PLAINVILLE SCHOOL COMMITTEE

 

                                                Kelly Sachleben, Chair

                                                Charlene McEntee, Vice Chair                                              

                                                Amy Abrams

                                                Lisa Berry

                                                Linn Caprarella

 

 

                                                                * * * * * * * * * *

 

                                           David P. Raiche, Superintendent of Schools

 

                                                                * * * * * * * * * *

 

 

 

                                                            OFFICERS OF THE

                            PLAINVILLE EDUCATION ASSOCIATION (2010/2011)

 

                                                Susan C. Lareau, Co-President

                                                Cheryl A. Mazzeo, Co-President

                                                Mary Molloy, Vice President

                                                Charlene Ehrlinger, Co-Secretary

                                                Carrie Souza, Co-Secretary

                                                William Goulart, Treasurer

                                               

 

                                                 PROFESSIONAL RIGHTS AND

                                   RESPONSIBILITIES COMMITTEE (2010/2011)

 

                                                Robin Roberts-Pratt

                                                Hilary Robinson

                                                Wendy Mullin

                                                Margaret Deeney

                                                Kathleen Healey

TABLE OF CONTENTS

 

ARTICLE I – RECOGNITION        ………………………………………………...         1

ARTICLE II - NEGOTIATION PROCEDURES    …………………………………        1

ARTICLE III - COMMITTEE RIGHTS       …………………………………………        2

ARTICLE IV - TEACHER WORKDAY     …………………………………………        3

ARTICLE V - TEACHER WORK YEAR   …………………………………………        5

ARTICLE VI - CURRICULUM DEVELOPMENT            ..………………………………..        6

ARTICLE VII - PROFESSIONAL DEVELOPMENT       …………………………        7

ARTICLE VIII - TEACHER ASSIGNMENT         …………………………………        9

ARTICLE IX - VACATIONS AND PROMOTIONS         …………………………        10

ARTICLE X - NON-TEACHING DUTIES …………………………………………        11

ARTICLE XI - LEAVES      …………………………………………………………        11

            Military Leave                 …………………………………………………………        11

            Maternity Leave          …………………………………………………………        11

                        Female Employee Without Professional Status          …………………        11

                        Female Employee With Professional Status   …………………………        12

Paternity Leave           …………………………………………………………        13

Adoption Policy          …………………………………………………………        13

Sick Leave      …………………………………………………………………        14

Sick Leave Bank         …………………………………………………        15

Workers Compensation           …………………………………………        16

Alcoholism and Drug Abuse      ……………………………………....        16

            Personal Leave            …………………………………………………………        17

            Funeral Leave             …………………………………………………………        17

            Summer School           …………………………………………………………        17

            Educational Leave      …………………………………………………………        17

            Other Leaves   …………………………………………………………………        19

            Alternative Career Leave        …………………………………………………        19

            Jury Duty        …………………………………………………………………        19

ARTICLE XII - TEACHER EVALUATION          …………………………………        20

            Evaluation Process      …………………………………………………………        21

                        For a Teacher Without Professional Status     …………………………        21

                        For a Teacher With Professional Status In A Non-Evaluation Year   ..         21

                        For a Teacher With Professional Status In The Evaluation Year   ……        22

For All Teaching Staff            …………………………………………        22

            Principles of Effective Teaching         …………………………………………        24

ARTICLE XIII - GRIEVANCE PROCEDURE      …………………………………        26

ARTICLE XIV - DUES DEDUCTION       …………………………………………        28

ARTICLE XV – SERVICE FEE (AGENCY FEE) …………………………………        28

ARTICLE XVI – TAX SHELTERED ANNUITIES   ……………………………….       28

ARTICLE XVII – COMMUNICATIONS   …………………………………………        29

ARTICLE XVIII – PROTECTION  …………………………………………………        29

ARTICLE XIX – CLASS SIZE        …………………………………………………        30

ARTICLE XX – REDUCTION IN FORCE            …………………………………………        30

ARTICLE XXI – ACCIDENTAL DISABILITY RETIREMENT …………………        32

ARTICLE XXII – HEALTH INSURANCE            …………………………………………        32

ARTICLE XXIII – SALARY SCHEDULE            …………………………………………        33

            Longevity Schedule    …………………………………………………………        36

            Mileage     …..…………………………………………………………………        37

ARTICLE XXIV – DURATION   …………………………………………………....       38

APPENDIX A – STIPENDS …..…………………………………………………….         39

TEACHER EVALUATION GOAL SETTING INSTRUMENTS  …………………        40

            Informal Observation Form    …………………………………………………        41

            Formal Classroom Observation Report    ……………………………………..         43

            Goal Setting Summary Evaluation     …………………………………………        44

 

                       

 

A G R E E M E N T

 

Pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, this Contract is made this 1^st day of September, 2011, by the School Committee of the Town of Plainville (hereinafter referred to as the Committee) and the Plainville Education Association (hereinafter referred to as the Association).

 

In consideration of the mutual covenants herein contained, the Committee and the Association agree as follows concerning the matter of wages, hours, standards of productivity and performance, and other conditions of employment.

 

 

ARTICLE I – RECOGNITION

 

A.        For purposes of Collective Bargaining with respect to wages, hours, standards of productivity and performance, and other conditions of employment, the Committee recognizes the Association as the exclusive bargaining agent and representative of all professional employees, including nurse, but excepting any full time administrative personnel and Substitute teachers.

 

B.        Subject to the provisions of this Contract, the wages, hours, standards of productivity and performance, and other conditions of employment applicable on the effective date of this Contract by the employees covered by this Contract shall continue to be so applicable.  This Agreement is the result of collective negotiations between the Committee and the Association, which have been conducted under the requirements and directives of statute law.  The provisions of this Agreement supersede all conflicting policies and directives of the Committee and may be changed only through the mutual Agreements of the Committee and the Association.  All terms and conditions of employment not covered by this Agreement shall continue to be subject to the Committee’s direction and control and shall not be the subject of negotiations until the commencement of the negotiations for a successor to this Agreement.

 

C.        The cost of printing this document will be shared equally by the Committee and the Association.

 

 

ARTICLE II – NEGOTIATION PROCEDURE

 

A.        Not later than October 1 of the calendar year preceding the calendar year in which this Agreement expires, the Association shall advise the Committee in writing of its intent to enter into negotiations with the Committee over a successor Agreement.  The Committee shall respond no later than November 1 and negotiations shall start no later than December 1 unless mutually agreed upon by both parties.  The Association and the Committee agree to meet at reasonable times and confer in good faith with respect to wages, hours, standards of productivity and performance, and other conditions of employment.

 

B.        Any Agreement reached during such negotiations will be reduced to writing.

 

C.        Nothing in this Agreement shall be deemed to limit any of the rights offered employees and their exclusive representative under the provisions of Chapter 150E of the General Laws of Massachusetts.

 

D.        If negotiation meetings between the Committee and the Association are scheduled during a school day, the representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in such meetings.  If it is necessary for a teacher to attend an arbitration hearing or fact-finding proceeding which is directly related to negotiations for a successor contract held pursuant to this Agreement during the school day, he/she will, upon five (5) days notice to his/her Principal, be released without loss of pay as necessary in order to permit attendance at such hearing or fact-finding proceeding.  One (1) representative of the Association, upon twelve (12) hours' notice to his/her Principal, will be released without loss of pay in order to permit attendance at such hearing or fact-finding proceeding.

 

E.         The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties, after the exercise of that right and opportunity, are exclusively set forth in this Agreement.

 

Therefore, the Committee and Association each voluntarily and unqualifiedly waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not referred to or covered by this agreement, or with respect to any subject or matter not referred to specifically or not covered in this Agreement, even though such subject 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.

 

 

ARTICLE III – COMMITTEE RIGHTS

 

A.        The Committee is a public body established under and with powers provided by the laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be construed to derogate from or impair any power, right, or duty conferred upon the Committee by law or any rule or regulation of any agency of the Commonwealth.  The Committee retains all powers, rights and duties that it has by law and may, subject to this Agreement, exercise the same at its discretion.

 

B.        The Committee has the responsibility for establishing goals, policies and accountability standards for the school district and for review and approval of the district’s budget.

 

C.        The Superintendent of Schools, hereinafter referred to as the Superintendent, is the chief executive officer of the school district and has the responsibility for managing the school system and implementing the policies established by the Committee.

 

 

ARTICLE IV – TEACHER WORKDAY

 

A.        Each employee covered by this Contract shall be present at his/her appointed station as follows:

 

1. Before School:  Teachers will report ten (10) minutes before the starting time of the pupils.  Homeroom teachers will be in their classroom at this time to greet children.  Non-homeroom teachers may be assigned supervisory duties at this time.

 

2. After School:  All teachers shall remain at school five (5) minutes after the student dismissal time.

 

3. In the event that the School Committee determines it necessary to change the starting and ending times for pupils, it shall notify the Professional Rights and Responsibilities Committee on or before June 1 prior to the start of the new school year for which the new starting and ending times shall become effective

 

If permitted by the Principal, an employee may leave earlier.

 

B.        All teachers shall make themselves available after class for extra help for students.

 

C.        All teachers shall make themselves available for appointments with parents two (2) afternoons a week at the discretion of the teacher for a maximum of forty-five (45) minutes after dismissal of the students.  If no appointments are scheduled, the teacher may leave at the regular time.

 

D.        All professional employees shall have a duty-free lunch period of at least thirty (30) minutes in each day as provided by Massachusetts General Laws, Chapter 71, Section 80.  In emergency or very exceptional circumstances, teachers may have at least a twenty-five (25) minute, duty-free lunch period, but in no case shall teachers have duty-free lunch periods totaling less than a minimum of one hundred fifty (150) minutes, based on a five-day week.

 

E.         Teachers are not required to remain with their classes but may perform other professional duties when Art, Music, Library, Health, and Physical Education teachers are instructing their classes; however, they shall familiarize themselves with such subject material. Specialists will have the same amount of preparation time as a classroom teacher.  Teachers shall have planning time during which they will not be responsible for students, attendance at faculty meetings or be assigned to other duties except in emergencies or assemblies when needed.

 

F.         The Superintendent will, insofar, as is possible, assign competent substitutes to Art, Music, Library, Reading Specialist, Health, Spanish, and Physical Education classes whenever the respective teachers are absent.

 

G.        All teachers shall participate in two (2) parent conferences annually.  Each parent conference includes an afternoon and an evening component.  Evening conferences shall be at least 2.5 hours in duration and no parent will be denied an appointment during the generally agreed upon evening hours.  The dates for these conferences will be scheduled by agreement between the parties to this contract with notification given to the teachers by September 15^th of the school year in which these conferences are to take place.  Teachers who team together will have an additional ½ day each parent conference to meet with parents.  Substitute coverage will be provided.  No more than two (2) release days will be scheduled for this purpose.

 

H.        1.  The school day for students shall be six hours and twenty-five minutes.  On Tuesday, with the exception of those weeks when Parent/Teacher conferences are scheduled, the school day for teachers shall be seven hours and twenty-five minutes.  On other work days, the school day for teachers shall be six hours and forty minutes.  The extended time will be on Tuesday mornings, forty-five (45) minutes earlier than on other work days.  On workshop/curriculum days, the teacher work day shall be six hours and thirty minutes.  Part-time staff are expected to complete the additional time on a prorated basis on a morning they are working.  This will be arranged with the building principal.

 

2.  Tuesday mornings will be used for common planning time and collaboration   among staff members.  This time may be used for grade-level, cross-grade and collaborative team work where professional learning communities engage in activities encompassing instruction, assessment, and/or curriculum matters.  On occasion, but no more than three (3) times per year unless by mutual agreement, this time may be used for staff training.

 

3. A.  In the event of a delayed opening on a Tuesday, the teaching staff will not be required to report forty-five (45) minutes before the delayed start time.

 

    B.  In the event that the first day of school for students is a Tuesday, teachers will be required to report forty-five (45) minutes before the start of school, however, they will be allowed to work in their classrooms.

 

    C.  Evening events such as Open House and Parent/Teacher conferences will not be scheduled on a Tuesday.

 

I.          Faculty meetings will be scheduled no earlier than forty-five (45) minutes prior to the normal workday or end no later than forty-five (45) minutes after the close of school if started immediately after school.  If, by mutual agreement, the meeting starts 10-15 minutes after the close of school, the meeting itself may last no longer than forty-five (45) minutes after such time.  These meetings may be scheduled monthly.  In addition the Superintendent may also schedule meetings with the faculty of each school.  These meetings will also be scheduled no earlier than forty-five (45) minutes prior to the normal workday or end no later than forty-five (45) minutes after the close of school if started immediately after school.  If, by mutual agreement, the meeting starts 10-15 minutes after the close of school, the meeting itself may last no longer than forty-five minutes after such time.  No more than two (2) meetings may be scheduled per year by the Superintendent with each being announced at least one (1) week prior to being held, unless by mutual agreement.

 

J.          Compensation:  Teachers who accompany students on school-sponsored overnight learning experiences, which are approved by the School Committee yearly, shall be compensated for each night spent away from home at a rate of $75 per night to a maximum of $300 per school year.  Teachers shall not be required to participate in the overnight portion of any overnight school program.  Teachers not participating in the overnight portion of any trip must notify building Principal by the end of the first week of school.

 

 

ARTICLE V – TEACHER WORK YEAR

 

A.        The school calendar shall be adopted by the School Committee with the approval of the Professional Rights and Responsibilities Committee.  The School Committee reserves the right to change and modify the calendar insofar as the law may require such change or modification.

 

B.        Notwithstanding the provisions of Paragraph A above, the work year of all professional employees shall begin not earlier than the first Tuesday after Labor Day, except where the parties agree to begin within seven (7) days before Labor Day, and shall terminate not later than June 30th in the following calendar year, and shall consist of one hundred and eighty-four (184) workdays.  A workday is defined as a day when the attendance of all said professional employees is required.  The work year will include days when pupils are in attendance, orientation days at the beginning of the school year, and any other days on which teacher attendance is required.  The work year shall include one (1) work day prior to students’ beginning date consisting of ½ day orientation which shall include the faculty meeting for September, a duty-free lunch break of one-half hour, and ½ day classroom setup, and three (3) workdays for curriculum and/or professional development.

 

C.        An employee required to be present at his normal place of employment for days in excess of the number of workdays specified in Paragraph B above shall be compensated on a pro rata basis of 1/184 of the teacher's annual salary.  Summer employment is excluded from the above provisions.

 

D.        All professional staff shall attend the annual “Open House” for their respective schools.  No teacher will be required to attend more than one “Open House”. Shared staff shall attend the Open House at the school where they have the majority of their schedule.

 

E.         Teachers shall be allowed to work in their classrooms the two (2) weeks before school opens and the two (2) weeks after school closes as well as during the summer by mutual agreement with the Superintendent.

 

F.         Teachers shall be reimbursed for significant moving of classroom at the rate of $25.00 per hour, to a maximum of six (6) hours or $150.00 outside of normal working hours.

 

 

ARTICLE VI – CURRICULUM DEVELOPMENT

 

A.        The Superintendent shall during each school year appoint committees of administrators and teachers for the purpose of reviewing and improving the curriculum.  Such committees shall report their findings and recommendations to the Superintendent who shall include such findings and recommendations in his/her report to the Committee.  It is understood that sole responsibility of establishing and changing the curriculum rests with the Committee.  Committees shall be formed in a fair and equitable manner.  Any teacher serving on a curriculum committee shall be compensated at a rate of B+1.

 

B.        The Superintendent may establish a Summer committee, a Summer Institute, or a Summer Program; teachers participating in the above-referenced programs, which shall prepare substantive materials or products, shall be compensated at a rate of B + 1.  Hourly rate is calculated each year and applied for the length of the Teachers’ Contract year (September 1 through August 31).  Bachelor Step 1 rate divided by 184 days and then divided by hours worked.  A full day shall be defined as meeting from 8:30 a.m. to 3:00 pm. with thirty minutes for lunch.  The paid time is for six hours in a full day.  Assignment to and creation of said summer Committee, Summer Institute, or Summer Program is at the discretion of the Superintendent.  Positions for any of the above programs will be posted in advance.

 

C.        With advance approval of the Superintendent, a teacher may perform curriculum work on Saturdays or non-workdays at the B + 1 rate.  Hourly rate is calculated each year and applied for the length of the Teachers’ Contract Year (September 1 through August 31).  Bachelor Step 1 rate divided by 184 days and then divided by hours worked.  A full day shall be defined as meeting from 8:30 a.m. to 3:00 pm. with thirty minutes for lunch.  The paid time is for six hours in a full day.

 

D.        PDP’s shall be awarded to all members of a committee who have completed a curriculum project.  Twelve (12) PDP’s in a specific strand can be exchanged for one (1) inservice credit or one (1) Continuing Education Unit (CEU).

 

 

ARTICLE VII – PROFESSIONAL DEVELOPMENT

 

A.        The Superintendent may require a teacher or teachers to take specific courses, which he/she feels, may have an immediate value to the Plainville Schools.  In these cases, the Committee shall reimburse the teacher in the amount of one hundred (100%) percent of the tuition charge upon satisfactory completion.

 

B.        For the period September 1, 2011 to August 31, 2014 only, the following language shall be in effect.  At the conclusion of the 2013-2014 school year the language changes set forth below shall no longer be in effect, unless otherwise agreed to by the parties.

 

The Committee shall allow all teachers to attend and pay the reasonable expenses incurred by teachers who attend workshops, seminars, conferences, annual professional meetings or other professional improvement sessions with prior approval of the Superintendent.  Such expenses shall include conference fees, meals, lodging, and transportation incurred by the teachers.  All professional staff will be granted leave to attend one conference per year at their own expense if funding is not available.

 

C.        Inservice credit shall be granted in the following manner: 

 

1.  Any inservice program that requires a minimum of forty-eight (48) clock hours  of participation will result in four (4) inservice credit hours or four (4) Continuing        Education Units (CEU’s) being granted to said participant.

 

2.  Any inservice program that requires a minimum of thirty‑six (36) clock hours of participation will result in three (3) inservice credit hours being granted to said participant or three (3) Continuing Education Units (CEU’s) being granted to said participant.

 

3.  Any inservice program that requires a minimum of twenty‑four (24) clock hours of participation will result in two (2) inservice credit hours being granted to said participant or two (2) Continuing Education Units (CEU’s) being granted to said participant.

 

4.  Any inservice program that requires a minimum of twelve (12) clock hours of    participation will result in one (1) inservice credit hours being granted to said         participant or one (1) Continuing Education Unit (CEU) being granted to said        participant.

 

5.  All inservice credit and or Continuing Education Unit (CEU) may be used towards salary increments.

 

D.        The Committee recognizes that professional days may be used by faculty    

members.  The purpose of these professional days will be as follows:

 

·                     To observe and study the operation of a particular program or class of                     interest, or

 

·                     to attend workshops or seminars of interest to the faculty members and                  administration.

 

Any leave, which might be granted for the preceding purposes, would be at the sole discretion of the Superintendent, and would require a written report or brief oral or visual presentation determined by the teacher on the details of the conference, workshop, etc.  This report would be submitted to the Superintendent's office no later than two weeks after such conference, etc., is to be held.  Said report should be printed and placed in a binder by subject matter and placed in the Professional Library in each building for reference.  In the case of a presentation said brief presentation shall be made at next faculty meeting or workshop day as the schedule allows.

 

E.         The Professional Development Account will be funded at:

 

                                                      $12,000          

 

Each individual covered by the Agreement shall be guaranteed $500.00 (per person) per year as reimbursement for courses subject to the Professional Development Account limits as noted above.  Funding leftover before the end of the fiscal year will be distributed to members applying for reimbursement for any additional courses at the rate of $500 per course.

 

Additional reimbursement will be applied to all second courses and then third courses and so on until the fund is depleted.  For any fiscal year, application for course approval must be submitted by April 15 of that year in order to receive reimbursement.  This will be on a first come first serve basis.

 

Before enrolling, all applicants must apply to the Superintendent for course approval.  The course must pertain to their educational function.  A grade of A or B must be attained to be eligible for reimbursement.  An official, original transcript of the course from the College/University and a copy of the payment check must be submitted to the Superintendent.  All verification material must be submitted to the Superintendent no later than June 30th of the fiscal year in which the course was taken.

 

The Committee agrees to expend up to but not more than three thousand dollars ($3,000.00) each fiscal year of this agreement to purchase professional materials for resource use by the professional staff for professional development and educational improvement.  All professional materials purchased become the property of the Plainville Public Schools and will be catalogued by the Librarian.  Staff members covered by this Agreement will have an opportunity to provide input into materials being purchased.

 

 

 

ARTICLE VIII – TEACHER ASSIGNMENT

 

A.        Except in unusual circumstances, teachers will be notified in writing of any  change in their teaching assignments from the prior school year, including the school or schools to which they will be assigned, the grade and subject they will teach and any special or unusual classes which will require special preparation beforehand.  The notification will be given as soon as practical and normally not later than the close of the school year.  In the event that changes in assignment are necessitated by conditions arising during the summer, notice of each change will be mailed as soon as practical to the teacher's permanent home address.

 

B.        Teachers who desire a change in grade or subject assignment or who desire to transfer to another school building, shall file a written statement of such desire with the Superintendent, with supporting reasons for such change, not later than April 1.  Such statement shall include the grade and subject to which the teacher desires to be assigned or the school to which he or she wishes to be transferred.  As soon as practical and not normally later than the close of school, the Superintendent shall notify said teacher of the disposition of the request.

 

C.

1.         When involuntary transfers are necessary, the teacher's area of competence, major and minor field of study, quality of teaching performance, ability and length of service in the Plainville School System will be considered.  Teachers who are being involuntarily transferred will be transferred to as reasonably comparable position as possible.

 

2.         If the Administration reduces the number of positions assigned to a grade level or building, the Principal shall invite all teachers in that grade level or building to volunteer to be transferred.

 

3.         Regardless of whether there are any changes forecast for the following year, teachers may voluntarily exchange assignments for the length of one year with the mutual agreement of the Principal and the affected teachers.  At the end of the school year, all teachers involved would return to their original assignment unless otherwise agreed upon by the Principal and the affected teachers.  This does not limit the Principal’s rights as listed in C1.  

 

D.        The wishes of the individual teacher with respect to grade assignment will receive the fullest consideration, but the instructional requirements of the school system and its pupils will be the controlling factor as determined by the Superintendent. In the event that any teacher moves to another classroom, the teacher will not be responsible for removing and relocating supplies and equipment.

 

 

 

ARTICLE IX – VACANCIES AND PROMOTIONS

 

A.        Whenever any professional or administrative position is newly created or becomes vacant during the school year, a written notice thereof shall be posted for at least five (5) school days on the faculty bulletin board in each school building.  Such notice shall be posted within seven (7) calendar days after the Superintendent has declared the vacancy or approved the new position.  Such notice will include subject or grade levels for which the position is posted.  The general qualifications for said position and the rate of compensation shall be clearly set forth.  All qualified teachers will be given an opportunity to apply for such positions.  In filling such vacancies, consideration will be given to qualified teachers already employed by the School District.  All such requests shall be acknowledged by a stamped copy of the application by the Superintendent’s office.  Qualifications for vacancies will not be changed between the time of the posting and the appointment to the vacancy.

 

B.        If a vacancy occurs during the summer vacation, notification will be posted in or outside the office of the Superintendent of Schools, and in addition, a copy will be sent to the President of the Association and to those staff members who have left their names and addresses with the Superintendent by the end of the school year for that purpose.

 

C.        All qualified teachers will be given an opportunity to make application for administrative vacancies, and the Superintendent agrees to give due consideration to the ability, professional background, length of service in the Plainville School System and other attainments of all applicants.  Applications for administrative position vacancies shall be made in accordance with procedure established by the Superintendent. The unsuccessful candidates will be given notice when positions are filled.  The Superintendent reserves the right in all instances to appoint a candidate who in his/her judgment is the most qualified for the position.

 

D.        If a vacancy in a bargaining unit position to be filled occurs after the school year has begun, the following shall apply:

 

1.         The Superintendent may temporarily fill such position for a period not to exceed twenty (20) school days.

 

2.         The position shall be filled under all terms and conditions of the Agreement including salary and benefits no later than twenty (20) school days following the expiration of the time period for applying for the vacancy.

 

3.         If the vacancy to be filled occurs after the ninetieth school day of the school year, the Superintendent may fill the position with a long-term substitute for the remainder of the school year.  However, if such position is retained for the following school year, such vacancy shall be posted according to provisions of this Agreement by May 1, or within seven (7) days next following such vacancy, whichever occurs first.

 

E.         Job Specifications - Plainville School Committee will put in writing job specifications for all newly created positions (full or part-time) prior to posting said positions and prior to making appointments to said positions.

 

 

ARTICLE X – NON-TEACHING DUTIES

 

The Committee and the Association acknowledge that a teacher's primary responsibility is the total education of the children in his/her care.  Therefore, they agree as follows:

 

A. 

 

1.         Assignment of teachers for non-professional duties shall be on a reasonable basis.

 

2.         Although teachers may be required to collect and transmit money to be used for educational purposes, they will not be held responsible for the loss of any money collected where such loss is not the fault of the teacher.

 

            3.         Teachers, when asked to collect money, will not be responsible for discrepancies.

 

B.        Teachers will not be allowed to drive pupils home or to activities which take place away from the school building.

 

C.        Daily attendance will be taken by the teachers and reported to the Principal's office.  Teachers will not be required to keep Registers.

 

 

ARTICLE XI – LEAVES

 

 

A.        Military Leave:            Military leave will be granted to any employee who is inducted in any branch of the armed forces of the United States upon application; subject, however, to the provisions of General Laws, Chapter 71, section 41, where applicable.

 

B.        Maternity Leave:         Teachers shall be granted maternity leave.  Such leaves to be governed by the following conditions:

 

1.         Female Employee Without Professional Teacher Status.  A female employee without professional teacher status, who has been employed by the Committee for at least three (3) consecutive months as a full-time employee, shall be entitled to maternity leave for a period not to exceed twelve (12) weeks (8 weeks of which may be paid provided that the teacher in question has sufficient accrued sick leave available); if any regularly scheduled school vacation days fall during any portion of the eight week period of leave, the employee shall be entitled to additional days equal to the same number of scheduled school vacation days.  This provision does not apply to summer vacation periods or Saturdays and Sundays, which fall during a school vacation period.  Said leave shall be for the purpose of giving birth and recovery from any disability resulting there from.  The employee shall give at least sixty (60) calendar days written notice to the Superintendent of Schools of her anticipated date of departure and intention to return to duty.  Such notice shall include a written statement from her physician attesting to the employee's ability to continue performing the full duties and responsibilities of her position and giving his/her estimate of the delivery date and shall be considered as a request for leave under the provisions of the Family Leave Act of 1993.  She shall be permitted to continue on active duty until such date, provided she does perform the full duties and responsibilities of her position and furnishes additional statements from her physician upon the reasonable request of the Superintendent or his/her designee.

 

The employee without professional teacher status may elect to use her accumulated sick leave during her period of physical disability as a result of childbearing for a period of eight (8) weeks.  Sick leave shall be paid only during the time period in which a physician certifies the employee to be physically disabled and only to the extent of the number of sick leave days the employee has accumulated.  The request to use accrued sick leave shall be made in writing to the Superintendent.

 

2.         Female Employee With Professional Teacher Status.  A female employee with professional teacher status may be entitled to maternity leave for a period of up to two (2) years, except as is otherwise provided herein, from the date of its commencement, provided, wherever possible, she gives at least sixty (60) calendar days written notice to the Superintendent of her anticipated date of departure and intention to return to duty.  Such notice shall include a written statement from her physician attesting to the employee's ability to continue performing the full duties and responsibilities of her position and giving his/her estimate of the delivery date and shall be considered as a request for leave under the provisions of the Family Leave Act of 1993.  She shall be permitted to continue on active duty until such date, provided she does perform the full duties and responsibilities of her position and furnishes additional statements from her physician upon the reasonable request of the Superintendent or his/her designee.  Normally, the employee will be permitted to return to duty only at the beginning of a school year, unless she returns within twelve (12) weeks after the commencement of her maternity leave.  In the event an employee's leave of absence of one (1) year shall expire after the beginning of a school year, the leave of absence shall be extended to the beginning of the next school year to permit the employee's return to duty at such time. Under exceptional circumstances, a teacher desiring to return to her teaching duties at a time other than those set forth above may make written application for reinstatement to the Superintendent.  The Superintendent may grant such reinstatement.

 

The employee with professional teacher status may elect to use her accumulated sick leave during her period of physical disability as a result of childbearing for a period of eight (8) weeks.  Sick leave shall be paid only during the time period in which a physician certifies the employee to be physically disabled and only to the extent of the number of sick leave      days the employee has accumulated.  The request to use accrued sick leave shall be made in writing to the Superintendent.

 

3.         In the event an employee fails to return to duty at the expiration of her maternity leave, the employee shall be deemed to have resigned, and the obligation of the Committee to provide a position for her shall cease.

 

4.         All benefits to which the employee was entitled at the time of her leave of absence commenced, including any unused accumulated sick leave, shall, except as is otherwise provided herein, be restored to her upon her return, and she shall, except as is otherwise provided herein, be assigned to the same teaching position which she held at the time such leave commenced, if such position is available, or, if it is not available, to a substantially equivalent teaching position.  Upon her return, the employee shall not advance in increment unless she shall have worked at least one hundred (100) days in the school year in which her leave commenced either in the Plainville Public School System or in another school system.  The Committee shall not be required to restore an employee on maternity leave to her previous or similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of her maternity leave; provided, however, that the employee on maternity leave shall retain any preferential consideration for any other position to which she may be entitled as of the date her leave commenced.

 

5.         The parties recognize that the Family and Medical Leave Act (FMLA), as amended may establish rights different from those expressed in this article.  To the extent that this is true, the greater of those rights (i.e., FMLA rights vs. rights under this article) will control, but those greater rights will not be in addition to the lesser rights.  Where an employee takes leave under one of the articles set forth in this Agreement for a reason which would entitle the employee to leave under the FMLA, such leave will also be considered FMLA leave and will be deducted from the employee’s statutory FMLA leave entitlement. 

 

C.        Paternity Leave:          Teachers shall be granted paternity leave.  Such leaves to be governed by the following conditions:

 

1.         A male teacher whose spouse is hospitalized for the purpose of child bearing and recovery shall be granted two additional days of paid personal leave.  Said two additional days of paid personal leave must be used during the period from two weeks prior to delivery to two weeks following delivery.  

 

D.        Adoption Policy:

 

1.         A teacher without professional teacher status, when adopting a child, shall be granted a leave of absence without pay under similar conditions listed in Article XI, Section B-1, as they relate to a teacher on maternity leave.

 

2.         A teacher with professional teacher status, when adopting a child, shall be granted a leave of absence without pay under similar conditions listed in Article XI, Section B-2, as they relate to a teacher on maternity leave.

 

E.         Sick Leave:

 

1.         Sick Leave with pay shall be granted in accordance with the provisions of this Article to each Professional Employee when the employee:

 

a.         Is incapacitated for the performance of his/her duties by illness or injury.

 

b.         Would jeopardize the health of others by his/her presence on duty because of exposure to a contagious disease.

 

c.         Is required to give bedside or household attention to his/her spouse, child, parent, sibling, or other member of his/her immediate household who is seriously ill.  The sick leave, which is granted in these cases, shall not exceed a maximum of fifteen (15) days in a school year.

 

2.         All but first year teachers shall be entitled to fifteen (15) days of sick leave with full pay in each school year; fifteen (15) days credited on the first school day in  September.  All first year teachers will earn their sick leave days as follows: Five (5) days of sick leave on the first day of school and one (1) day of sick leave for each month worked, September through June, for a total of fifteen (15) days.

 

3.         Cumulative Sick Leave will accumulate according to Sick Leave Chart:

 

 

Any teacher, who is absent from school because of sick leave for a period of time greater than 15 days allowed, during any school year, shall receive the benefits of cumulative sick leave.

 

4.         A physician's certificate may be required after five (5) consecutive days of absence at the discretion of the Superintendent.  A Physician's certificate shall be required after ten (10) consecutive days of absence.  Said physician's certificate shall state that the employee is incapacitated from his/her regular employment and shall provide a diagnosis and estimated recovery time.  The School Committee at its discretion and expense may request that the employee be examined by a physician of its choosing if the physician's certificate, referred to above, indicates that the employee is expected to be incapacitated for an additional thirty (30) cumulative days.

 

5.         Previously accumulated unused sick leave days will be restored to all teachers returning from military service and Peace Corps work.

 

6.         Sick Leave Bank:

 

a.         Effective September 1982, a Sick Leave Bank will be established for use by members whose sick leave accumulations have been exhausted through prolonged illness and who require additional leave to make full recovery from an extended illness.

 

b.         Each member of the bargaining unit shall submit one (1) sick day of his/her personal accumulation to the Sick Leave Bank on September 1 of each school year, to be utilized by employees who qualify and who have exhausted their own individual sick leave, both annual and accumulated, and who still have a serious extended illness.  If the sick days donated to the Bank are exhausted prior to the end of the school year, and additional days are required, then each member shall contribute an additional day to the Bank.

 

If the total number of days in the Bank is over 100 days on             September 1, no day will be deducted from the members.  If the Bank falls below 41 days, a day will be deducted from each member at that time.  In this case members will be notified of this deduction at the time of the deduction.  As of September 1, 2005 there were 123.6 days in the Sick Leave Bank.  The Association will be notified of the total accumulated sick days in the Bank by September 30th of each year.

 

c.         If at anytime the Sick Leave Bank falls below forty-one (41) days, the School Committee shall add days to the Sick Leave Bank to match the additional days that teachers contribute.

 

d.         The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of two (2) members designated by the Superintendent to serve at his/her discretion and two (2) members designated by the Teachers Association and a member of the School Committee.

 

e.         Application for benefits shall be made in writing to the Sick Leave Bank Committee accompanied by a doctor’s certificate as to need for an anticipated extent of extended recovery time for the illness.  This certificate shall provide a diagnosis and estimated recovery time.  To facilitate its decision-making process in deciding whether to grant sick leave days beyond the initial thirty (30) day period, the Sick Leave Bank Committee may require that a member be examined by a physician selected by the Sick Leave Bank Committee.  The School Committee shall assume the costs of such an examination.

 

f.          The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days. Upon completion of the thirty (30) day period, additional entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant.  Bargaining unit members shall not become eligible for more than an initial grant of thirty (30) days in any school year until the September 1st following the completion of three (3) consecutive years of employment.

 

g.         The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding and not subject to appeal, or to the grievance and arbitration process.

 

h.         Upon return from extended sick leave during which benefits were received through the Sick Leave Bank, the recipient shall be entitled to commence a new accumulation of individual sick leave in accordance with the provisions of the collective bargaining agreement on the same basis as other teachers.

 

 

7.         Workers Compensation:          Whenever a teacher is absent from school as a result of personal injury (arising out of an accident or an assault arising out of and in the course of the teacher's employment), the teacher will be paid by the school department for medical expenses as well as the difference between the teacher's full salary and payments received under the Massachusetts Workers' Compensation insurance using unused sick leave prorated.  However, if an employee depletes his/her sick leave days, the School Committee shall grant that employee an unpaid medical leave of absence of up to one year from the date of exhausted sick leave.

 

8.         Alcoholism and Drug Abuse:             Alcoholism and drug abuse is recognized by the parties to be treatable illnesses.  Without detracting from the existing rights and obligations of the parties recognized in other provisions of this Agreement, the Committee and the Association agree to cooperate in encouraging employees afflicted with alcoholism or drug abuse to undergo a program designed to rehabilitate the employee.

 

If the employee refuses to avail him or herself of assistance, and      alcoholism or drug abuse impairs work performance, conduct or reliability, the normal contractual disciplinary procedures for dealing       with problem employees will be used.

 

F.         Personal Leave:           A teacher will be entitled to a total of three (3) days' personal leave per year.  Any unused personal(s) day may be added to the number of accumulated sick days.  In unusual circumstances, the Superintendent, at his/her discretion, may extend this leave.  At least forty-eight (48) hours notice should be given to the Superintendent unless an urgent matter requires shorter notice.

 

Personal Leave may be used for the following purposes to the extent indicated.

 

1.         Urgent family or business obligations - usually not more than one day.  Request for such leave must be made to the Superintendent.  The specific nature of the urgent family or business obligation need not be disclosed by the teacher making the request.

 

2.         The leaves of absence provided shall not be requested and need not be granted to extend any teacher’s vacation period before or after:

 

·         Thanksgiving Break

·         Winter Break

·         February Break

·         Spring Break

·         Summer Recess

 

G.        Funeral Leave:            Teachers shall be entitled to a minimum of three (3) days and a maximum of five (5) days leave with pay in the event of a death in the employee's family.  The exact length of time shall depend upon the circumstances of each case, including, but not limited to, relationship of the parties, geographical limitations, and transportation difficulties.  The Superintendent shall have discretion to establish the number of days and shall in his/her sole discretion allow additional days for just cause.

 

For purposes of this Article, employee’s family shall include husband, wife, child, parent, brother, sister, step-children, step-parent, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, aunt, uncle, niece, nephew or any other member of the employee’s immediate household.

 

H.        Summer School:          In a case where a program of summer study commences before the close of the school year, the Superintendent may, without being under any obligation to do so, and in its sole discretion, grant up to five (5) professional days for participation in the summer study program.

 

I.          Educational Leave:     To encourage professional growth and independent research, the following policy is initiated to grant education leaves:

 

1.         Any teacher who has completed seven (7) years or more of continuous service in the Plainville Public Schools and has attained a Masters Degree shall be eligible. The teacher may apply for leave by February 1st of his/her 7th year.

 

2.         Teachers requesting educational leave shall apply in writing by February 1st of the school year preceding the school year for which the leave is requested.  Action on such requests shall be taken by the Superintendent no later than April 15th. Notification of the Superintendent's action will be in writing, but any denied leave shall not be subject to grievance or further discussion.

 

3.         Only one teacher per year may be granted leave.  It is not to be considered automatic that one teacher per year would be granted leave.

 

4.         Teachers shall be paid 50 percent of their salary at the step attained at the time of requesting leave.

 

5.         Teachers shall have health insurance coverage continued at the current rate established at the time of leave.

 

6.         Teachers on Educational Leave, upon their return, shall be placed on the step of the salary schedule, which they would have attained had they not been on said leave.

 

7.         Teachers on Educational Leave shall agree in writing to return to employment in the Plainville Public Schools for two years subsequent to said leave.

 

8.         If the teacher fails to remain as an employee of the Plainville Public Schools for two years subsequent to his/her Educational Leave, he/she shall repay to the Committee the full amount of salary paid to him/her, and the full amount of his/her health insurance coverage while on said leave.

 

9.         A teacher would be eligible for this leave only one time during his/her teaching career in Plainville.

 

10.       Educational Leave shall be granted only when the course of study is completely appropriate to area and level in which the applicant is presently teaching.

 

11.       Proof of application to an accredited college or university and the course of study specifically outlined must be presented with the application for such leave.  Only a full-time course of study will be considered.

 

12.       No tuition for courses will be paid.

 

13.       A person returning from educational leave must submit to the Superintendent a written report on a topic included in his/her course of study or must make an oral presentation to interested faculty members, on a topic included in his/her course of study.

 

J.          Other Leaves:

 

1.         The Superintendent may grant a teacher with professional status who has used up his/her accumulated sick leave, a leave of absence without pay, for up to one (1) school year for health reasons other than maternity.  Requests for such leave will be supported by appropriate medical evidence.

 

2.         The Superintendent may grant to a teacher with professional status, a leave of absence without pay or increment, of up to one (1) year for the purpose of caring for a sick member of the teacher's immediate family or other reason.

 

3.         The Committee agrees that any teacher with professional status designated by the Association upon request may be granted a leave of absence by the Superintendent without pay for a year for the purpose of engaging in Association (State or National) activities.  If the teacher returns from such leave, he will be considered as if he were actively employed by the Committee during such leave for the purpose of being placed on the salary schedule at the level he would have achieved if he had not been absent.

 

4.         Professional employees who are covered by the Contract who are duly qualified representatives of the Plainville Education Association, the Massachusetts Teachers' Association, or the National Education Association may, at the sole discretion of the Superintendent, be allowed to attend conferences and conventions sponsored by said associations. This leave shall be with pay, but without reimbursement for expenses by the Committee, and will be considered a Personal Leave Day.

 

K.        Alternative Career Leave:       Teachers, upon application to the Superintendent, may be granted a leave of one (1) year for the purpose of pursuing an alternative career.  The application must be submitted to the Superintendent prior to April 1st, and the Superintendent will act upon this application by April 30th.  Once the leave is granted, it will be binding for one contract year without pay or benefits.  Only one teacher per grade level, with a maximum of three (3) teachers total per year, will be granted this leave.  Teacher without professional teacher status may not apply, and seniority will govern in all cases.

 

L.         Jury Duty:       Any teacher called for Jury Duty shall be paid the difference between his/her regular pay and the compensation received by him/her as a juror, exclusive of travel allowance.

 

M.        Any teacher on an extended leave for any reason shall notify the Superintendent of Schools in writing no later than April 15 as to whether he/she expects to return for the next September opening of school.  The Plainville School Department shall notify all teachers on an extended leave for any reason by no later than March 15 in writing at his/her address of this provision.  A failure to comply with this requirement shall be treated as a resignation of employment.

 

 

ARTICLE XII – TEACHER EVALUATION

 

The specific purposes of evaluation are:

 

a.         To provide information for the continuous improvement of performance through an exchange of information between the person being evaluated and the evaluator; and

 

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

 

The following process and procedures have been developed so that the primary purposes of evaluation may be realized.  Based upon the principles of evaluation and performance standards agreed to between the Plainville School Committee and the Plainville Education Association, the process provides for a collaborative approach to enhancing instruction and learning in the classroom.  The process shall include the Principles of Effective Teaching; said principles are enumerated below and are incorporated into this evaluation Article of the collective bargaining agreement.

 

A.        The observation and evaluation forms and performance standards appearing in Appendix A shall be used for the duration of this Agreement.  All monitoring or observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher.  Teachers will be given a copy of any evaluation report prepared by the evaluator and will have the right to discuss such report with their principal and the Superintendent of Schools.

 

B.        1.         Chapter 71, Section 42C, of the Massachusetts General laws “Records of teachers; Inspection, school officials of cities and towns keeping records concerning any teacher or his/her work shall, at the written request of the teacher, permit the teacher by appointment to inspect the contents of his/her personnel folder, files, cards, and records, and to make copies of such contents and records as concern his/her work or himself.”

 

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

 

C.        No employee will be disciplined, reprimanded, reduced in rank or compensation or dismissed without just cause.  Nothing herein shall be construed to limit or interfere with the power of the Committee concerning non-retention of employees without professional teacher status under General Laws, chapter 71, Section 41.

 

 

D.        Evaluation Process:

 

1.         For a Teacher Without Professional Status This Process Will be Followed:

 

a.         Establish two to three (2-3) goals related to the professional standards in collaboration with the supervisor.  The special education administrator will observe members of the special education staff and building principals will observe all other teachers.

 

b.         The initial conference will be held to discuss and plan for the achievement of the goals by October 1.  This meeting will be scheduled by the building principal or special education administrator.

 

c.         Three classroom visitations will occur during the year:

 

(A)       One formal observation (pre-observation conference, observation, post observation conference).

 

(B)       A minimum of two (2) informal observations followed by a post observation conference if either the teacher or supervisor requests a post observation conference.  The first informal observation must take place by November 1.

 

(C)       All observations will be completed for teachers without professional status by April 1.

 

(D)       The evaluation of a teacher without professional status must be completed and given to the teacher by April 15. 

 

2.         For a Teacher With Professional Status in a non-evaluation year this procedure will be followed:

 

a.         Establish two to three (2-3) goals related to the professional standards in collaboration with the supervisor.

 

b.         Hold an initial conference with the supervisor to plan for the achievement of goals by November 1.  This meeting will be scheduled by the building principal or special education administrator.

 

c.         Work independently to achieve the goals.

 

d.         Hold a summary evaluation conference with the supervisor before May 15 to discuss progress made toward the accomplishment of those goals.

 

e.         A written goal-setting summary evaluation must be completed and given to the teacher by May 31.

 

3.         For a Teacher With Professional Status in the evaluation year this procedure will be followed:

 

a.         Establish two to three (2-3) goals related to the professional standards in collaboration with the supervisor.

 

b.         Hold an initial conference with the supervisor to plan for the achievement of the goals by October 15.  This meeting will be scheduled by the building principal or special education administrator.

 

c.         Be observed one formal observation (pre-observation conference, observation, post-observation conference) and a minimum of one informal observation.  The first observation will take place by January 15 and all observations of teachers with professional status will take place by May 15.

 

d.         Hold a summary evaluation conference between May 15 and May 31 or earlier with the supervisor to determine progress towards the achievement of the goals and to record the activities engaged in during the school year.  A written evaluation must be completed and given to the teacher by May 31.

 

4.         For All Teaching Staff:

 

a.         All observations shall be at least thirty (30) minutes in duration and whenever possible for the whole lesson.

 

b.         Teachers will be given a written copy of the observation within ten (10) school days.

 

c.         Teachers will have five (5) days to return the signed observation.

 

d.         The special education administrator will complete observations of all physical therapists, occupational therapists, speech and language therapists, psychologists and other related service providers.

 

e.         The building Principal will complete all other observations of all teaching staff.

 

f.          A conference with the observer may follow within five (5) school days of the receipt of the observation if either party requests a conference.

 

g.         For reasons that are documented and substantiated, and based on documented deficiencies, which, in the evaluator’s judgment, have an adverse impact on students, a teacher may be evaluated off-cycle.  The evaluator will inform the teacher of such off-cycle evaluation by May 31 of the regular evaluation year.

 

h.         The teacher will acknowledge that he/she has had the opportunity to review his/her evaluation report by signing the copies to be filed within ten (10) school days of its receipt.  The signature in no way indicates agreement with the contents thereof.  The teacher will also have the right to submit a written answer to such material and his/her answer will be attached to the file copy.

 

i.          The teacher, upon request, may review such evaluation with the Superintendent.

 

PRINCIPLES OF EFFECTIVE TEACHING

 

I.          Currency in the curriculum

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

 

II.        Effective Planning and Assessment of Curriculum and Instruction

A.        The teacher plans instruction effectively

B.        The teacher plans assessment of student learning effectively

C.        The teacher monitors students’ understanding of the curriculum effectively                        and adjusts instruction, materials, or assessments when appropriate.

 

III.       Effective Management of Classroom Environment

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

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

 

IV.       Effective Instruction

A.        The teacher makes learning goals clear to students.

B.        The teacher uses appropriate instructional techniques.

C.        The teacher uses appropriate questioning techniques.

D.        The teacher evaluates, tries innovative approaches, and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence to learn.

 

V.        Promotion of High Standards and Expectations for Student Achievement

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

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

 

VI.       Promotion of Equity and Appreciation of Diversity

A.        The teacher strives to ensure equitable opportunities for student learning.

B.        The teacher demonstrates appreciation for and sensitivity to the diversity among individuals.

 

VII.     Fulfillment of Professional Responsibilities.

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

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

C.        The teacher is a reflective and continuous learner.

 

 

ARTICLE XIII – GRIEVANCE PROCEDURE

 

A.        Definitions:

 

1.         Grievance - A grievance is a dispute over the interpretation or application of any provisions of this Contract.

 

2.         Grievant - A grievant may be either an individual, employee, a group or class of employees, or the Association.

 

3.         Days - Days shall mean school days except during the summer recess when days shall mean when the Administrator involved is scheduled to work.

 

B.

1.         All grievances shall specify the nature of the grievance; article or articles violated, and remedy sought.

 

2.         An employee may present a grievance to the employer and have such grievance heard without the intervention of the Association.  However, the Association must be afforded the right to be present at all grievance hearings, and no settlement inconsistent with the terms of the Contract may be affected.

 

3.         If at the end of fifteen (15) workdays next following the occurrence of any grievance or the date of its first knowledge by any employee affected by it, said grievance has not been presented at Level 1, the grievance shall be deemed waived; and any grievance in course under such procedure shall also be deemed waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified in this procedure.  

 

C.        The purpose of Grievance Procedure is to produce prompt and equitable solutions to those problems, which from time to time may arise.  The Committee and the Association desire that the stated Grievance Procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved.

 

 

Level One - Principal or Director

 

A grievant shall present his/her grievance in writing to the appropriate Principal or Director within fifteen (15) workdays of the occurrence of any grievance, or the date of first knowledge of its occurrence by any party affected by it.  The Principal or Director shall meet with the aggrieved within five (5) workdays of receipt of such grievance and render a written decision to the grievant within five (5) workdays of such meeting.

 

Level Two - Superintendent

 

If the grievance has not been resolved at Level One to the satisfaction of the aggrieved, the decision may be appealed to the Superintendent within ten (10) workdays of receipt of such decision.  The Superintendent shall meet with the aggrieved to discuss the allegations within five (5) workdays of receipt of the written appeal and render his/her decision in writing within five (5) workdays of such meeting.

 

Level Three - School Committee

 

If the grievance has not been resolved at Level Two to the satisfaction of the aggrieved, the aggrieved may appeal such decision to the School Committee within ten (10) workdays of receipt of the Level Two decision.  Level Three is available for grievances, which concern matters, which remain under the jurisdiction of the School Committee as a result of the Education Reform Act of 1993.  The Committee, through the Superintendent and the School Committee, shall determine if Level III applies to the grievance.  If Level III is not applicable, Level IV will apply after Level II.    Within fifteen (15) workdays of said meeting, a written response will be sent to the grievant.

 

Level Four - Arbitration

 

A.        If the grievance has not been resolved at Level Three to the satisfaction of the Association, or, if Level Three is not applicable and the grievance has not been resolved at Level Two to the satisfaction of the Association, the Association may, by giving written notice to the School Committee within fifteen (15) workdays after receipt of the decision at Level Three present the grievance for arbitration to the American Arbitration Association in accordance with their rules.  The Arbitrator's decision will be final and binding and in writing and will set forth his/her findings of fact, reasoning, and conclusions on the issues as submitted by the parties.

 

B.        The Arbitrator is without authority to render a decision, which requires the commission of an act, prohibited by state or federal law or violation of the terms of this Agreement.

 

C.        All costs for the services of the Arbitrator shall be borne equally by the parties, except the moving party shall pay the filing fees of the American Arbitration Association.

 

D.        Miscellaneous:

 

1.         A grievance, which shall affect a group or class of employees of the Association, may be initiated at Level Two.

 

2.         No written document or record relating to any grievance shall be filed in the personnel file maintained by the School Department of the Town of Plainville.

 

3.         The time limits herein may be extended in writing by mutual agreement of the parties.

 

4.         All grievance discussions, presentations, responses, etc., from Level Two and on shall take place after the close of the employee's workday.

 

 

ARTICLE XIV – DUES DEDUCTIONS

 

The Committee accepts the provisions of General Law, Chapter 180, Section 17C, and in accordance therewith shall certify to the Treasurer of Plainville all payroll deductions for the payment of dues to the Association duly authorized by individual employee covered by this Contract.  The Committee agrees to make deductions from payment of salary of any employee as specified in writing by such employee concerning credit union transactions, as provided in General Law, Chapter 149, Section 178B.

 

 

ARTICLE XV – SERVICE FEE (AGENCY FEE)

 

In accordance with Massachusetts General Law, Chapter 150E, Section 12, all employees in the Bargaining Unit shall, as a condition of their employment, pay to the Association, the exclusive bargaining agent and representative, a service fee proportionately commensurate with the cost of collective bargaining and contract administration.  The cost is to be determined by the Association who in turn will notify the Superintendent by November 15th regarding staff members affected and method of payment.  This shall include long‑term substitutes who have been hired on the salary schedule.

 

The Association shall indemnify, defend and save the Committee harmless against any and all claims, demands, suits or other forms of liability that my arise out of, or by reason of, any action by the Committee for the purpose of complying with this Article.

 

 

ARTICLE XVI – TAX SHELTERED ANNUITIES

 

The Committee shall enter into a written agreement with any teacher, upon request, for the purchase of any annuity contract pursuant to General Law, Chapter 71, Section 37B.  All participant fees incurred so as to comply with IRS regulations shall be borne by the Plainville School District.

 

 

ARTICLE XVII – COMMUNICATIONS

 

A.        The Superintendent will post a copy of the agenda of each of the Committee’s regular and special meetings in each school building by noon of the day on which the meeting is to be held.

 

B.        Two copies of minutes of each regular and special School Committee meeting will be made available to the President of the Plainville Education Association two days after they have been approved by the Committee.

 

C.        The Committee agrees to notify the Association within a reasonable period of time of filled vacancies by providing the name, position, and hiring date.          

 

D.        During the school year the Superintendent and the Administration team agree to meet on a quarterly basis with representatives of the PEA at a mutually agreed upon date and time in order to facilitate communication among the parties.  A schedule for the meeting will be made prior to the 10th calendar day for each quarter (July 10, October 10, January 10, April 10).

 

 

ARTICLE XVIII – PROTECTION

 

A.        Teachers shall immediately report in writing all cases of assault suffered by them in connection with their employment during school hours of school sponsored activities.  Said report shall be delivered to the Superintendent.

 

B.        The Superintendent shall comply with any reasonable request from the teacher for information in their possession relating to the incident or the persons involved.  The copy of the final report shall be given to the teacher.

 

C.        If civil proceedings are brought against a teacher alleging that the teacher committed an assault and battery in connection with his/her employment, during school hours or school sponsored activities, the teacher may request the Committee to furnish legal counsel to defend him/her in said proceedings.

 

D.        If the teacher is called upon to defend a criminal charge arising out of or while in the course of his/her duties as a teacher, and if said teacher is found not guilty by a court of any such crime, then the Committee shall reimburse said teacher for attorney's fees incurred by said teacher, not to exceed $l, 000.

 

 

 

ARTICLE XIX – CLASS SIZE

 

A.        The Committee and the Association recognize class size impacts upon the opportunity for children to learn and upon the effectiveness of teaching.  The Superintendent shall insure class size of the most effective nature for pupils and teachers.  It will be the responsibility and obligation of the Superintendent to make the final decisions as to class size.

 

B.        At the beginning of the school year, the designated class sizes within a grade shall not be unreasonably disproportionate.

 

C.        Nothing in this article would prevent the Superintendent from establishing and designating certain classes within a grade to be of varying size, with the intended purpose of organizing the instructional arrangement so as to better meet the needs of the children.

 

D.        New children entering school after the school year has started shall normally be placed in those classes with less children, except when such placement would be considered to affect the instructional arrangement as stipulated above.

 

 

ARTICLE XX – REDUCTION IN FORCE

 

A.        In the event that pupil enrollments, curriculum changes, or similar considerations cause the Committee to eliminate any positions, the following procedure shall apply.  This paragraph shall not apply to any position or employee terminated under any other portion of this contract.

 

1.         Positions to be eliminated shall be determined at the sole discretion of the

Committee.

 

2.         Should the Committee decide to reduce the number of employees, it shall make every effort to accomplish said reductions by attrition.

 

3.         Relative to lay off, seniority will govern.

 

4.         If there is a vacancy in any area where a laid off employee is certified or can become certified within one year of the effective date of the layoff, the laid off employee will be offered alternative employment in that area with no loss of seniority in Plainville.

 

5.         Seniority shall mean an employee's total continuous length of service in years, months, and days from the initial date of employment by Plainville.

 

6.         Certification means that an employee has a certificate from the Massachusetts State Department of Education.

 

7.         Any unpaid leave shall be construed to be non-active service and will not be included in determining the total length of service.  However, such leave will not be construed to break active service, and seniority will mean the total number of years and months preceding the unpaid leave, added to the total number of years and months after the unpaid leave of absence or other unpaid leaves not covered by the Agreement but granted at the discretion of the Committee.  A month’s seniority will be awarded to any employee who is in paid status for at least one day more than half the total number of work days for that month.

 

            Employees shall be credited for seniority purposes with all time spent on any leave of absence when the employee is in paid status for one hundred twenty-five (125) or more days in any school year.

 

8.         The Superintendent will forward to the Association a seniority list within thirty (30) days of the execution of this agreement.

 

If no challenge to the list is made by the Association within thirty (30) days of receipt of the list, the list stands as written.

 

An updated list will be provided each year within thirty (30) days of the beginning of the school year, and the Association will have thirty (30) days to challenge the list.

 

9.         Employees to be laid off shall, if possible, be notified in writing by April 15th, but in no event later than June 1st preceding the school year in which the reduction is to be effected.  Said notification shall state the reason for the layoff.

 

10.       Nothing in this Article shall act so as to diminish the rights of teachers under Chapter 71, Sections 41 and 42 of the General Laws of the Commonwealth of Massachusetts.

 

11.       Employees laid off under this paragraph shall be considered for recall in the inverse order of their layoff during a period of one year from the effective date of their layoff, if they so indicate in writing to the Superintendent.

 

12.       Employees laid off under this paragraph shall be given priority on the substitute list during said recall period if they so indicate in writing.

 

13.       Employees serving a recall period shall be notified through the Association President concerning any open position in Plainville for which they may be qualified to fill.  Failure to apply to any such position or failure to accept any offer of employment for any such position shall terminate this requirement.

 

14.       Employees rehired after layoff under this paragraph shall be credited with such salary and fringe benefits, as they were entitled to at the effective date of their layoff.

 

 

ARTICLE XXI – ACCIDENTAL DISABILITY RETIREMENT

 

The Committee will follow Massachusetts General Law, Chapter 32, Section 7 regarding this matter.

 

 

ARTICLE XXII– HEALTH INSURANCE

 

A.        If during the duration of this contract, the Town of Plainville (by Town Meeting vote) should increase the percentage of the premium they pay to Blue Cross/Blue Shield or to a Health Maintenance Organization, that same percentage will be passed on to all persons covered by this Agreement without any further collective bargaining required.  Effective January 1, 2003, the Town’s contribution level will be 75% toward the cost of the HMO Blue family plan.

 

B.        Term Life insurance shall be available to employees up to $5,000.00 with the district’s contribution at fifty percent (50%) of the total cost even if not available to the entire Town.

 

C.        The Committee agrees to accept payment of all administrative costs of a group dental plan which may be subscribed to by school employees through the Plainville Teaches Association/Massachusetts Teachers Association or to accept payment of all administrative costs of a group dental plan which may be provided by the Town of Plainville during the term of this collective bargaining Agreement.

 

D.        Employees shall be entitled to participate fully in any “Flex Plans”, “Cafeteria Plans,” or equivalent plans established by the Town of Plainville.  The aforesaid provision shall be extended to the costs of medical expenses, and dependent childcare expenses even if not available to the entire Town.

 

ARTICLE XXIII – SALARY SCHEDULE

 

Plainville Public Schools

FY2012 Salary Schedule (184 days)

Effective 01 September 2011

 

Step	B	B+15	B+30	M	M+15	M+36	M+60
1	42,543	44,159	44,791	46,445	47,253	48,096	48,914
2	45,261	46,898	47,496	49,184	50,026	50,869	52,050
3	47,496	49,184	49,853	51,470	52,346	53,223	54,127
4	49,850	51,574	52,205	53,927	54,771	55,647	56,594
5	52,313	53,294	54,525	56,209	57,053	57,968	58,953
6	54,630	55,509	56,914	58,638	59,514	60,392	61,419
7	56,951	57,897	59,691	61,412	62,324	63,201	64,275
8	60,075	61,166	63,169	65,345	66,399	67,453	68,600
9	62,746	63,448	64,890	67,280	68,332	69,492	70,673
10	64,616	65,340	66,822	69,285	70,371	71,563	72,779
11	66,541	67,286	68,814	71,349	72,467	73,697	74,950
12	68,537	69,305	70,879	73,489	74,641	75,908	77,198

 

Any teacher compensated on step 12 during FY2011 (September 1, 2010 – August 31, 2011) will receive an additional salary increase of 1% in FY2012 (September 1, 2011 – August 31, 2012) as follows:

12 R

69,222

69,998

71,588

74,224

75,387

76,667

77,970

 

Nurse Salary Schedule:

 

Step	Nurse
1	42,543
2	45,261
3	47,496
4	49,850
5	52,313
6	54,630
7	56,951
8	60,075
9	62,746
10	64,616
11	66,541
12	68,537

 

 

ARTICLE XXIII – SALARY SCHEDULE

 

Plainville Public Schools

FY2013 Salary Schedule (184 days)

Effective 01 September 2012

 

Step	B	B+15	B+30	M	M+15	M+36	M+60
1	43,181	44,821	45,463	47,141	47,961	48,818	49,648
2	45,940	47,601	48,209	49,922	50,776	51,632	52,830
3	48,209	49,922	50,600	52,242	53,132	54,021	54,939
4	50,598	52,348	52,988	54,736	55,593	56,482	57,443
5	53,097	54,093	55,343	57,052	57,908	58,837	59,837
6	55,450	56,342	57,768	59,517	60,407	61,298	62,341
7	57,805	58,766	60,587	62,333	63,259	64,149	65,239
8	60,976	62,084	64,116	66,325	67,395	68,464	69,629
9	63,688	64,400	65,864	68,289	69,357	70,534	71,733
10	65,585	66,320	67,825	70,324	71,426	72,637	73,871
11	67,539	68,296	69,847	72,419	73,554	74,802	76,074
12	69,565	70,344	71,942	74,591	75,760	77,047	78,356

 

ARTICLE XXIII – SALARY SCHEDULE

 

Plainville Public Schools

FY2014 Salary Schedule (184 days)

Effective 01 September 2013

 

Step	B	B+15	B+30	M	M+15	M+36	M+60
1	43,829	45,494	46,145	47,848	48,681	49,550	50,393
2	46,630	48,315	48,932	50,671	51,538	52,407	53,623
3	48,932	50,671	51,359	53,026	53,929	54,831	55,763
4	51,357	53,133	53,783	55,557	56,426	57,329	58,304
5	53,894	54,905	56,173	57,908	58,777	59,720	60,735
6	56,281	57,187	58,634	60,410	61,313	62,218	63,276
7	58,672	59,647	61,496	63,268	64,208	65,111	66,218
8	61,891	63,015	65,078	67,320	68,406	69,491	70,674
9	64,643	65,366	66,852	69,314	70,397	71,592	72,809
10	66,569	67,315	68,842	71,379	72,498	73,726	74,979
11	68,552	69,320	70,894	73,506	74,657	75,925	77,215
12	70,608	71,400	73,021	75,710	76,897	78,203	79,531

 

Any teacher compensated on step 12 during FY2013 (September 1, 2012 – August 31, 2013) will receive an additional salary increase of 1% during FY2014 (September 1, 2013 – August 31, 2014) as follows:

12R

71,314

72,114

73,751

76,467

77,666

78,985

80,326

 

 

A.        Longevity Payments:

 

Years	Stipend
11-15	$   800
16-20	$   900
21-25	$1,000
26-30	$1,500
31+	$2,000

 

1.         Eight hundred dollars ($800.00) shall be added in the applicable contract year to the base salary of each teacher who has ten (10) years or more, but less than sixteen (16) years of service within the Plainville School System as a teacher.

 

2.         Nine hundred dollars ($900.00) shall be added in the applicable contract year to the base salary of each teacher who has fifteen (15) years or more but less than twenty-one (21) years of service within the Plainville School System as a teacher.

 

3.         One Thousand dollars ($1,000.00) shall be added in the applicable contract year to the base salary of each teacher who has twenty (20) years or more, but less than twenty-six (26) years of service within the Plainville School System as a teacher.

 

4.         Fifteen hundred dollars ($1,500.00) shall be added in the applicable contract year to the base salary of each teacher who has twenty-five (25) years or more, but less than thirty-one (31) years of service within the Plainville School System as a teacher.

 

5.         Two thousand dollars ($2,000.00) shall be added in the applicable contract year to the base salary of each teacher who has thirty (30) years or more of service within the Plainville School System as a teacher.

 

B.        Salary increments are not automatic and may be withheld for unsatisfactory professional performance by the Superintendent of Schools.

 

C.        One (1) credit shall be given to the President of the Plainville Education Association.  Not more than one (1) credit shall be given to an individual for the same position in the same organization over a five-year period.

 

D.        Teachers shall advance along the horizontal "lanes" of the salary schedule on September 1st and on January 31st upon submission to the Superintendent of Proof of completion of the necessary credits or degree requirements.

 

E.         Upon the submission of proof of completion of the necessary credits or degree requirements, teachers shall advance along the horizontal “lanes” of the salary schedule on September 1st and on January 31st, provided they provide documentation satisfactory to the Superintendent no later than January 1st or September 1st in order to move on September 1st or January 31st respectively.

 

F.         Mileage:  Teachers who are required to use their automobiles during the course of their employment shall be reimbursed for mileage at the rate set by the town of Plainville.

 

 

ARTICLE XXIV - DURATION

 

A.        This Agreement shall become effective on September 1, 2011, and shall continue in force and effect to and including August 31, 2014.

 

B.        If any provision of this Agreement shall be found contrary to law, then such provision shall not be deemed valid and subsisting except to the extent provided by law; but all other provisions shall continue in full force and effect.

 

C.        IN WITNESS WHEREOF, the parties to this Agreement have caused these presence to be executive in duplicate by their respective representatives hereunto duly authorized, and their seals to be affixed hereto as of the date first above written.

 

FOR THE SCHOOL COMMITTEE                               FOR THE ASSOCIATION

 

_____________________________                                  __________________________

Kelly Sachleben, Chair                                                       Susan C. Lareau, Co-President

                                                                                            Plainville Education Association

 

                                                                                            __________________________

                                                                                            Cheryl A. Mazzeo, Co-President

                                                                                            Plainville Education Association

 

                                                                                             __________________________

                                                                                            Robin Roberts-Pratt, Spokesperson

                                                                                            P.R.&R.

 

                                                                                            __________________________

                                                                                            Margaret Deeney

 

                                                                                            __________________________

                                                                                            Kathleen Healey

 

                                                                                            __________________________

                                                                                            Wendy Mullin

 

                                                                                            __________________________

                                                                                            Hilary Robinson

 

 

 

APPENDIX A - STIPENDS

 

Plainville Public Schools

 

 

PLAINVILLE PUBLIC SCHOOLS

Teacher Evaluation Goal Setting Instrument

 

All professional staff members will collaborate with their supervisors to create 2 to 3 goals for each school year.  These goals become part of the goal setting summary evaluation at the end of the school year.  The goals that are mutually agreed upon need to reflect the Principles of Effective Teaching as listed below.

 

TEACHER’S NAME __________________________

GOALS

 

CURRENCY IN THE CURRICULUM

 

 

 

EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

 

 

 

EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

 

 

 

EFFECTIVE INSTRUCTION

 

 

 

PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

 

 

 

PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

 

 

 

FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

 

Teacher’s Signature ___________________________  Supervisor’s Signature ______________

PLAINVILLE PUBLIC SCHOOLS

Informal Observation Form

 

Teacher Observed____________________________           Date___________________

 

Time _____________________________________             Observer _______________

 

Rating Scale:               1      Not up to effective teaching standards

2           Needs Improvement

3           Good

4           Excellent

 

Effective Planning and Assessment of Curriculum and Instruction

 

1.  Teacher planned lesson effectively.                                   ______

2.  Teacher prepared materials in advance of lesson               ______

3.  Teacher monitors students’ understanding of the

     curriculum effectively and adjusts instruction,

     materials, or assessment when appropriate.                       ______

 

Comments:

___________________________________________________________________________________________________________________________________________________________

 

Effective Management of Classroom Environment

 

1.  Teacher creates an environment that is positive for

     student learning and involvement.                                     ______

2.  Teacher maintains appropriate standards of behavior,

     mutual respect, and safety                                                 ______

 

Comments:

____________________________________________________________________________________________________________________________________________________________

 

Effective Instruction

 

1.  Teacher uses appropriate instructional techniques.            ______

2.  Teacher makes learning goals clear to students.                ______

3.  Teacher tries innovative approaches to increase student

     learning.                                                                             ______

4.  Teacher makes effective use of technology.                      ______

 

Comments:

______________________________________________________________________________

______________________________________________________________________________

PLAINVILLE PUBLIC SCHOOLS

Informal Observation Form

(page 2)

 

Promotion of High Standards and Expectations for Student Achievement

 

1. Teacher communicates learner goals and high standards

    and expectations to students.                                             ______

2.  Teacher promotes confidence and perseverance in the

     students to help them become independent learners.        ______

 

Comments:

____________________________________________________________________________________________________________________________________________________________

 

Promotion of Equity and Appreciation of Diversity

 

1.  Teacher strives to ensure equitable opportunities for all

     student learners (evidence of differentiated instruction)              ______

2.  Teacher makes appropriate accommodations for

     struggling learners.                                                             ______

 

Comments:

____________________________________________________________________________________________________________________________________________________________

 

Commendations and Recommendations from the Observer:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

 

Observer’s Signature ____________________________   Date___________________________

 

Teacher’s Signature  _____________________________  Date___________________________

 

 

The teacher’s signature on this form indicates that he/she has seen all comments on the form and does not necessarily indicate agreement with the observation report.

 

PLAINVILLE PUBLIC SCHOOLS

Formal Classroom Observation Report

 

Teacher’s Name          ________________________________________________

Position                       ________________________________________________

Observer’s Name        ________________________________________________

Date                            ________________________________________________

Time                            ________________________________________________

School                         ________________________________________________

 

Goals

(Discussed in Pre-Observation Conference)

 

 

 

 

 

 

 

Observation (Description)

 

 

 

 

 

 

 

Post Observation Conference

(Summarization/ Commendations and Recommendations)

 

 

 

 

 

 

 

 

This information has been mutually discussed by the supervisor and the staff member.  The staff member’s signature does not indicate approval.

 

Supervisor’s Signature _____________________________    Date _______________

 

Teacher’s Signature     ______________________________   Date _______________

PLAINVILLE PUBLIC SCHOOLS

Goal Setting Summary Evaluation

 

Name _______________________________________________

 

Date of Evaluation Conference___________________________

 

School ____________________________    Grade/Subject ____________________

 

 

1. Two to three goals for this school year are:

 

Goal	Principle of Effective Teaching	How will it be measured?	Was goal completed?	Evidence
1.
2.
3.

 

Goal Setting Summary Evaluation

(page 2)

 

 

1.         WHAT PROFESSIONAL CONTRIBUTIONS DID YOU MAKE TO THE PLAINVILLE PUBLIC SCHOOLS THIS SCHOOL YEAR?

 

2.         WHAT ADDITIONAL ACCOMPLISHMENTS WOULD YOU LIKE TO ATTACH TO THIS EVALUATION?

 

3.         SUMMARY COMMENTS BY SUPERVISOR:

 

STRENGTHS:

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

RECOMMENDATIONS FOR IMPROVEMENT:

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

 

Teacher’s Signature________________________Date_____________________

 

Supervisor’s Signature______________________Date:_____________________

 

Teacher’s signature indicates receipt of the evaluation.  It does not signify agreement.