 

 

Justine

Spedden

Macy

0.5 Reading Rec

8/29/11

3.0

 

 

Elisa

Wadleigh

Macy

Kindergarten Tea

8/29/11

3.0

 

 

Kara

Winslow

Macy

Grade 2 Teacher

8/29/11

3.0

 

 

Colleen

Zappala

PJP

Guidance/Team Ch

10/11/11

2.9

 

 

Marielle

Berardi

BMMS

Social Studies Tea

8/27/12

2.0

 

 

Lee-Anne

Blanding

BMMS

English Teacher

8/27/12

2.0

 

 

Arlene

Borkum

District

Physical Therapist .6

8/27/12

2.0

 

 

Matthew

Brandell

South

Sped Teacher

8/27/12

2.0

 

 

Tina

Cortis

BMMS

Technology Teacher

8/27/12

2.0

 

 

Joan

Evans

BMMS

Sped Teacher

8/27/12

2:0

 

 

Laurie

Jason

Macy

Sped Teacher

8/27/12

2.0

 

 

Holly

Lowell

South

Sped Teacher

8/27/12

2.0

 

 

Luke

MacPherson

PJP

Sped Teacher

8/27/12

2.0

 

 

Cynthia

Nordquist

District

ELL Lead Tea .6

8/27/12

2.0

 

 

Donna

Nordquist

District

ELL Tea .6

8/27/12

2.0

 

 

Noelle

Romeo

BMMS

Psychology

8/27/12

2.0

 

 

Mary

Walnut

BMMS

Sped ABA Teacher

8/27/12

2.0

 

 

Angela

Woislaw

District

ELL Tea .5

8/27/12

2.0

 

 

Erinne

Wortham

BMMS

Science Tea

8/27/12

2.0

 

 

Nicole

Casey

PJP

Sped Teacher

9/4/12

2.0

 

 

Richard

Raiche

BMMS

Tech/Engineer Tea

9/4/12

2.0

 

 

Eliza

Celardo

Stall Brook

Speech/Lang Path

9/13/12

2.0

 

 

Bonnie

Harper

Stall/Macy

Music Teacher

8/27/12

1.9

 

 

Leslie

Paterson

South

Ther Beh Prog Coord

11/5/12

1.8

 

 

Rachel

Atwater-Rhodes

Macy

.8 Psych/Team Chair

8/26/13

1.0

 

 

Aileen

Costello

Macy

.5 Beh Specialist

8/26/13

1.0

 

 

Nicole

Lachance

Stall Brook

Grade 2-4 ABA Tea

8/26/13

1.0

 

 

Jennifer

Ogiba

Macy

Title 1 Teacher

8/27/13

1.0

 

 

Pauline

Fleury

HS

Math Teacher

8/28/13

1.0

 

 

Bridget

Hamilton

S/M/SB

.8 Occup Therapist

10/28/13

.8

 

 

Hana

McGowan

Stall Brook

.6 Math Specialist

1/21/14

.5

 

ADDENDUM D

Handbook on Teacher Observation and Evaluation

Keough Administration Building

60 Harpin Street

Bellingham, Massachusetts 02019

Edward L. Heury,                                                                      Telephone: 508-883-1706

Superintendent of Schools                                                                     Fax:508-883-0180

SIDE LETTER TO 2013-2016 COLLECTIVE BARGAINING AGREEMENT BETWEEN BELLINGHAM SCHOOL COMMITTEE AND BELLINGHAM TEACHERS ASSOCIATION

The parties agree to establish a stipend committee to review all aspects of current stipend positions and make a recommendation to the School Committee and the Association. The recommendation shall be non-binding. Any changes to stipends will be subject to bargaining. The subcommittee will consist of two members selected by the bargaining unit and two members of the School Committee. This committee is only in place for the term of this existing contract.

Supervision & Evaluation Process Memorandum of Agreement

Bellingham Public Schools

&

Bellingham Teachers Association

October 14, 2014

Committee Members

Matthew Bolduc                                JoAnn Masterson

Mary Federlein                                  Patricia Renaud

Edward Fleury                                      Benjamin Roy

Dorothy Hunt

Teacher and Caseload Educator Model Contract Language

This language is based on the Department of Elementary and Secondary Education model contract language posted on the DESE web site (available through www.massteacher.org clicking on MTA Toolkits and then Educator Evaluation Toolkit).

Sections:

(1)     Purpose of Educator Evaluation

(2)     Definitions

(3)     Evidence Used in Evaluation

(4)     Rubric

(5)      Evaluation Cycle: Training

(6)      Evaluation Cycle:  Self-Assessment

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

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

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

(10)     Observations

(11)      Evaluation Cycle: Formative Assessment

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

(13)     Evaluation Cycle: Summative Evaluation

(14)       Educator Plans : General

(15)     Educator Plans: Developing Educator Plan

(16)     Educator Plans: Self-Directed Growth Plan

(17)     Educator Plans: Directed Growth Plan

(18)      Educator Plans: Improvement Plan

(19)     Timelines

(20)     Career Advancement

(21)     Rating Impact on Student Learning Growth

(22)     Using Student feedback in Educator Evaluation

(23)     Using Staff feedback in Educator Evaluation

(24)      Transition from Existing Evaluation System

(25)      General Provisions

1)          Purpose of Educator Evaluation

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

B)          The regulatory purposes of evaluation are:

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

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

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

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

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

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

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

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

D)         *Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration (but not less than 10 minutes) and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03),

E)          *District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education

Frameworks, or other relevant frameworks, that are locally bargained and comparable across grade or subject level district-wide, These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.

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

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

i)          * Developing Educator Plan shall mean a plan developed by the Educator and the

Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment. New Assignment: An educator with PTS shall be considered in a new assignment when teaching under a different license.

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

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

iv)        *Improvement Plan shall mean a plan developed by the Evaluator of for a realistic time period sufficient to achieve the goals outlines in the Improvement Plan, but at least 30 school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator's unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year.

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

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

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

i)          Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation.

ii)          Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

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

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

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

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

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

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

O)        *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

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

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

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

S)          New Assignment: An educator with PTS shall be considered in a new assignment when teaching under a different license.

T)          ""Observation: A data gathering process that includes notes and judgments made during one or

more classroom or worksite visits(s) of any duration but not less than 10 minutes by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video. Video observations will be done openly and with knowledge of the Educator. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.  Normal supervisory responsibilities of department building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are considered walk-throughs and as such are not observations as defined in this Article.

i)          No Educator shall be video or audio recorded without his/her written permission,

ii)         The Evaluator will demonstrate his/her review of the recorded practice by following the

Unannounced Observation protocol and timelines outlined in Section 10A below.

iii)        Except only for use as an Unannounced Observation, all such recordings are the sole property of the Educator and the Evaluator may not share with anyone else without the written permission of the Educator.

U)        Parties: The parties to this agreement are the local school committee and the employee organization that represents the Educators covered by this agreement for purposes of collective bargaining, the Bellingham Teachers Association (BTA).

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

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

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

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

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

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

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

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

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

i)     Standard 1: Curriculum, Planning and Assessment

ii)     Standard 2: Teaching All Students

iii)         Standard 3: Family and Community Engagement

iv)     Standards Professional Culture

v)      Attainment of Professional Practice Goal(s)

vi)     Attainment of Student Learning Goal(s)

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

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

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

iii)     Elements: Defines the individual components under each indicator

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

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

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

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

EE)       Trends in student learning: At least two, three if available, years of data from the locally bargained district-determined measures and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low.

Sections of CBA language (* indicates the section is required element of the district's evaluation system is generally based on 603 CMR 35.00)

3)         Evidence Used In Evaluation

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

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

i)          *Measures of student progress on classroom assessments that are aligned with the

Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)         *At least two district-determined measures of student learning related to the

Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in wh