Norwood

AGREEMENT

BETWEEN

NORWOOD SCHOOL COMMITTEE

AND

NORWOOD TEACHERS' ASSOCIATION

(UNIT A)

SEPTEMBER 1, 2011 - AUGUST 31, 2013

AGREEMENT BETWEEN

NORWOOD SCHOOL COMMITTEE

AND

NORWOOD TEACHERS' ASSOCIATION (UNIT A)

 

 

ARTICLE 1 - RECOGNITION TO THE PARTIES

Section 1.1 - Recognition

The Norwood School Committee (hereinafter referred to as the "School Committee" or "Committee") recognizes the Norwood Teachers' Association (hereinafter referred to as the "Association ") for purposes of collective bargaining under Massachusetts General Laws, Chapter 1S0E as the exclusive representative of all professional employees of the Norwood School System, including long-term assignees, but excluding individuals hired under federal or state grants, substitutes, Title 1 employees, hourly paid tutors, teachers aides, library aides, paraprofessionals, consultants, Unit B and Unit C members, the Superintendent of Schools (hereinafter referred to as the "Superintendent") and all other managerial and confidential employees as defined in §1 of Chapter 1S0E, and all other employees of the Norwood Public Schools.

Section 1.2-Definitions

1.2.1 - Long-Term Assignee

A long-term assignee shall be defined as a teacher who has been appointed by the Superintendent or Building Principal to fill a position for a period of forty-one (41) consecutive school days or more.

1.2.2-Teacher

Hereinafter, the term "teacher" shall signify any employee covered by this Agreement.

1.2.3-Board

Hereinafter, the term "Board" shall refer to the Board of Education.

1.2.4 — Commissioner

Hereinafter, the term "Commissioner" shall refer to the Commissioner of the Department of Education.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 2.1 - Legal Rights

In recognition of the fact that the Committee, the Superintendent and the Building Principals have responsibility and authority to manage and direct, on behalf of the public, all the operations and activities of the school system to the full extent authorized by law, the Committee and the Association agree that the Committee, the Superintendent and the Building Principals shall retain and reserve all their statutory rights, authority, and obligations, including all of their statutory rights, authority and obligations under the Education Reform Act of 1993, in the administration of the School Department and the direction of its employees.

All the functions, rights and powers and authority which the Committee now has, as provided by the Massachusetts Constitution, the General Laws of Massachusetts, including the Education Reform Act of 1993, decisions of the Supreme Judicial Court of Massachusetts, Laws of the United States, or any statute or ordinance, or may be granted or have conferred upon it, including all the customary and usual rights, powers, functions and power of an employer, including the right to establish positions, which it has not specifically delegated or modified by express language in a specific provision of this Agreement are recognized by the Association to be retained exclusively by the Committee.

Section 2.2 - Other Rights

The Committee shall retain all of the rights which it now has either by law, custom, practice, usage, or precedent to operate and manage the School Department, to determine the methods and means by which the operations of the said department and the school system are to be carried on, to direct the members and staff of the School Department, and to conduct the operations of said department in any manner which, in the opinion of the Committee, is in the best interests of the inhabitants of the Town of Norwood, except as may be specifically modified by this Agreement or any amendment or extension thereof.

ARTICLE 3 - SCOPE OF AGREEMENT Section 3.1 - Understandings

This Agreement incorporated the entire understanding of the parties on all issues which were, or could have been, the subject of negotiations. During the term of the Agreement neither party shall be required to negotiate with respect to any such matter 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 they negotiated or signed this Agreement. All matters not dealt with herein shall be treated as having been brought up and either resolved or withdrawn.

Section 3.2 - Labor Relations

The parties are agreed that the labor relations between them shall be governed by the terms of this Agreement only. No change or modification of this Agreement shall be binding on either the Association or the Committee unless reduced to writing as executed by the respective duly authorized representatives.

Section 3.3 - Impact on Conflicts

As to all matters covered by this Agreement, the express provisions hereof shall control in any case where a conflict may exist between such express provision and any policy, practice, procedure, custom or writing not incorporated in this Agreement.

Section 3.4 - Impact of Legal Actions

In the event that any federal or state law or court of competent jurisdiction invalidates any section of this Agreement, the remainder of the Agreement shall remain in full force and effect.

ARTICLE 4 - AGREEMENT IMPLEMENTATION Section 4.1 - Effective Dates

The terms of this Agreement shall become effective on September 1, 2011 and shall continue in full force and effect until August 31, 2013.

Section 4.2 - Modifications

The terms of this Agreement may be renegotiated at any time after September 1, 2011, but modifications and/or new agreements shall not become effective until September 1, 2013.

Section 4.3 - Ratification and Funding

This Agreement shall be subject to ratification by the Committee and the Association membership. It is further understood that this Agreement is subject to funding by Town Meeting.

Section 4.4 - Successor Agreement

The Committee agrees to enter into negotiations with the Association for a successor Agreement to become effective September 1, 2013, not later than November 1, 2012.

4.4.1 - Unresolved Grievances

During such negotiations, the parties agree to review all outstanding grievances with the goal of resolving them through the bargaining process. In the event a successor Agreement is reached without resolving the grievance(s), such grievance(s) shall proceed through the grievance procedure as set forth in this Agreement.

ARTICLE 5 - TEACHER APPOINTMENT AND ASSIGNMENT Section 5.l - Letter of Appointment

Upon appointment to the Norwood Public Schools, a teacher shall be given a formal letter of appointment stating the terms and conditions of the appointment, including the remuneration, the method of payment and the course(s) and/or grade level which the teacher shall be assigned. Said letter shall state the terms and conditions of employment are those set forth in the collective bargaining agreement currently in effect with the Association and the established policies of the Committee.

5.1.1 -Changes

The Superintendent and/or Building Principal reserve(s) the right in the case of unforeseen circumstances to make another assignment, in which case the teacher shall be informed immediately in writing.

Section 5.2 - Pay and Benefit Statement

A statement shall accompany the teacher's second check in September indicating the teacher's total number of sick days, basic salary for the year, and as far as is practicable, all remuneration for extra duty assignments that the teacher shall be performing during the school year.

Section 5.3 - Assignment

The teacher shall not be assigned, either at the time of initial employment or at any subsequent time, to a course outside the scope of his/her teaching certificate and/or his/her major or minor fields of study.

5.3.1 - Tentative Schedule

Each teacher shall be given a copy of his/her tentative schedule before leaving school in June. Any teacher whose schedule on August 20 ' is changed from the tentative schedule shall be given written notice of the change by August 20th.

ARTICLE 6 - PLACEMENT ON SALARY SCHEDULE

Section 6.1 - Column Determination

6.1.1 - New or Former Teachers

When new teachers are hired or former teachers are rehired, their appropriate step placement shall be at the discretion of the Superintendent and/or Building Principal. This does not apply to teachers who are called back during their two (2) year recall period following a reduction in force situation. Teachers appointed to a permanent position after a long-term assignment of at least one (1) full year in a similar position in Norwood shall be given full credit for service time rendered in the long-term assignment for purposes of salary placement and retirement.

Section 6.2 - Column Transfer

Column transfers shall be allowed only for those credits earned subsequent to the attainment of a degree, and for only those credits which in the opinion of the Superintendent enhance teaching performance.

ARTICLE 7 - WORKING CONDITIONS

Section 7.1-Work Year

Effective September 1, 2006 one (1) day shall be added to the work year for a total of one hundred and eighty-three (183) days. Effective' September 1, 2007 one (1) day shall be added to the work year for a total of one hundred and eighty-four (184) days. The school year may start before Labor Day if it falls on September 5th , 6th or 7th and after Labor Day if it falls on September 1st, 2nd, 3^rd or 4th

Section 7.2 - Work Day

The workday is considered to be any day that the teacher is required to attend school with or without pupils in attendance, not including holidays. Effective September 1, 200S, all teachers' work day shall begin fifteen (I5) minutes before the student day is scheduled to begin and, on Monday through Thursday, end twenty (20) minutes after students are dismissed. On Fridays, and on the day before any holiday, the teachers' work day shall end ten (10) minutes after students are dismissed.  Full-day kindergarten teachers will work the same amount of hours as elementary teachers.

7.2.1        —Building/Department Staff Meetings

Effective September 1, 200S, teachers shall be required to attend a building/department meeting for up to an additional forty-five (4S) minutes per month. This shall be in addition to the teachers' work day as defined in Section 7.2 above.

7.2.2        — Evening Meetings

Effective September 1, 200S, teachers will be required to attend three (3) evening meetings per year as follows: one (1) Back to School Night/Open House, etc. and two (2) Parent Conferences.

7.2.3        — Counselors and Librarians Flexible Scheduling

Flexible scheduling may be implemented for counselors and librarians. It will be voluntary for current employees and may be a condition of employment for new hires.

Section 7.3 - Fulfillment

A teacher's obligation for the year is fulfilled when he/she has fully complied with the checkout procedure prescribed by the Building Principal of the school.

Section 7.4 - Additional Days

Teachers may, at their own option, assent to a request of the school administration to serve more than the maximum number of work days required in a particular school year. This does not include summer school programs, evening school programs, or summer workshops.

Section 7.5 - Class Size Guidelines

The Committee agrees to adhere, wherever possible, to class size guidelines as established and directed by the State Department of Education.

Section 7.6 - Department Head Teaching Load

All Department Head and Department Chair teaching schedules shall be determined annually and on an individual basis by Administration. Criteria for determining individual Department Head/Department Chair schedules shall include discipline areas, workload, staff supervision and program development.

7.6.1         - Senior High School

7.6.1.1         - Five (5) or More Teachers

Senior High School Department Heads with five (5) or more teachers shall not be given homeroom or supervisory assignments and shall have a teaching load of no more than fifteen (I5) class periods per week, plus related laboratories.

7.6.1.2         - Two (2) to Four (4) Teachers

Senior High Department Heads with two (2) to four (4) teachers shall not be given homeroom or supervisory assignments and shall teach no more man twenty (20) class periods per week, plus related laboratories.

7.6.2         - Middle School Department Head

Middle School Department Heads shall not be given homeroom or study hall assignments and shall have a teaching load of no more than twenty (20) class periods per week, plus related laboratories.

7.6.3         - Department Chair

Department Chairs assigned to one (1) building shall teach no more than .6 FTE.  Department Chairs assigned to more than one (1) building shall teach no more than .4 FTE.

Section 7.7 - Non-Teaching Duties

Duties described as non-instructional in nature shall be minimal. In no instance are preparation periods intended as free periods.

7.7.1 - Association President

The President of the Association shall be exempt from all non-instructional duties which shall be assumed by other teachers in his/her building.

Section 7.8 - Leaving Building

If a teacher is required to leave the building during normal school hours, he/she shall follow necessary administrative procedures, including signing out at the Building Principal's office and indicating his/her destination and anticipated time of return.

Section 7.9 - Lunch Period

The Committee agrees to guarantee a duty free period of at least thirty (30) minutes each day to all teaching personnel, except for any teacher who by his/her own volition agrees to supervise noon lunch programs, for which he/she shall receive Pay-

Section  7.10 - Teacher Facilities

The Committee agrees to provide suitable facilities for all teachers at all schools.

Section 7.11 - Duty Free Preparation Period

When scheduling teachers, the administration shall make every effort to ensure an equitable number of teaching periods. All classroom teachers shall be provided with a duty-free preparation period of at least thirty (30) minutes each day. Teachers who teach in multiple buildings will have no more than one (1) duty per day on travel days.

Section 7.12 - Dress

A teacher shall exercise good judgment in mode of dress. Teachers shall dress in a style consistent with their professional status.

Section 7.13 — Mentoring

The Mentoring Program in the Norwood Public Schools will involve mentors who are trained to assist new teachers (Mentees) in becoming familiar with their responsibilities and position.

7.13.1    - Application for Mentor

Mentors will be selected from a pool of volunteers only and the appointment as a Mentor will be for up to one (1) year. At the end of the school year, the appointment will automatically end unless the Superintendent, the Principal and the Mentor agree to continue the program for the following year.

7.13.2    — Duties and Responsibilities

The duties and responsibilities of a Mentor/teacher are set forth in the job description. In addition to the functions outlined in the job description, Mentors will be required to attend a training seminar during the summer. During the school year, the mentor shall be provided two (2) release days for duties related to mentoring. Any additional time for mentoring functions will be subject to the approval of the appropriate Building Principal and/or Director.

7.13.3-Mentor Rights

Any evaluation of the Mentor's participation and duties in this Program shall not be a part of the teacher's personnel file, but may only be utilized in connection with the participants of this Program for analysis of its effectiveness. Any written documentation between the Mentor and Mentee will remain confidential between the parties.

7.13.4 - Mentor Stipend

Mentors will be paid a stipend of Five Hundred and 00/100 ($500.00) Dollars for the first Mentee and Three Hundred and 00/100 ($300.00) for the second Mentee.

Section 7.14 — Notice of Early Resignation

Teachers who plan to resign from the employ of the Norwood Public Schools before the end of the school year must give at least sixty (60) calendar days' notice to their Building Principal. The Superintendent has the discretion to reduce the number of days notice required where circumstances warrant.

Section 7.I5 — Substitute/Replacement Coverage

The Committee shall attempt to provide a substitute/replacement teacher whenever a classroom/specialist teacher is absent.

Section 7.16 — December Early Release Day

Effective July 1, 2012, the last day of school before the December recess shall be a half day for students and teachers. The half day shall end at the same time as half days for professional development.

ARTICLE 8 - EVALUATION

Section 8.1 - Teacher Performance Standards

Teachers will be evaluated using the Norwood Public Schools Performance Evaluation of Teachers adopted June 21, 2010 and referenced in Appendix 5 attached hereto.

Section 8.2 - Frequency

Teachers with professional teacher status shall be evaluated no less then every two (2) years. Teachers without professional teacher status shall be evaluated no less than twice (2x) per year. Teachers without Professional Status will have their first observation, checklist and comments completed by December 1st'. The second observation, checklist and comments will be completed by March 31st. For Teachers with Professional Status, the observation, checklist and comments, as well as the evaluation checklist and comments, will be completed by April vacation,

The Teacher Summative Evaluation (Form D for Teachers Without Professional Status) will be completed by May 1st  and, for Teachers with Professional Status (also Form D), it will be completed by May 31st.

These deadlines may be extended by mutual written agreement of the evaluator and the teacher being evaluated.

Section 8.3 - Method

All monitoring or observation of the classroom performance of a teacher shall be conducted openly and with the full knowledge of the teacher.

Section 8.4 - Complaints

Written complaints regarding a teacher from parents, students, or other persons shall be promptly called to the attention of the teacher.

8.4.1       - Evaluation Folder

No decision to include the complaints in the teacher's evaluation folder shall be made without a discussion with the teacher.

8.4.2       - Retaliation

No teacher shall engage in a retaliatory action against a student because a complaint has been registered with the Administration and made known to the teacher.

Section 8.S - File Review

The teacher shall have the right, on written request, to a review of the contents of his/her personnel file not later than the end of the school day following the school day during which a request to inspect such material is filed.

Section 8.6 —Joint Study Committee

The evaluation instrument for teachers will be reviewed by a joint Sub-Committee, with work to be completed by March 16,2012.

ARTICLE 9 - GRIEVANCE PROCEDURE

Section 9.1 - Purpose

The purpose of this section is to establish procedures and to produce prompt and equitable solutions to those problems which may from time-to-time arise and affect the conditions of employment. The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved.

Section 9.2 - Exclusions

Notwithstanding any contrary provision in this Agreement, the following shall not be subject to the grievance-arbitration provisions of this Agreement.

(A)   Any incident which occurred, or failed to occur, while no Agreement is in existence.

(B)   Any matter which has not been presented timely according to the time limitations set forth herein.

(C)   Any matter which is outside the scope of the terms of this Agreement.

Section 9.3 - Definitions

9.3.1        —Grievance

A "grievance" is defined as a question, problem, or disagreement which arises concerning:

(a)    The interpretation or application of any provision of this Agreement with respect to the wages, hours or working conditions of an employee, or employees, covered by it; or

(b)    An alleged violation of any provision of this Agreement.

9.3.2        - Aggrieved Person

An "aggrieved person" is the person or persons making this claim.

9.3.3        - Party in Interest

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

9.3.4        - PR&R Committee

The PR&R Committee is the Association's Committee of Professional Rights and Responsibilities.

Section 9.4 - Rights

Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted without the intervention of the Association, provided that the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment and to state its views.

9.4.1       —Representation

The grievant and Association shall each have the right to be represented by a person, or persons, of his/her own choosing.

9.4.2       — Reprisals

No reprisals of any kind shall be taken by the Committee or by any member of the Administration against any party in interest, any faculty representative, any member of the PR&R Committee, or any  participant in the grievance procedure by reason of such participation.

Section 9.S - Documentation

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

Section 9.6 - Time Limits

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement in writing.

In the event that a grievance is filed on or after June 1st 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 shall 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.

Section 9.7 - Statement of Grievance

Each written statement of a grievance at Level Two and Level Three shall be signed by the grievant and shall include:

(A)   A statement of the facts or events on which the grievance is based, including the date of their occurrence; and

(B)   The explanation of which article or articles of the Agreement are violated.

Section 9.8 - Grievance Affecting a Group

9.8.1       - Level Two

If in the judgment of the PR&R Committee a grievance affects a group or class of teachers, the PR&R Committee may submit such grievance in writing to the Superintendent directly and the processing of such grievance shall be commenced at Level Two.

9.8.2       - Level Three

Provided that the Committee and the Association agree, by a written agreement signed by the Chairman of the Committee or his/her designee and the President of the Association or his/her designee, a grievance affecting a group or class of teachers may be commenced at Level Three.

Section 9.9 - Level One

A teacher with a grievance shall first discuss it with his/her Building Principal or immediate superior, either directly or through the Association's faculty representative, with the objective of resolving the matter informally.

Section 9.10 - Level Two

9.10.1      - PR&R Committee

If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within ten (10) school days after tire presentation of the grievance, he/she may file the grievance in writing with the Chairman of the Association's PR&R Committee within five (5) school days after the decision at Level One or fifteen (I5) school days after the grievance was presented, whichever is sooner. Within five (5) school days after receiving the written grievance, the Chairman of the PR&R Committee shall refer it to the Superintendent.

9.10.2      - Administration Representative

The Superintendent and/or his/her designee shall represent the Administration at this level of the grievance procedure. Within ten (10) school days after receipt of the written grievance by the Superintendent, the Superintendent and/or his/her designee shall meet with the aggrieved person and/or the Association in an effort to resolve the grievance.

9.10.3      - Waiver of Grievance

If a teacher does not file a grievance in writing with the Chairman of the PR&R Committee and the written grievance is not forwarded to the Superintendent within thirty (30) school days after the teacher knew, or should have known, of the act or condition on which the grievance is based, then the grievance shall be considered as waived. A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Level Four.

Section 9.11 - Level Three

If the aggrieved person and/or the Association is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered within ten (10) school days after he/she has first met with the Superintendent, he/she may file the grievance in writing with the Chairman of the PR&R Committee within five (5) school days after a decision by the Superintendent or fifteen (I5) school days after he/she first met with the Superintendent, whichever is sooner. 9.11.1 - Referral to School Committee

Within five (5) school days after receiving the written grievance, the Chairman of the PR&R Committee shall refer it to the School Committee. Within ten (10) school days after receiving the written grievance, a Sub-Committee of the School Committee (hereinafter referred to as the "Sub-Committee") shall meet with the aggrieved person and/or the Association for the purpose of resolving the grievance. The ultimate decision of the grievance at Level Three shall, however, be rendered by the full School Committee.

Section 9.12 - Level Four - Arbitration

If the aggrieved person and/or the Association is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after he/she has first met with the Sub-Committee, he/she may within five (5) school days after a decision by the School Committee, or fifteen (I5) school days after he/she has first met with the Sub-Committee, whichever is sooner, request in writing the Chairman of the PR&R Committee to submit his/her grievance to arbitration. If the PR&R Committee determines that the grievance is meritorious, and that submitting it to arbitration is in the best interest of the Association and the Norwood School System, it may submit the grievance to binding arbitration within fifteen (15) school days after the receipt of a request by the aggrieved person and/or the Association.

9.12.1     - Selection of Arbitrator

Within ten (10) school days after such written notice of submission to arbitration, the Sub-Committee and the PR&R Committee shall agree upon a mutually acceptable arbitrator and shall 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 or arbitrators may be made to the American Arbitration Association in the selection of an arbitrator within twenty (20) school days.

9.12.2     — Hearings

The arbitrator so selected shall confer with the Sub-Committee and the PR&R Committee, shall hold hearings promptly, and shall issue his/her decision not later than twenty (20) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to the arbitrator. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning and conclusions on issues submitted. The arbitrator shall be without power or authority to make any decisions that require the commission of an act prohibited by law or which violates the terms of this Agreement.

9.12.3     — Arbitrator's Decision

The decision of the arbitrator shall be submitted to the Committee and the Association and shall be final and binding.

9.12.4     - Cost of Arbitration

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

ARTICLE 10 - REVIEW OF TEACHER DISCIPLINE

Review of decisions to dismiss, suspend or demote teachers shall be as set forth under the provisions of the Education Reform Act of 1993. Teachers without professional status shall otherwise be deemed employees at will.

ARTICLE 11 - VACANCIES

All vacancies in promotional positions caused by death,  retirement,  discharge,  resignation or by the creation of a new promotional position shall be filled according to the procedure listed below.

Section 11.1 - Posting

11.1.1 —Timing

Such vacancies shall be adequately publicized via an electronic e-mail posting to all staff from Central Administration and a notice in every school (by posting or otherwise). Internal postings shall be made simultaneously with external postings as far in advance as possible of the date of filling such vacancy; however, in no event, shall a vacancy be publicized less than two (2) weeks in advance of the date of filling the vacancy.

11.1.2-Summer Vacancy

During the summer (July and August) if such vacancy occurs, the staff shall be notified via the Superintendent's August mailing. If a summer vacancy occurs after the Superintendent's August mailing, notice shall be provided to staff members on the first day of school in September.

11.1.3-Content

The notice of vacancy shall clearly set forth a suggested list of qualifications for the position, the minimum duties and, when available, the anticipated salary range, the beginning date of employment, the work year and other pertinent information.

Section 11.2-Application

Teachers who desire to apply for such vacancies shall file their applications in writing with the Office of the Superintendent within the time specified in the notice.

Section 11.3 - Stipend Vacancies

When a coaching vacancy occurs, the position shall be posted in every school in a conspicuous manner so interested teachers have the opportunity to apply for the coaching position. All teachers who apply for coaching vacancies shall be interviewed.

ARTICLE 12 - REDUCTION IN FORCE

Section 12.1 - Reduction Defined

If the Committee in its discretion determines, pursuant to its legal power and responsibility, that a reduction in the number of teachers employed is necessary or that a particular type of teaching service should be discontinued or reduced to part-time, the Superintendent and/Building Principal first shall remove teachers who do not have professional teacher status if there is a teacher who has professional teacher status employed who is qualified and competent to fill the position according to his/her or her discipline.

12.1.1 - Professional Teacher Status

If a reduction in staff occurs involving teachers with professional teacher status, the most junior teacher or teachers within their discipline shall be laid off first.

Section 12.2 - Seniority

12.2.1     - Computation

Seniority within the Norwood School System shall be determined by a teacher's number of years of continuous employment beginning from the first day of his/her permanent appointment to a full year's teaching assignment.

12.2.2     - Seniority List

A list specifying the seniority of each member of the professional staff shall be prepared by the Committee and provided to the Association.  An updated Seniority List shall be supplied by the Committee annually thereafter.

12.2.3     - Part-Time Seniority

Regularly appointed part-time teachers shall accrue seniority on a pro-rata basis.

12.2.4     - Long-Term Substitute

Retroactive seniority credit shall be given for long-term substitute service, provided the long-term substitute service was for a minimum of one hundred and fifty (150) consecutive school days within the same school year, and immediately thereafter the teacher was appointed to a regular teaching position in the same discipline he/she taught as a long-term substitute so that the long-term substitute service and the regular service are uninterrupted.

12.2.5     - Within Category

12.2.5.1          - Excepting Guidance and Reading

All other teachers who have taught more than one discipline, excluding Guidance and Reading, in the Norwood System shall have seniority from the first date of their appointment to a full year's permanent assignment, but (for the purposes of RIF only) shall receive seniority in that discipline in which they have taught for the longest period of time.

12.2.5.2          - Guidance and Reading

For purposes of RIF, Guidance Counselors and Reading Specialists only, who previously taught within another discipline in the Norwood System, shall have seniority in both disciplines.   However, the seniority in Guidance or Reading shall be only the number of years actually within said discipline; whereas the seniority in the former discipline shall be the total number of years in the Norwood System.

12.2.5.2.1 - Academic Proviso

A Guidance Counselor or Reading Specialist who, through bumping, reverts to the former discipline in the first year back shall be required to take one (1) three (3) credit course, or the equivalent thereto, in said subject area each semester.  Said course must be approved by the Superintendent.

Section 12.3 - Disciplines

For the purpose of this Article, "discipline" shall be as follows:

(A)   Elementary:  Pre-K-6

(B)   Secondary

(1)     English

(2)     Science

(a)     Biology

(b)     Chemistry

(c)     Physics

(d)     General Science

(e)     Earth Science

(f)      Present assignment and/or area of certification if that subject was previously taught in Norwood

(3)    Mathematics

(4)    Social Studies

(5)    Foreign Language

(a)     Major subject area

(b)     Present assignment and/or area of certification if that subject was previously taught in Norwood

(6)   Technology Education/Engineering

(C)  Pre-K-12

(1)    Music

(2)    Guidance

(3)    Reading

(4)    SPED (Special Education)

(5)    Library Science

(6)    Health and Physical Education

(7)    Art

(8)    ELL

(9)  Technology (10)   Drama

12.3.1 — New Categories

No new categories shall appear on the seniority list unless both sides agree that they should be added.

Section 12.4 - Identical Seniority

In cases involving teachers who have identical seniority and discipline, the Superintendent, and/or Building Principal, shall take into consideration the qualifications of such employees for the position to be eliminated as well as the quality of past performance of such employees.

Section 12.5 - Administrator Fallback to Unit A

If a member of Unit B or a Building Principal in the Norwood Public Schools who formerly was a member of Unit A is relieved of his/her duties because of a reduction in staff or the abolishment of a position, he/she shall be offered a teaching position in a discipline he/she has previously taught in the Norwood Public Schools, with full seniority credit for length of service as an Administrator and as a teacher.

Section 12.6 - Substitute List

Teachers released under the provisions of this Article shall be given initial consideration on the substitute list if they inform the Superintendent in writing of their desire to be so employed.

Section 12.7 - Rehiring

12.7.1    - First Consideration

Teachers with professional teacher status whose employment is so terminated shall be given first consideration by the Superintendent, and/or Building Principal, for rehiring in subsequent openings within their discipline over a two (2) year period from the date of their termination if they inform the Superintendent in writing by April 1* of each year of their desire to be so informed.

12.7.2    - Part-Time Position

In the event a part-time position is open during the two (2) year rehire period in the discipline of a teacher laid off pursuant to this Article, said position shall be offered first to said laid off teachers. If said teacher(s) refuse a part-time position, he/she shall remain on the rehire list for future full and part-time positions during the rehire period.

Section 12.8 - Payment of Insurance Premiums

Teachers released under this section shall, at their option, retain membership in insurance programs offered by the Town by paying the full premiums for a period of up to two (2) years. Such payments shall be made in accordance with the Town's contracts with the insurance vendors.

ARTICLE 13 - LEAVES WITH REMUNERATION

Section 13.1 - Sick Leave 13.1.1 —Accumulation

Sick leave may be accumulated up to a maximum of one hundred ninety (190) days. Teachers who presently have accumulated more than one hundred ninety (190) days shall not accumulate further sick leave until that total drops below one hundred ninety (190) days.  This section shall have no bearing on sick leave buyback as described in Section

19.1.1 of this Agreement.

13.1.1— Entitlement

A teacher shall be credited with fifteen (15) sick leave days per school year, five (5) of which shall be granted at the beginning of the school year, and ten (10) of which shall be earned at the rate of one (1) day per month and credited on the last day of each school month.

13.1.3 -Additional Days

Beginning with the second contract year after the date of employment, fifteen (15) days shall be added to any unused accumulation according to the formula outlined in the preceding paragraph and such a process shall continue up to a maximum of one hundred and eighty-four (184) days.

13.1.4— Deductions

Sick leave deductions shall be made from the accumulation if payment has been made to the individual during his/her absence; otherwise no deduction shall be made from the individual's accumulation.

13.1.4.1                - Prior to Half-Way Point of School Day

In the event a teacher needs to leave school because of illness, a deduction of half (1/2) day will be taken from the accumulation if the teacher leaves prior to the half (1/2) way point of the school day.

13.1.4.2                - After Half-Way Point of School Day

In the event a teacher needs to leave school because of illness, no deduction will be taken from the accumulation if the teacher leaves after the half (1/2) way point of the school day.

13.1.5            - Changes in Law

In the event that the legislature enacts any change in the law which requires a change in the existing Sick Leave Policy set forth in the Agreement, the Agreement may be opened for the sole purpose of making such changes as are required by such law and for the purpose of proposing such changes as may have a direct relationship to the legally required changes.

13.1.6            - Suspected Abuse

The Superintendent, in cases of suspected abuse, may request a doctor's certificate prior to the granting of sick leave pay.

13.1.7            — Use of Accrued Days

Teachers may use up to five (5) of their accrued sick days towards the family portion of the Family and Medical Leave Act(FMLA).

Section 13.2 - Personal Leave

Personal leave is to be used to transact important matters that cannot be done at any other time (i.e., legal matters, etc.) 13.2.1 -Entitlement

A full time teacher shall be allowed a total of three (3) personal days' absence each academic year (September to June) (non-accumulating) without loss of pay. One (1) of the three (3) days may be taken in half-day (1/2) increments for up to two (2) half-day (1/2) personal days, subject to the limitations outlined in Subsection 13.2.3 below.

13.2.2-Notification

Notification of personal leave must be made at least seventy-two (72) hours before taking of such leave, except in case of emergency.

13.2.3            — Limitation

Personal days are not intended to be used to extend a holiday or vacation period. Requests for personal days before, or after, the Thanksgiving, December, February or April vacation periods or requests for half-day (1/2) personal days shall be submitted with a reason and be subject to the approval of the Superintendent. Teachers who request a personal day before, or after, a holiday (Labor Day, Columbus Day, Veterans' Day, Martin Luther King Day, Memorial Day) will not be required to give a reason.

13.2.4            — Deduction

Personal leave may be taken in full (1) day or half (1/2) day increments.

Section 13.3 — Perfect Attendance

Any teacher who uses no sick or personal days during a school year may buy back up to five (5) sick days at One Hundred and 00/100 ($100.00) Dollars per day at the end of each year. Days used for approved religious leave will not count as days used for the purpose of this Section. Any teacher requesting this buyback, must notify the Superintendent, or his/her designee, by June 1st.

Section 13.4 - Sabbatical Leave

13.4.1             -Eligibility

To be eligible for sabbatical leave, a teacher must have completed seven (7) consecutive years of service in the Norwood School System at the time the leave would become effective.

13.4.2             — Purpose

The leave must be for the purpose of attending a college or other course of study, travel, or other activities which shall, in the opinion of the Superintendent, increase the teacher's effectiveness in the classroom.

13.4.3    — Duration

The leave shall be for either one-half (1/2) year at full pay or for a full year at one-half (1/2) pay.

13.4.4    — Conditions

As a condition for granting such leave, the teacher shall enter into a written agreement to return to active service in the Norwood School System for a period of at least two (2) full schools years for a one (1) year sabbatical and one (1) full school year for a half (1/2) year sabbatical.

13.4.4.1 - Failure to Fulfill

A teacher who does not fulfill this agreement shall have agreed in writing to repay the Town the amount of salary received during the sabbatical leave.

13.4.5    — Restrictions

Not more than one (1%) percent of those eligible for sabbatical leave shall be eligible to go on sabbatical at any one time.  In unusual circumstances, the Committee may waive this requirement.

13.4.6    - Request Deferral

The Committee reserves the right, which shall not be exercised arbitrarily or unreasonably, to defer or postpone any requests for sabbatical leave where the granting of such leave would impose a burden upon the school system. For example, but without limitation, where several teachers teaching the same subjects would be on leave concurrently.

13.4.7    - Tenure and Salary

During the teacher's absence from the Norwood School System, his/her tenure and placement on the salary schedule would be unimpaired.

13.4.8    - Study Program Interruption

Should the program of study or research being pursued by the teacher on sabbatical leave be interrupted by serious accident or illness verified by the Superintendent, this unforeseen fact shall not be considered as a breach of the contractual agreement nor prejudice the teacher against receiving all rights and benefits provided for under the terms of the sabbatical leave policy, provided that the Superintendent was notified of such accident or illness by registered letter within fifteen (15) days of its occurrence.

13.4.9-Request

Requests for such leaves must be submitted in writing to the Superintendent by February 1st of the school year preceding the school year for which such leave is requested.

13.4.10 — Completion

Upon completion of such leave, the recipient shall submit a written report to the Superintendent containing the transcripts of university or college work completed during the leave and any reports essential to the evaluation of the program.

Section 13.5 - Marriage Leave

A teacher may have one (1) day off with pay, chargeable to sick leave, for his/her marriage or for the marriage of a member of the immediate family, which includes mother, father, brother, sister, child or any permanent resident of the same household.

Section 13.6 - Funeral Leave

Funeral Leave shall be granted up to five (5) days on account of the death or funeral of a parent, spouse or child; up to three (3) days for the death or funeral of a grandparent, spouse's grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandchild, or any permanent member of the same household as the teacher; and one (1) day for the death of an aunt, uncle, niece or nephew.

Section 13.7 - Religious Leave

Up to three (3) days' leave for recognized religious holidays may be taken by a teacher. The teacher shall have the option of whether the leave shall be without pay or deducted from accumulated sick leave or personal leave.

Section 13.8 - Court Appearance

A teacher required to be absent from school as a result of subpoenaed court appearance in connection with his/her employment shall not lose sick leave, personal days or salary as a result of this appearance.

Section 13.9 -Jury Leave

Teachers who are required to serve on a jury shall be paid the difference between their regular salary and whatever compensation they receive as jurors. Time spent on jury duty shall not be deducted from sick leave.

ARTICLE 14 - SICK LEAVE BANK Section 14.1 -Membership

A Sick Leave Bank (hereinafter referred to as "Bank') shall be established for any teacher in the Norwood Public Schools who wishes to join by voluntarily depositing one (1) sick day to the Bank. Teachers may apply for membership between September lst and October 1st.  A newly appointed teacher has thirty (30) school days from his/her appointment to apply.

Section 14.2 - Bank Administration

The Bank shall be administered by a Bank Committee consisting of five (5) members, two (2) designated by the Superintendent and three (3) designated by the Association,

Section 14.3 - Eligibility Criteria

The following criteria shall be used by the Bank Committee in administering the Bank and determining eligibility and amount of leave:

(A)   Adequate medical evidence of serious illness.

(B)   Prior utilization of all eligible sick leave and personal leave.

(C)   Length of service in the Norwood Public School System.

(D)   A period of three (3) school days must pass between the expiration of the individual's sick leave and the beginning of a Bank loan.

(E)  Membership in Units A. B or C.

Section 14.4 - Bank Depletion

If the Bank is exhausted, it shall be renewed by the contribution of one (1) additional day by each participating member of the Bank, unless his/her sick leave has been exhausted.

Section 14.5 - Bank Committee Decisions

The decisions of the Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to an appeal or grievance.

Section 14.6 - Operation

The Bank shall operate on a year-to-year basis. New members to the Bank may join by depositing a sick leave day. Unused Bank days shall accumulate from year-to-year to a maximum number equal to twice the number of Bank members in that year. The Bank Committee shall meet at the beginning of each year to determine if a sick day deposit shall be required of a continuing member.

Section 14.7 - Initial Grants

The initial grant shall not exceed fifteen (15) days. Additional days may be granted by the Bank Committee based on the need of the applicant.

Section 14.8 - Borrowing Allotments

Upon a majority vote of the Bank Committee:

14.8.1    - First Year Teacher

A first year teacher may borrow up to a maximum of fifteen (15) days.

14.8.2    - Second Year Teacher

A second year teacher may borrow up to a maximum of thirty (30) days.

14.8.3    - Third Year Teacher

A third year teacher may borrow up to a maximum of forty-five (45) days.

14.8.4    - Four Plus Years Teacher

A teacher with four (4) or more years in the system may borrow up to fifty (50) days for an illness. Such teachers may be granted additional time; however, more than fifty (50) days shall not be granted within any academic year unless by a four-fifths (4/5) vote of the Bank Committee.

ARTICLE 15 - LEAVES WITHOUT REMUNERATION

Section 15.1 - Leaves of Absence 15.1.1 -Eligibility

A leave of absence without remuneration may be granted to qualified personnel upon written application. In all instances, leaves of absence shall be dependent upon the recommendation of the Superintendent and the approval of the School Committee.

15.1.2-Grant

A leave of absence of one (1) year may be granted to any teacher who has served a minimum of three (3) years in the Norwood Public Schools.

15.1.3-Notification

If a full year leave of absence is requested, written notification should be filed with the Superintendent no later than June 1" prior to the school year said leave is expected to be taken.

15.1.4 — Reinstatement

Reinstatement to duty during the school year shall be at the discretion of the Superintendent, who may postpone the return of said teacher to a date no later than the beginning of the following school year.

15.1.S - Pay Deduction

Deduction of pay for leaves without remuneration shall be made from the check for the pay period following that during which the leave occurs.

15. 1.6 - Holding of Position

It is recognized that no specific position can be held open during a leave, but in all instances every effort shall be made to assign the teacher to a substantially equivalent position to the one held at the time the leave commenced.

15. 1.7 - Return Notification

Any teacher on leave, with the exception of maternity leave or sabbatical leave, must notify the Superintendent by March 1" of the school year he/she is on leave of his/her decision to return in September.

15.1.7.1 - Failure to Notify

Failure to comply with this provision shall be considered as a resignation from the Norwood School System.

15. 1.8 - Reasons For Grant

A leave of absence may be granted for the following reasons: study, travel, experiences that contribute to the professional growth of the teacher, or personal needs.

15. 1.9 - Leave For Illness

In case of illness, a leave of absence not to exceed one (1) year shall be granted upon certification from medical authorities that such leave is necessary.

15. 1.9.1 - Additional Leave

When illness necessitates, an additional leave of absence may be granted upon approval of the Committee.

15. 1.10 - Planned Program of Study

A leave of absence for study in a planned program, the completion of which would significantly increase file teacher's value to the school system, may be given by the Committee.

15. 1.11 - Emergency Leave

An emergency leave of absence of less than one (1) year may be granted to any teacher for emergency purposes or personal reasons. Should less than sixty (60) days be requested, the leave may be granted at the discretion of the Superintendent.

Section 15.2 - Maternity Leave

Maternity leave shall be granted to female employees subject to, and in conformity with, the requirements of Chapter 149, §10SD of the General Laws as referenced in Appendix A attached hereto. It is agreed that a maternity leave can be taken for the balance of the school year, no matter when the leave commences.

15.2.1 -Options

However, a teacher only has (2) options:

(A)   A leave of eight (8) calendar weeks or less; or

(B)   The remainder of the school year.

15.2.1.1 -Notification

Once a teacher chooses her option, she cannot change it.  Such notice is to be given at the end of six (6) weeks.

15.2.1.2 - Failure to Notify

In the absence of the two (2) week notification to the Superintendent, described in General Laws, the teacher shall be considered automatically to have resigned at the end of the eight (8) week maternity leave.

Section 15.3 - Adoption Leave

Teachers who request a leave for the purpose of adopting a child shall be granted said leave subject to the following conditions:

15.3.1 —Options

The teacher must choose either:

(A)   A leave of eight (8) calendar weeks or less; or

(B)   The remainder of the school year. 15.3.1.1 —Selection

Once a teacher chooses his/her option, he/she cannot change it.

15.3.1.2-Notification

The teacher must inform the Superintendent which option he/she is choosing no later than at the end of the first six (6) weeks of his/her adoption leave.

15.3.2-Pay

The teacher may use accumulated sick leave for the purpose of adoption leave for any work days during the eight (8) calendar weeks from the date of the adoption.

15.3.3 - Seniority Credit

The teacher shall accrue seniority credit for the first eight (8) weeks of her adoption leave regardless of which option she chooses.

Section 15.4 - Seniority Credit

Any teacher who takes an unpaid leave of absence after September 1, 1984 for greater than thirty (30) workdays shall receive no seniority credit for time spent on such leave(s) over a thirty (30) day work period. Such leave(s) shall not be construed as a break in service.

ARTICLE 16 - ASSOCIATION BUSINESS

The Committee shall permit the President of the Association and/or his/her designee to be absent with pay to conduct Association business, such absence not to exceed ten (10) days in aggregate in any school year.

Section 16.1 - Payment for Substitute Teachers

The Association shall compensate the School Department in full for substitute teachers hired to replace Association personnel so absent.

ARTICLE 17 - AGENCY FEE

Section 17.1 -Members of Association

Effective as of April 2, 1986, all persons who are members of the Association shall either remain members as to the payment of regular local, county, state and national dues or be subject to an agency service fee as a condition of employment pursuant to the provisions of this Agreement and G.L. Chapter 150E, §12.

Section 17.2 — "Grandfather" Proviso

Persons who were not members of the Association as of April 2, 1986 shall be "grandfathered" and shall not be subject to an agency service fee except as set forth below.

17.2.1    - Subsequent Association Membership

If a "grandfathered" member of the unit subsequently joins the Association, he/she shall remain either a member of the Association, or be subject to an agency service fee as a condition of employment pursuant to the provisions of this Agreement and to the provisions of G.L. Chapter 1S0E, §12.

17.2.2    - Rehire After Recall

A "grandfathered" member who is RIF'd and not recalled during the recall period, but is rehired after the recall period, shall be considered a new employee and subject to the agency service fee.

Section 17.3 - Hired After Ratification

Employees hired after April 2, 1986 shall be subject to an agency service fee as a condition of employment pursuant to the provisions of this Agreement and the provisions of G.L. Chapter 150E, §12 on, or after, the 30^lh day following the beginning of such employment.

Section 17.4 - Related Activities

All activities and business functions associated with the agency service fee shall not be done during school hours.

Section 17.5 - "Hold Harmless"

The Committee shall be held harmless for any grievance or litigation between the Association and the professional staff.

Section 17.6 - Failure to Pay Fee

No teacher can be suspended or terminated during the academic year for failure to pay dues or agency fee.

ARTICLE 18 - FINANCIAL ARRANGEMENTS Section 18.1 - Payment of Salaries

Salaries shall be paid every other week except in July and August.  Payments for these two (2) months shall be made in a lump sum as described below.

18.1.1     —Summer Checks

Option 1 - Checks will be paid in twenty-six equal installments to be paid bi-weekly beginning in September through August inclusive. Teachers who choose this option must be enrolled for payments via direct deposit. The deadline to notify the Business Office is the 2nd Friday in February. Teachers do not need to respond annually if no change.

Option 2-The teacher's salary will be paid in 1/26th installments paid on the same dates between September and June as in Option 1 above. Balances owed following the last payment in June will be paid before July 1st in a lump sum. There is no requirement for direct deposit for this option. The deadline to notify the Business Office is the 2nd  Friday in February. Teachers do not need to respond annually if no change.

18.1.2     - Salary Deductions

Deductions for health insurance, tax-sheltered annuities, credit union and court ordered child support shall be made in equal amounts from each paycheck. Deductions for dental insurance shall be made the first paycheck of each month and deductions for life insurance shall be made the second paycheck of each month.

18.1.3-Payment

In the event that the parties ratify and execute a new Collective Bargaining Agreement subsequent to the agreed upon date in Article 4.1, the School Committee will process for payment any retroactive monies no later than the third payroll period subsequent to the execution of this Agreement.

Section 18.2 - Health and Insurance Benefits

Hospital, medical, surgical and insurance benefits shall be provided under the authority granted by Chapter 32B of the General Laws, as adopted by the Town of Norwood.

18.2.1           - Insurance Premium Reduction Plan

The Norwood Public Schools agrees to offer the Town of Norwood's Insurance Premium Reduction Plan to the Association (Unit A) as long as there is no additional cost to the School Department.

18.2.2           - Health Insurance

The Town of Norwood agrees to set the premiums at the following contribution rates:

HMO Plans           Eighty (80%) percent Town and Twenty (20%) percent Employee

PPO Plans              Year 1:  Seventy-Five (75%) percent Town and Twenty-Five (25%>) percent Employee

Year 2:   Seventy-Seven and One-Half (77.5%) percent Town and Twenty-Two and One-Half (22.5%) percent Employee

Years 3-6:  Eighty (80%) percent Town and Twenty (20%) percent Employee

Indemnity Plans       Fifty-Five (55%) percent Town and Forty-Five (45%) percent Employee

Section 18.3 - Guidance Extra Days

Guidance Counselors at the secondary level, who are required to work beyond the minimum number of school days required for teachers, shall receive compensation in the amount of their respective salaries divided by the number of school days in the school year up to a maximum of ten (10) days per year, such days to be scheduled as needed by the Building Principal and approved by the Superintendent, or his/her designee.

Section 18.3.1 —Summer Guidance

The Superintendent has the authority to require that the High School counseling services be offered a full fifty-two (52) weeks, with the exception of Christmas, February and April vacation periods. The High School Guidance Counselor(s) who are required to provide these services during the months of July and August, as for such weeks as determined by the Superintendent beyond the current staffing by the Guidance Department, shall be compensated with a stipend as set form on the Salary Schedule pages. It is recognized that such stipend may be divided, in which case, such stipend shall be proportionate to the time worked.

Section 18.4 — Extra Duty Support Specialists — Printing and Computer

Support specialists will provide the School System with the necessary instruction/support activities related to printing and computer service operations needed to sustain teaching/student activities, as determined by the Superintendent, or his/her designee. These positions are subject to annual review and reappointment by the Superintendent, or his/her designee. Nothing in this section precludes the Superintendent from contracting for these services through outside vendors or other sources.

Section 18.5 - Coaching and Summer School Director Stipend Payments

18.5.1 - Season Checks

Coaching salaries shall be paid in two parts: one-half (1/2) at mid-season and one-half (1/2) at the conclusion of the season. Checks shall accompany those paid for the pay period within which the above dates occur. "Season" is defined as the period of interscholastic competition, exclusive of pre-season practice and post-season tournament play.

18.5.2-Final Check

Final checks shall be issued to the coaches by the Athletic Director upon receipt of all equipment and the completion of all other obligations.

18.5.3            — Summer School Director Check

The stipend for Summer School Director shall be paid in two (2) parts: one-half (1 /2) by June 1st and one-half (1/2) at the conclusion of Summer School.

Section 18.6 - Non-Coaching Stipend Payment

Except for coaches and support specialists, personnel eligible for extra duty pay shall receive forty (40%) percent of their remuneration before December 31st and sixty (60%) percent before the end of school in June.

18.6.1 — Support Specialists — Printing and Computer Checks

Stipends will be paid at twenty-five (25%) percent of their remuneration at the close of each school term as indicated in

Appendix 4 attached hereto.

Section 18.7 - Stipend Sharing

If more than one person divides a stipend, the remuneration shall be divided among those involved. This needs the approval of the Superintendent and/or Building Principal.

Section 18.8 - Attendance at Conferences

A teacher shall be reimbursed for reasonable costs incurred in connection with attending professional improvement conferences upon the approval of the teachers' supervisor and/or Building Principal. Such costs shall include items such as, but not limited to, registration, materials, travel expenses and lodging, if necessary.

Section 18.9 - Mileage Allowance

Use of private vehicle for school purposes shall be compensated at a rate determined on an annual basis. The rate shall be the then current IRS rate.

Section 18.10 - Tax Sheltered Annuities

Teachers shall be allowed to enroll in Tax Sheltered Annuities according to IRS Regulations.

Section 18.11 - MTA Payroll Deduction

The Committee agrees to provide for an MTA Credit Union payroll deduction.

Section 18.12 - Student Teacher Vouchers

18.12.1-Priority

Cooperating teachers shall have priority in the use of vouchers for graduate school customarily sent to the Norwood Public Schools for supervising student teachers.

18.12.2  - Secondary Level

If the cooperating teacher does not wish to accept the voucher, the Superintendent shall request the Department Chair/Department Head to make known the availability of the voucher to members of the same Department and so designate. If no one in the Department wishes to accept the voucher, it then becomes available to personnel in the given school and thereafter to anyone in the system who wishes to apply for it.

18.12.3  - Elementary Level

In the elementary schools, if the eligible cooperating teacher does not wish to use the voucher, it shall be made available to other members of the faculty in that school and thereafter to anyone in the system who wishes to apply for it.

ARTICLE 19 - RETIREMENT

Section 19.1 - Sick Leave Reimbursement

19.1.1    -Entitlement

Effective June 1,1996, a teacher upon retirement, after twenty (20) years in the Norwood Public Schools, shall be given reimbursement of eighty (80) days at One Hundred and 00/100 ($100.00) Dollars per day with a deductible of one hundred (100) days. The maximum buyback and dollar exposure would be Eight Thousand and 00/100 ($8,000.00) Dollars. The one hundred (100) day deductible may be waived by the Superintendent in cases of extenuating circumstances.

19.1.2    - Notice of Intent

Written notice to retire should be submitted to the Superintendent before February 1st of the year preceding the academic year (September-June) in which the retirement shall take place. This will allow for inclusion of the cost of the buyback, if any, in the School Department budget and insure payment during the teacher's final year of service. Notice of retirement is final, and a teacher selecting this provision must retire from the School System effective on the agreed upon date.

19.1.2.1 -Notice of Waiver

At the discretion of the Superintendent, the date of February 1st of the year preceding the academic year in which the retirement shall take place may be waived.

ARTICLE 20 - ACTIVITIES

Section 20.1 - General

The remuneration of certain classes for types of extra-curricular athletics set forth herein neither means the Committee shall continue these in existence, nor is it intended to preclude the payment of any other extra-curricular duties not specifically included herein.

20.1.1     - Existing Unpaid Positions

An advisor to an activity in existence prior to September 1, 1995 shall be paid a stipend in accordance with Section

20.1.2     (i.e., L.E.A.F., Art Honors Society, Companionship Club, etc.).

20.1.2-New Positions

In the case of creation of new positions, the Committee shall establish the initial salary which shall be included in the posting and which hours are subject to negotiation in successor Agreements.

20.1.3     - Annual Review

The appointment to duties and positions listed in these articles is subject to annual reappointment by the Superintendent and/or Building Principal.

Section 20.2 - Remuneration Eligibility

20.2.1    - Activity Eligibility

No activity is eligible for remuneration during its first year of operation.

20.2.2    - Additional Activities

Additional activities shall be remunerated only through negotiations.

Section 20.3 - Position Modifications

The Committee reserves the right to eliminate positions and limit hours.

20.3.1    - Changes in Assignment

Changes in assignment shall be made only through conference with the party or parties concerned.

20.3.2    - Prior Consideration

Persons now involved with activities shall receive prior consideration.

20.3.3    - Openings and Application

Openings shall be publicized to the staff.  Applications shall be accepted by the Building Principals at any time.

20.3.4    — Association Notification

The Association shall be notified when changes are to be made.

Section 20.4 - Teacher Responsibility

It is expected that a teacher, after signing an agreement to accept responsibility for a compensated activity, shall honor the agreement for the year involved. Special consideration shall be provided in any instance where circumstances bearing upon the situation warrant.

20.4.1 - Release From Activity

A teacher who seeks to be relieved of an activity for a new Agreement year should give advance notice no later than April 15th.

Section 20.S - New Clubs

The names of new clubs, which are planning to begin their first year of unpaid operation, shall be presented to the Committee for approval before February 1". This shall be the February prior to the fall in which the club plans to commence function,

20.5.1     -Approval of Clubs/Organizations/Activities

The Building Principal shall approve new and continuing clubs/organizations/activities on an annual basis. The number of clubs/organizations/activities approved shall be based on the amount budgeted for clubs/organizations/activities for the particular school.

20.5.2     - New Clubs/Organizations/Activities

The name of a proposed new club/organization/activity shall be presented by the Advisor to the Building Principal by February 1st  prior to the fall in which the club/organization/activity is planned to commence. Clubs/organizations/activities must have a minimum often (10) participating students to be approved.

20.5.3     - Continuation

Participation of clubs/organizations/activities shall be reviewed by the Building Principal at mid-year and the beginning of each subsequent school year. Clubs/organizations/activities not having at least ten (10) participants shall not be continued.

20.5.4     — Reimbursement

Each Advisor shall submit an initial report annually to the Building Principal establishing anticipated goals for the club/organization/activity for the school year. A final report must be completed by the Advisor and submitted to the Building Principal by June Ist before the final salary reimbursement is issued. If the reports are not made, the Advisor shall not be paid.

ARTICLE 21 - SALARY AND STIPEND SCHEDULES

Section 21.1 —Schedules

The salary schedule, as referenced in Appendix I attached hereto, will be increased as follows:

Effective on the 14th check of the 2011-2012 school year      One-Half (.5%) Percent to all steps and columns in Appendix I only

Effective September 1, 2012                                                          One   (1%)   Percent   to   all   steps   and   columns   in Appendix I only

Effective on the 14th check of the 2012-2013 school year      One-Half (.5%) Percent to all steps and columns in Appendix I only

The stipend schedules, as referenced in Appendices II, HI & IV attached hereto, will not be increased.

Section 21.2 — Longevity

Effective September 1, 2008, each teacher shall be granted an additional lump sum payment annually, on the second payroll of December, in accordance with the following schedule:

After 14 years of service to the Norwood Public Schools              $750.00

After 19 years of service to the Norwood Public Schools              $ 1,300.00

After 24 years of service to the Norwood Public Schools              $ 1,550.00

After 29 years of service to the Norwood Public Schools              $ 1,800.00

Section 21.3 — Enhanced Longevity

Employees, who have completed twenty (20) years of service in the Norwood Public Schools, may elect to receive enhanced longevity payments of Three Thousand and 00/100 ($3,000.00) Dollars without regard to how many sick days they have accrued. Employees who elect to receive enhanced longevity are no longer eligible to buyback any of their unused sick leave under Section 19.1.1 of this Agreement. Employees will be entitled to the maximum sum of Nine Thousand and 00/100 ($9,000.00) Dollars if they complete the three (3) year period. Employees who do not complete three (3) years in the plan will receive Three Thousand and 00/100 ($3,000.00) Dollars per year for each year they do complete.

A written application for enhanced longevity must be filed with administration within thirty (30) days of the ratification of this Agreement. Thereafter, all such written applications must be submitted no later than November 1" of the school year prior to the school year such enhanced longevity is to commence. Participation in the Enhanced Longevity Plan shall be limited to twenty-five (25) members per year. In the event that the number of applications for opting into the plan exceeds twenty-five (25), members with the greatest number of years of service in Norwood shall be selected. Applicants with the earliest date of hire will be selected over less senior applicants. Ties will be broken by lot.

ARTICLE 22 - COURSE REIMBURSEMENT

Section 22.1 - Approval

Teachers shall be reimbursed up to Six Hundred and 00/100 ($600.00) Dollars for graduate courses per contract year. Course selections must be approved by the Superintendent or his/her designee. In order for a course to be approved for reimbursement purposes, the teacher must be enrolled in a course of licensure or teaching assignment. The Superintendent reserves the right to approve courses that will benefit the teacher and/or the Norwood Public Schools.

Section 22.2 - Notification

In order to be eligible for course reimbursement, the teacher must notify the Superintendent of his/her intent to enroll for a course by September 15th, December 15th or June 15th prior to the beginning of the semester in which the teacher plans to take the course.

Section 22.3 - Reimbursement

In order to receive reimbursement for a course, the teacher must receive a final grade of B or better. No later than sixty (60) days after the completion of the course, the teacher shall submit documentation of successful course completion. No later than (30) days after submission of documentation, the Committee shall reimburse the teacher.

ARTICLE 23 -JOB SHARING

Section 23.1 - Definition

Job sharing shall mean the sharing of the performance of the duties and responsibilities of a full-time teaching position by two (2) part-time teachers. Each teacher shall participate equally in the performance of the duties and responsibilities of the position. To be eligible to participate in job sharing, each teacher must be licensed in the appropriate discipline.

Section 23.2 — Participation

The participation of teachers in job sharing shall be on a voluntary basis. No job sharing position shall be established without the annual approval of the Building Principal or Superintendent of Schools. Failure by the Building Principal and the Superintendent of Schools to approve a job sharing proposal shall not be grievable under this Agreement.

Section 23.3 — Application and Approval

In order for a shared position to be approved, the two (2) individuals must complete an application for such on a form developed by the Superintendent of Schools. Applications for job sharing shall be filed by the teachers with the Superintendent of Schools and the Association prior to March 1st of the school year preceding the proposed effective date of job sharing.  Teachers shall be informed of the disposition of their job sharing application by April 11st.

Section 23.4 — Working Conditions

The following working conditions shall apply to teaches participating in job sharing:

(A)   The regular workday for each teacher shall be one-half (1/2) of the regular workday for full-time teachers unless otherwise agreed upon by the Building Principal, Superintendent of Schools and School Committee.

(B)     Both teachers will be present on duty for the entire workday for the first week of school in September each year.

(C)   To the extent possible and reasonable, half-days, in-service times and Department and Faculty meetings shall be shared by the two (2) teachers reporting to each other concerning the content of the meetings. Both teachers are responsible for obtaining information regarding the content of any such meetings.

(D)   Both teachers will be present simultaneously for parent conferences.

(E)  The two (2) teachers who are job sharing will arrange regular times to confer to evaluate students and mark report cards and to discuss student progress and concerns in the classroom.

(F)   If one (1) of the participants is absent due to illness or other reason, the other teacher will cover for the absent teacher whenever possible, thereby eliminating the need for a substitute.

(G)  The preparation time provided for teachers in the Agreement shall be shared by each teacher.

(H) Each teacher will be paid the prorated amount of his/her appropriate full-time annual salary established pursuant to the terms of this Agreement, except when the teacher works a full day pursuant to the provisions of this Article.  On such days, the teacher will be paid his/her full daily rate of compensation.

Section 23.5 — Duration

Job sharing assignments shall be for a period of one (1) year and shall terminate at the end of each school year. Requests to maintain a job share arrangement must be renewed in writing by March 1" of each year. There is no guarantee that a renewal of a job sharing arrangement will be granted for the following year. Teaches shall be informed of the disposition of their request for renewal by April 11th.

Section 23.6-Transfer

No teacher shall be involuntarily transferred in order to create job sharing positions.

Section 23.7 — End of Assignment

When a job sharing position is terminated, the teachers will be reassigned to the same positions they left prior to job sharing, if available; or, if not available, to substantially equivalent positions.

Section 23.8 — Benefits

All the benefits provided in this Agreement between the Association and the Committee will be evenly shared unless otherwise specified in this provision.

(A)   Temporary leaves of absence shall be one-half (1/2) days.

(B)   Sick leave entitlement shall be the full number of days.

(C)   Seniority shall be pro-rated.

(D)   Years of service for purposes of longevity and salary step advancement shall not be pro-rated.

(E)  The cost of the benefit package shall not exceed full family benefits for one (1) full-time employee, except in extenuating circumstances.

IN WITNESS WHEREOF, the parties have hereunto signed and sealed this Agreement and duplicate thereof this 1^st day of February in the year 2012.

_________________________________________    _________________________________________

Paul Samargedlis          Chair                                                 Paul Betz    Negotiating Chairman

_________________________________________    _________________________________________

John M Badger,    Vice Chair                                                Joan M Smith President

_________________________________________    _________________________________________

John F. Gromley                                                                      Christopher Martin   PR & R

_________________________________________

Richard W Kief

_________________________________________

Courtney A. Rau

_________________________________________

Eleanor M Travers

APPENDIX A - MATERNITY LEAVE RIGHTS AND BENEFITS (Chapter 149, §105D)

APPENDIX I - TEACHER SALARY SCHEDULE

APPENDIX II - COACHING STIPENDS

APPENDIX III - CLUBS AND ORGANIZATIONS STIPENDS

APPENDIX IV - MISCELLANEOUS TEACHER STIPENDS

APPENDIX V - PERFORMANCE EVALUATION OF TEACHERS

APPENDIX A

MATERNITY LEAVE RIGHTS AND BENEFITS (Chapter 149, §105D)

A female employee who has completed the initial probationary period set by the terms of her employment or, if there is no such probationary period, has been employed by the same employer for at least three (3) consecutive months as full-time employee, who is absent from such employment for a period not exceeding eight (8) weeks for the purpose of giving birth, or for adopting a child under three (3) years of age (said period to be hereinafter called "maternity leave") and who shall give at least two (2) weeks notice to her employer of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar, position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. Said maternity leave may be with, or without, pay at the discretion of the employer.

Such employer shall not be required to restore an employee on maternity leave to her previous, or a similar, position if other employees of equal length of service credit and status in the same, or similar, position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave; provided, however, that such employee on maternity leave shall retain any preferential consideration for another position to which she may be entitled as of the date of her leave.

Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights of her employment incident to her employment position; provided, however, that such maternity leave shall not be included, when applicable, in the computation of such benefits, rights and advantages; and provided, further, that the employer need not provide for the cost of any benefits, plans or programs during the period of maternity leave unless such employer so provides for all employees on leave of absence. Nothing in this section shall be construed to affect any bargaining agreement or company policy which provides for greater, or additional, benefits than those required under this section.

A notice of this provision shall be posted in every establishment in which females are employed.

For the purposes of this section, an "employer" shall be defined as in Subsection 5 of §1 of Chapter 15 IB. Added by Statute 1972, Chapter 790, §1; Statute 1984, Chapter 423.

A 12 NTA

FY12

Effective September 1, 2011 (0%)

FY12

Effective March 8, 2012 0.5% (.005)

A 13 NTA

FY13

Effective September 1, 2012 1.0% (.01)

FY13

Effective March 7, 2013 .5 % (.005)

APPENDIX II COACHING STIPENDS

APPENDIX III

CLUBS AND ORGANIZATIONS STIPENDS

Approved for 2011-2012 and 2012-2013 school years only.  They will come out of Agreement 8/31/13, unless parties agree otherwise.

APPENDIX III CLUBS AND ORGANIZATIONS STIPENDS

APPENDIX IV MISCELLANEOUS TEACHER STIPENDS

Payment Based on No. of Staff in Dept.

Department Chairs - Grades 6-12

English Language Arts

Mathematics/Business /Computer

Science / Technology / Engineering

Social Studies

Foreign Language

Industrial Art/Technology Education

Art

PE/Health/Consumer Science/Home Economics

When calculating the stipend, the Department Chair will not be counted