Norwell

Show detailed information about district and contract

DistrictNorwell
Shared Contract District
Org Code2190000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSouth Shore RVTSD
CountyPlymouth
ESE RegionSoutheast
Urban
Kind of Communityresidential suburbs
Number of Schools4
Enrollment2345
Percent Low Income Students4
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Norwell

AGREEMENT BETWEEN

THE NORWELL SCHOOL COMMITTEE

AND

THE EDUCATION ASSOCIATION OF NORWELL

2011 - 2013

AGREEMENT

Agreement made this 1st day of September, 2011, by and between the NORWELL SCHOOL COMMITTEE (hereinafter referred to as the "Committee") and the EDUCATION ASSOCIATION OF NORWELL (hereinafter referred to as the "Association").

ARTICLE I

Recognition

A.            For the purposes of collective bargaining with respect to wages, hours, and other conditions of employment, the Committee recognizes the Association as the exclusive representative of all professional teaching employees of the Norwell School System, including Department Heads, Supervisors, Directors, Assistant Directors, Specialists, listed in Article VII, Section B hereof, Occupational Therapists, and Nurses; but excluding the Superintendent, Assistant Superintendent, Principals, Assistant Principals, Athletic Director, Administrative Assistants, Central Office Directors and Substitute Teachers. Central Office Directors does not include Director of Social Health and Director of Media and Technology.

Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers", and references to male teachers will include female teachers.

B.            Except as specifically abridged, delegated, granted or modified by this Agreement, or any supplement thereof, or by Chapter 150E of the General Laws of Massachusetts, all of the rights, powers and authority held by the Committee and the Superintendent and principals prior to the effective date of this Agreement are retained by the Committee and the Superintendent and principals and the exercise of said rights, powers and/or authority shall not be subject to the grievance procedure and/or arbitration.

ARTICLE II

Negotiation Procedure

A. 1. Not later than September 15th of the calendar year preceding the calendar year in which this Agreement expires, the Committee agrees to enter into negotiations with the Association over a successor Agreement in accordance with the procedure set forth herein in a good faith effort to reach agreement concerning teachers' wages, hours, and other conditions of their employment. Such negotiations will include any matters covered by this Agreement and any other matters which the parties may mutually agree to be negotiable or which by law may be held to be negotiable. Any Agreement so negotiated will apply to all teachers covered by this Agreement, and will be reduced to writing and signed by the Committee and the Association.

2. During negotiations, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.

B.            This Agreement incorporates the entire understanding of the parties on ail issues which were or could have been the subject of negotiation. During the term of this Agreement neither party shall be required to negotiate with respect to any such matters whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time of negotiation or execution of this Agreement.

C.            This Agreement may not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

ARTICLE III

Grievance Procedure

A.            Definitions

1.                   A "grievance" is hereby defined to mean (a) a dispute arising from a complaint by any teacher or teachers covered by this Agreement, relating to the meaning, interpretation, or application of any of the express terms and provisions of this Agreement; or (b) a dispute arising from a complaint by the Committee or by the Administration of the Norwell School System that the Association has violated any of the express terms and provisions of this Agreement.

2.                   The "Superintendent" referred to herein shall mean the Superintendent with jurisdiction over the Norwell School System.

3.                   Review of decisions to dismiss, suspend, or demote a teacher, or reduce a teacher in salary, shall not be arbitrable, instead, a teacher aggrieved by such a decision may exercise such rights (if any) as he or she may have to a review of such decisions pursuant to Chapter 71, Section 42.

B.            Purpose

1.                   The purpose of this grievance procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise in connection with the application or implementation of any of the express terms and provisions of this Agreement. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.                   Any aggrieved teacher may individually present and adjust his/her grievance through the grievance procedure of this Agreement, or through normal administrative channels, without intervention by the Association, provided that the Association is afforded the opportunity to be present at all stages of the grievance procedure, and provided further that any adjustment shall not be inconsistent with the express terms and provisions of this Agreement. Any aggrieved teacher may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by an official or representative of any teacher organization other than the Association or any organization with which the Association is affiliated.

C.            Procedure for Adjusting Teachers' Grievances

The time limits contained herein shall be considered maxima unless extended by mutual agreement. Decisions rendered at Levels One, Two and Three of the grievance procedure will be in writing, setting forth the decision and the reasons therefor. Decisions rendered at Level Four will be in accordance with the procedures set forth in Paragraph 4(c) of this Section.

In the event a grievance is filed on or after June 1, which, if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable. If a grievance is in process at the termination of this Agreement, the grievance shall be processed in accordance with the grievance procedure.

1.             Level One.

An aggrieved teacher who wishes to present and adjust his/her grievance through the grievance procedure of this Agreement shall discuss the grievance with his/her principal or immediate supervisor in an effort to resolve the grievance informally, provided that the request for such discussion shall be made within five (5) school days following the occurrence of the act or condition upon which the grievance is based, or five (5) school days after that teacher reasonably should have known of said occurrence.

2.             Level Two.

If the aggrieved teacher is not satisfied with the disposition of his/her grievance at Level One, he/she may file a written statement of the grievance with the Superintendent within five (5) school days following the Level One discussion. The Superintendent shall, within five (5) school days following receipt of the written grievance, meet with the aggrieved teacher in an effort to resolve it, and shall, within five (5) school days following said meeting, furnish the answer in writing.

3.             Level Three.

If the aggrieved teacher is not satisfied with the disposition of the grievance at Level Two, he/she may file the grievance in writing with the Committee within ten (10) school days following the date of the Superintendent's answer at Level Two. Within fifteen (15) school days following the receipt of the grievance, the Committee, or its designated representative or representatives shall meet with the aggrieved teacher in an effort to resolve the grievance. The Committee shall render its decision in writing within fifteen (15) school days after said meeting at Level Three, unless said time is extended by mutual agreement.

4.             Level Four.

(a) If the aggrieved teacher is not satisfied with the disposition of the grievance at Level Three, and wishes to be represented by the Association in further processing of his/her grievance through the grievance procedure of this Agreement, he/she may, within ten (10) school days following the date of the Committee's decision at Level Three, file a written request with the Chairman of the Association's Professional Rights and Responsibilities Committee (hereinafter referred to as the PR&R Committee) for submission of the grievance to arbitration hereunder. The PR&R Committee may, if it believes the grievance to be meritorious, submit it to arbitration hereunder by written notice to the Committee within fifteen (15) school days following the date of the Committee's decision at Level Three.

(b)                Within five (5) school days after such written notice of submission to arbitration, the School Committee, or its designated representative or representatives, and the PR&R Committee will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator.

(c)                 The arbitrator so selected will conduct hearings and render a decision in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator shall be submitted to the School Committee and to the Association and, subject to law, shall be final and binding, provided that the arbitrator shall not in any way usurp any of the functions of the School Committee or the proper exercise of its rights, powers and authority under law and this Agreement. The arbitrator shall have no power in any way to alter, add to or detract from the terms and provisions of this Agreement.

(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 School Committee and the Association.

5.            The failure to comply with the time limits prescribed above for requesting discussion under Level One, filing grievances under Levels Two and Three, and requesting arbitration under Level Four, and the time limits prescribed in Section D, Subsection 1, below, for filing group grievances at Level Two, shall constitute a waiver of the grievances, or the right to submit said grievances to arbitration, as the case may be.

D.       Miscellaneous

1.                   If, in the judgment of the PR&R Committee, a grievance affects a group or class of teachers, the said Committee may submit such grievance in writing to the Superintendent directly, and the processing of such grievance will be commenced at Level Two, provided that such a group grievance shall be filed within fifteen (15) days after the occurrence of the act or condition upon which such grievance is based, or after the said Committee should reasonably have known of said occurrence.

2.                   Unless otherwise requested by an aggrieved teacher, any documents, communications and records involved in the processing of a grievance will be kept in the strictest confidence, and will not be disclosed to any person or persons making inquiries about the said teacher.

3.                   The Committee and the Administration will cooperate with the Association in the processing of any grievance, and will, upon appropriate request, furnish the Association with such information as is reasonably related to such processing.

4.                   No teacher shall be discriminated against in any way, or suffer any reprisals, by reason of his/her having processed, or having participated in the processing of, any grievance under the grievance procedure.

5.                   Any teacher having a complaint not related to the meaning, interpretation, or application of any of the express terms and provisions of this Agreement may informally discuss said complaint at normal administrative levels, or with the Committee, provided that such complaint shall in no event constitute a grievance referable to the grievance and arbitration procedure of this Agreement.

E.        Procedure for Adjusting Grievances of School Committee or Administration

If the School Committee or the Administration shall have a grievance, the Superintendent shall first discuss it with the Association's School Representative, with the objective of resolving the matter informally. If the matter is not satisfactorily resolved in this fashion, the Superintendent may file the grievance in writing with the Chairman of the PR&R Committee, provided that such written grievance must be filed not later than thirty (30) calendar days after the School Committee or the Administration have become aware of the occurrence of the act or condition upon which the grievance is based. The PR&R Committee shall meet with the Superintendent not later than ten (10) school days after receipt of the written grievance with the objective of resolving the grievance. If the grievance has not been satisfactorily resolved within five (5) school days after said meeting, the Committee or the Administration may then refer the grievance to binding arbitration under Level Four of Section C, above.

ARTICLE IV

Salaries

A.            The salaries of all persons covered by this Agreement are set forth in Appendix "A", which is attached hereto and made a part hereof. Salaries of part-time teachers shall be established under Appendix A in proportion to their workloads.

B.            Commencing with the 09-10 school year, unit members may elect to receive their annual salary in twenty-two or twenty-six payments.

ARTICLE V

Teaching Hours and Teaching Load

A.             1. (a) Starting and dismissal times for students will be established by the Committee, provided that (1) the Committee will notify the Association reasonably in advance of any change in said times, and (2) no change in said times will increase the length of the teachers' workday except as may be required because of any regulation or control of the students' day by the Commonwealth of Massachusetts, or any governmental body other than the Committee.

(b) The starting and dismissal times for students which are in effect as of the date of execution of this Agreement are as follows:

Elementary Schools (Grades K through 5):                  6 hours, 25 minutes

Middle School:                                                                   6 hours, 33 minutes

High School:                                                                        6 hours, 42 minutes

2.            (a)       Principals shall advise staff in their buildings of the start and dismissal times of the teacher workday as soon as the Committee adopts school start and dismissal times for students but generally no later than August 1st. The teacher workday shall be forty (40) minutes longer than the student day on Monday through Thursday, inclusive, and twenty-five (25) minutes longer on Friday, provided teachers may be required to remain for an additional period of thirty (30) minutes on one (1) afternoon between Monday and Thursday in the secondary schools. The School Committee retains the right to establish starting and ending times consistent with the unique needs of each school. Starting and ending times may also be adjusted to address program or schedule needs. Each workday shall begin not less than ten (10) minutes before the student day and shall end not less than ten (10) minutes after the end of the student day.

(b)                 The current preparation periods for secondary school classroom teachers (normally one (1) daily preparation period averaging between forty-six (46) minutes and fifty (50) minutes in length) will remain in effect for the term of this Agreement. If a teacher agrees to give up a preparation period in order to cover a class, he/she will be paid the sum of twenty ($20) dollars for covering such class, in addition to his/her regular earnings.

(c)                 The normal teaching schedule for secondary school classroom teachers shall consist of five (5) teaching periods, one (1) preparation period, and one (1) supervisory period, per day, exclusive of homeroom and/or activity periods.

B.             1.            For school year 2011-2012 and 2012-2013 only, the work year for bargaining unit members shall be 181 days, consisting of 180 instructional days for students, and 1 day for professional development. The professional development day shall be scheduled on the Tuesday after Labor Day. The parties agree that existing contract language and obligations relative to new teacher orientation shall continue to remain in effect for the 2011-2012 and 2012-2013 school year. During the 2011-2012 and 2012-2013 school year, the elementary staff shall not be required to host an Elementary School open house on the day before school for previously enrolled elementary students but will, consistent with their professional past practice, be available to consult with newly enrolled students during the course of said day or on another date and time mutually agreed upon by the teacher and family.

Effective September 1, 2013, the work year of teachers (other than new personnel who may be required to attend additional orientation sessions) will begin no earlier than September 1 and terminate no later than June 30. The "work year" shall consist of 184 days, two of which shall be designated as professional development days, with one of those to coincide with the Plymouth County Teachers1 Convention provided the date of the Plymouth County Teachers' Convention has been determined on or before the preceding January 15th . The "work year" will include days when pupils are in attendance, orientation days, and any other days on which teacher attendance is required by the School Committee.

2.        Early Release (See Side Letter)

C.            1.            Teachers may be required to remain before or after their regular workday, as defined in Section A (2)(a) above, without additional compensation, on three (3) days per month, not longer than one (1) hour on each of said days, provided this limitation may be exceeded as necessary at the discretion of the Administration.

2.                   Teachers may be required to attend up to seven (7) evening meetings per year.

3.                   Part-time teachers shall attend evening meetings, and shall, as needed by their Principals, attend release-time meetings, regardless of whether any of such meetings take place on their scheduled workdays.

D.            1.            Teachers will have duty-free lunch periods equal in length to the periods during which the pupils are assigned to the cafeteria for the purpose of eating lunch, and to be taken solely as duty-free lunch periods at the same time as the aforesaid pupils' lunch periods. If lunch and recess are combined at the elementary level, the lunch period at said level will be a minimum of twenty-five (25) minutes in length.

2.             (a)                     During the term of this Agreement, the Committee will provide preparation periods for elementary school classroom teachers by continuing to relieve them from classroom duties during the presence of specialists or substitutes therefor in their respective classrooms, and during the recess periods provided for in Subsection 3, below. Said preparation periods shall normally average two hundred twenty (220) minutes per week, including an uninterrupted thirty (30) minute preparation each day.

(b)             Elementary specialists, including but not limited to art, music and physical education,  shall normally average 220 minutes per week including an uninterrupted 30 minute preparation each day.

3.             During the term of this Agreement, teachers will not have recess duty more than one (1) recess period every three (3) weeks, provided that this limitation may be exceeded in emergency situations beyond the control of the Administration or for other good or sufficient reason approved in advance by the Superintendent.

E.            Teacher participation in the extra-curricular activities listed in Appendix "B" of this Agreement will be voluntary, and will be compensated for in accordance with the said Appendix.

F.             All reasonable efforts will be made to obtain substitutes for absent specialists and teachers in that order.

G.            Nurses required to travel to another school to cover for an absent nurse will receive twenty ($20.00) dollars per day for such coverage and will be reimbursed for mileage in accordance with the then applicable rate.

ARTICLE VI

Teacher-Pupil Ratio Reductions in Staff

A.            The Committee and the Association recognize the desirability of small class loads. However, the Association recognizes that existing physical facilities and the financial appropriations feasible necessarily influence any implementation of such policy.

B.            In classes organized by station at the secondary level, every reasonable effort will be made to maintain equality between the number of students and the number of stations.

C.            1.             Nothing in this Agreement shall be construed so as to limit or qualify the Committee's exclusive right to make final decisions as to the number of employees to be employed in the bargaining unit, and any increases or reductions in said number. For the purposes of this Section C, the term "teachers" shall mean teachers with professional status, unless otherwise specified.

2. (a) If the Committee shall determine that a reduction in staff with professional status by layoff is necessary or warranted, the layoff will be carried out, in accordance with the procedures set forth below, within the following Departments:

Elementary     Secondary School                                     Special Subject

Grades K-6      Subject Areas:                                           Area K-12:

English                                                   Art

Social Studies                                       Music

Industrial Arts Guidance

Home Economics                               Library

Mathematics                                        Physical Education/Health

Business                                                Speech

Physics                                                   Special Education

Biology                                                  Learning Disabilities

General Science                                   * Reading

Chemistry

German

French

Latin

Spanish

* In the subject area of Reading, length of service, in Norwell, shall be applied to the units of reading and elementary grades.

(b)           (1) For the purposes of possible layoff, the teachers employed in said Departments will be grouped as follows in accordance with their length of service within the Norwell School System:

Band One                              -               More than 3 years but less than 7 years

Band Two                             -               7 years but less than 10 years

Band Three                           -               10 years and over

(2) For the purposes of this Section C, length of service within the Norwell School System shall be defined as a teacher's total length of continuous service in a teaching position in said system commencing with the beginning of active employment after initial appointment to such a position. Continuous service shall not include any period during which said teacher was not actively employed in a teaching position for any reason, except for the period of leaves of absence granted under Article XX, Section B, C, or D, or under Article XXI of this Agreement. A teacher shall be credited with his/her length of service within the Department in which he/she is employed at the time of a layoff, and within any other Department in the Norwell School System in a position which he/she is certified to fill and in which he/she has previously been employed in the Norwell School System for at least one (1) school year or the substantial part thereof.

(c)                 The Committee will make every reasonable effort to determine in advance the Department(s) in which teachers are potentially vulnerable to layoff. Potential vulnerability shall mean the existence of a substantial likelihood of layoff of teachers. To the extent permitted by the reasonably foreseeable circumstances, the Committee will attempt to make determinations of potential vulnerability two (2) years in advance, provided that any failure by the Committee to make advance determinations of potential vulnerability pursuant to any of the foregoing provisions shall not bar the Committee from laying off any teacher, and shall not constitute grounds for a finding that such layoff is in violation of this Agreement.

(d)                Upon a determination of potential vulnerability pursuant to subsection (c), above, the Committee or its designees will, in accordance with the following procedure, judge the relative performance and qualifications of the teachers falling in the lowest relevant Band(s) of the Bands defined in subsection (b)(1), above, in the Department(s) under consideration for possible layoff:

(1)                 The Superintendent of Schools and the Assistant Superintendent of Schools will review the evaluations for the last three (3) school years completed by said teachers before said determination, and will assign to each such teacher a single numerical rating from 1 to 3 for each of said three (3) school years.

(2)                 In assigning said ratings, the Superintendent and the Assistant Superintendent will consider the following factors:

Effectiveness of teaching

Interpersonal relationships

Cooperation and planning

(3)           In the application of said factors, the Superintendent and the Assistant Superintendent will use the following scale:

3.            An unusually positive report noting consistent areas which would be more than expected - a superior report.

2.            A satisfactory report - not characterized by any unusual information from that which would be expected of a good teacher.

1. A report with consistent noted areas of weakness beyond those which would be expected of a good teacher - a negative report.

(4)           Each of the said teachers shall receive a total point score consisting of the sum of the points determined pursuant to the foregoing procedure. The total point score of each said teacher shall be recorded in his/her personnel file, and shall be revised as necessary in subsequent years.

(e) (1) If the Committee shall determine to lay off teachers falling within one or more of Bands One or Two, as defined in subsection (b)(1), above, teachers will be laid off, commencing with B and One, in the inverse order of their point scores as determined pursuant to subsection (d)(4), above. Ties in such point scores shall be resolved by application of the length of service of the teachers under consideration.

(2)                If the Committee shall determine to lay off teachers falling within Band Three, said teachers will be laid off in the inverse order of their length of service. Ties in length of service will be resolved by application of the point scores of the teachers under consideration, as determined pursuant to subsection (d)(4), above.

(3)                If, because of a decrease in the number of pupils in the Norwell Schools, the Committee shall determine that the dismissal of one or more teachers is advisable, then the Committee shall, pursuant to the applicable provisions of Massachusetts General Laws, Chapter 71, Section 42, not dismiss any teacher with professional status for this reason if there is a teacher without professional status whose position the said teacher with professional status is qualified to fill.

(4)                a)             Recall rights for teachers laid off pursuant to this Agreement shall exist for the period ending with August 31 of the second calendar year following the calendar year in which the layoffs became effective.

b)                   A teacher with recall rights may be recalled in the inverse order of his/her layoff to a permanent vacancy in the position from which he/she was laid off, or in a position for which he/she is certified and in which he/she was employed in the Norwell School System for at least one (1) school year, or the substantial part thereof, prior to said layoff.

c)                   Teachers with recall rights shall be deemed to be on leave of absence from Norwell Public Schools for the duration of the recall period. A teacher may elect to have his/her layoff treated as a dismissal, in which case said teacher shall be afforded his/her statutory rights under Chapter 71, Section 42 of the General Laws of the Commonwealth of Massachusetts.  If said teacher is dismissed, he/she shall have no recall rights. If a teacher elects to treat the layoff as a leave of absence, he/she shall waive his/her statutory rights under Chapter 71, Section 42 of the General Laws of the Commonwealth of Massachusetts, in writing not later than the date on which a vote is to be taken by the Committee in accordance with said Section 42 on whether to dismiss said teacher. If said teacher shall elect to have his/her layoff treated as a leave of absence, the time spent on such leave shall not, in the event of said teacher's recall, be considered as service in the Norwell School System for the purpose of determining his/her placement on the salary schedule or eligibility for increment.

d)                   Upon the occurrence of a vacancy which is expected to last for one full school year, or a substantial part thereof, the appropriate teacher on the recall list will be notified by certified mail, postage prepaid, return receipt requested, at his/her last recorded address. Failure to respond to the Superintendent of Schools with a letter of application for the offered position within fifteen (15) calendar days after the date of said notice, or within ten (10) calendar days after receipt of said notice, whichever period is greater, shall bar said teacher from consideration for recall to the offered position.

e)                   The Committee agrees not to hire from the outside for a permanent vacancy in a position during the period within which a laid-off teacher is eligible for recall to said position hereunder.

f)                    Upon recall, teachers will be credited with whatever benefits they may have accrued pursuant to this Agreement as of the time of their respective layoffs. It is agreed that a teacher with recall rights may maintain his/her membership in the Blue Cross-Blue Shield Medical Insurance Plan or other approved group medical insurance plan and the Life Insurance Plan provided by Article XXVIII of this Agreement, provided that said teachers shall pay the entire cost of such Life Insurance and Blue Cross-Blue Shield or other approved coverage.

g)                   The Committee agrees to consider teachers with recall rights for substitute work during the period of such rights.

3.            Any decision by the Committee as to the manner in which layoffs or recalls shall be carried out under the foregoing provisions shall not be subject to the grievance or arbitration provisions of this Agreement, except on the basis of an alleged arbitrary exercise of judgment by the Committee.

ARTICLE VII

Specialists and Special Programs

A.            The Committee and the Association recognize the fact that an adequate number of competent specialists in the appropriate categories are essential to the operation of an effective educational program in the Norwell School System.

B.            In order to implement the foregoing objectives, the Committee will, subject to the provisions of Section D, below, employ during the term of this Agreement the following:

1.             Music

Elementary

Secondary

2.             Instructional Media

System-wide

3.             Physical Education/Health

Elementary

Secondary

4.             Reading

Elementary

Secondary

5.             Library

Secondary

6.             Art

Elementary

Secondary

7.             Guidance

Elementary

Secondary

8.                   Special Needs Teachers

9.                   System-wide Testers

C.            The Committee will continue its ongoing examination of the Specialists Program, with a view to making such changes or improvements in specific programs, such as remedial and developmental reading, as may be required in its discretion by students' needs.

D.            If warranted by an evaluation of students' needs, the Committee may change the allocation among specific subject areas of the total time of the personnel specified in Section B, above. Any decision by the Committee regarding the allocation among specific subject areas of the total time of said personnel shall not be subject to the grievance and arbitration provisions of this Agreement, provided that any transfer of specialists between elementary and secondary schools shall be subject to the provisions of Article XI of this Agreement. Nothing in this Agreement shall be construed so as to limit or qualify the Committee's right to discontinue or eliminate categories numbered 8 through 9, inclusive, in Section B, above, and to reassign the personnel affected thereby, where the foregoing may be warranted by an evaluation of students' needs. Any decision by the Committee pursuant to the foregoing sentence shall not be subject to the grievance and/or arbitration provisions of this Agreement, except on the basis of alleged arbitrary or capricious action by the Committee.

ARTICLE VIII

Non-Teaching Duties

The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energy should, to the extent possible, be utilized to this end. Therefore, they agree as follows:

A.            Teachers will not be required to perform the following duties:

1.                   Milk distribution;

2.                   Health services, such as administering eye or ear examinations and weighing and measuring pupils, except in connection with administration of the physical education programs;

3.                   Collecting money from students for non-educational purposes, including, without being limited to, photographs, insurance, and yearbooks. Although teachers may be required to collect and transmit money to be used for educational purposes, they will not be required to tabulate or account for such money;

4.                   Delivering books to classrooms.

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

1.                   Teachers may do so voluntarily, however, with the advance approval of their principal or immediate supervisors. They will be compensated at the Town rate for the use of their personal vehicle.

2.                   In such event, the teacher will be relieved of all personal liability for any accident which may occur within the scope of the teacher's employment in connection with said trip.

ARTICLE IX

Teacher Employment

A. Full credit for salary scale column placement will be given for previous outside teaching experience upon initial employment, provided that said outside teaching experience shall exceed six (6) continuous months, and shall consist of one-half time or more teaching experience. Step placement on the salary scale will occur consistent with the following guidelines:

NEW HIRES

Years of Experience                                            Step

1-2                                                                          1

3-4                                                                          2

5-6                                                                          3

7-8                                                                          4

9-10                                                                        5

11-12                                                                     6

13-14                                                                     7

15-16                                                                     8

17-18                                                                     9

19-20                                                                     10

21-22                                                                     11

23-24                                                                     12

25-26                                                                     13

27-28                                                                     14

29-30                                                                     15

Higher step placement and/or credit for other reasons may be given at the discretion of the Superintendent and the Committee, and shall, if given, be recorded in the personnel file of the individual so employed.

Effective September 2003, teaching experience includes only K-12 teaching as a state certified teacher in a public, independent, or parochial school and pre-K teaching as a state certified teacher in a public pre-K program. Among the types of experience not included are teaching outside the United States, internships, student teaching, home schooling, child care, private instruction, tutoring, teaching as part of a degree program or if required for certification, serving as a teaching assistant, and serving in an administrative position.

B.            Teachers with previous teaching experience in the Norwell School System will, upon returning to the system, receive full credit on the salary schedule for all outside teaching experience. Teachers who are called into the military service from the Norwell School System, and who return to the system upon completion of their military obligation, shall upon such return receive credit as required by law on the salary schedule on account of such military experience, and shall, in addition, receive full credit for all previously accumulated unused days of sick leave.

C.            Newly hired personnel will be given a copy of the current or most recent collective bargaining agreement available when a written offer of employment is made.

ARTICLE X

Teacher Assignment

A.            Teachers will be notified in writing of the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable. Such notification will be given only if a change in assignment is contemplated.

B.            In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned, except in extreme cases, and in accordance with law, outside the scope of their teaching certificates and/or major or minor fields of study.

C.            In making changes in grade assignments and subject assignments, the Committee and the Administration will honor the convenience and wishes of the individual teacher to the fullest possible extent that these do not, in the judgment of the said School

Committee and Administration conflict with the best interests of the Norwell School System and the pupils.

D. In arranging schedules for teachers who are assigned to more than one school, the School Committee and the Administration will make an effort to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules normally before the end of the school year. Such teachers who are assigned to more than one school in any one school day will receive the sum of Four Hundred ($400) Dollars for all inter-school driving done by them. The Director of Social Health, School Psychologist and Technology Integration Specialist will receive the sum of Five Hundred ($500) Dollars per year as a mileage allowance. The Coordinator of Media and Technology shall receive the sum of Eight Hundred Fifty ($850) Dollars per year as a mileage allowance. The Curriculum Coordinators will receive the sum of One Hundred ($100) Dollars per year as a mileage allowance. The Committee agrees to discuss with the Association special cases relative to inter-school driving.

ARTICLE XI

Transfers

The Committee and the Association recognize that transfers of teachers from one school to another are necessitated from time to time by the best interests of the Norwell School System and the pupils, but they also recognize that transfers of teachers may be disruptive of the educational process and may interfere with optimum teacher performance.

Therefore, they agree as follows:

A.            The Employer shall have sole discretion to determine whether inter-school transfers are necessary for educational reasons, including the need to reduce the number of teachers in a school. Whenever the Employer determines that a transfer is necessary for any of such reasons, it shall first attempt to secure volunteers therefore from among such teachers. If a teacher declines to volunteer, the Employer shall honor his convenience and wishes to the fullest possible extent that, in its judgment, they do not conflict with the best interests of the school system or the pupils, provided that the Employer shall have the right to consider said teacher for involuntary transfer if, in its judgment, said interest so require, and provided further that any determination by the Employer in this respect shall not be subject to the grievance and arbitration provisions of this Agreement except on the basis of arbitrary or capricious action.

B.            When the Employer shall determine that involuntary transfers are necessary, the Employer shall consider a teacher's area of competence, major and/or minor fields of study, quality of teaching performance, and length of service in the Norwell School System in determining which teacher shall be transferred.

An involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his/her designee) at which time the teacher will be notified in writing of the reasons for the transfer. In the event that a teacher objects to the transfer at this meeting, then, as soon as practicable, the teacher shall notify the Association, and the Superintendent (or his/her designee) will meet with the Association's representative to discuss the transfer.

Any decision by the Employer with respect to involuntary transfers shall not be subject to the grievance and arbitration provisions of this Agreement except on the basis of an alleged arbitrary or capricious action.

C.            A list of open positions in other schools will be made available to all teachers being transferred and, all other factors being substantially equal in the opinion of the Employer, the Employer will give preference in filling such positions on the basis of length of service in the Norwell School System. Any decision of the Employer in this respect shall not be subject to the grievance procedure and/or arbitration, except on the basis of an alleged arbitrary or capricious evaluation of the said other factors.

D.            Notice of transfer will be given to teachers as soon as practicable.

E.            Teachers desiring a transfer will submit a written request to the Superintendent (or his/her designee) stating the assignment preferred. Such request must be submitted between September 1 and June 1 of each school year to be considered for the next school year. Requests must be renewed each year. All requests will be acknowledged in writing.

F.             Before a teacher is assigned or transferred to a particular school, the principal of the said school will be consulted regarding said assignment or transfer.

ARTICLE XII

Vacancies and Promotions

A.            Whenever any vacancy in a professional position occurs during the school year, it will be adequately publicized by the Superintendent (or his/her designee) by means of a notice placed on the Association bulletin board in every school as far in advance of the appointment as possible. During the months of July and August, written notice of any such vacancy will be given to a representative to be designated by the Association. In both situations, the qualifications for the position, the subject areas involved, and the rate of compensation will be clearly set forth. To the extent practicable, no vacancy will be filled within ten (10) school days from the date the notice is posted in the schools or the giving of notification to the designated representative of the Association. The decision whether or not to fill a vacancy shall be at the sole discretion of the Committee.

B.            All teachers, including laid-off teachers who may be eligible for recall to posted vacancies, will be given adequate opportunity to apply for appointment to such vacancies. The Committee shall consider the previous background and attendance of all applicants, and respective lengths of service with the Norwell School System, and any other factors which in its opinion shall be relevant. When all other factors are substantially equal, the Committee shall give preference to qualified teachers already employed by the Committee. Appointments will, whenever practicable, be made not later than sixty (60) days after the notice is posted in the schools or the giving of notification to the designated representative of the Association. Any decision of the School Committee with respect to such appointment shall not be subject to the grievance procedure, except on the basis of an alleged arbitrary evaluation of the factors enumerated above, and shall in no event be subject to arbitration.

ARTICLE XIII

Positions in Evening School and Under Federal Programs

A.            All openings for evening school positions and for positions under Federal programs will be adequately publicized by the Superintendent (or his/her designee) in each school building as early as possible, and teachers who have applied for such positions will be notified of the action taken regarding their applications as early as possible, preferably by June 1.

B.            In filling evening school positions and positions under Federal Programs, the Committee will give first consideration to regularly appointed teachers in the Norwell School System.

C.            In filling such positions, the School Committee will consider a teacher's area of competence, major and/or minor field of study, quality of teaching performance, attendance record, and length of service in the Norwell School System and, in regard to evening school positions, previous Norwell evening school teaching experience. Any decision of the Committee in regard to the filling of such positions shall not be subject to the grievance procedure and/or arbitration, except on the basis of an alleged arbitrary or capricious evaluation of the aforesaid criteria.

ARTICLE XIV

Teacher Evaluation

A.            All monitoring or observation of the work performance of a teacher must be conducted openly and with full knowledge of the teacher, and shall be presumed to be for the purpose of evaluation unless otherwise stated by the evaluator. Evaluation of teachers will be performed in accordance with the Evaluation Procedures and Performance Standards adopted by the Norwell Public Schools in September, 2011, and included herein as Appendix D. Teachers will be given a copy to retain of each observation report, and of any evaluation report prepared by their evaluators, not later than one week after such observation or evaluation shall have taken place, and will have the right to discuss such reports with their observers or evaluators. The teacher and evaluators will sign both copies of the evaluation report, with the express understanding that the teacher's signature in no way indicates agreement with the contents thereof. The contents of any observation report, or any evaluation report, insofar as they are based upon the subjective judgment of the observers or evaluators, shall not be subject to the grievance or arbitration provisions of this Agreement.

B.            In conformity with the provisions of Massachusetts General Laws, Chapter 71, Section 42C, which are incorporated herein by reference, teachers will have the right, upon written request, to review the contents of their personnel file, excluding references on file. A teacher will be entitled to have a representative of the Association accompany him/her during such review.

C.            The Association recognizes the authority and responsibility of principals, and any other administrative personnel so assigned by the Superintendent or his/her designee, in connection with the evaluation of the teaching staff.

ARTICLE XV

Teacher Facilities

A.       Each school will have the following facilities:

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

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

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

4.           A serviceable desk and chair for each teacher;

5.           Adequate means whereby teachers may communicate with the main building office from their classrooms;

6.           Well-lighted and clean teacher rest rooms;

7.           An adequate dining area for the teachers;

8.           An adequate portion of the parking lot at each school will be reserved, in accordance with law, for teacher parking;

9.           Telephone facilities shall be made available to teachers for their reasonable use for professional purposes;

10.       The Committee and the Association mutually recognize the importance of continuous use of adequate reference material in maintaining a high level of professional performance. The Committee agrees at all times to keep the school reasonably equipped and maintained with the tools of the teaching profession.

ARTICLE XVI

Use of School Facilities

A. 1. The Association will have the right to use school buildings without cost at reasonable times for meetings, provided, however, that the Association will be required to pay for any additional custodial costs involved by reason of said meetings, and provided further that the Association shall make arrangements in advance satisfactory to the principal of the building in question.

2. The Association will have the right to use the athletic facilities and equipment at the high school or the junior high school without cost one (1) evening each week, provided that, for each such use, the Association will execute the Committee's standard outside user contract, and will be required to pay for any additional custodial costs involved by reason of such use. The Committee will be relieved of all liability for any injury or accident which may arise because of such use. The schedule will be arranged in advance with the Superintendent (or his/her designee), and every effort will be made to avoid conflict with other school and Town events.

B. The Association will be permitted to display notices, circulars, and other materials relating to teachers' activities on the existing faculty lounge bulletin boards, or reasonable equivalent, in each school building. Copies of all such material will be given to the building principal, but his/her advance approval will not be required. The Association agrees that no material will be placed on such bulletin boards which shall in any manner be derogatory to the Administration, the Committee, or any member thereof, or the Norwell School System.

ARTICLE XVII

Sick Leave

A.            1. During the term of this Agreement, first year teachers shall accrue eligibility for sick leave at the rate of one and one-half (1-1/2) days per month of actual service. All other teachers will be entitled to sick leave of up to fifteen (15) days per school year.

2. All unused sick leave may be accumulated up to two hundred twenty-five (225) days during the term of this Agreement.

B.            1. Pregnant teachers covered by this Agreement will be entitled to sick leave pay under Section A, above, for actual pregnancy related disability in accordance with the law.

2. Maternity Disability Reserve Fund: A teacher disabled from pregnancy or childbirth related medical conditions may, after utilization of all accrued sick leave under Section A above, access additional paid sick leave of up to forty (40) work days as an advancement of sick leave. In each of the five (5) school years after the conclusion of the advancement the teacher shall have her/his earned sick leave reduced annually by eight (8) days. If a teacher whose employment with the Norwell Public Schools ends for any reason prior to restoration of the forty (40) days advancement, the restoration of all days not accounted for shall be drawn from a fund known as the Maternity Disability Reserve Fund (MDRF). Commencing with the 05-08 agreement the MDRF shall be funded by donations of 1 sick day per unit member with more than two (2) years of service. For any year in which the MDRF donation is made, each member shall have his or her annual allotment of sick leave reduced from 15 to 14 days. If during the term of this Agreement there is one or more instance(s) where a teacher leaves the Bargaining Unit without having repaid the advanced sick leave as described in Section Bl of this article, the MDRF shall be replenished in the successor Agreement according to the procedure described above. If the MDRF is not utilized during the life of this agreement no further assessment shall be made during the life of the successor agreement.

C.            Additional sick leave may be granted at the discretion of the Committee (or its designee). For any teacher who has exhausted his/her available sick leave due to a prolonged disability, such leave may be granted at the full applicable per diem rate, or at the per diem rate less the cost of a substitute teacher, or as an advance against future sick leave. The decision of the committee shall not be grievable beyond School Committee Level (Level III).

ARTICLE XVIII

Severance Pay

Severance pay of one-half (1/2) pay for all unused accumulated sick leave up to thirty (30) days at the then applicable rate of compensation shall be payable to any employee who retires after ten years of service in the Norwell School System, provided she/he has given notice by December 15 of the school year at the end of which he/she will be retiring. A failure to provide such notice may result in a delay of said payment into the subsequent fiscal year.

Severance pay of one-half (1/2) pay for all unused sick leave up to fifty (50) days at the then applicable rate of compensation will be paid to any employee who retires after fifteen (15) years of service in the Norwell School System, provided he/she has given notice by December 15 of the school year at the end of which he/she will be retiring. A failure to provide such notice may result in a delay of said payment into the subsequent fiscal year.

Severance pay of one-half (1/2) for all unused accumulated sick leave up to seventy (70) days at the then applicable rate of compensation shall be payable to any employee who voluntarily leaves the employ of the Norwell School Committee after twenty (20) years of service in the Norwell School system, provided he/she has given notice by December 15 of the school year at the end of which he/she will be leaving the system. A failure to provide such notice may result in a delay of said payment into the subsequent fiscal year.

Severance pay of one-half (1/2) pay for all unused accumulated sick leave up to seventy-five (75) days at the then applicable rate for compensation shall be payable to any employee who voluntarily leaves the employ of the Norwell School Committee (Provided that they have given notice by December 15 of the school year at the end of which they will be retiring. A failure to provide said notice may result in a delay of said payment in the subsequent fiscal year.) after twenty-five (25) years of service in the Norwell School System. The provision for buy-back of 75 days expires August 30, 2006.

In the event a teacher qualifies for any of the severance benefits in this Article but is deceased prior to receipt of such benefits the Norwell School Committee shall pay such benefits to the estate of the teacher. Said severance pay will also be payable to any teacher with professional status laid off pursuant to a reduction in force under Article VI hereof upon the termination of said teacher's recall period or upon notice of his final voluntary separation from said system.

ARTICLE XIX

Temporary Leaves of Absence

A.        Temporary leaves of absence with pay will be made available to teachers each school year under the following circumstances:

1.            Up to three (3) days for urgent personal, legal, business, household or family problems, the disposition of which requires absence during school hours, and the denial of which leave would result in personal hardship to the teacher; up to five (5) additional days of leave in the event of birth or adoption in a teacher's household.   It is understood and agreed that, for the purpose of construing the foregoing provisions, a teacher's presence during school hours in order to discharge his/her classroom duties or other duties will be presumed to be necessary, absent the clear existence of any of the foregoing reasons for absence during school hours.

A teacher desiring such leave shall apply therefore to his/her principal at least seventy-two (72) hours in advance, except in case of emergency. The applicant shall state the category under which he/she seeks said leave.

Upon presentation of the said application, the principal may, at his/her discretion, direct the applicant to submit written application for approval of the requested leave by the Committee, or its designee.

Any leave granted hereunder shall be charged against the sick leave allowable under Article XVII, above.

2.                   Up to two (2) days for the purpose of visiting other schools or attending meetings or conferences of an educational nature, provided that such leave will be only with the approval of the Superintendent and the principal, and that a refusal of any request for such leave will not be subject to the grievance and arbitration procedure except on the issue of an alleged arbitrary withholding of permission.

3.                   Up to a total of ten (10) school days for the purpose of allowing teachers to attend conferences of the Massachusetts Teachers Association or the National Education Association during the school year, provided that such leave, including the number of such conferences, the number of teachers to attend such conferences, and the number of days to be allocated to each such conference, must be with the approval of the Superintendent and the Principal, and that a refusal of any request for such leave will not be subject to the grievance and arbitration provisions of this Agreement except on the basis of an alleged arbitrary withholding of permission.

4.                   Time necessary for appearances in any legal proceeding connected with the teacher's employment or with the Norwell School System.

5.                   Up to five (5) days at any one time in the event of the death of a teacher's spouse, child, parent, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, brother-in-law, and sister-in-law, or member of the immediate household. Additional leave for bereavement purposes may be applied for and granted by the Superintendent or his/her designee.

6.                   A maximum of thirteen (13) days per school year for persons called into temporary active duty of the United States Reserves or the State National Guard, provided that such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.

7.                   Up to two (2) days for religious holidays for which observance during school hours is required may be granted by the Superintendent at his/her discretion.

8.                   A teacher called for jury service shall be excused from his/her normal duties for each day or substantial part thereof which he/she serves, and shall, upon satisfactory proof of such service, be paid the difference between his/her normal per diem salary and payments received for such service, for each day of jury service or substantial part thereof.

9.                   Other temporary leaves may be granted by the Committee at its discretion.

B.            Leaves taken pursuant to Subsection 2 through 8 of Section A, above, will be in addition to any sick leave to which the teacher may be entitled under Article XVII. No teacher will be required to arrange his/her own substitute.

C.            Except in case of emergency or bereavement or leave under Section A(l), above, applications for leave pursuant to the above provisions shall be made to the Superintendent or his/her designee in writing at least seventy-two (72) hours in advance of such proposed leave. If the reply to any such application shall not have been received by the applicant within forty-eight (48) hours after said request is made, upon the request of the applicant the principal will telephone the Superintendent or his/her designee for a decision.

ARTICLE XX

Extended Leaves of Absence

A.            One (1) teacher with professional status designated by the Association will be granted a leave of absence without pay for up to one (1) year for the purpose of engaging in State or National activities of the Association, provided that such leave must be with the approval and at the discretion of the Superintendent and the principal. During such leave, the said teacher with professional status will not receive credit for active employment by the Committee, and, upon return from such leave, he/she will be placed on the salary schedule at the level which he/she held at the time of the granting of permission for such leave.

B.            A leave of absence without pay of up to two (2) years will be granted to any teacher with professional status who joins Action or similar organization and is a full time participant in either of such programs, provided that such leave must be with the approval and at the discretion of the Superintendent and the principal. Upon return from such leave, the teacher will be placed on the salary schedule at the step which the teacher held at the time of the commencement of such leave, including increment earned as of said time.

C.            Military leave will be granted to any teacher who is inducted or enlists in any branch of the Armed Forces of the United States. The period of such leave shall be the period of continuous service required by such induction or enlistment, but shall not continue into any period of additional voluntary service. Upon return from such leave, the teacher will be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the System during the period of his/her absence, up to a maximum of three (3) years.

D.            1.             The Superintendent will be notified in writing by the teacher no later than the beginning of the fourth month of her pregnancy. Such notice will contain the approximate date at which the commencement of maternity leave will be requested.

2.                   Upon receipt of at least two (2) weeks' advance written notice of the anticipated date of departure of the pregnant teacher from active employment and of the intended date of her return to active employment, the Committee shall grant a leave of absence without pay for up to eight (8) weeks in accordance with the provisions of Massachusetts General Laws, Chapter 149, Section 105D. The foregoing is subject to the provisions of Article XVII of this Agreement.

3.                   If a pregnant teacher shall desire maternity leave for a period longer than the period provided in Section 2, above, the Committee shall grant a further unpaid maternity leave of absence for a reasonable period of time, depending upon the requirements of the job, and the physical condition of the teacher as determined by her physician. Such leave will commence at a time corresponding with the beginning of the school year, the beginning of a semester or a vacation period, provided that the teacher can in the opinion of her physician and the Superintendent satisfactorily perform her duties up to the time of said commencement. The foregoing is subject to the provisions of Article XVII of this Agreement.

4.                   A teacher on maternity leave pursuant to Section 3, above, who is physically able to return to active employment, must notify the Superintendent in writing, within thirty (30) days after the birth of her child, and in no event later than the following June 1st, whether or not she intends to return to active employment the following September. A teacher on such maternity leave, who is unable to return to active employment because of her physical condition, must notify the superintendent in writing, within thirty (30) days after the birth of her child, and in no event later than the following June 1st, of her inability to return to active employment the following September because of her physical condition, as substantiated by appropriate medical evidence from her physician, and of the anticipated date of her return to active employment. Failure to give notice in accordance with the foregoing requirements shall be considered a resignation. Appropriate medical evidence of fitness for active employment will be required prior to return from maternity leave. A teacher on maternity leave pursuant to Section 3, above, shall not be returned to active employment in the middle of a school year.

5.                   In the event of the termination of the pregnancy of a teacher on maternity leave pursuant to Section 3, above, the teacher may make written application for reinstatement prior to the previously established date for the termination of the leave. Such application shall be accompanied by a physician's certificate of good health. Such reinstatement shall be granted by the Committee if an acceptable vacancy exists.

6.                   Upon return from maternity leave, the teacher will be assigned to the same, or substantially equivalent position, which she held at the time said leave commenced, if available, and, if not available, to any other vacancy for which she is qualified, until the Committee can offer her the position she held at the time said leave commenced, or a substantially equivalent position. Upon return from such leave, the teacher will be placed on the salary schedule at the step which she held at the time of the commencement of the leave, including increment earned as of said time. The time spent on such leave shall not be construed so as to confer credit toward professional status.

7.                   If, within five (5) years after the termination of a pregnancy, a teacher with professional status wishes to return to employment in the Norwell School System, the teacher will be given consideration for a teaching position in a school where a vacancy occurs for which she is qualified.

E.            Upon advance notice of at least sixty (60) days, except in case of emergency or unusual circumstances, a tenure teacher may be granted a leave of absence of up to one (1) year without pay for the purpose of birth or adoption in the teacher's household, provided that permission for such leave shall not be unreasonably refused. Upon return from such leave, the teacher will be placed upon the salary schedule at the step which he/she held at the time of the commencement of such leave, including increment earned as of said time.

F.            The Committee may, at its discretion and for good cause shown, grant an appropriate leave of absence without pay or increment for the purpose of caring for a sick member of the teacher's immediate family.

G.            After the commencement of the fourth year of continuous employment in the Norwell School System, a teacher may be granted a leave of absence without pay or increment, for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

H. Other leaves of absence without pay or increment may be granted by the Committee at its discretion.

I.             A teacher on extended leave of absence pursuant to any of the foregoing Sections of this Article shall not accrue any further paid sick leave benefits beyond those to which he/she may have been entitled prior to the commencement of the leave. All benefits to which said teacher may have been entitled at the time his/her leave commenced, including any unused accumulated sick leave, will be restored to him/her upon return to active employment. Upon such return, and except as otherwise provided for return to active employment from maternity leave in Section D(4), above, the teacher will be assigned to the same position which he/she held at the time said leave commenced, if available, or, if not available, to a substantially equivalent position or the most nearly equivalent position which is available at the time of his/her return and for which he/she is qualified; provided that in no instance must said teacher be returned to active employment in the middle of the school year. Where warranted by the best interests of the Norwell School System, the Committee may fill the position in question at the time said leave commences.

J.             Any teacher desiring a leave of absence under this Article or an extension of leave previously granted hereunder, shall apply in writing to the Committee, indicating the period of proposed absence and the reasons therefore. All applications for leaves or extensions of leaves shall be acted upon in writing.

K. Upon advance notice given not later than March 1 of a school year, teachers with professional status shall be entitled to take leaves of absence for up to one school year for the purpose of career exploration, commencing as of the school year following rendition of said notice, and ending as of the beginning of the subsequent school year. Such leaves shall be taken without pay, accumulation of seniority or any other benefit or increment credit. Notice of intent to return from said leave shall be given not later than March 1 of the School year prior to the intended date of return. Failure to give such notice shall be deemed a voluntary quit.

ARTICLE XXI

Compliance with Recently Enacted Laws

A.            The Education Association of Norwell acknowledges that the Committee and the Association are subject to the provisions of the FMLA. Leaves taken under this agreement for reasons covered by any state or federal law, including but not limited to the FMLA, will be considered FMLA leave as well as leave under this Agreement and leave under any other applicable state and federal law, and will be deducted from the employee's statutory FMLA leave entitlement.

B.            The Education Association of Norwell acknowledges that the Committee and the Association are subject to the provisions of the Americans with Disabilities Act ("ADA").

C.            The Committee and the Association recognize the application of the Education Reform Act of 1993 to this Agreement. Where this Agreement is inconsistent with the Education Reform Act of 1993, such act will govern.

D.            Any claim or allegation of violation of this Article is not subject to the provisions of the grievance and arbitration procedure set forth in this Agreement.

ARTICLE XXII

Sabbatical Leaves

Upon recommendation by the superintendent (or his/her designee) sabbatical leaves may be granted by the Committee for study or research to teachers for the purpose of increasing their professional ability, subject to the following conditions:

A.            No more than five (5) teachers will be absent on sabbatical leave at any one time.

B.            The teacher must have completed at least six (6) consecutive full school years of service in the Norwell School System.

C.            Requests for sabbatical leave must be received by the Superintendent (or his/her designee) in writing in such form as may be required by the Superintendent (or his/her designee) and outlining the purpose of the leave requested, no later than December 31, and action must be taken on all such requests no later than April 1, of the school year preceding the school year for which the sabbatical leave is requested. Upon return from such leave, the teacher shall submit to the Committee a written report of his/her activities during such leave, as pertaining to the original project outlined in his/her request, the said report to be submitted no later than the beginning of the following school year.

D.            Teachers on sabbatical leave for one-half (1/2) of the work year shall receive from the Committee twenty-five (25%) percent of their annual salary for the one-half (1/2) year duration of their sabbatical.

E.            Prior to the granting of sabbatical leave, a teacher shall enter into a written agreement with the Committee that, upon the termination of such leave, he/she will return to service in the Norwell School System for a period amounting to at least twice the length of the leave, and that, in default of completing such service, he/she shall refund to the Committee an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered bears to the whole amount of service agreed to be rendered.

F.             Candidates for sabbatical leave will be selected at the discretion of the Committee. Decisions by the Committee granting or denying applications for sabbatical leave shall not be subject to the arbitration provisions of this Agreement

ARTICLE XXIII

Discipline

A.            No teacher with professional status, and no teacher without professional status who has been teaching for more than ninety (90) days, covered by this Agreement, shall be dismissed except in accordance with the provisions of Massachusetts General Laws, Chapter 71, Section 42. No supervisor or professional employee performing the duties of a supervisor who is covered by this Agreement and who has served in that position over three (3) years, shall be demoted, except in accordance with Massachusetts General Laws, Chapter 71, Section 43. No teacher with professional status covered by this Agreement shall be reduced in salary, except in accordance with Massachusetts General Laws, Chapter 71, Section 43. The said statutory provisions are hereby incorporated by reference and made part hereof.

B.            No teacher covered by this Agreement shall be suspended except in accordance with the provisions of Massachusetts General Laws, Chapter 71, Section 42D, which are hereby incorporated by reference and made part hereof.

C.            No claim that any dismissal, demotion, suspension, or reduction in salary hereunder is in violation of the statutory provisions respectively cited at Sections A and B, above, shall be subject to the grievance and arbitration provisions of this Agreement; provided, however, that if the State Labor Relations Commission, pursuant to the applicable provisions of Massachusetts General Laws, Chapter 150E, Section 8, shall order binding arbitration of any dispute arising from the discipline hereunder of any teacher covered by this Agreement, then the arbitrator shall be bound by the applicable decisions of the courts of the Commonwealth in determining whether or not the Committee has complied with the said respective statutory provisions cited at Sections A and B, above, where applicable.

D.            1.             No teacher covered by this Agreement shall be reprimanded, or denied increment increases or professional advantage without just cause.

2.                   No teacher without professional status covered by this Agreement shall be disciplined in a manner not covered by Sections B, C, and D(l), or lowered in compensation except for just cause.

3.                   A question of just cause arising under Subsections 1 and 2, above, shall be subject to the grievance and arbitration provisions of this Agreement.

E. The Association recognizes the authority and responsibility of the principals for disciplining or reprimanding a teacher for delinquency of professional performance. If a teacher is to be disciplined or reprimanded by the Superintendent or Assistant Superintendent, he/she may request that a representative of the Association be present.

ARTICLE XXIV

Non-Renewal

During the term of this Agreement, the Committee shall retain its sole discretion under law to elect to renew, or not to renew, the contract of employment of any teacher without professional status covered by this Agreement.

ARTICLE XXV

Professional Development and Educational Improvement

A.            The parties do hereby agree that professional development and educational improvement are both desirable and necessary. Teachers shall pursue these goals by enrolling in conferences, workshops and courses which are challenging, meaningful, and relevant.

B.            The Committee will pay the full cost of any required in-service training courses held in Norwell, and of any special courses which it may request. The foregoing sentence shall not, except as may otherwise be determined by the Committee, apply to any courses which teachers covered by this Agreement must complete in order to earn increments, or to courses agreed upon as part of initial employment.

C.            The Committee will pay a minimum per teacher of nine hundred and fifty ($950) dollars, or in the case of teachers enrolled in a first master's program, eighteen hundred ($1800) dollars, not to exceed the total course tuition and fees cost of three courses approved by the Superintendent or his or her designee, at the request of a teacher, provided that the refusal of any such request shall not be subject to the grievance and arbitration provisions of this Agreement, exception the basis of alleged arbitrary or capricious action. The Committee will budget $60,000 annually for such tuition for the entire bargaining unit. While it is understood that this does not constitute a guarantee that the entire amount so budgeted will be expended, should the entire amount so budgeted not be used by the end of the year, the balance will be evenly divided among the applicants, the total not to exceed the aggregate of $50,000, or the total course tuition or fees per individual, whichever is less.

Nurses who have not yet attained a master's degree in nursing may use the above benefits only to pay tuition and fees in pursuit of a master's degree in nursing.

D.            The Committee will reimburse all professional employees for fees incurred for recertifications and/or re-licensing required as a condition of continued employment up to one-hundred dollars ($100) per person per certification/licensure cycle or two (2) years, whichever is longer.

E.            Upon receipt of National Certification, Guidance Counselors shall be reimbursed up to $200 for expenses incurred in pursuit thereof.

F.             In recognition of and in appreciation for the collegial professional development services provided by Mentor Teachers, the Committee shall award annual honoraria of $100.00 to each staff member serving as a Mentor in the system's Teacher Induction and Mentoring program.

G.                In order to be reimbursed all documentation for courses taken and costs incurred must be received by Administration no later than the first of June (6/1) each year.

ARTICLE XXVI

Protection

A.            Teachers will immediately report all cases of assault and/or battery suffered by them in connection with their employment to their principal in writing.

B.            This report will be forwarded to the Committee which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teacher, the police, and the courts.

C.            If criminal proceedings are brought against a teacher alleging that he/she committed an assault and/or battery in connection with his/her employment and if such teacher shall be acquitted in such proceedings, the Committee will reimburse said teacher for reasonable legal fees incurred by him/her in such proceedings. If civil proceedings are brought against a teacher alleging that he/she committed an assault and/or battery in connection with his/her employment, the Committee will reimburse said teacher for reasonable legal fees incurred by him/her in such proceedings.

ARTICLE XXVII

Personal Injury Benefits

Whenever a teacher is absent from school as a result of personal injury caused by an accident or an assault occurring in the course of his/her employment, he/she will, subject to the provisions and limitations of Massachusetts General Laws, Chapter 152, Section 69, be paid his/her full salary, less the amount of any Worker's Compensation award made for disability due to such injury, for the period of such absence.

ARTICLE XXVIII

Insurance and Annuity Plan

A.            The Committee will pay the maximum percentage permitted by law of the cost of a Ten Thousand ($10,000.00) dollar life insurance plan of the type presently in effect in the Norwell school system and shall pay an employer contribution for health insurance coverage of the type presently in effect in the Norwell school system or any other group health plan approved by the Town of Norwell, in accordance with the following percentage*:

 

1/1/2009

7/1/2009

1/1/10 and thereafter

HMO

86%

83%

80%

PPO

72%

68%

64%

Indemnity

50%

50%

50%

Employees will pay the corresponding percentage.

*The parties acknowledge that implementation of a change in contribution rate occurs prior to the effective date of the rate change as health insurance premiums are paid in advance. For example, a rate change in January will be accompanied by a larger withholding in the previous December, and a change in rate effective in July will be accomplished by a larger withholding in the previous May.

B.            Co-payments Consistent with Town of Norwell Plans for Town Employees: Effective July 1, 2010, teachers shall pay the following co-payments:

BCBS Network Blue HMO:

Office visit co-pay: $ 15

Emergency co-pay: $75

Mail order prescription drugs: $20/$40/$70

Harvard Pilgrim HMO:

Office visit co-pay: $15

Emergency co-pay: $75

Change the first two tiers for retail prescription drugs: $ 10/$20

Mail order prescription drugs: $20/$40/$ 105

C.            Reimbursement for health insurance plan design changes:

Teachers shall be reimbursed for the increase in co-payments in accordance with the Side Letter of Agreement (Settlement of Health Insurance Charge of Prohibited Practice which is appended and made part of this Collective Bargaining Agreement.

D.        Flexible Spending Account: Effective January 1, 2012, the employer shall retain a third party administrator to administer a Section 125 Flexible Spending Account as follows:

          Dependent Care Account (DECAP)

          Medical Care Account (MEDCAP)

The Employer shall pay the one-time set up costs to implement the program. The Employer shall pay any administrative fees for subscribers who opt into the program. The program shall include a voluntary debit card system. Employees may set aside funds up to the maximum amount permitted by the Internal Revenue Code. One half hour of the convocation in September of each school year shall be scheduled to allow the representative of the third party administrator the opportunity to explain the benefits of enrolling in Flexible Spending Accounts to the employees.

ARTICLE XXIX

Textbooks

A.            The Committee guarantees that it will provide sufficient textbooks and educational materials for the pupils in the Norwell School System.

B.            Before the Administration changes a textbook or selects a new textbook, the Administration will notify the Association that it is considering such a change or selection. The Association, or its designated representative or representatives, will have the right to meet and discuss with the Administration such change or selection, provided that the Association files a request for such meetings and discussions with the Administration within five (5) days after receipt of said notice.

Similarly, the Association may, if it desires to initiate discussion over a change hi a textbook or the selection of a new textbook, file written notice with the Administration of its desire. The Administration will acknowledge receipt of said request in writing within five (5) days thereafter, and the Administration and the Association, through their representative or representatives, will arrange for a mutually satisfactory time and place for a meeting to discuss said matter.

C.            The Committee reserves its right under law to make final decisions as to selection of, and changes in, textbooks and educational materials.

ARTICLE XXX

Dues Deductions

A. The Committee agrees to instruct the appropriate Town officials to deduct, as permitted by State law, from the salary of teachers covered by this Agreement, such dues for the Education Association of Norwell, and to remit the said deductions in ten (10) equal

amounts, beginning with the fourth paycheck of the academic year, as said teachers individually and voluntarily authorize the Committee in writing to deduct and remit. The said deductions and remittances shall be in equal amounts, and the exact amount is to be stated in the said written authorizations. All remittances shall be to the Education Association of Norwell.

B.            The Committee will not be required to honor any written authorizations which may be delivered to it later than two (2) weeks prior to the issuance of the fourth paycheck of the academic year.

C.            The said individual written authorizations are to be revocable upon sixty (60) days advance notice in writing to the Committee and the Association, and each authorization shall so state. Each authorization shall also state that the teacher waives any right and claim for the monies deducted and remitted in accordance with the authorization, and releases the Committee and all its officers from any liability.

D.            The Committee agrees to require, as a condition of employment, that all employees covered by this Contract, except those employees certified as members to the Committee by the Association, pay annually or by dues deduction to the Association, as of the 30th day subsequent to the effective date of this Agreement, or 30 days subsequent to the execution of this Agreement, whichever is later, an Agency Services fee equal to the amount required to become a member and remain a member in good standing of the exclusive bargaining agent to or from which membership dues are paid. Said amount will be certified annually to the Committee by the Association. To become a member and remain a member in good standing of the exclusive bargaining agent, an employee must become a member in good standing of the Education Association of Norwell, Massachusetts Teachers Association, Plymouth County Education Association, and the National Education Association.

ARTICLE XXXI

Strikes and Public Pressure

The Committee and the Association recognize that the teachers covered by this Agreement are prohibited by law from engaging in, inducing, or encouraging any strike, work stoppage, slowdown, or withholding of services. Because of the importance of this matter, the parties nevertheless agree as follows:

A.            During the term of this Agreement, the Association shall not cause or sponsor, and no teacher shall cause or participate in, any strike, work stoppage, slowdown, withholding of services, or any other illegal activity directed against the Committee. If the Association disclaims in writing to the Committee responsibility for any act prohibited hereby, it shall not be liable in any way therefore. Teachers who participate in any such act may be disciplined or discharged by the Committee without recourse to the grievance procedure and/or arbitration, provided, however, that the question of their participation therein shall itself be subject to the grievance procedure and arbitration.

B.            In connection with any negotiations held pursuant to Article II of this Agreement, said negotiations shall be conducted without threats of sanctions, threats of strikes, or any other public pressure by either party until mediation, fact-finding and any other statutory impasse procedures have been exhausted.

ARTICLE XXXII

General

A.            There will be no reprisals of any kind taken against any teacher by reason of his/her membership or non-membership in the Association or participation or non-participation in its activities.

B.            If negotiation meetings between the Committee and the Association are scheduled during a school day, the representatives of the Association will be relieved from all regular duties, if necessary, in order to permit their participation in such meetings, provided that such relief shall not unreasonably interfere with their teaching duties. When it is necessary, pursuant to the grievance procedure, for a School Representative, member of the PR&R Committee or other representative designated by the Association to investigate a grievance, or attend a conference, meeting, or hearing during the school day, he/she will, upon notice to his/her principal or immediate superior and to the Superintendent (or his/her designee) by the Chairman of the PR&R Committee, be released as necessary in order to permit participation in the said activities, provided that he/she can be released without detriment to the educational program. Any teacher whose appearance in such investigations, meetings or hearings as a witness is necessary will be accorded the same right. The Association agrees that these rights will not be abused.

C.            The private and personal life of a teacher shall be within the appropriate concern or attention of the Committee only to the extent that it bears upon the teacher's responsibilities to and relationships with students, other teachers and/or the Norwell School System. Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher, provided that said activities do not take place during any teacher's working hours or the lack thereof, will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.

D.            The Committee will, upon request, provide the Association with any reasonably available information which is neither confidential nor legally privileged and which may be necessary for the Association to process grievances under this Agreement. The Association will, upon request, provide the Committee with any reasonably available information, which is neither confidential nor legally privileged and which may be necessary for the Committee to process grievances under this Agreement.

E.            The Committee will make available to the Association copies of minutes of official Committee meetings (excepting executive sessions), upon reasonable advance request, and as soon as practicable after such meetings. The Committee will make available to the Association prior to its official meetings (excepting executive sessions) a copy of the official agenda of such meetings.

F.             If any provision of this Agreement or any application of this Agreement to any teacher or group of teachers shall be found contrary to law, including the law prohibiting discrimination, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

G.            On the matters contained herein, this Agreement constitutes Committee and Association policy for the length of its term, and the Committee and Association will carry out the commitments contained herein and will give them full force and effect as their policies. The Committee and the Association shall amend their respective rules and regulations and take such other action as may be necessary in order to give full force and effect to the terms and provisions of this Agreement.

H.        1.                As of the date of execution of this Agreement, the Committee has employed the following teacher aides:

Cole School                                                           3

Vinal School                                                          3

Norwell Middle School                                        1

Senior High School                                              1

Instructional Media (system-wide)                   1

2.                   It is understood and agreed that all teacher and library aides will be fully utilized in supervising the elementary school cafeterias, and that all teacher aides will be fully utilized in covering recess periods.

3.                   During the term of this Agreement, the Committee will continue to employ the number of teacher aides listed in Subsection 1, above, provided that (a) the Committee reserves the right to change the said total number where warranted in its judgment, however, before implementing the change, the administration will notify the Association that it is considering such a change and will, if timely requested by the Association, engage in appropriate consultation with representatives of the EAN, and, (b) the Committee reserves the right to eliminate or adjust the number of said aides assigned to special needs. The Committee reserves its right to make the final decisions as to the number of aides to be employed.

I.             No teacher will be prevented from wearing pins or other identification of membership in the Association or any affiliate thereof.

J.             Upon the recommendation of the Superintendent and the approval of the School Committee, dependents of professional staff members may enroll, without charge for tuition, in the Norwell Public Schools. They may also be included in the pre-K lottery and will be required to pay the regular fee.

Students must be in good standing and make applications to the Superintendent prior to July 1st of the year for which the attendance request is made. In making a recommendation for attendance, the Superintendent will consider any effect on class size and staffing. Placement in a particular school shall be the responsibility of the Superintendent.

The provisions of this Article apply solely to regular education programs. Children requiring service pursuant to Chapter 766 shall be admitted only if regular services are available and on the Superintendent's recommendation.

The provisions of this Article do not apply to placements in day or residential programs pursuant to Chapter 766.

Determinations by the Committee and the Superintendent pursuant to the foregoing provisions shall not be subject to the grievance and arbitration provisions of this Agreement except on the basis of an alleged arbitrary or capricious determination.

ARTICLE XXXIII

Early Retirement Incentive

The Committee, in its sole discretion, may offer such retirement incentive(s) as it deems appropriate, from time to time pursuant to the following conditions:

1.              In any year in which the Committee decides to offer a retirement incentive, a written announcement of the retirement incentive will be sent to the President of the Association and to all bargaining unit members who qualify for the plan.

2.                   Eligible personnel will normally be given at least thirty (30) calendar days from the date of the announcement in which to submit an irrevocable written resignation to be effective without any further action by the Committee upon the close of the school year.

3.                   If the incentive is a monetary stipend, then the stipend will normally be paid to eligible persons who have completed all requirements for the stipend by the end of the second school year following the date on which the resignation is effective.

ARTICLE XXXIV

Criminal Offender Record Information - CORI

1.                   In compliance with the provisions of Chapter 385 of the Acts of 2002, or as such law is from time to time amended, the Superintendent of Schools shall request and review CORI checks. Such checks shall take place not more than once every three (3) years unless allegations of employee misconduct by school officials or law enforcement warrant additional checks. The Superintendent may determine to conduct checks on one-third (1/3) of the staff, or some other percentage, as is convenient.

2.                   Employees shall be made aware that CORI reports concerning them are being requested and when such request is actually made. Employees shall be made aware that, upon request, they shall be provided with a copy of the CORI report received by the Superintendent.

3.                   All CORI checks shall be kept in a separate, secure file maintained in the office of the Superintendent. Upon retirement or termination of his/her employment an employee may request in writing that she/he be given a copy of his/her reports. Such reports shall be provided to the employee within then (10) days of the request.

4.                   After review of a CORI report, the Superintendent, if she/he deems it necessary, may meet with the employee who may, at such meeting, be represented by the Association. Any and all personnel actions resulting from information acquired from a CORI report shall be conducted pursuant to the provisions of the Collective Bargaining Agreement and the General Laws of the Commonwealth of Massachusetts.

ARTICLE XXXV

Duration

This Agreement will be effective as of September 1, 2011, and will continue and remain in full force and effect until August 31, 2013.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this 2nd day of May, 2011.

Education Association of Norwell                                            Norwell School Committee

By:________________________________                       By:________________________________

Kerri Fuller,                                                                                   Kiersten H. Warendorf, Chair

For the Education Association of Norwell

APPENDIX A-1

Teacher Salary Schedule

Effective September 1, 2011 - August 31, 2012

Level

BA

BA+15

BA+30

MA

MA+15

MA+30

MA+45

1

44,918

45,296

46,041

47,923

48,851

49,785

50,907

2

47,172

47,538

48,287

50,159

51,094

52,032

53,154

3

49,783

50,159

50,907

52,778

53,713

54,654

55,770

4

52,405

52,778

53,525

55,402

56,334

57,263

58,393

5

54,542

54,917

55,668

57,532

58,473

59,410

60,524

6

56,788

57,162

57,908

59,773

62,585

65,395

66,523

7

58,847

59,218

59,966

62,211

64,928

67,640

68,770

8

60,907

61,271

62,020

64,648

67,267

69,886

71,018

9

63,817

64,668

65,720

68,814

70,791

72,768

74,003

10

66,724

68,063

69,418

72,980

74,316

75,646

76,985

11

69,749

71,148

72,563

75,647

76,989

78,322

79,657

12

 

 

 

79,074

79,528

80,841

82,174

13

 

 

 

 

83,106

83,214

84,544

14

 

 

 

 

 

86,984

86,984

15

 

 

 

 

 

 

90,715

16

 

 

 

 

 

 

 

17

 

 

 

 

 

 

 

18

 

 

 

 

 

 

 

19

 

 

 

 

 

 

 

20

 

 

 

 

 

 

 

21

 

 

 

 

 

 

 

22

 

 

 

 

 

 

 

23

 

 

 

 

 

 

 

SS 24

71,145

72,571

74,015

80,657

84,770

88,723

92,531

25

 

 

 

 

 

 

 

26

 

 

 

 

 

 

 

27

73,279

74,748

76,234

83,077

87,312

91,385

95,307

28

 

 

 

 

 

 

 

SS29

 

 

 

 

 

 

 

SS 30

75,477

76,991

78,522

85,570

89,931

94,126

98,166

Note: All amounts are rounded to the nearest dollar i.e. $.49 or less rounded down; $.50 or greater rounded 1 up. Each year builds on the prior year's schedule before rounded.

APPENDIX A-2

Teacher Salary Schedule

Effective September 1, 2012 - August 31,2013

Level

BA

BA+15

BA+30

MA

MA+15

MA+30

MA+45

1

44,918

45,296

46,041

47,923

48,851

49,785

50,907

2

48,322

48,688

49,437

51,309

52,244

53,182

54,304

3

50,933

51,309

52,057

53,928

54,863

55,804

56,920

4

53,555

53,928

54,675

56,552

57,484

58,413

59,543

5

55,692

56,067

56,818

58,682

59,623

60,560

61,674

6

57,928

58,312

59,058

60,923

63,735

66,545

67,673

7

59,997

60,368

61,116

63,361

66,078

68,790

69,920

8

62,057

62,421

63,170

65,798

68,417

71,036

72,168

9

64,967

65,818

66,870

69,964

71,941

73,918

75,153

10

67,874

69,213

70,568

74,130

75,466

76,796

78,135

11

70,899

72,298

73,713

76,797

78,139

79,472

80,807

12

 

 

 

80,224

80,678

81,991

83,324

13

 

 

 

 

84,256

84,364

85,694

14

 

 

 

 

 

88,134

88,134

15

 

 

 

 

 

 

93,015

16

 

 

 

 

 

 

 

17

 

 

 

 

 

 

 

18

 

 

 

 

 

 

 

19

 

 

 

 

 

 

 

20

 

 

 

 

 

 

 

21

 

 

 

 

 

 

 

22

 

 

 

 

 

 

 

23

 

 

 

 

 

 

 

SS24

73,445

74,871

76,315

82,957

87,070

91,023

94,831

25

 

 

 

 

 

 

 

26

 

 

 

 

 

 

 

27

 

 

 

 

 

 

 

28

 

 

 

 

 

 

 

SS29

75,579

77,048

78,534

85,377

89,612

93,685

97,607

SS30

77,777

79,291

80,822

87,870

92,231

96,426

100,466

Note: All amounts are rounded to the nearest dollar i.e. $.49 or less rounded down; $.50 or greater rounded 1 up. Each year builds on the prior year's schedule before rounded.

APPENDIX B-l

Extra Curricular Salary Schedule Category I

September 1, 2011 to August 31, 2013

Effective Date

9/1/2011

9/1/2012

Media and Technology Coordinator (205 day schedule)

7,663

7,663

Social Health Director (205 day schedule)

7,663

7,663

Middle School Team Leader

3,406

3,406

Guidance Counselor

2,412

2,412

English Content Area Coordinator 6-12

6,398

6,398

Math Content Area Coordinator 6-12

6,398

6,398

Science Content Area Coordinator 6-12

6,398

6,398

Social Studies Content Area Coordinator 6-12

6,398

6,398

District Wide Coordinator Foreign Language

6,398

6,398

Lead Tech Teachers

1,043

1,043

Master Teacher

2,000*

2,000*

It is understood that all of the above positions require hours and/or days beyond the normal teaching schedule. This will not exceed 4-8 days for team leaders or 2-4 days for lead teacher.

*The Committee will designate not more than six (6) teachers as Master Teachers in school years 2011-2012 and 2012-2013 and may elect to fill or leave vacant such positions in years after 2012-2013.

APPENDIX B-2 Extra Curricular Salary Schedule Category II

Effective September 1. 2011

Fall Season

 

 

 

 

1st

2nd

3rd

 

Year

Year

Year

Cheerleading

 

 

 

Coach

3,181

3,573

3,858

Cross Country

 

 

 

Coach

4,407

4,896

5,342

Field Hockey

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Second Assistant

3,305

3,672

4,007

Football

 

 

 

Coach

6,322

7,067

7,794

First Assistant

5,416

6,054

6,676

Second Assistant

4,764

5,242

5,836

Third Assistant

4,764

5,242

5,836

Golf

 

 

 

Coach

4,407

4,896

5,342

First Assistant*

1,850

2,138

2,299

Second Assistant*

1,850

2,138

2,299

Soccer

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Second Assistant

3,305

3,672

4,007

Winter Season

 

 

 

Basketball

 

 

 

Coach

5,127

5,874

6,628

First Assistant

4,393

5,086

5,753

Second Assistant

3,844

4,483

5,094

*Assumes 1 assistant coach's salary divided by 2.

 

 

Ice Hockey

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Indoor Track

 

 

 

Coach

4,407

4,896

5,342

Skiing

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Swimming

 

 

 

Coach**

4,053

4,586

4,970

Wrestling

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Spring Season

 

 

 

Baseball

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Lacrosse

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Second Assistant

3,305

3,672

4,007

Softball

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Tennis

4,407

4,896

5,342

Track and Field

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

**Assumes 2 coaches' (head and assistant) salaries divided by 2.

APPENDIX B-3

Extra Curricular Salary Schedule

Category II

Effective September 1, 2012

Fall Season

 

 

 

 

1st

2nd

3rd

 

Year

Year

Year

Cheerleading

 

 

 

Coach

3,181

3,573

3,858

Cross Country

 

 

 

Coach

4,407

4,896

5,342

Field Hockey

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Second Assistant

3,305

3,672

4,007

Football

 

 

 

Coach

6,322

7,067

7,794

First Assistant

5,416

6,054

6,676

Second Assistant

4,764

5,242

5,836

Third Assistant

4,764

5,242

5,836

Golf

 

 

 

Coach

4,407

4,896

5,342

First Assistant*

1,850

2,138

2,299

Second Assistant*

1,850

2,138

2,299

Soccer

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Second Assistant

3,305

3,672

4,007

Winter Season

 

 

 

Basketball

 

 

 

Coach

5,127

5,874

6,628

First Assistant

4,393

5,086

5,753

Second Assistant

3,844

4,483

5,094

Ice Hockey

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Indoor Track

 

 

 

Coach

4,407

4,896

5,342

Skiing

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Swimming

 

 

 

Coach**

4,053

4,586

4,970

Wrestling

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Spring Season

 

 

 

Baseball

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Lacrosse

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Second Assistant

3,305

3,672

4,007

Softball

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

Tennis

4,407

4,896

5,342

Track and Field

 

 

 

Coach

4,407

4,896

5,342

First Assistant

3,699

4,275

4,597

*Assumes 1 assistant coach's salary divided by 2.

**Assumes 2 coaches' (head and assistant) salaries divided by 2.

APPENDIX B-4

Extra Curricular Salary Schedule Category III

Effective

9/1/2011

9/1/2012

Home Instruction (Per Hour)

26.51

26.51

In-Service Instructor (Per Session)

92.64

92.64

Guidance Counselor Coordinator

1,569

1,569

Band Director

4,737

4,737

Yearbook Advisor

4,156

4,156

Robotics Advisor

5,254

5,254

Assistant Robotics Advisor

1,791

1,791

Newspaper Advisor

2,522

2,522

Dramatics (Per Season)

 

 

Director

2,969

2,969

Music Director

891

891

Assistant Director

891

891

National Honor Society

1,351

1,351

Math Team Advisor

1,351

1,351

Senior Class Advisor (2)

1,483

1,483

Junior Class Advisor (2)

1,411

1,411

Peer Group Advisor

1,532

1,532

Sophomore Class Advisor

1,351

1,351

Freshman Class Advisor

1,351

1,351

High School Student Government (2}

1,411

1,411

Middle School Student Council

 

 

Advisor

989

989

Middle School Drama Advisor

2,335

2,335

Junior States of America Advisor

1,400

1,400

Science Fair Coordinator

1,356

1,356

AFS Advisor

1,351

1,351

Diversity Club Advisor

1,351

1,351

Middle School Year Book Advisor

989

989

Intramurals

 

 

First Year

1,565

1,565

Second Year

1,904

1,904

Third Year

2,347

2,347

Mock Trial

1,400

1,400

Best Buddies Advisor

1,350

1,350

Halyard Advisor

1,350

1,350

Art Club Advisor

1,350

1,350

Appendix c

Guidelines for Granting Credit for Horizontal Movement on the Salary Scale

1.             In order for a course to count as credit toward horizontal movement on the salary scale, it must meet the following requirements:

(a)                Courses must be approved in advance by the Superintendent. Denials of courses under this section 1 (except for those referenced in subsection 1 (c)) below may be appealed to a professional tripartite panel consisting of the Superintendent's designee, the Association's designee, and a mutually agreeable third person, which will review whether the course is challenging, meaningful and relevant. The decision of the panel shall be final and binding.

(b)                The course must be a graduate credit course from an accredited college or university in the field of education in an area related to the subject matter being taught.

(c)                 Any other graduate credit course may be approved at the discretion of the Superintendent following an advisory opinion of the professional tripartite panel. Undergraduate courses may be counted at the discretion of the Superintendent. Decision of the Superintendent will be final.

(d)                Courses must have been passed with a grade of "B" or above.

(e)                 Courses used for teacher certification will not be counted.

2.                   When a new teacher is hired, the Superintendent, or his/her designee, will assess any courses beyond the B.A. and M.A. to determine if such courses meet the requirements for granting credit toward horizontal movement on the salary scale above. Those courses which qualify will be listed on a data sheet, to be kept on file in each teacher's folder, and said data sheet will be signed by said new teacher and the superintendent, or his/her designee.

3.                   Horizontal movement on the salary scale shall be limited to one column and one step per school year except that a teacher may move from BA + 15 to MA in a school year.

4.             Approved courses taken before September 1 of a school year.

Teachers who file the transcripts of such courses with the Office of the Superintendent by September 1 of the school year will receive full credit for that school year. Teachers who file the transcripts of such courses after September 1 of the school year, but not later than the following February 1, will receive credit for the second half of that school year. If appropriate documentation (e.g., grade reports) is not filed within six months of completing courses, credit may be denied. For courses completed prior to September 1, 1998, teachers will have until December 31, 1998 to submit appropriate documentation in order for those courses to qualify for salary scale movement credit. For a Master's degree and for courses taken after September 1, 1998, for which horizontal movement to Masters+45 is sought, official transcripts must be provided in addition to any appropriate documentation provided pursuant to the prior two sentences.

5.             Each teacher now in the system shall receive a copy of these guidelines and new teachers shall be given a copy when hired.

APPENDIX D

Evaluation Procedures and Performance Standards (Teachers With/Without Professional Status)

INTRODUCTION

Regulations from the Massachusetts Department of Elementary and Secondary Education require that all school districts develop District Evaluation Procedures and Performance Standards. As a result, a system-wide committee consisting of teachers and administrators worked to develop these standards and procedures. Norwell Public Schools' Evaluation Procedures and Performance Standards which are described in this booklet are the culmination of these efforts.

As the Massachusetts Department of Elementary and Secondary Education has stated, "The goal of evaluation is to help each other grow and improve, not simply to eliminate non-performing educators. The results of the evaluation process can, and should be, used to make positive and negative employment decisions. The Board's professional performance standards will be used by school districts, along with any 'supplemental' standards that may be locally adopted, to describe and enforce employment expectations for professional employees."

Coupled with an extensive relationship with Research for Better Teaching (RBT), our supervision/evaluation procedures reflect a clinical approach to professional development and teacher performance. It is the goal of the district that all teachers will successfully complete the Understanding Teaching I course and the system's evaluators will successfully complete the Observing and Analyzing Teaching I course. Having developed this relationship with RBT, we have created a supervision/evaluation system that contains:

·         a common language for talking about teaching;

·         criteria for teaching that are published and understood by all involved; and

·         a commitment to improving supervision and evaluation as an ongoing goal.

(Please note that related support service providers can modify the specified plan with mutual agreement between the administrator and provider.)

PHILOSOPHY OF SUPERVISION AND EVALUATION

The purpose of Norwell Public Schools' District Evaluation Procedures and

Performance Standards is to improve and support teaching and learning by understanding a teacher's responsibilities, supporting professional development, and assuring accountability for performance.

Teachers' professional skills are assessed and evaluated through mutual goal setting, classroom observations, and conferencing. The intent of this process is to encourage ongoing self-examination of professional skills, to promote professional growth, to commend professional achievement, and to provide the necessary information to recommend improvements in teaching performance.

SUMMARY AND OVERVIEW

I.             PURPOSE:

The Regulations on Evaluation of Teachers and Administrators (603 CMR 35.00) outlines two specific purposes for evaluation:

A.            To provide a record of facts and assessments for personnel decisions.

B.            To provide information for the continuous improvement of the educator's performance through an exchange of information between the person being evaluated and the evaluator.

II.           RESPONSIBILITY:

A.           The School Committee must ensure adequate resources for an annual review (minimum) for teachers and administrators without professional status, and bi-annual review (minimum) for teachers and administrators with professional status.

B.           The Superintendent must ensure that evaluators have training in the principles of supervision and evaluation, and expertise in the subject matters and/or areas to be evaluated.

III.  PROCEDURES:

A.         Standards are shared in advance with the Individual being evaluated.

B.         The purpose of evaluation is stated in writing and shared with the individual being evaluated.

C.         There is opportunity for the individual being evaluated to provide additional information on his/her performance prior to the completion of the written summative evaluation. Such information must be provided in a timely manner and must be considered by the evaluator.

D.         The summative Evaluation Report, as well as any formal Observation Reports, will be presented in writing to the individual being evaluated, with an opportunity for discussion.

E.          The individual being evaluated has the opportunity to respond in writing.

F.          The evaluation process is free of bias with regard to race, gender, religion, disability, or other issues of diversity.

G.         The performance standards shall reflect and allow for significant differences in assignments and responsibilities and the differences shall be described in the evaluation reports.

PERFORMANCE STANDARDS

PRINCIPLES OF EFFECTIVE TEACHING

I.             CURRENCY IN THE CURRICULUM:

A. The teacher is up to date regarding curriculum content.

1.           Demonstrates a working knowledge of core curriculum of the teacher's assignment.

2.           Keeps current in the field and applies knowledge appropriately to the instructional program.

3.           Contributes to the ongoing evaluation, revision, and development of the curriculum.

4.           Maintains current certification.

II.        EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND

INSTRUCTION:

A.    The teacher plans instruction effectively.

1.           Sets short-term and year-long goals for curricular units.

2.           Identifies individual and group needs and plans appropriate strategies.

3.           Uses materials and resources appropriately.

4.           Collaborates with support staff to meet the learning needs of all students.

5.           Designs curriculum experiences in which students take increasing responsibility for their own learning.

B.    The teacher plans assessment of student learning effectively.

1.           Communicates clear, observable, measurable standards for student learning.

2.           Develops and uses assessment strategies which address a student's learning style, as well as learning achievement.

3.           Communicates student progress to students, parents, and staff members in a timely fashion.

4.       Prepares and maintains accurate and efficient record-keeping systems.

5.     Maintains professional confidentiality concerning individual student data and achievement.

C.    The teacher monitors students' understanding of the curriculum effectively and makes necessary adjustments in instruction, materials, and assessments.

III.          EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT:

A.    The teacher creates an environment that is positive and encourages student involvement.

1.         Understands and uses principles and patterns of child growth and development.

2.         Establishes classroom procedures that maintain a high level of students' time on task and that ensure smooth transitions from one activity to another.

B.    The teacher maintains and exhibits appropriate standards of behavior, mutual respect, and safety.

IV.          EFFECTIVE INSTRUCTION:

A. The teacher demonstrates effective instruction by: a. Making learning goals clear; b. Using appropriate instructional techniques; c. Using appropriate questioning techniques; d. Evaluating and implementing innovative approaches and refining instructional strategies.

1.       Uses a variety of teaching strategies.

2.       Provides options for students to demonstrate competency and mastery of new material.

3.       Uses a variety of appropriate materials.

4.       Causes students to become cognitively active.

5.       Uses a variety of questioning techniques.

6.       Presents information recognizing multiple points of view.

V.            PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT:

A.    The teacher communicates learning goals, high standards, and high expectations to students.

B.    The teacher promotes confidence and perseverance in the student and stimulates increased personal student responsibility for achieving the goals of the curriculum.

1.            Uses prompt feedback and student goal setting.

2.            Develops and supports students' awareness of themselves as learners.

3.            Builds positive relationships with students and adults.

4.            Acknowledges and values student work, study, and inquiry.

VI.          PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY:

A. The teacher strives to ensure equitable opportunities for student learning, recognizing and being sensitive to the diversity among individuals.

1.       Provides opportunities to include all students in the full range of academic programs and activities, as well as extra-curricular activities.

2.       Demonstrates a sensitivity to differences in abilities, modes of contribution, and social/cultural backgrounds.

VII.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES:

A.    The teacher is constructive and cooperative in interactions with parents and is receptive to their contributions.

B.    The teacher shares responsibility for accomplishing goals and priorities for his/her grade/team/department, building, and school district.

C.    The teacher is a reflective and continuous learner.

1.       Demonstrates a willingness to expand knowledge and skills.

2.       Is receptive to suggestions for professional growth and improvement.

SUPERVISION/EVALUATION COMPONENTS Goal-Setting Conference

At the beginning of each supervision/evaluation cycle a goal-setting conference will occur between teacher and evaluator. This conference is not only structured to develop mutually agreed-upon goals for the teacher for the upcoming cycle, but it is also designed to discuss specific elements of supervision/evaluation such as the procedures to be followed, timeline to be adhered to, and supervision/evaluation plan to be implemented. As our Goal-Setting Guidelines (page D-7) indicate, goals must be related to previous evaluations as well as specifically adhere to Norwell Public Schools' Performance Standards.

Pre-Observation Conference

Formal classroom observations will be preceded by a conference between teacher and evaluator. The purpose of this conference will be to provide the evaluator with information about the lesson to be observed. Activities that had preceded and will follow the observed lesson will also be discussed to provide a continuous framework for the observation. Teachers will benefit from this conference as specific questions may be posed by the evaluator for further clarification. In addition to objectives prescribed for the lesson, the following elements are expected to be addressed:

·         Specific teaching/learning activities to be observed.

·         Skills and knowledge that will be taught.

·         Teaching methods that will be used.

·         Specific behaviors (teacher; student) that should be observed.

·         Methods of evaluation.

·         Specific information regarding an individual student or group of students.

Class Observation

Class observations provide direct opportunity for evaluators to assess instructional effectiveness. An entire lesson should be observed to conduct a thorough observation. Evaluators will implement a clinical approach while conducting a class observation. In that regard, literal notes will be taken and used as the foundation for writing the Teacher Observation Report.

Observation Conference/Report

Observation notes will be discussed during the observation conference. However, discussion between teacher and evaluator focuses not only on the observation notes, but also the lesson's connection to the teacher's overall goals and the goals of that specific lesson. A further intent of the Observation Conference is to continue dialogue between teacher and evaluator regarding best teaching practices and that which should occur to enhance instruction.

Using the Research for Better Teaching model or other similar clinical supervision techniques, evaluators will compose Teacher Observation Reports that balance Claims, Evidence, Interpretations/Impact, and Judgments.

                     Claim: A generalization about a person's teaching performance.

                     Evidence: A literal description of something that the observer saw, or heard, used to support the claim.

                     Interpretation/Impact: An explanation of why the evidence supports the claim and the impact on student learning.

Interpretations point out what the teacher did to accomplish a task.

•              Judgment: A summary statement of what the evaluator thought of the observed activity.

Evaluation Conference

On a yearly basis, teacher and evaluator will engage in an Evaluation Conference. This conference is based upon a written Summative Evaluation Report. The report, both a rubric and narrative, refers specifically to formal observations conducted, as well as other components agreed upon through the Supervision/Evaluation process. Teacher strengths, as well as areas needing improvement and/or attention, are also pointed out during this time. The Evaluation Conference of a cycle is viewed as the foundation for any upcoming supervision/evaluation cycle.

NORWELL PUBLIC SCHOOLS

SUPERVISION/EVALUATION CYCLE

GOAL SETTING GUIDELINES

To varying degrees, goal-setting conferences will occur between teacher and evaluator at the beginning of each supervision/evaluation cycle. Setting goals is viewed as an integral component in expanding professional development and enhancing teaching performance, as well as creating a positive, productive relationship between evaluator and teacher. These specific written goals will become the catalyst for teacher professional development and growth. As goals are determined, several guidelines have been recommended. In that regard, supervision/evaluation goals should be:

         mutually agreed upon

         measurable

         related to feedback from previous supervision/evaluation cycles

         related to Norwell Public Schools' Mission Statement and Professional Development Improvement Plan

         related to the individual school's Mission Statement

         related to State and Federal guidelines and mandates

         connected to the Massachusetts Department of Education's Principles of Effective Teaching and Curriculum Frameworks

SUPERVISION/EVALUATION PROCESS (TEACHERS WITH PROFESSIONAL STATUS)

I.              Supervision/Evaluation Cycle

A.            Definition: Teachers With Professional Status will participate in a cycle on an annual basis. The supervision/evaluation cycle is a professional interchange between teacher and evaluator towards enhancement and/or improvement of performance.

B.            Dates/Timelines:

1.                   Beginning/Ending Dates of Cycle: A cycle may begin at a mutually-agreed upon date between teacher and evaluator each school year. This process may begin immediately following the discussion of the previous school year's Format Evaluation (spring) or in the fall of the school year. The annual date of this cycle does not necessarily need to coincide with the annual date of the Formal Evaluation. More importantly, the specific plan agreed upon will influence the anniversary dates of this cycle.

2.                   Formal Evaluation Conference: One per school year, regardless of anniversary date of Supervision/Evaluation Cycle (by May 1.)

1.       Formal Plan (by May 1)

2.       Self-Directed Plan (by May 15.)

3.       Assistance Plan (by April 1.)

II.           Goal-Setting Conference (one per cycle)

A.            Description of options (i.e., Formalized, Self-Directed, and Assistance.)

B.            Clarification of time line.

C.            Mutual goal setting for staff member to be evaluated.

(Including, but not limited to, objectives in the following areas: Curriculum/Instruction, Management, Professional Growth, and Professional Responsibility.)

D.            Development of Plan for current cycle.

E.            Compose mutually agreed-upon goals and plan in writing.

III.          Supervision/Evaluation Options

At the conclusion of each Supervision/Evaluation Cycle Involving Teachers With Professional Status and a designated evaluator, mutual agreement will be reached to determine the most appropriate option for continued professional growth and enhancement of performance. Based upon progress through the previous cycle, consensus will be reached towards implementation of one of three specific plans: Formal Plan, Self-Directed Plan, or Assistance Plan. These plans will be generated through teacher-evaluator collaboration and will be the foundation of the upcoming cycle. Failure to reach consensus by the teacher and evaluator may result in each party seeking additional representation at a subsequent meeting.

A.    Formal Plan: This plan is identical to that which is followed for

Teachers Without Professional Status. Within a supervision/evaluation cycle, the Formalized Plan includes the following:

1.     Goal-Setting Conference (one per year: begin by 9/15)

a.       Description of process.

b.       Clarification of time line.

c.        Mutual goal setting for staff member to be evaluated. (Including, but not limited to, objectives in the following areas: Curriculum/Instruction, Management, Professional Growth and Professional Responsibility.)

d.       Compose mutually agreed-upon goals in writing.

2.     Pre-Observation Conference

a.     Description of objectives and goals of upcoming lesson(s).

3.     Class Observation (minimum two per year)

a.       Based on mutually-agreed upon goals.

b.       Evaluator will use clinical supervision techniques.

4.     Observation Conference (minimum two per year)

a.       Based on written Observation Report.

b.       Related goals and observation.

c.        Reporting of teaching strategies and behaviors.

d.       Refer to clinical notes.

5.   Evaluation Conference (one per year)

a.       Based on written Summative Evaluation Report.

b.       Reflection upon process and product of Supervision/ Evaluation cycle.

c.       Discussion of strengths perceived throughout the year.

d.       Exploration of potential goals for the upcoming supervision/evaluation cycle, (i.e., Curriculum/Instruction, Management, Professional Growth, and Performance Responsibilities.)

e.       Completion of written entire evaluation package which includes agreed-upon goals, observation reports, and written evaluation.

B.       Self-Directed Plan: This plan recognizes the diversity of teachers' styles and repertoires of presenting information to students in meaningful ways. It also emphasizes the value of professional development and the variety of forms in which life-long learning may take place for educators. The Self-Directed Plan requires mutual consensus and focuses upon teacher-evaluator collaboration in determining the most effective manner in demonstrating teacher performance and professional growth. Although the range of options used in this plan will be driven through this collaboration at the beginning of each cycle, the following list suggests areas that may be included in the development of the Self-Directed Plan:

1.                   Lesson Observations (formal and / or informal)

2.                   Periodic Conference Updates

a.       Meetings between Teacher and Evaluator

b.       Meeting among Teacher, Colleagues, and Evaluator

c.       Portfolios (Teacher, Student)

d.       Professional Development Experiences

e.       Professional Relationships (i.e., Peer Coaching, Teaming, etc.)

f.       Home-School Connections

g.       Self-Reporting

h.      Curriculum/Program Study Groups

i.       Independent Studies/Projects

j.       Committee Participation (Building-based, system wide,

1.     community, state, etc.)

k.      Course/workshop presentations

C.            Assistance Plan: This plan is designed to provide teachers and evaluators with the opportunity to work collaboratively towards remediation of specific areas needing improvement. Most often, the areas addressed in an Assistance Plan will be driven by recommendations found in the teacher's Formal Evaluation during the previous cycle. The components of an Assistance Plan must minimally include the following:

1.                   Identification of areas needing remediation.

2.                   Actions/steps to be taken by the teacher.

3.                   Administrator/evaluator responsibilities.

4.                   Timeline of activities and periodic updates.

5.                   Performance objectives.

6.                   Methods of evaluating goals/objectives.

(Note: Failure to demonstrate acceptable improvement through the Assistance Plan may result in taking necessary steps towards dismissal, per Teachers' Contract.)

SUPERVISION/EVALUATION CYCLE: FORMAL PLAN (TEACHERS WITHOUT PROFESSIONAL STATUS)

I.             Goal-Setting Conference (one per year: begin by 9/15)

A.           Description of process.

B.           Clarification of timeline.

C.           Mutual goal setting for staff member to be evaluated. (Including, but not limited to, objectives in the following areas: Curriculum/Instruction, Management, Professional Growth and Professional Responsibility.)

D.           Compose mutually agreed-upon goals in writing.

II.            Pre-Observation Conference

The pre-observation conference takes place prior to each formal class observation.

A.        Description of objectives and goals of upcoming lesson(s).

III.          Class Observation (minimum two per year; first observation by 12/15)

A.            Based on mutually-agreed upon goals.

B.            Evaluator will use clinical supervision techniques.

IV.          Observation Conference (takes place after each class observation; minimum

two per year: first observation by 12/15)

A.            Based on written Teacher Observation Report.

B.            Related goals and observation.

C.            Reporting of teaching strategies and behaviors.

D.            Refer to clinical notes.

V.            Evaluation Conference (one per year by 3/15)

A.            Based on written Summative Evaluation Report.

B.            Reflection upon process and product of Supervision/Evaluation cycle.

C.            Discussion of strengths perceived throughout the year.

D.            Exploration of potential goals for the upcoming supervision/evaluation cycle, (i.e., Curriculum/Instruction, Management, Professional Growth and Professional Responsibilities.)

E.            Completion of entire written evaluation package which includes agreed-upon goals, observation reports, and written evaluation.

NORWELL PUBLIC SCHOOLS TEACHER OBSERVATION REPORT

Name of Teacher_______________________________  School: ______________________________

Subject: ______________________________  Level:_______ ______________________________

Date of Pre-Observation Conference: ______________________________

Date of Observation: ______________________________  Time of Observation:___________________

Date of Post-Observation Conference: ______________________________

Signatures:

Teacher statement:     My signature indicates only that I have read this observation report and not necessarily that I am in agreement with it.

____________________________________________________________   ____________________

Signature of Teacher                                                                                                           Date

Signature of Evaluator                                                                                                        Date

NORWELL PUBLIC SCHOOLS SUMMATIVE EVALUATION RUBRIC Name of Teacher:           Date:

Present Teaching Assignment:

Present teaching assignment:

I.             Currency in the Curriculum /Field                                                               _____M _____S ______U

o    Demonstrates a working knowledge of core curriculum and understanding of relevant skill sets associated with that curriculum.

o    Keeps current in the field and applies knowledge appropriately to the instructional program.

o    Contributes to the ongoing evaluation, revision, and development of the curriculum.

o    Maintains current certification.

II.            Effective Planning and Assessment of Curriculum and Instruction  _____M _____S ______U

o    Thoughtfully plans instruction and assessment of student learning with appropriate reference to standards.

o    Monitors student understanding of the curriculum and adjusts instruction, materials, or assessments when appropriate

o    Lessons provide flexibility for individual differences and specified accommodations.

o    Prepares and maintains accurate and efficient record-keeping systems.

III.          Effective Management of Classroom Environment                    _____M _____S ______U

o    Creates an environment that is positive for student learning

o    Maintains appropriate standards of behavior, mutual respect, and safety

o    Encourages student involvement

 o    Establishes classroom procedures that maintain a high level of students' time on task and that ensure smooth transitions from one activity to another.

IV.          Effective Instruction                   _____M _____S ______U

 o    Makes learning goals clear to students through the use of activators, summarizers, and/or agendas.

o     Tries innovative approaches and refines instructional strategies as appropriate

o    Uses a variety of appropriate techniques and procedures

o    Uses various techniques for assessing and evaluating student progress

V.            Promotion of High Standards and Expectations     _____M _____S ______U

for Student Achievement

o    Communicates learning goals and high standards and expectations to students

o    Builds positive relationships with students and adults.

o    Acknowledges and values student work, study, and inquiry.

VI.          Promotion of Equity and Appreciation of Diversity      _____M _____S ______U

o     Strives to ensure equitable opportunities for student learning, including utilizing appropriate specialized services available within the system to aid in student growth

o    Promotes an appreciation for and sensitivity to the diversity among individuals, allowing students to develop a wholesome self-concept and to gain self-esteem.

o     Is approachable to student for assistance or advice when needed.

VII.         Fulfillment of Professional Responsibilities_____M _____S ______U

1.    Aids in the development of the student by engaging in constructive and cooperative interactions with parents/guardians; receptive to their contributions.

o     Shares responsibility for accomplishing the goals and priorities of his/her grade, department, building, and school system.

 o    Demonstrates a willingness to expand knowledge and skills through reflective and continuous learning.

o    Receptive to suggestions for professional growth and improvement.

o    Performs all professional responsibilities and implements school policies and regulations.

o    Adheres to ethical standards of the profession.

M = Meets Norwell Public Schools' standards    S = Satisfactory with concerns   U = Unsatisfactory

Page 2 of Teacher Summative Evaluation Report (to be attached to summative evaluation rubric)

Narrative (the main emphasis of this section shall be based on the following areas):

A.        Currency in the Curriculum (up-to-date regarding curriculum content)

B.        Effective Planning and Assessment of Curriculum and Instruction (plans instruction, plans assessment)

C.        Effective Management of Classroom Environment (positive learning and involvement, appropriate behavioral standards)

D.        Effective Instruction (goals, instructional techniques and questioning techniques)

E.        Promotion of High Standards and Expectations (communicating goals, standards, and expectations; promoting confidence in students)

F.         Promotion  of Equity  and  Appreciation  of Diversity  (equitable  opportunities  for students)

G.        Fulfillment of Professional Responsibilities (parent relations, shared decision-making and professional development)

(Narrative will be written on a separate, attached sheet.)

Teacher Comments (optional, may include professional development):

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Signatures:

Teacher statement:     My signature indicates only that I have read this evaluation and not necessarily that I am in agreement with it.

Teacher: ____________________________________________   Date: ________________

Principal: ____________________________________________   Date: ________________

Other Evaluator(s): _____________________________________Date: ________________

 Superintendent/Designee: _______________________________Date: ________________

INDEX

 

 

Subject

Article

Page

Compliance with Recently Enacted Laws

XXI

25

Criminal Offender Record CORI

XXXIV

34

Discipline

XXIII

26

Dues Deductions

XXX

30

Duration

XXXV

35

Early Retirement Incentive

XXXIII

34

Evaluation Procedures and Performance Standards

....App D

46

Extended Leaves of Absence

XX

22

Extra-Curricular Salary Schedules

App B

38

General

XXXII

32

Grievance Procedure

III

2

Horizontal Movement on the Salary Scale

App C

44

Insurance and Annuity Plan

XXVIII

29

Negotiation Procedure

II

1

Non-Renewal

XXIV

27

Non-Teaching Duties

VIII

13

Personal Injury Benefits

XXVII

28

Positions in Evening School and under Federal Programs....

XIII

17

Professional Development and Educational Improvement....

XXV

27

Protection

XXVI

28

Recognition

I

1

Sabbatical Leaves

XXII

25

Salaries

IV

5

Severance Pay

XVIII

20

Sick Leave

XVII

19

Specialists and Special Programs

VII

11

Strikes and Public Pressure

XXXI

31

Teacher Assignment

X

14

Teacher Employment

IX

13

Teacher Evaluation

XIV

17

Teacher Facilities

XV

18

Teacher Salary Schedules

App A

36

Teacher-Pupil Ratio

VI

8

Teaching Hours and Teaching Load

V

6

Temporary Leaves of Absence

XIX

20

Textbooks

XXIX

30

Transfers

XI

15

Use of School Facilities

XVI

18

Vacancies and Promotions

....XII

16

SIDE LETTER OF AGREEMENT

This side letter of agreement dated        November 1   2004 and executed pursuant to  the Memorandum  of Agreement ratified by the  Norwell  Educators' Association       November 1   2004   and   the  Norwell   School   Committee   on November 1        , 2004, relates to the provisions of Article V, Hours and Load, paragraph B, 2, concerning early release days:

1.              The parties agree that the Committee will schedule a total of eight (8) early release days annually. One such day shall be the-last day of school for pupils and two of which will be scheduled for parent conferences. Of the two early release days for the parent conferences, one shall be scheduled in the fall and the second in the spring of each year.

2.              In all other respects the collective bargaining agreement shall remain in full force and effect and this side letter shall be enforceable in accordance with the grievance and arbitration provisions of the collective bargaining agreement.

3.      This side letter shall remain in full force and effect unless subsequently  modified by a writing executed by the parties.

_______________________________         ________________________________

For the Norwell School Committee                   For the Norwell Educators' Association

SIDE LETTER OF AGREEMENT

This side letter of agreement dated   November 1  , 2004 and executed pursuant to the Memorandum of Agreement ratified by the Norwell Educators' Association      November 1  2004  and  the Norwell  School   Committee   on November 1   2004, relates to the provisions of Article XX, Extended Leave, paragraph B, relating to maternity leave:

1.               The parties agree to create a study committee comprised of equal designees to review issues relating to maternity leave.

2.               The existence of this study committee shall not affect, the rights of any employee of the Norwell Public Schools to access any maternity related rights or benefits available under the collective bargaining agreement.

3.               The results of the study committee will be reported back to the full School Committee and the full Association for review, comment and action if desired. Neither party, however, may take any action in reliance on the study committee's report until the parties have negotiated over and ratified changes or additions to the collective agreement based on the stud) committee's recommendations.

4.               In all other respects the collective bargaining agreement shall remain in full force and effect and this side letter shall be enforceable in accordance with the grievance and arbitration provisions of the collective bargaining agreement.

5.    This side letter shall remain in full force and effect unless subsequently modified by a writing executed, by the parties.

_______________________________         ________________________________

For the Norwell School Committee                     For the Norwell Educators' Association

TEACHER LEADERSHIP MEMORANDUM OF AGREEMENT

Whereas the Norwell School Committee intends to create certain teacher leadership positions to be phased in over a period of time beginning with the grade 6-12 content area coordinators for English, Mathematics, Science and Social Studies and a district-wide content area coordinator for Foreign Languages, the parties have discussed and agreed as follows:

1.          The 2001-02 stipend for the grade 6-12 content area coordinator for English, Mathematics, Science and Social Studies and a district-wide content area coordinator for Foreign Languages will be $5000.

2.           An additional $ 1,000 stipend will be provided for the year in which a content area coordinator's subject is undergoing a major curriculum review/textbook adoption.

3.           The normal teaching load for a content area coordinator will consist of four (4) teaching periods and no supervisory period.

4.           If practicable, every effort will be made to limit the teaching load to three (3) periods when the content area is undergoing a major curriculum review/textbook adoption, or when there are several new teachers in the content area.

5.            Beginning in September, 2001 the Mathematics and Foreign Language content area coordinator positions will be filled with the aforementioned stipend and reduced teaching loads.

6.           Should funds be available later in 2001 -02, as many of the remaining content area coordinator positions as possible will be filled at the aforementioned stipend, pro rated over the portion of the year for which the position is filled, but with a full teaching load and no supervisory period.

7.           It is the intent of the School Committee to budget and schedule all five content area coordinator positions for the 2002-2003 school year in accordance with the agreed upon stipend and reduced teaching loads.

8.           At the conclusion of the first full school year of implementation of each position, the teacher leadership planning team will be reconvened to meet with each content area coordinator for a debriefing and assessment of  the position order to make recommendations for possible modifications.  

For the Norwell School Committee                                  For the Education association of Norwell

_______________________________                       ________________________________

Dated_______________________________            Dated________________________________

SIDE LETTER OF AGREEMENT

CO-CURRICULAR ACTIVITY PROGRAM

WHEREAS (he Education Association of Norwell and the Norwell School Committee (the parties) recognized (he desirability and importance of after-school activities for students in the middle grades and, whereas there are already after-school activities and programs in place for students funded by the NEF and other sources, and, whereas the parties want to provide for additional program opportunities, the parties agree to a Middle Grade Co-Curricular Activity Program (the program), to be implemented as follows:

1.                 The School Committee will budget a minimum of $4,250 for said program at the Norwell Middle School during each of the 2001-02, 2002-03 and 2003-04 school years;

2.                 The School Council is responsible for the management of this money and for establishing criteria for its disbursement;

3.                 Staff members interested in conducting an afier-school program are to submit a proposal to the School Council in a form created for this purpose, to include the type of activity, the goal of the activity, number of students, and number of meetings;

4.                 Proposals should include requests for stipends, materials, fees and other expenses related to the proposed activity, which may be granted, in whole or in part, subject to the established criteria in the discretion of the School Council;

5.                 Nothing in this agreement will be interpreted to preclude participation in programs on a voluntary basis.

The foregoing is a non-grievable and non-arbitrable side letter of intent by and between the parties.

For the Norwell School Committee                                  For the Education association of Norwell

_______________________________                       ________________________________

Dated_______________________________            Dated________________________________

SIDE LETTER TWO ADDITIONAL STIPEND

The parties agree thai teachers who voluntarily teach a sixth period during periods of temporary staffing needs will receive an additional stipend of 20% of Bachelors Step One. The Committee will not ask a teacher to work a sixth period in order to reduce (i.e., layoff) existing teachers in that subject area. When practicable, experience and years of service will be considered, among other factors, by the administration in making these appointments.

_______________________________                       ________________________________

Dated_______________________________            Dated________________________________

This is to hereby confirm that Side Letter Two: The Additional Stipend (above) has been in effect since 2001, and will continued for the entire duration of the 2008-2011 collective bargaining agreement between the Norwell School Committee and the Education Association of Norwell.

_______________________________                       ________________________________

Kiersten H. Warendorf, Chair                                                   Kem Fuller

Norwell School Committee                                                        For the Education Association of Norwell

_______________________________                       ________________________________

Date                                                                                            Date

SIDE LETTER

The faculty and the administration are encouraged to explore alternative methods of scheduling towards the goal of enhancing student learning.

Education Association of Norwell                                     Norwell School Committee

By:_____________________________                       By:____________________________________

______________________________                            ______________________________

President

______________________________                            ______________________________

Vice-Chair

______________________________

______________________________

_________________  2001

Jay Swartz

President of the Education Association of Norwell

C/O Norwell High School

18 South Street

Norwell, MA 02061

Dear Mr. Swartz:

The parties desire to extend the benefits of Article XXV - C, which presently deals with only master's level and above, to the nurses employed by the Norwell Public Schools as of June 4,2001, who have not yet attained a bachelor's degree. This letter is a non-grievable and non-arbitrable side letter of intent. Please sign and date this letter and return it to me.

Pursuant to this letter, the above-referenced nurses only will be eligible for reimbursement of tuition and fees under Article XXV - C of the Agreement subject to the following conditions:

1.                 All credits earned must be in pursuit of a Bachelor's of Science in Nursing degree or other health related degree approved in advance by the Superintendent;

2.                 All courses taken are subject to the prior approval of the Superintendent;

3.                 All requirements and procedures for reimbursement must be followed; and

4.                 Any payments hereunder count towards the aggregate maximum.

Under no circumstances will any employee not referenced herein be eligible for reimbursement under the provisions of Article XXV in order to obtain a bachelor's degree.

This side letter and the provisions contained herein will automatically expire as to each such nurse as of the date she has attained a bachelor's degree. This letter is entered into without prejudice and it is not to be construed as having set any precedent regarding the terras and conditions of the existing Agreement or any future Agreements between the parties. Under no circumstances is this letter to constitute a continuing practice or evidence of a practice.

FOR NORWELL                                                                          FOR EDUCATION

SCHOOL COMMITTEE                                                           ASSOCIATION OF NORWELL

______________________________                            ______________________________

Dr. Don Beaudette                                                                      Jay Swartz

Date: ______________,2001                                                  Date:     ___________________2001

SETTLEMENT AGREEMENT

This Settlement Agreement is entered into by and between the Norwell School Committee .(hereinafter "Committee") and the Education Association of Norwell (hereinafter "Association"), as the fall and final settlement of a class action grievance alleging violations of Article IX (Teacher Employment) Section A and Appendix A of the Collective Bargaining Agreement between the parties.

Whereat the Association and the Committee have negotiated the terms and conditions of a collective bargaining agreement effective September 1,2001 through and including August 31,2004; and

Whereas, these negotiations resulted in a complete restructuring of the salary schedule; and

Whereas, a number of disputes have arisen over the implementation of the newly-restructured salary schedule; and

Whereas, the Committee and the Association desire to resolve all of the remaining disputes;

Now, therefore, in consideration of mutual covenants, the parties hereto agree as follows:

1    Article DC, Section A

a.            Effective September 2003, add the following language:

Teaching experience includes only K-12 teaching  as  a  state certified teacher in a public, independent, or parochial school and pre-K teaching as a. state certified -teacher in a public pre-K program. Among the types of experience not included are teaching outside the United States, internships, student teaching, .home schooling, child care, private instruction, tutoring, teaching as park of a degree -program or if required for certification, serving as a teaching assistant, and serving in an administrative position.

b.            The EAN agrees to the School Committee's interpretation of the chart set forth in Article IX for new hire placement. 

2. It is understood that the Superintendent's appointment letters to new hires dated on or before September 6, 2001 were based on the salary schedule in effect at that time. It is acknowledged that the negotiations for a successor agreement resulted in a restructured salary schedule, and it is further acknowledged that both existing teachers and new hires were converted and placed on the restructured salary schedule for the 2001-2002 school year.    In order to ensure the equitable treatment of new hires for the 2001 -2002 school year, the following changes will occur with respect to the step placement of . individual teachers:

•              Jennifer Bradbury, Mary Beth Brust, Tara Coffey, Debra Coggeshall, Julie Fox, Mary Howard, Laurie Peckham, Leah -Sharpe, Eileen Warren, and Veronica Williamson will each elect in writing by December 2, 2002, one of the following two options:

Option 1:               skip Steps 7 and 9 when reached in their normal progression; or

Option 2                stay at their present step for the duration of the 2002-2003 school year; advance two steps For the 2003-2004 school year, continue on that same step-for the 2004-2005 school year; and skip Step 9 when reached in their normal progression.

Anyone who fails to select an option in writing by December 2, 2002, will be deemed to have selected Option 1.

•              Christopher Lacy and Paul Papadonis will each advance two steps for the 2003 -2004 school year.

•              James Morse, Laura McConnaughey, and Arianne Lozan will skip Step 9 when reached in their normal progression.

With respect to all other new hires for the 2001-2002 school year, there will be no change to the current placement. and. step progression.

Teachers who were teaching in the Norwell Public Schools on Steps 1 and 2 in the 2000-2001 school year will skip Step 9 when reached in their normal progression"

3.            The Association hereby withdraws, on behalf of itself and those represented by the Association, its class action arbitration with prejudice to refiling. The Association hereby releases all claims that could have been made by it or any bargaining unit member regarding the application of Article IX up to and including placements for the school year 2002-2003.

4.            This settlement agreement is not and shall not be construed as an admission or assignment of fault, wrongdoing, or violation of any contractual or other provisions, promises, or obligations.

Therefore, the Committee and the Association -have caused this Settlement Agreement to be executed by their duly authorised representative this 14th day of November, 2002.

____________________________________                    _______________________________________

Norwell School Committee                                                        Education Association of Norwell

SIDE LETTER OF AGREEMENT

SETTLEMENT OF HEALTH INSURANCE CHARGE OF PROHIBITED PRACTICE

This Agreement takes effect as of July 1, 2010 by and amongst, the Norwell School Committee ("School Committee" or "Employer"), the Town of Norwell ("Town" or "Employer") and the Education Association of Norwell ("Association"), herein collectively referred to as the "parties".

PREAMBLE

WHEREAS, the School Committee/Town is a member of the Mayflower Municipal Health Group through which it provides health insurance benefits to school employees, including employees in the bargaining units ("teachers" and "secretaries and paraprofessionals") represented by the Association; and

WHEREAS, school employees who participate in the Employer-offered health plans are either enrolled in either a P.P.O. or H.M.O. Plan; and

WHEREAS, the Mayflower Municipal Health Group (formerly "Plymouth County Commissioner's Health Insurance Group) made unilateral changes to health insurance plans effective 7/1/10 as follows:

Blue Cross Blue Shield Network Blue HMO

 

Pre-7/1/10

Effective 7/1/10

Office Visits 

$5

$15

Emergency Room  

$25

$75

Mail Order Prescriptions

$10/$20/$35

$20/$40/$70

Harvard Pilgrim HMO

 

 

Pre 7/1/01

Effective 7/1/10

Office Visits  

$10

$15

Emergency Room

$50

$75

Prescriptions Retail 

 $5/$ 15

$10/$20

Mail Order Prescriptions

$5/$15/$35

$20/$40/$105

WHEREAS, the Division of Labor Relations has issued a complaint __________________________in this case.

WHEREAS, the undersigned parties wish to resolve any and all claims, filed or not, arising out of the implementation of the health insurance changes.

AND WHEREAS, by entering into this Agreement the parties each rely on the undertaking of the others, now therefore in consideration of the foregoing and of the mutual promises, representations and understandings of the parties set forth herein, the adequacy and sufficiency of which are hereby acknowledged, it is agreed:

1.      Bargaining Subjects: The Employer acknowledges and agrees that health insurance benefits, including the amount and structure of co-payments, are mandatory subjects of bargaining pursuant to G.L. c. 150E and, accordingly, that any changes in these benefits create bargaining rights and duties pursuant to that chapter.

2.      Obligation to Reimburse Employees: The Employer agrees to reimburse bargaining unit members for the difference between the co-payments effective July 1,2010 and the co-payments that were in effect pre-July 1, 2010, as set forth above.

Bargaining unit members who have incurred increased costs as set forth above for themselves or any person covered under their health care plan, may submit a request for reimbursement to the Town Treasurer, Norwell Town Hall. The request shall be submitted on a form provided by the Town. The request for reimbursement shall be accompanied by an original receipt, a canceled check to a provider or an account summary printout issued by the provider.

No later than forty-five (45) days following the submission of such a request, the Employer shall reimburse the employee for the difference between the increased costs associated with the changes and what the employee would have paid prior to July 1,

2010,   less a deductible (set forth in the chart below) equal to the employee share of the premium savings that occurred as a result of the increases in co-payments.

Amount of Deductible

Individual                             Family

BCBS Network Blue                                $ 81                                                 $223

HPHCHMO                                            $185                                                   $489

3.    Obligation to Continue Reimbursement to Employees: The Employer will continue to reimburse employees as forth in paragraph 2 above through and including December 31,

2011.   The deadline for submitting reimbursement forms shall be February 15, 2012.

4.    Flexible Spending Accounts: Effective January 1, 2012, the employer shall retain a third party administrator to administer a Section 125 Flexible Spending Accounts follows:

         Dependent Care Account (DECAP)

         Medical Care Account (MEDCAP)

The Employer shall pay the one-time set up costs to implement the program. The Employer shall pay any administrative fees for subscribers who opt into the program. The program shall include a voluntary debit card system. Employees may set aside funds up to the maximum amount permitted by the Internal Revenue Code. One half hour of the convocation in September of each school year shall be scheduled to allow the representative of the third party administrator the opportunity to explain the benefits of enrolling in Flexible Spending Accounts to the employees. While it is understood that the employer shall have the final decision on the selection of a third party administrator, the employer agrees to seek a proposal from Benefit Strategies, Manchester, NH.

5.    Unfair Labor Practice: Immediately following the execution of this Settlement Agreement by the parties, the Association will take the necessary steps to withdraw its charges of prohibited practice at the Division of Labor Relations (MUP 10-5942, MUP 10-5943, MUP 10-5944 and MUP 10-5945).

6.    This Side Letter of Agreement shall be appended to and made part of the collective bargaining agreements between the Norwell School Committee and the bargaining units ("teachers" and "secretaries and paraprofessionals") represented by the Association;

7.    Nothing herein shall detract from or diminish any rights the Association may have under its Collective Bargaining Agreements with the School Committee.

Name:_______________________________________   Date  ____________________________

For the Town

Name:_______________________________________   Date  ____________________________

For the School Committee

Name:_______________________________________   Date  ____________________________

For the Education Association of Norwell