Petersham

Show detailed information about district and contract

DistrictPetersham
Shared Contract District
Org Code2340000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency Union
Regional HS MembersRalph Mahar
Vocational HS MembersMontachusett RVTSD
CountyWorcester
ESE RegionPioneer Valley
Urban
Kind of Communitysmall rural communities
Number of Schools1
Enrollment107
Percent Low Income Students30
Grade StartPK or K
Grade End6
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                                                                   AGREEMENT

 

                                                                        between

 

                                                PETERSHAM SCHOOL COMMITTEE

 

                                                                           and

 

                                        PETERSHAM EDUCATIONAL ASSOCIATION

 

                                       MASSACHUSETTS TEACHERS ASSOCIATION

 

 

                                                       July 1, 2013  - June 30, 2016

 

 

                                                                     ARTICLE I

                                                                   CONTRACT

 

Pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, this contract is made this date __________________ between the School Committee of the Petersham Center School (hereinafter sometimes referred to as the Committee and the School respectively) and the Petersham Educational Association (hereinafter sometimes referred to as the Association).

 

                                                                     ARTICLE II

                                                                    PREAMBLE

 

In making this Contract, the parties to it affirm that it is their joint purpose to provide education of the highest possible quality to the children of Petersham and assert their recognition of the importance of harmonious relations between themselves in carrying out their responsibilities to the citizens of the town.  It is, moreover, their explicit intention that the responsibilities and authority of each of the parties to the Contract be understood by all.  They reaffirm their intention of working toward open consultation and the free exchange of views between professional staff, the Superintendent, and the Committee in the formation of and implementation of policies relating the wages, hours, and other conditions of employment.

 

                                                                    ARTICLE III

                                                        RECOGNITION CLAUSE

 

A.  The Petersham School Committee, hereinafter referred to as "the Committee", recognizes the Petersham Educational Association/Massachusetts Teachers Association/National Education Association, hereinafter referred to as "the Association", for the purposes of collective bargaining as the exclusive representative of a unit which consists of professional teaching employees, Counselor, and Librarian/Computer Technician who work twenty-one (21) or more hours per week, excluding the Principal,and nurse of the Petersham Public Schools.

 

B.  Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers".

 

                                                  

C.  Membership in the Association is not a condition of initial or continued employment in the Petersham Public Schools.  There shall be no discrimination, interference, restraint, or coercion by the Committee, the Association or their representative agents against any teacher because of membership or non-membership in the Association.

                                                    

                                                                    ARTICLE IV

                                                    NEGOTIATION PROCEDURE

 

A.  The Committee and the Association agree to enter into negotiations 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 employment for the successor agreement, all matters subject to negotiations will be bargained for during a period beginning the first Monday of November of the calendar year preceding the calendar year in which the current agreement expires providing either the Committee or the Association gives written notice of its intent prior to the first Monday of October of the calendar year preceding the calendar year in which the current agreement expires.

 

B.  Any agreement so negotiated will apply to all teachers and will be reduced in writing and signed by the Committee and the Association.  The contract resulting from these negotiations will be final and binding upon both parties for the period of the agreement.

 

C.  The Committee agrees not to negotiate during the term of the Agreement with any teachers organizations other than that designated as the exclusive bargaining agent pursuant to Chapter 150E of the General Laws of the Commonwealth.

 

D.  If the negotiations described in this Article have reached an impasse, the procedure described in Chapter 150E of the General Laws of the Commonwealth will be followed.

 

E.  If a successor agreement is not reached before the expiration of the current agreement, the existing agreement shall remain in effect until such time as a successor agreement is reached.

                                                   

 

F.  The Committee agrees to make available to the Association such school department records as filed with and are a part of the official minutes of the Committee or are otherwise public records.  Either party, may if it so desires, utilize the services of outside consultants upon prior notification to the other party.

                                                                    ARTICLE V

                                                      GRIEVANCE PROCEDURE

 

A.  The purpose of this Article is to provide an orderly method for the settlement of a dispute between the parties over the interpretation, application, or claimed violation of any of the provisions of this Agreement.  Such disputes shall be defined as a grievance under this Agreement and must be presented within ten (10) working days after the alleged violation arises or the employee had knowledge of the violation and be processed in accordance with the following steps time limits, and conditions herein set forth.  A working day will be defined as a week day exclusive of Saturdays, Sundays, holidays, and regular school year vacations.  The summer vacation period will not be excluded from the above working day exclusions.

 

LEVEL ONE:  The teacher shall first take up the grievance with the immediate supervisor, and the Association Representative shall be given an opportunity to be present at a time to be fixed by mutual agreement of the parties.

 

If the grievance is not settles, it shall, within five (5) working days thereafter, be set forth in writing, signed by the teacher, and given to the immediate supervisor, who shall, within five (5) working days after receipt thereof, give a written answer to the grievance to the Association and the Grievant.

 

LEVEL TWO:  If the grievance is not settled in LEVEL ONE, the Association and/or grievant may appeal it by giving a written notice of such appeal within five (5) working days after receipt of the immediate supervisor's written answer to the Superintendent of Schools, who shall discuss it with the Association Representative at a time to be fixed by the Superintendent of Schools subject to mutual agreement by the Association.

 

 

The Superintendent of Schools shall give a written answer to the grievance within seven (7) working days after the close of the discussion.

 

LEVEL THREE:  If the grievance is not settled in LEVEL TWO, the Association and/or grievant may appeal it by giving a written notice of such appeal, within five (5) working days after such receipt of the answer of the Superintendent of Schools to the School Committee, who shall discuss it with the Association Representative at a time to be fixed by the School Committee, subject to mutual agreement by the Association.  The School Committee shall give a written answer to the grievance within ten (10) working days after the close of discussion.

B.  The parties agree to each of the foregoing steps in the processing of the grievance; and if at any Level, the School Committee's representative fails to give a written answer within the time therein set forth, the Association may appeal the grievance to the next level at the expiration of such time limit.

C.  If the dispute or grievance is not settled in the foregoing steps and it involves the interpretation, application, or claimed

violation of any provision of this Agreement, then the Association may, upon written demand to the School Committee, within five (5) working days after receipt of the School Committee's answer to the grievance submit said dispute or grievance to binding arbitration as follows:

 

1.  Arbitration shall be invoked by filing a Demand for Arbitration with the American Arbitration Association, a copy of which shall be simultaneously provided to the Superintendent of Schools.  The arbitrator shall be selected in accordance with the procedures of the American Arbitration Association and will be under the rules of the American Arbitration Association and be bound by the provisions of the Grievance Procedure contained in this Article.

 

2.  The arbitration proceedings will be conducted under the rules of the American Arbitration Association.  The arbitrator shall not have the authority to add to, subtract from, modify, change, or alter any of the provisions of this Agreement.  The award shall be final and binding on the School Committee, the Association, and the Grievant.  Each party shall bear the expenses of its representatives and witnesses, and the fees and expenses of the Arbitrator shall be borne equally by the parties. The Arbitrator shall rule solely on the question or questions presented.

 

D.  The Committee acknowledges the right of the Association to participate in the processing of a grievance at any level.

 

E.  If in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievance directly to Level Two.

 

F.  No reprisals of any kind will be taken by either party because of participation in this Grievance Procedure.

 

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

 

H.  Violations of substantial compliance with the totality of the evaluation process shall be subject to the grievance and arbitration procedures.  The arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process.  When the evaluation process results in the termination or non-renewal of an Educator, then no financial remedy or reinstatement shall issue if there was substantial compliance.  The arbitrator shall have the authority to determine whether or not there was such substantial compliance; provided, however, the arbitrator shall not find that there was substantial compliance if any of the following has occurred:

 

1.  The Educator was not fully and fairly notified by the Evaluator of each deficit in his or her performance and/or the Educator was not given sufficient resources and time to improve as provided by the provisions of article X; and/or

 

2.  The violation in question affected the judgment of the evaluator; and or

 

3.  The District has not complied with the Educator Evaluation Regulations, 603 CMR 35.01, et seq, as amended from time to time.

 

                                                                    ARTICLE VI

                                        RESPONSIBILITIES OF THE COMMITTEE

 

Under the Law of Massachusetts, the Committee elected by the citizens of Petersham has final responsibility for establishing the educational policies of the public school of Petersham and it is recognized that the Committee has and will continue to retain,

whether exercised or not, the sole and unquestioned right,

responsibility and prerogative to direct the operation of the elementary school in all its aspects, unless specifically

designated within the provisions of this Agreement.  No action taken by the Committee with respect to its rights, responsibilities and prerogatives shall be subject to the grievance procedures of this Agreement.

 

                                                                   ARTICLE VII

                                                     DISCIPLINE OF TEACHERS

No Professional Status Teacher shall be disciplined, reprimanded, reduced in rank or compensation, or otherwise deprived of any professional advantage without good cause.

 

                                                                   ARTICLE VIII

                                       LENGTH OF THE SCHOOL YEAR AND DAY

M.  The employment year shall consist of 185 days; 180 pupil contact days, 2 days before the school year commences, 1 day after the school year, 1 parent-teacher/conference day and one other professional development day.  One day before the school year commences and the day after school will be teacher directed. In addition there will be one administratively controlled early release day per month which will be utilized for collaborative work, curriculum development, cogent cross curricular and/or cross grade level projects, etc. as well as one parent/teacher conference half days and a half day before Thanksgiving.  The parent/teacher conferences shall occur in the Fall as follows:  Thursday (half day) the conferences shall occur from 4 p.m. to 7 p.m. and Friday (full day) the conferences shall occur from 8a.m. to 3 p.m. During any parent/teacher conference dates, teachers may leave school immediately after their last scheduled/rescheduled conference each day.

 

B.  Each teacher shall report for duty fifteen (15) minutes prior to the start of the pupil's school day and remain at least  fifteen (15) minutes after the close of the pupil's school day.  Fifteen (15) minutes may be insufficient to meet with the principal, if requested to do so, to meet with parents if a conference is requested, or to give extra help to a student, if requested.  For such instances, the fifteen (15) minute limit does not apply.

 

C.  The beginning and ending of the school day will be 8:20 a.m. and 2:50 p.m. respectively for the life of this Agreement.  However, these times may be changed by the Committee to meet the needs of the school but any increase in the length of the school day will be negotiated with the Association.  Any increase in the length of the school day due to a change in statute shall supersede this Section.

 

D.  Each teacher will have a duty free lunch period of at least thirty (30) consecutive minutes.

 

E.  Any teacher required by the Committee to work beyond the normal 185 day employment year will be paid on a per diem basis. Per diem pay will be the teacher's annual salary divided by 185.

 

F.  Teachers will do recess, detention, and bus duty on a

rotating basis.  These duties will be distributed as equitably

as possible.  A five minute transition time between recess and lunch will be handled by non teaching staff. Once every five (5) weeks, the teacher will have a duty free week.

                                                                             

G.  The Association agrees that they will not cause, sanction, or take part in any strike, walkout, slowdown or work stoppage during school times.

 

 

H.  Personnel covered by this Agreement may be required to attend a maximum of two (2) in-service meetings per year which may extend the workday.

 

I.  Notice of staff meetings will be given to teachers as soon as possible, and under normal circumstances, at least one (1) week in advance.

 

 

J.  The teaching staff of the school has the general responsibility of applying its professional expertise and experience to provide education of the highest possible quality.

 

K.  Administratively, all teachers are responsible for implementing all rules and regulations concerning student conduct.

 

L.  The Committee agrees to provide for each teacher, in addition to a duty free lunch period, one forty-five (45) minute period four times per week; and whenever possible, a fifth forty-five (45) minute period each week.  These periods will occur when special subject teachers are assuming classroom responsibilities.

 

M.       Teachers will not be required to attend more than three (3) evening functions per year.  Open House will be considered one of the required evening functions. When teachers coordinate special evening programs such as art show, gym show, science fair, music concerts, etc., their attendance that evening shall be considered one of their three evenings on duty.

 

N. On the night of Open House, teachers may leave school immediately after student dismissal, provided teachers attend Open House.

                          

                                                                    ARTICLE IX

                                                                LEAVE POLICY

A.  Sick Leave

 

1.         A teacher shall be entitled to fifteen (15) days of sick leave per year as of the first school day of said school year.  Sick leave may be accumulated up to one hundred ninety (190) days.  Sick leave is non-transferable and non-compensable.

 

 

2.         Sick leave shall be used for the following reasons:

 

(a)         Illness of the teacher.  The Committee reserves the right to require satisfactory proof of the medical necessity if the teacher shows a suspicious pattern of sick leave abuse.  

(b)        Serious illness in the immediate family that

requires the attendance of the teacher when no                                                           other arrangements are possible. Immediate family                                                                                      consists of father, mother, wife, husband, son,                                                                                                                 daughter, sister, brother, grandparents, parents-

in-law, foster parents, and in some cases other                                                            persons who have fulfilled one of the above role

relationships.

(c)         Attendance at the funeral of other than members of the immediate family.

(d)        The Committee reserves the right to insist that teachers must take time off with sick leave pay under certain conditions.

(e)         At the beginning of each school year, each teacher shall receive a statement of the number of accumulated sick leave days as of the close of the previous school year.

B.  Other Leaves

1.         For death in the immediate family, as defined in Section A-2(b) of this Article, up to four (4) work days immediately following the death will be granted.  These days are not to be deducted from sick leave.  Additional days may be taken from accumulated sick leave with the approval of the Superintendent of Schools.

2.         Two (2) days leave of absence shall be granted for business, religious, personal, legal, household, or family matters which require absence during school hours.  Notice of intent to take this leave must be made on the form provided and delivered to the Superintendent at least three (3) days prior to taking such leave (except in the case of an emergency).

                               

 

It is not the intent of this policy that such leave be taken merely for personal convenience or as a matter of personal preference, but as a matter of pressing personal need.  Specifically excluded from absence leave with pay are absences caused by failure of transportation.  Normally leave for an extension of vacation will not be granted except under unusual circumstances and then only if approved by the Superintendent.

 

3.         A teacher absent for reasons other than specified will forfeit a day's pay (1/185) of the annual salary.

 

4.         Teachers will be allowed to accumulate personal days leave of absence up to five (5) days.  Once a teacher has accumulated five (5) personal days, any further unused personal days will be credited to the teacher’s accumulated sick leave.

                                                                             

C.  Maternity, Paternity Leave

 

1.         Paid Maternity leave shall be granted upon application

by an employee in accordance with regulations promulgated under MGL Ch. 151B, Section 3, P.5.

 

2.         Unpaid Maternity Leave shall be granted for a period not to exceed the remainder of one school year and the entire school year immediately following the one in which leave was initially granted.

 

3.         Teachers on leave described above may have the option of returning to work on the following school year provided the teacher so notifies such intent to the Committee by the preceding March 15.

 

4.         Teachers on an unpaid Maternity Leave of Absence shall accrue no benefits for such period but may remain a member of the medical insurance group provided the teacher pays the total premium costs.

 

5.         Unpaid Paternity Leave shall be granted consistent with provisions 2-4 above.

 

D.  Jury Duty

 

1.         A teacher will be entitled to time necessary for Jury Duty or appearances in any legal proceeding where the teacher is under court summons, subpoena, or the like connected with the teacher's employment or with the School System with full pay.

 

2.         In the case of Jury Duty, the teacher will be paid by the Employer for the first three days of Massachusetts

                        

            Jury Duty and will be paid, by the Employer, the difference between the teacher's salary and that amount paid the teacher as a juror for the remaining days.

 

E.        Unpaid Leaves of Absence

 

1.         The Committee may grant a leave of absence without pay of up to two (2) years to a teacher who joins the Peace Corps as a teacher or serves as an exchange teacher, and is a full time participant in either of such programs.  Any teacher who desires to take such leave shall apply to the Superintendent prior to April 15, and shall be notified of the Committee's decision within thirty (30) days of receipt of the application.  Upon return from such leave, a teacher will be considered as if the teacher had been actively employed by the Committee during the leave and will be placed on the salary schedule at the level the teacher would have achieved if not for the absence.

                                                                             

2.         The Committee shall grant military leave to a teacher who is called to active duty by executive order of the Governor of the Commonwealth of Massachusetts, the President of the United States of America, or a declaration of war by Congress.  Upon return from such leave, the teacher will be considered as if the teacher had been actively employed by the Committee during the leave and will be placed on the salary schedule at the level the teacher would have achieved if not for the absence.

 

3.         The Committee may grant a leave of absence without pay or increment for up to one year to a teacher for the purpose of caring for a sick member of the teacher's immediate family.

 

4.         All benefits to which a teacher was entitled at the time of the commencement of the leave of absence, including unused accumulated sick leave will be restored upon return.  The teacher will be assigned to a position equivalent to the position which the teacher held at the time said leave commenced.

 

                                                                             

 

                                                                    ARTICLE X

                                                       TEACHER EVALUATION

 

A.   The purpose of evaluation is to provide information for improving professional performance, and to identify teachers whose performance is unsatisfactory and non-responsive to demands for improvement.  Teacher evaluation is the ongoing process of defining goals and of identifying, gathering and using information as part of a process to improve professional performance.

 

 

B.  Refer to Appendix A for the Department of Elementary and Secondary Education approved Evaluation Language.

 

 

C.  The evaluation process shall be free of racial, sexual, religious and other discriminations and/or biases.

 

                                                                             

ARTICLE XI

PERSONNEL FILES

 

A.  A teacher will have the right, upon request, to review the contents of his/her personnel file.  The teacher will be entitled to have a representative of the Association present during such review.  The teacher, upon request, is entitled to a copy of any document in the personnel file, at the teacher's expense.

 

B.  No material derogatory to a teacher's conduct, service, character or personality will be placed in the teacher's personnel file unless substantiated by fact and unless the teacher has had an opportunity to review the material.  The teacher will acknowledge the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such signature in no way indicated agreement with the contents thereof.  The teacher will also have the right to submit a written response to such material, and the written response shall be reviewed by the Superintendent and attached to the file copy of such material.

 

ARTICLE XII

COMPLIANT LANGUAGE

 

A.  Any complaints regarding a teacher shall be made to the teacher, to the Principal and to the Superintendent in that order.  In the case of any complaint received by the Administration, the teacher will be promptly notified of the complaint, the source of the complaint and the written disposition of the complaint.

                                              

                                                                   ARTICLE XIII

                                      ASSIGNMENT, TRANSFER AND VACANCIES

 

A.  A teacher will be notified in writing of the grade assignment for the following school year by June 1, if possible.

 

B.  A teacher who desires a change in assignment shall file a written statement of such desire with the Principal prior to March 1 for the next school year.  The principal will review such requests and provide a written answer to the teacher by June 1.  All requests must be renewed annually.

 

C.  The following principles shall be applied to the reassignment or transfer of a teacher:

 

1.         A volunteer shall be given preference to the extent compatible with individual qualifications, instructional requirements, staff availability and recommendation of the Principal.

 

2.         When an involuntary transfer is necessary, quality of teaching performance and instructional requirements will be considered in determining which teacher will be transferred.

 

D.  Whenever any professional vacancy occurs, the Superintendent will notify the Association in writing prior to advertising the vacancy.  During the summer months when school is not in session,

notification will be sent to the President of the Association.  Any teacher interested in applying for said vacancy must notify the Principal or Superintendent, in writing, within forty-eight (48) hours.  The qualifications for the position, its duties, and the rate of compensation will be clearly set forth.

 

 

E.  The Committee agrees to give due weight to the professional background and attainments of all applicants and the length of service within the school system in filling such vacancies.

 

                                                                  ARTICLE XIV

                                                         REDUCTION IN FORCE

 

The Petersham School Committee retains the right to reduce the number of teachers on its staff based on considerations including reduced pupil enrollment, revision of curriculum, changes in educational philosophy, or fiscal constraints.

 

A.        In the event it should become necessary to reduce the number of Professional Status Teachers, the Committee will take into consideration the qualifications, experience, ability and length of service of the individual.

 

B.        Where possible, staff reductions will be accomplished through attrition.

 

C.        Non-Professional Status Teachers will be terminated prior to Professional Status Teachers in accordance with the General Laws of the Commonwealth of Massachusetts.

 

 

D.        Teachers who have been laid-off shall be entitled to recall rights for a period of two (2) years. During the recall period, teachers shall be notified by certified mail and be given preference for positions as they

develop and their contractual benefits shall be restored in full, upon re-employment in the recall period.

 

E.         A list specifying the seniority of each member of the bargaining unit shall be prepared by the Committee and forwarded to the President of the Association within thirty (30) calendar days following the execution of this Agreement.  An updated "Seniority List" shall be supplied by the Committee annually prior to October 1, thereafter.

 

F.         Claims for correction in the "Seniority List" must be made to the Committee and the Association within thirty (30) days after receipt of the "Seniority List" by the President of the Association and after such time, the Seniority List will be regarded as correct.

 

                                                                             

                                                                   ARTICLE XV

                                                 PROFESSIONAL CONFERENCES

 

A.  The Committee will provide up to two (2) days as part of the defined 185 day work year with the prior approval of the Principal or the Superintendent, for each teacher such that teachers may attend professional development conferences at no expense to the Committee.

 

B.  The Committee agrees to pay reasonable expenses incurred by a teacher who attends workshops, seminars, conferences, or other professional improvement sessions at the request of either the Superintendent or the Committee.

 

                                                                  ARTICLE XVI

                                                           SCHOOL CALENDAR

 

The school calendar will be submitted to the Association before approval by the School Committee.  Any suggestions made by the Association will be given preferential consideration.

 

                                                                  ARTICLE XVII

                      CURRICULUM DEVELOPMENT AND TEXTBOOK SELECTION

 

Teachers shall be involved in any curriculum development or textbook changes.  The Committee reserves the right and responsibility to make the final decisions concerning textbooks, other teaching materials, and curriculum.

 

                                                                 ARTICLE XVIII

                                                       ASSOCIATION MEETING

 

The Association will have the right to use the school building

without cost at reasonable times for staff and Association meetings.  The Principal of the building will be notified in advance of the time and the place of all such meetings.  Petersham Educational Association meetings may not be held during the school day for teachers.

 

 

 

                                                

                                                                  ARTICLE XIX

                                                        SUBSTITUTE TEACHERS

 

1.  The Committee agrees to provide a substitute in the event of a teacher's absence, whenever possible.

 

2.  Substitutes will be provided whenever a specialist is unable to meet with a class.  In any event that the classroom teacher is responsible for a specialist's class, he/she will receive compensation of twenty ($20.00) dollars.

 

3.  The Principal will nominate a Head Teacher to the School Committee at the start of each school year to serve for that year for a yearly stipend of $1000.00.

 

                                                                   ARTICLE XX

                                                    TUITION REIMBURSEMENT

 

Each full-time teacher shall be entitled to the cost of a three credit course at the rate charged by the University of Massachusetts at Amherst.  No more than one course will be reimbursed in a given fiscal year.  Such courses must be directly related to the teacher's assignment and must have administrative approval prior to the course being taken.  Transcripts must be provided indicating successful completion of the course.

 

                                                                  ARTICLE XXIa

                                                        SICK LEAVE BUY BACK

 

A.  The Committee agrees to pay to a teacher who is eligible for retirement under provisions of the Massachusetts Retirement Board and under Section C of this Article an amount equal to the teacher’s full pay per day for each of the teacher's accumulated sick days above 100, not to exceed a total of twenty-five (25) days.  Such payments, when added to the teacher's final paycheck, shall constitute full payment of the teacher's salary for that year.  A teacher planning to retire is required to send a written notice to the Superintendent on or before April 15th of the year of retirement.

 

B.  For the purpose of this Article, the per day pay rate shall be calculated by dividing the teacher's annual salary by the number of contract days as required by this Agreement for the final year of the teacher's employment.

                                                                             

C.  This Article shall apply to those teachers who have completed a minimum of twenty (20) years of teaching of which the last ten (10) years, consecutively, have been in the employment of the Committee and who have attained the age of fifty-five (55) at the date of retirement.

                                                                 ARTICLE XXIb

                                                             SICK LEAVE BANK

 

1.  Sick Leave Bank Committee.  There shall be established a joint six member Sick Leave Bank Committee to administer the provisions of this section.  The committee shall be composed of three employees appointed by the President of the Association and three persons appointed by the School Committee.  The Sick Leave Bank Committee shall act by majority vote of those members present and voting.

 

2.  Contributions to the Bank.

a.  Initial and Annual Contributions.  Each employee covered by this contract may become a member of the Sick Leave Bank by donating four (4) sick leave days to the bank within forty-five (45) days of the effective date of this contract or within forty-five (45) days of his/her employment by the Committee, whichever is later.  Thereafter, each year one (1) day will be added to the bank by each member of the bank, but the number of days in the bank cannot exceed five times the number of employees within the bank.  Any member of the Sick Leave Bank may withdraw from the bank for a subsequent school year by giving written notice to the Sick Leave Bank Committee by September 15th of the school year during which the employee no longer desires membership.

 

b.  Supplementary Contributions.  If at the end of any school year the number of sick leave days in the bank are depleted to one-half or less of the maximum number of days, one (1) additional day for the bank may be assessed each member.

 

If the sick leave days in the bank exceed three-fourths of the maximum number of days at the end of a school year, the members of the bank will not be required to make the annual one-day donation at the start of the following school year.

 

c.  Late Joining.  If an employee who once decided not to join the Sick Leave Bank decides to join in a subsequent year, the initial donation to the bank must equal the total number of days that would have been donated to the bank through the years had the employee joined initially.

                              

d.  Continuation of Membership.  No member of the Sick Leave Bank will be denied continuation or membership in the bank

if a long-term illness has caused the member's individual                                sick leave benefits to be exhausted, thus preventing     donations to the bank as required by Section 2.a of this           Article.

 

3.  Granting of Benefits.  A member of the Sick Leave Bank who exhausts his individual sick leave benefits may apply for benefits from the Sick Leave Bank.  Such benefits are intended

for long-term and catastrophic illnesses.  In assessing any application the Sick Leave Bank Committee shall consider the following criteria:

 

(a)  demonstrated need of the applicant;

(b)  prior sick leave usage;

(c)  relative needs of other applicants; and

(d)  supply of days in the bank.

 

The Committee's decision on all applications and other matters within its jurisdiction shall be final and therefore not subject to the grievance procedure.  Any employee whose application is rejected in whole, or in part, shall, upon request, be granted a meeting with the Sick Leave Bank Committee.

 

Each member of the Sick Leave Bank may receive up to twenty-five (25) days of sick leave from the bank per school year on approval of the Sick Leave Bank Committee.  Additional days of sick leave from the bank may be granted by a majority vote of the membership of the Sick Leave Bank.  If it is not feasible to receive this approval or vote prior to a member's absence, the School Committee may withhold the salary of the employee for the days in question until such time as a decision has been made.  If the Sick Leave Bank Committee approves, the days shall be deducted from the bank's total and the employee shall be paid his/her salary in full for the days in question.

 

4.  Miscellaneous.

a.  By November 1 of each school year, the Sick Leave Bank Committee will inform the Superintendent's Office, in writing, of the number of sick leave days donated by each member to the bank and the number of days accrued by the bank itself according to its records.  The Superintendent's Office will advise, in writing, the Sick Leave Bank Committee the number of sick days accumulated.

 

b.  No payment from the Sick Leave Bank shall be made except on a regular warrant approved by the School Committee.

                      

                                                                  ARTICLE XXII

                                                     LEGALITY OF PROVISIONS

 

If any provision of this Agreement is held to be contrary to law by an appropriate court of law, all other provisions of the         

Agreement will continue in full force and effect, and the Committee and the Association will meet for the sole purpose of amending the illegal provision to meet the requirements of the

law.  Any such amendments mutually agreed upon by the Committee and the Association will be reduced to writing and added to the Agreement as an addendum.

                                                                 ARTICLE XXIII

                                                        PAYROLL DEDUCTIONS

 

A.  The Committee agrees to deduct from the salaries of its employees dues for the Petersham Educational Association, Massachusetts Teachers Association, and the National Education Association or any one of such as said teachers individually and voluntarily authorize the Committee to deduct, and to transmit the monies promptly to such Association or Associations.  Teacher authorizations will be in writing on a form agreed upon by the Association and the Superintendent of Schools.

 

B.  The Committee agrees to deduct from the salaries of its employees payroll savings deductions to be transferred to the employee's account with the M.T.A. Credit Union.  This amount is to be designated by the employee and authorization for such deduction is to be made in writing to the Superintendent.  Any changes in such amounts are to be made in writing on an annual basis unless an emergency situation occurs.

 

C. The Committee agrees to deduct from the salaries of its employees payroll deductions for employee participation in a tax-sheltered annuity plan or its equivalent.  This amount is to be designated by the employee and authorization for such deduction is to be made in writing to the Superintendent.  Any changes in such amounts are to be made in writing on an annual basis unless an emergency situation occurs.

 

D. The Committee agrees to allow for direct deposit to the bank of the employee’s choice.

 

                                                                 ARTICLE XXIV

                                            INSURANCE AND INDEMNIFICATION

 

A.  For each employee, the Committee will pay 75% of the cost of the CMHC, or equivalent HMO of equal or lesser cost, health plan for the employees covered by this Agreement.  All health plan payments made by the employee will be considered to be made under a pre-tax Cafeteria Plan.     

 

B.  The Committee agrees to allow benefits for its employees under the Workmen's Compensation Act, as provided under S.34 of Chapter 152 of the General Laws of the Commonwealth.

 

C.  The Committee agrees to allow retired teachers who are receiving compensation under the Teachers Retirement System to purchase, at their own expense, insurance benefits as provided for employees under this Agreement.

 

D.  The Committee agrees to provide teachers who are on paid maternity leave the same insurance benefits as provided for employees under this Agreement.

 

                                                                  ARTICLE XXV

                                                                    DURATION

 

This contract shall be effective as of July 1, 2013 and shall continue in force until June 30, 2016.

                                                                             

                                                                 ARTICLE XXVI

                                                               ZIPPER CLAUSE

 

The parties acknowledge that during the negotiations that resulted in the Agreement, each party had the unlimited right and opportunity to make demands and proposals with respect to any bargaining, and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.  Therefore, the Committee and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to re-open negotiations on any subject or matter covered by this Agreement, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered by this Agreement, even though the subjects or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.  However, this will not preclude the parties from mutually agreeing to amend this Agreement at any time.

ARTICLE XXVII

                                                                        SALARY SCHEDULE

                                                                   July 1, 2013 - June 30, 2014

                                                                                   185 Days

 

Step   Bachelor  Bachelor +15  Masters   Masters +15                   Masters+30/CAGS

 

 1     $36159     $37348        $38530      $39421         $40309

 2      37598      38829                                  40065                        40956                          41846

 3      39094      40378                                  41658                        42550                          43441

 4      40650      41984                                  43320                        44210                          45102

 5      42270      43655                                  45048                        45937                          46826

 6      43955      45397                                  46840                        47731                          48622

 7      45705      47205                                  48702                        49595                          50486

 8      47524      49087                                  50647                        51538                          52429

 9      49420      51041                                  52665                        53554                          54445

10      52946      53851                                 54763                        55656                          56547

11      55596      56552                                 58509                        59400                          60291

12      58494      59447                                 61441                        62375                          63309

13                                                                 64775                        65732                          66690

 

ARTICLE XXVIII

                                                                        SALARY SCHEDULE

                                                                   July 1, 2014 - June 30, 2015

                                                                                   185 Days

 

Step   Bachelor  Bachelor +15  Masters   Masters +15                   Masters+30/CAGS

 

 1     $37153     $38375        $39590      $40505         $41417

 2      38632      39897                                  41167                        42082                          42997

 3      40169      41488                                  42804                        43720                          44636

 4      41768      43139                                  44511                        45426                          46342

 5      43432      44856                                  46287                        47200                          48114

 6      45164      46645                                  48128                        49044                          49959

 7      46962      48503                                  50041                        50959                          51874

 8      48831      50437                                  52040                        52955                          53871

 9      50779      52445                                  54113                        55027                          55942

10      54402      55332                                 56269                        57187                          58102

11      57125      58107                                 60118                        61034                          61949

12      60103      61082                                 63131                        64090                          65050

13                                                                 66556                        67540                          68524

 

 

WAGE Settlement:

 

Year #1:  2.75% applied to salary schedule

 

Year #2:  2.75% applied to salary schedule

 

Year #3:  Reopener for bargaining for:

                              a. Wages (the proposed salary reconfiguration will be

                                 considered to be part of the wage discussion).

                              b. Review of the new Evaluation Language

                              c. Any other item which is mutually agreed upon by the

                                 parties.

 

B. Longevity pay will be applied as follows, based on continuous years of service to the Petersham School System:

 

                              After 15 years of service                              -  $ 750.00

                              After 20 years of service                              -  $1000.00

                              After 25 years of service                              -  $1250.00

                              After 30 years of service                              -  $1500.00

 

C. Teachers attending Nature’s Classroom will receive five hundred ($500.00)per week in addition to their regular salary.

 

 

 

 

FOR THE PETERSHAM                      FOR THE PETERSHAM

SCHOOL COMMITTEE                       EDUCATIONAL ASSOCIATION

 

 

-------------------------------        ------------------------------------

 

-------------------------------        ------------------------------------

 

-------------------------------        ------------------------------------

 

DATE _______________                   DATE _______________

 

Petersham School Committee

And

Petersham Education Association

Massachusetts Model System for Educator Evaluation

Part IV: Model Collective Bargaining Contract Language

Appendix C. Teacher and Caseload Educator Contract

Language

January 2012

Massachusetts Department of Elementary and Secondary Education

75 Pleasant Street, Maiden, MA 02148-4906

Phone 781-338-3000 TTY: N.E.T. Relay 800-439-2370

www.doe.mass.edu

Corrections July 2012

P. C-17: Section 18 (Educator Plans: Directed Growth Plan) Sub-section C. Date of June 10th in January 2012 publication inaccurate; changed from June 10th to May 15th to match timelines elsewhere in document.

P. C-22: Section 22 (Rating Impact on Student Learning Growth). Release date of July 15th, 2012 for Model Contract Language for Rating Impact on Student Learning Growth is removed. ESE will publish Model Contract Language for this phase of the evaluation framework when guidance for rating impact is more fully developed through technical appendices.

P. C-23: Section 25 (Transition from Existing Evaluation System) Sub-section B. Language in January 2012 publication stating "Educators who have received ratings of unsatisfactory or its equivalent in the prior year will be placed on Self-Directed Growth or Improvement Plans at the sole discretion of the Superintendent" was inaccurate; language should have specified Directed Growth instead of Self-Directed Growth. ESE's intent is that any educator who has received a rating of unsatisfactory or its equivalent in the prior year should be on a Directed Growth or an Improvement Plan; the choice of plan should be determined at the discretion of the Superintendent.

Appendix C. Teacher and Caseload Educator Model Contract Language

Article __

Table of Contents

1.

Purpose of Educator Evaluation

2.

Definitions

3.

Evidence Used in Evaluation

4.

Rubric

5.

Evaluation Cycle: Training

6.

Evaluation Cycle:   Annual Orientation

7.

Evaluation Cycle:   Self-Assessment

8.

Evaluation Cycle:   Goal Setting and Educator Plan Development

9.

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

10.

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

11.

Observations

12.

Evaluation Cycle: Formative Assessment

13.

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

14.

Evaluation Cycle: Summative Evaluation

15.

Educator Plans: General

16.

Educator Plans: Developing Educator Plan

17.

Educator Plans: Self-Directed Growth Plan

18.

Educator Plans: Directed Growth Plan

19.

Educator Plans: Improvement Plan

20.

Timelines

21.

Career Advancement

22.

Rating Impact on Student Learning Growth

23.

Using Student feedback in Educator Evaluation

24.

Using Staff feedback in Educator Evaluation

25.

Transition from Existing Evaluation System

General Provisions

1.           Purpose of Educator Evaluation

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

B.          The regulatory purposes of evaluation are:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

H.          Model: Practice worthy of imitation.

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

J.          *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of at least 15 minutes by the Principal and may include examination of artifacts of practice including student work. Classroom or worksite observations conducted pursuant to this article must result in written feedback to the Educator. Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article. It is understood that an administrator's judgments regarding an Educator's practice pursuant to such supervisory responsibilities may not be used as evidence to support a Needs Improvement or Unsatisfactory rating unless there is feedback and discussion with the Educator provided in this agreement. The Petersham School Committee and the Petersham Education Association are parties to this agreement.

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

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

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

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

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

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

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

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

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

iii.           Standard 1: Curriculum, Planning and Assessment

iv.           Standard 2: Teaching All Students

v.            Standard 3: Family and Community Engagement

vi.           Standard 4: Professional Culture

vii.          Attainment of Professional Practice Goal(s)

viii.         Attainment of Student Learning Goal(s)

A.           Reopener: Refers to an article that is not active at this time (2012-2013 contract) and this article may be reopened or bargained in the appropriate timeframe. All reopener clauses are subject to ratification.

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

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

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

iii.           Elements: Defines the individual components under each indicator

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

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

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

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

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

3)          Evidence Used In Evaluation

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

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

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

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

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

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

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

i.   Unannounced observations of at least 15 minutes.

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

iii.   Examination of Educator work products.

iv. Examination of student work samples.

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

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

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

2.    Evidence of active outreach to and engagement with families;

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

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

iv.   Student and Staff Feedback - see # 23-24, below; and (Reopener clause)

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

b.    The Principal shall provide to his/her staff examples of evidence that would be deemed sufficient, in type and amount, to meet standards. If there should be a dispute that either the type or amount of evidence provided by an Educator is incorrect or insufficient, the Educator shall fist appeal this to his/her Principal for further discussion and review. If the Educator is not satisfied with the outcome of this meeting he/she may appeal this issue to the Superintendent or his/her designee for discussion and review.

4)          Rubric

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

5)          Evaluation Cycle: Training

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

B)           By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting. Any Educator hired after the November 1st date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE and feedback from the district. This learning activity should take place during the contractual work day.

6)       Evaluation Cycle: Annual Orientation

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

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

ii.           Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be accessed through the schools website prior to the beginning of the school year.

iii.         Provide the content of this meeting in digital format to facilitate orientation of Educators hired after the beginning of the school year. This does not replace the initial training required in #5 above (Evaluation Cycle: Training)

7)       Evaluation Cycle: Self-Assessment

A.          Completing the Self-Assessment

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

ii.           The self-assessment includes:

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

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

c.          Proposed goals to pursue:

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

2.          At least one goal directly related to improving student learning.

B.          Proposing the goals

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

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

iii.          Unless the-Principal indicates that an Educator in his/her second or third years

of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals,

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

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

3.          Evaluation Cycle: Goal Setting and Development of the Educator Plan

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

B.          To determine the goals to be included in the Educator Plan, the Principal reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Principal shares with the Educator.

The process for determining the Educator's impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter. See #22, below.

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

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

ii.            For those Educators new to the school, the meeting with the Principal to review regulatory and contractual requirements for evaluation, including goal setting and to develop the Educator Plan. This meeting must occur by October 1st or within six weeks of the start of their assignment in that school.

iii            All other Educators will meet with the Principal in teams and/or individually by October 15th to develop their Educator Plans.

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

4.          Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators without PTS

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

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

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

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

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

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

5.          Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators with PTS

A.          The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation during the evaluation cycle.

B.          The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations.

C.         The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Principal, but in no case, for improvement plans of one year, shall there be fewer than one announced and four unannounced observations. For Improvement Plans of six months or fewer, there must be no fewer than one announced and two unannounced observations.

The Principal's first observation of the Educator should take place by November 15. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date.

The Principal is not required nor expected to review all the indicators in a rubric during an observation. Barring any extenuating circumstances, observations will not occur on the day before or after a vacation period.

A.         Unannounced Observations

i.           Unannounced observations may be in the form of partial (at least 15 minutes) full-period classroom visitations,-Group Learning Walkthroughs, Instructional Rounds, and Learning Walks shall not be used for evaluative purposes as they are collaborative observation protocols designed to assess overall school culture.

ii.          The Principal shall signify that he/she is conducting an unannounced observation by making his/her presence known and entering the classroom with a prior agreed upon colored clipboard. No electronic devices: computers, phones, tablets, etc. shall be used.

iii.          The Educator will be provided with brief written feedback from the Principal within 3-5 school days of the observation. The written feedback shall be delivered to the Educator in person.

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

v.          The Educator may submit to the Principal a response to the written feedback.

B.        Announced Observations

i.           All non-PTS Educators in their first year in the school, PTS Educators on improvement Plans and other educators at the discretion of the Principal shall have at least one Announced Observation.

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

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

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

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

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

v.           The Principal will provide the Educator with written feedback delivered face-to-face to the Educator within 5 school days of the post-observation conference. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the feedback must:

1.           Describe the basis for the Principal's judgment.

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

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

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

vi.       The Educator may submit to the Principal a response to the written feedback.

vii.       Announced observations will be at least 15 minutes.

7.           Evaluation Cycle: Formative Assessment

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

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

C.          The Formative Assessment report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both

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

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

F.           The Principal shall complete the Formative Assessment report and provide a copy to the Educator. AH Formative Assessment reports must be signed by the Principal and delivered directly to the Educator.

G.          The Educator may reply in writing to the Formative Assessment report within 12 school days of receiving the report.

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

I.            As a result of the Formative Assessment Report, the Principal in collaboration with the

Educator may change the activities in the Educator Plan.

J.           If the rating in the Formative Assessment report differs in which there is evidence of a significant change in performance from the last summative rating the Educator received, the Principal may place the Educator on a different Educator Plan, appropriate to the new rating.

8.           Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

A.           Educators on two year Self-Directed Growth Educator Plans receive a Formative

Evaluation report near the end of the first year of the two year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Principal may place the Educator on a different Educator plan, appropriate to the new rating.

B.           The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

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

D.          Insert here

E.          The Principal shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Principal and delivered face-to-face to the Educator.

F.          Upon the request of either the Principal or the Educator, the Principal and the Educator will meet either before or after completion of the Formative Evaluation Report.

G.         The Educator may reply in writing to the Formative Evaluation report within 12 school days of receiving the report.

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

I.           As a result of the Formative Evaluation report, the Principal in collaboration with the Educator may change the activities in the Educator Plan.

J.          If the rating in the Formative Evaluation report differs from the last summative rating the Educator received in which there is evidence of significant change in performance, the Principal may place the Educator on a different Educator Plan, appropriate to the new rating.

9.          Evaluation Cycle: Summative Evaluation

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

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

C.          The professional judgment of the principal shall determine the overall summative rating that the Educator receives.

D.          For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the Superintendent shall discuss and review the rating with the Principal and Educator and the Superintendent shall confirm or revise the educator's rating.

E.           The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

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

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

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

I.            The Principal shall deliver a signed copy of the Summative Evaluation reported to the

Educator face-to-face no later than May 15th.

J.           The Principal shall meet with all Educators to discuss the Summative Evaluation Report.

This meeting shall occur by June 1st.

K.          Upon mutual agreement, the Educator and the Principal may develop the Self-Directed

Growth Plan for the following two years during the meeting on the Summative Evaluation report.

L.          The Educator shall sign the final Summative Evaluation report within 5 school days of receiving the report. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

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

N.        A copy of the signed final Summative Evaluation report shall be filed in the Educator's personnel file.

10.        Educator Plans - General

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

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

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

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

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

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

11.        Educator Plans: Developing Educator Plan

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

B.          The Educator shall be evaluated at least annually.

12.        Educator Plans: Self-Directed Growth Plan

A.          A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

B.          A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low. In this case, the Principal and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

13.        Educator Plans: Directed Growth Plan

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

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

C.         The Principal shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than May 15th.

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

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

14.        Educator Plans: Improvement Plan

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

B.          The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 30 school days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins, if mutually acceptable between the Principal and the Educator.

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

D.          For an Educator on an Improvement Plan the Principal is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan.

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

F.          The Improvement Plan process shall include:

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

ii.          The Educator may request that a representative of the Employee Organization/Association attend the meeting(s).

iii.          If the Educator consents, the Petersham Education Association will be informed that an Educator has been placed on an Improvement Plan.

G.         The Improvement Plan shall:

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

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

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

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

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

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

vii.         Include the signatures of the Educator and the Principal.

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

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

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

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

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

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

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

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

Activity:

Completed By:

The Principal meets with educators to explain evaluation process

September 15

The Principal meets with first-year educators to assist in self-assessment and goal setting process

Educator submits self-assessment and proposed goals

October 1

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

October 15

The Principal completes Educator Plans

November 1

The Principal should complete first observation of each Educator

November 15

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

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

January 15

The Principal should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

February 1

The Principal holds Formative Assessment Meetings if requested by either the Principal or Educator

February 15

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

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

April 20*

The Principal completes Summative Evaluation Report

May 15

The Principal meets with all Educators to submit Summative Evaluation Report.

June 1

Educator signs Summative Evaluation Report

within 5 school days of receiving the report

Educator may respond in writing to the Summative Evaluation Report

Within 12 school days of receiving the report

A.          Educators with PTS on Two Year Plans

Activity:

Completed By:

The Principal completes unannounced observation(s)

Any time during the 2-year evaluation cycle

The Principal completes Formative Evaluation Report

May 15th of Year 1

The Principal conducts Formative Evaluation Meeting, if any

June 1 of Year 1

The Principal completes Summative Evaluation Report

May 15 of Year 2

The Principal conducts Summative Evaluation Meeting, if any

June 1 of Year 2

The Principal and Educator sign Summative Evaluation Report

Within 5 school days of receiving the report

The Educator may respond in writing to the Summative Evaluation Report

Within 12 school days of receiving the report

B.          Educators on Plans of Less than One Year

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

21.        Career Advancement

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

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

C)          Educators with PTS whose summative performance rating is exemplary and, after 2013-14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable. (Reopener clause)

22.        Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter. (Reopener clause)

23.        Using Student feedback in Educator Evaluation

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

24.        Using Staff feedback in Educator Evaluation

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

25.        Transition from Existing Evaluation System

A)        All teachers, PTS and NPTS will be evaluated under the new evaluation system beginning the 2012-2013 school year.

B)        The Petersham School Committee and the Petersham Education Association agree to place Professional Teaching Status (PTS) teachers who are currently in good standing at the Proficient classification. Said teachers will be started on a two year self-directed growth plan.

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

26.        General Provisions

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

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

C)         Should there be a serious disagreement between the Educator and the Principal regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Superintendent to discuss the disagreement. Should the Educator request such a meeting, the Superintendent must meet with the Educator. The Principal may attend any such meeting at the discretion of the superintendent.

D)       The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties. In the first year of implementation, the parties will meet no later than February 15th and again no later than June 1st. In subsequent years, the parties agree to meet annually no later than June 1st. Violations of substantial compliance with the totality of the evaluation process shall be subject to the grievance and arbitration procedures. The arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process. When the evaluation process results in the termination or non-renewal of an Educator, then no financial remedy or reinstatement shall issue if there was substantial compliance. The arbitrator shall have the authority to determine whether or not there was such substantial compliance; provided, however, the arbitrator shall not find that there was substantial compliance if any of the following has occurred:

1.           The Educator was not fully and fairly notified by the Evaluator of each deficit in his or her performance and/or the Educator was not given sufficient resources and time to improve as provided by the provisions of article X; and/or

2.           The violation in question affected the judgment of the evaluator; and/or

3.            The District has not complied with the Educator Evaluator Regulations, 603 CMR 35.01, et seq, as amended from time to time.

Also for Grievance Procedure-see Article V-Section H in the contract.