Randolph

COLLECTIVE BARGAINING AGREEMENT

Between

THE SCHOOL COMMITTEE TOWN OF RANDOLPH

And The

RANDOLPH EDUCATION ASSOCIATION

RANDOLPH, MASSACHUSETTS

(September 2008 - August 2011)

RANDOLPH SCHOOL COMMITTEE

Lawrence B. Azer, Chair

Marybeth Nearen, Vice-Chair

Paul Meoni

Tamara Pitts

Sharon E. Swain

SUPERINTENDENT OF SCHOOLS

Richard H. Silverman, Ed.D.

ASSISTANT SUPERINTENDENT OF SCHOOLS

Jonathan Landman, Ed.D.

RANDOLPH EDUCATION ASSOCIATION

Karen Manning, President

Stephen LeClair, Vice-President, High School

Sharon Bamberg, Vice-President, RCMS

Sheila Hanley, Vice President, Elementary

Robert Gillin, Treasurer

Jaymee Wilson, Recording Secretary

Maria Grundig, Corresponding Secretary

NEGOTIATING TEAM

Karen Manning, Chairperson

Sharon Bamberg

Stephen LeClair

Katharine O'Meara

Ashley Adams, MTA UniServ Consultant

This collective agreement is published by the

SCHOOL COMMITTEE

TOWN OF RANDOLPH

AND THE

RANDOLPH EDUCATION ASSOCIATION

RANDOLPH, MASSACHUSETTS

(September 2008 - August 2011)

TABLE OF CONTENTS

FOREWORD

The School Committee is a public body established under and with the powers provided by the Statutes of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed to derogate from, or impair, any power, right or duty conferred upon the Committee by statute or rule or regulations of any agency of the Commonwealth except as specifically provided by Chapter 150EM.G.L.

Subject only to the terms expressly set forth herein, as to every matter not specifically mentioned, or provided for in the Agreement, the Committee retains all the powers, rights and rules that it has by law and may exercise the same at its discretion without any such exercise being made the subject of a grievance or arbitration proceeding hereunder.

AGREEMENT

This AGREEMENT, entered into this 1st day of September 2008, between the School Committee of the Town of Randolph, Massachusetts, hereinafter referred to as the "Committee," and the Randolph Education Association, affiliated with the Norfolk County Teachers Association, Massachusetts Teachers Association and with the National Education Association hereinafter referred to as the "Association."

PREAMBLE

It has been the intention of the parties by the consummation of this agreement to continue their harmonious relations, to promote mutual cooperation and understanding, to formulate rules and to define and resolve the proper interest of the teachers in their rights of compensation and conditions under which they perform their duties, all with a goal of improving the educational system of the Town of Randolph.

The parties acknowledge that the Committee has complete authority over policies and administration of the schools which it exercises under law and that this vehicle of collective bargaining will provide the teachers the opportunity to bargain collectively on matters of wages, hours, and other conditions of employment as well as an opportunity to bring their knowledge and experience to bear on matters of professional concern together with that of the Committee, with a goal of assisting in solving the growing problems inherent in the advancement of education.

ARTICLE I

RECOGNITION

SECTION 1.    Subject to the provisions of Chapter 150E M.G.L. and any applicable amendments or provisions of State or Federal law now or hereafter in effect and in recognition of the fact that a majority of the employees in the Unit A described below, in an election conducted by the Massachusetts Labor Relations Commission in case MCR-108 on February 13, 1967, have designated the Randolph Education Association as their bargaining representative on all matters cognizable as mandatory subjects for bargaining, the Committee recognizes the Association as exclusive bargaining representative of all employees in the following unit:

All teachers including permanent substitute teachers, guidance counselors, school psychologists, social workers, school adjustment counselors, occupational therapists, Speech/Language Pathologists in the elementary, middle school and high schools, library/media specialists, nurses and including those persons whose duties are primarily those of a teacher regardless of classification, but excluding

the Superintendent of Schools, Assistant Superintendent of Schools and all Principals, Assistants or Assistants to the Principals, Directors, Assistant Directors and Supervisors, per diem substitutes, casual teachers, and all other employees of the Randolph School Department. It is also understood that head teachers, department chairpersons and elementary assistant principals are excluded while performing in such a capacity.

SECTION 2.    Nothing contained in this Agreement shall be construed to prevent any teacher or group of teachers not acting on behalf of any employee organization or representing anyone but themselves from at any time discussing any problems with any of their supervisors, the Committee, or other representatives of the Committee, nor shall any action taken by said supervisors, Committee, or its representatives as a result of such discussion be the subject of a grievance otherwise legally contested by said Association unless such action is in specific and direct contravention of express language in a specific provision of this Agreement. The Association will be notified and have a right to attend any such session before the Superintendent or Committee.

SECTION 3.    This Agreement incorporates the entire understanding of the parties on all issues, which were or could have been the subject of negotiations. During the term of the Agreement neither party shall be required to negotiate with respect to any such matter whether or not covered by the Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

SECTION 4.    The parties are agreed that the relations between them shall be governed by the terms of the Agreement only. No change or modifications of this Agreement shall be binding on either the Association or the Committee unless reduced to writing as executed by the respective duly authorized representatives.

ARTICLE II

ACADEMIC FREEDOM

SECTION 1.    The private and personal life of a teacher is not within the appropriate concern or attention of the Committee, except as it may be shown to interfere with the teacher's responsibilities to and relationship with students and/or the school system.

SECTION 2.    Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher (provided such activities do not take place during his working hours) or the lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.

SECTION 3.    There shall be no discrimination, interference, restraint, or coercion by the Committee, the Association or their respective agents against any teacher because of membership or non-membership in the Association. The services of the Association in the capacity of bargaining agent shall be available to all professional employees in the unit covered by this Agreement who are eligible for membership.

ARTICLE III

PAYROLL DEDUCTIONS

SECTION 1.    The Committee agrees that from and after the receipt of written authorization in the form set below, and prior to any revocation thereof, it will deduct from the salary of the teacher signing such authorization Association dues or Agency Fee as therein authorized and will remit the amount so deducted in accordance with such authorization provided that the Committee shall be under no obligation to make any such deduction as aforesaid after the termination of the term of this Agreement, and provided that the Committee may immediately cease making such deduction as set forth in Section 2 below. The Association shall allow a three (3) week period of time for the Committee to commence payroll deductions following submission for authorization.

SECTION 2.    This authorization shall remain in effect until written revocation of this authorization is sent to the Committee, Superintendent and Association, which shall become effective 60 days from receipt of said notification.

SECTION 3.    The Committee will incur no liability for loss of monies collected pursuant to this article after depositing same, properly addressed, to the Association in the U.S. Mail (Registered Mail) or after delivering said monies in person to the Treasurer of the Association.

AUTHORIZATION

To: TREASURER, Town of Randolph

Randolph, Massachusetts 02368

I hereby authorize the Treasurer of the Randolph Education Association to bill me annually for the current dues of the Randolph Education Association, the Norfolk County Teachers' Association, the Massachusetts Teachers' Association and the National Education Association or the current Agency Fee.

If for any reason the total current dues or the total current Agency Fee are not paid to the Treasurer of the local Association by December 15th, I hereby agree to have the Treasurer of the Town of Randolph and/or the School Committee of the Town of Randolph deduct from my salary said dues or the said agency fee in six (6) equal amounts, under the provisions of applicable M.G.L.

Any such authorization may be withdrawn by said teacher by giving at least 60 days' notice in writing of such withdrawal to the Town Treasurer, the School Committee and the Treasurer of the local Association.

Date: _____________________________________________________________

Signature: ________________________________________________________________

SECTION 4.    The Committee, in conjunction with the Town Treasurer, will offer direct deposit to its employees.

ARTICLE IV

PROFESSIONAL CONSULTATIONS

SECTION 1.    In recognition of the professional standing of teachers and the fact that teachers' ideas and opinions systematically and periodically collated and expressed are of significant value in improving the quality of education, as well as in the efficient and economical operation of the Randolph School System; and in recognition of the Association's knowledge of the ideas and opinions of teachers, the procedures set forth below will be followed:

A.        The Committee agrees that not more frequently than once every two months, it or its designated representatives will, upon request of the Association, meet at a reasonable time and place with the Association to consult about any matter of concern or interest to the Association.

B.        The Association agrees that prior to one week before the date scheduled for said consultation, the Association will submit the written agenda of subjects about which it desires to consult at the meetings to the Superintendent.

C.        The parties agree that the consultation will be confined to subjects on the agenda.

D.        No matter may be discussed which involves any item expressly covered by this Agreement or any matter which was a specific proposal.

ARTICLE V

RIGHTS OF COMMITTEE

The Committee is a public body established under and with the powers provided by the statutes of the Commonwealth of Massachusetts. As the selected representatives of the citizens of Randolph charged with the responsibility for the quality of education of the Randolph School System, it is acknowledged that the Committee has the final responsibility of establishing the education policies of the Public Schools of Randolph.

Nothing in the Agreement shall be deemed to derogate or impair the powers and responsibilities of the Committee under the statutes of the Commonwealth or the rules and regulations of any agencies of the Commonwealth. Said rights and powers include, but in no way are construed as limited to, the subjects mentioned in the table of contents of this Agreement.

As to every matter not expressly covered by this Agreement and except as are specifically or directly modified by the express language in a specific provision of this Agreement, the Committee retains exclusively to itself all rights and powers that it has or may hereafter be granted by law, and may exercise the same at its discretion without such exercise being made the subject of a grievance, arbitration proceeding, or unfair practice charge.

ARTICLE VI

GRIEVANCES

SECTION 1.

A.        For the purpose of this Agreement a grievance shall be defined as an alleged violation of a provision of this Agreement.

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

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

D.        The purpose of this procedure is to secure at the lowest possible administrative level equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

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

F.         Should a grievance affect three or more teachers, then it may be considered by the Professional Rights and Responsibilities Committee as a group grievance, and same may be filed in writing at Level 3, provided the teachers involved are identified, unless the grievance is common to all the teachers covered by this Agreement. The Professional Rights and Responsibilities Committee shall have the right to process said grievances through all levels of the grievance procedure. In the event a grievance is filed on or after June 1 which if left unresolved until the beginning of the following school year could result in irreparable harm to the party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

SECTION 2.    A grievance must be presented within ten (10) school days of the time of the occurrence of the alleged contract violation or within ten days of the time when the aggrieved reasonably should have had knowledge of the alleged violation and must be processed in accordance with the steps, time limits and conditions set forth below in this Article.

Level 1.          The Aggrieved or party of interest shall present the grievance in writing to the Principal of his/her building or the appropriate supervisor. The written grievance shall give a specific summary of the facts involved, the provision(s) of this Agreement allegedly violated and the remedy sought. The Principal or supervisor and the aggrieved, and the President of the Association or his/her designee, shall meet within ten school days to discuss the grievance. The Principal or supervisor shall respond in writing within ten school days of the Level 1 meeting. If the grievance is not settled to the satisfaction of the aggrieved employee at this step, it may proceed to Level 2.

Level 2.          The written grievance will be presented to the Superintendent, within ten (10) school days after receipt of the administrator's written response, and a copy shall be sent to the President of the Association. The written grievance shall give a specific summary of the facts involved, the provision(s) of this Agreement allegedly violated and the remedy sought. The Superintendent or his/her designee and the aggrieved, and the President of the Association or his/her designee, shall meet within ten (10) school days to discuss the grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. The Superintendent or his/her designated representative shall give to the aggrieved person and the President of the Association his/her written answer to the grievance within ten (10) school days following the conclusion of the meeting. If the grievance is not satisfactorily settled at this step, it may proceed to Level 3.

Level 3.          The Level 2 decision must be appealed in writing within ten school days after receipt of the written answer of the Superintendent by the aggrieved to the Committee, and a copy shall be sent to the President of the Association. The Committee or its designated representative and the aggrieved person, counsel and/or authorized representative of the Association shall meet to discuss the grievance as promptly as possible, no later than fifteen (15) school days, at a time mutually agreed upon by the Chairman of the Committee and the President of the Association. But, in any event, if any person or persons are to represent the teacher at this meeting, the Committee will be informed in writing prior to three days before the meeting, of the names and titles of such person or persons. The Committee or its designated representatives shall elect whether this discussion shall take place during working hours or not. The Committee will give its written answer to the grievance within ten (10) school days following the conclusion of the meeting, with a copy sent to the aggrieved person and the President of the Association. If no satisfactory settlement of the grievance is made, it may proceed to Level 4.

Level 4.          The Level 3 decision may be appealed to arbitration by written notice of such intention to appeal within ten (10) school days after the receipt of the written answer under Level 3. This appeal to arbitration shall be in accordance with the procedure and conditions set forth in Article VII.

SECTION 3.    A grievance not initiated within the time specified shall be deemed waived. Failure of the aggrieved person or the Association to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal.

Failure of the Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual written agreement of the parties.

SECTION 4.    No reprisals of any kind will be taken by the Committee or any member of the Administration against any party in interest, any school representative, any member of the Professional Rights and Responsibilities Committee, or any participant in the grievance procedure by reason of such participation.

SECTION 5.    Any party in interest may be represented at all stages of the grievance procedure by a person of his/her own choosing from within the bargaining unit or a representative of the Association and/or its affiliates. When an aggrieved person is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure except at Level 1.

SECTION 6.

A.        The Committee will, upon request, provide the Association with any documents in its possession which will assist the Association in developing intelligent, accurate, informed, and constructive programs on behalf of the teachers and their students. The Committee minutes, with the exception of those of Executive Session, are available for the perusal of the Professional Rights and Responsibilities Committee of the Association at the administrative offices. Material which is used by the Committee in the preparation of negotiations and/or grievances shall not be subject to this provision.

B.         All documents, communications and records used in the processing of a grievance will be filed separately from the personnel file of the aggrieved person and shall be made available on request to the aggrieved person and the Association.

ARTICLE VII

ARBITRATION

SECTION 1.    In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by the following procedure:

The arbitrator is to be mutually selected by the Committee and the Association. If the Committee and the Association cannot agree within seven school days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall within five school days, thereafter upon written request to the other, request the Massachusetts Board of Conciliation and Arbitration to provide a panel of arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor Arbitration Rules.

SECTION 2.    Each party shall bear the expense of its representatives, participants and witnesses and for the preparation and representation of its own case. The fees and expenses (if any) of the Arbitrator and the Massachusetts Board of Conciliation and Arbitration shall be shared equally by the parties, provided that the obligation of the Committee to pay shall be limited to the obligation which the Committee can legally undertake in that connection. In no event shall any present or future member of the Committee have any personal obligation for any payment under any provision of this Agreement.

SECTION 3.    The Arbitrator shall be bound by the procedure set forth in the Voluntary Labor Arbitration Rules as now in effect or hereafter established by the Massachusetts Board of Conciliation and Arbitration. He/she shall arrive at his/her decision solely upon the facts, evidence and contentions as presented by the parties through the arbitration proceedings. The Arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement and in reaching his/her decision shall interpret this Agreement in accordance with the commonly accepted meaning of the words used herein and the principle that there are no restrictions intended upon the rights and authority of the Committee other than those expressly set forth herein. Subject to the foregoing, the decision of the arbitrator shall be final and binding upon the parties.

SECTION 4.    Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for arbitration unless it involves a grievance as specifically defined in Article VI, Section 1 (a).

SECTION 5.    Sections 1 through 4 above are subject to Massachusetts General Laws, Chapter 150E, Section 1-16.

ARTICLE VIII

STRIKES-PUBLIC PRESSURES

During the term of the Agreement or any extension or renewal hereof, the Association or its agents shall not cause, sponsor, or assist and no professional employee covered by this Agreement shall cause or participate in any strike, work stoppage, consorted absences or other illegal activities directed against the Randolph School System. If the Association disclaims such activities publicly and in writing to the Committee and advises the individuals concerned that the activity is illegal and in violation of contract and instructs them to cease such activity, it shall not be liable in any way thereof.

ARTICLE IX

RELIEF FROM NON-TEACHING DUTIES

SECTION 1.    The Committee and the Association acknowledge that a teacher's prime responsibility is to teach, and that his/her energies should, to the extent possible, be utilized to this end.

SECTION 2.    Teachers will not be required to perform the following duties:

A.          Health services such as administering eye or ear examinations and measuring pupils.

B.          Delivering books to classrooms.

C.          Collecting money from students other than milk, insurance, and pictures. Teachers may be required to collect money for educational purposes but will not be required to tabulate or account for such money.

D.          Cafeteria duty.

SECTION 3.    Recognizing that there are added responsibilities at the elementary and middle school levels in the loading and unloading of buses of children, before and after school duties will be reimbursed as follows:

Teachers may volunteer to assume duty at the rate of $1687 annually for 180 days of duty. At the middle school level, 2 teachers will be paid for this responsibility in the A.M. and 2 teachers will be paid in the P.M. At the elementary level a specified number in accord with the following will be paid: 450-600 students - 4 teachers A.M., 4 teachers P.M.; 300-450 students, 2 teachers A.M., 2 teachers P.M.; under 300 students - 1 teacher A.M., 1 teacher P.M. If no teachers volunteer in the case of an absence of a volunteer teacher, teachers may be assigned on a rotating basis. Payment for such assignment will be on a pro - rata basis. If more than the needed teachers volunteer, seniority will be considered. Floaters and/or itinerant* specialists who do not wish to participate shall be excluded.

*Floater and/or itinerant teacher: anyone who is assigned to more than one building or a person who does not have a permanent work station in the building under consideration.

ARTICLE X

TEACHER EMPLOYMENT AND REEMPLOYMENT

SECTION 1.    Credit not to exceed three years for military experience and not to exceed two years for Peace Corps, Vista work and/or Federal and State sponsored teacher programs will be given.

SECTION 2.    Teachers with previous teaching experience in the Randolph Public Schools System, including those on approved leaves of absence, will upon returning to the system receive full credit on the salary schedule for all outside work up to the maximum set forth in Section 1 above. Teachers who have not been engaged in teaching on a full-time basis will upon returning to the system be restored to that next position on the salary schedule above that at which they left, except that teachers who have been out for a period of ten (10) years or more will be required to take two (2) graduate courses per year for the first three (3) years upon return. If the teacher has received an advanced degree or taken six (6) courses during the three-year period prior to return, he/she will not be required to meet this qualification. A teacher may be given credit toward this six-course requirement by the application of any course taken during the three (3) years preceding his/her return.

SECTION 3.    The Committee will not hire any teacher who is not certified in one of the states of these United States. The only exception to the above will be in the area of approved teacher exchange programs that may be initiated.

ARTICLE XI

TRANSFERS

Although the Committee and the Association recognize that some transfer of teachers from one school to another is unavoidable, they also recognize that frequent transfer of teachers is disruptive of the educational process and interferes with optimum teacher performance.

Therefore, they agree as follows:

A.        The Superintendent's office, in conjunction with the Committee, shall compile the final Reduction in Force list and any other documentation needed to determine the staffing patterns for the following year.

B.        The Superintendent, or his/her designee, working cooperatively with the building principals and program administrators, will determine the grades, classrooms and secondary subject areas to be staffed and operative for the following school year.

C.        Upon completion of the staffing requirements for the following school year, the Superintendent will establish a list of temporary openings on a system-wide basis after making teaching assignments. A copy of such list will be furnished to the Association.

D.        A list of vacancies in any school will be made available to all teachers being transferred.

E.         When a reduction in the number of teachers in a school is necessary, volunteers will be considered first, if volunteers qualify for the positions.

F.         When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance and length of service in the Randolph School System will be considered in determining which teacher is to be transferred.

G.        Teachers being involuntarily transferred will be transferred only to a comparable position.

H.        An involuntary transfer will be made only after a meeting between the teacher involved, an Association representative, and the Superintendent or his/her designee at which time the teacher will be notified of the reasons for the transfer.

I.          Notice of transfers will be given to teachers as soon as practicable and under normal circumstances not later than June 15^th. The parties acknowledge that it is desirable to provide the employee who is being transferred with as much advance notice as is possible. The parties also recognize that factors such as staffing levels, student enrollment numbers, budget development, and State funding issues may result in the need to make such transfer decisions and notifications after June 15^th . When such later notice is necessary, the Committee will make every effort to provide such notice promptly.

J.         In filling vacancies the Superintendent shall fill them in the following order: (a) involuntarily transferred teachers; (b) teachers previously involuntarily transferred and (c) teachers requesting transfers and teachers returning from approved leave of absence. Exceptions to the above provisions may be made only if the Superintendent determines that it is necessary to do so in the best interest of the Randolph School System. Upon request the Association will be notified of all such instances in which the Superintendent so determines.

K.        Teachers desiring a transfer will submit a written request to the Superintendent stating the assignment preferred. Such requests must be submitted between September 1 and May 1 of each school year to be considered for the next school year. Requests must be renewed each year. All requests will be acknowledged in writing.

L.         Before a teacher is assigned or transferred to a particular school, the principal of the school in question will be consulted, if said principal is available in a reasonable length of time, regarding said assignment or transfer.

M.        It is recognized that the final decision of transfer or assignment must rest with the Superintendent.

ARTICLE XII

VACANCIES

SECTION 1.    Whenever any vacancy in a full-time or part-time professional position within this contract occurs during the school year (September through June), and when the Superintendent determines to fill such vacancy, it will be adequately publicized by the Superintendent by means of a dated notice placed on the Association bulletin board in every school as far in advance as possible. The immediate posting of all vacancies and newly created positions shall be the sole responsibility of the Superintendent or his/her designee. In addition, during the months of July and August, written notice of any such vacancy will be sent via registered mail to the Association provided that the Association names the individual and the mailing address by the last day of school, and such summer vacancies will be posted on the public bulletin board in the outer office of the Administration Building. In both situations, the qualifications for the positions, its duties and the rate of compensation will be clearly set forth for a particular position and will not be changed when such future vacancies occur unless the Association has been notified in advance of such changes and the reasons therefore. No vacancy will be filled, except on a temporary basis, within fourteen (14) school days (or the summer equivalent) from the date the notice is posted in the schools or the giving of notification to the Association. Under normal circumstances, a position will not be filled on a temporary basis for longer than 85 days.

SECTION 2.    All qualified teachers will be given adequate opportunity to make application and be interviewed for such positions, and the Superintendent agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors. In filling such vacancies, consideration will be given to qualified teachers already employed by the Committee, and each teacher applicant not selected will, upon request, receive an oral explanation from the Superintendent or his/her designee. Appointments will be made not later than 60 days after the notice is posted in the schools or the giving of notification to the Association.

SECTION 3.    Appointments will be made without regard to race, age, creed, color, religion, maternity, sex or marital status and any other categories required by State and Federal laws.

SECTION 4.    All internal applicants for each position will be notified in writing within 14 days after the position has been filled.

SECTION 5.    It is recognized that the final decision of the filling of vacancies and promotions must rest solely with the Superintendent.

ARTICLE XIII

SUMMER, EVENING AND FEDERAL PROGRAMS

SECTION 1.

A.        All educational positions when available under summer, evening or Federal programs, and subject to Section 2 of this Article, will be filled first by regularly appointed professional educators covered by the Agreement who are qualified to fill the position.

B.        Said positions will be publicized by the Superintendent in each school building within 20 days after notification of acceptance of the project and teachers who have applied for such positions will be notified of the action taken regarding their applications within 14 days after the notification of acceptance of the project.

C.        In filling such positions, the Superintendent and the Committee will give consideration to a teacher's area of competence, major and/or minor field of study, quality of teaching performance, attendance record and length of service in the Randolph School System, and no candidate will be automatically reappointed without a review. Decisions of the Superintendent concerning filling said positions shall not be subject to the grievance procedure as herein provided.

SECTION 2.    Nothing herein shall be construed to prohibit or preclude the participation by the Committee in any Federal Program. Should any provisions be considered by any Federal Authority to be a bar to said participation, then the Committee and Association agree that to the extent that this Article is a bar to said participation, it shall be deemed null and void and of no force or effect.

ARTICLE XIV

TEACHER ASSIGNMENT

SECTION 1.    Teachers will be notified in writing of any change of their program for the coming year, including the schools to which they will be assigned, the grades and/or subjects that they will teach and any special or unusual classes that they will have before July 15 for elementary and July 15 for secondary, if possible.

SECTION 2.    In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned, except temporarily or for good cause, outside the scope of their teaching certificates and/or their major fields of study.

SECTION 3.    To the extent possible, changes in grade assignment in the elementary schools and in subject assignment in the secondary schools will be voluntary.

SECTION 4.    Teacher assignments will be made without regard to race, creed, age, color, religion, maternity, sex, marital status and any other categories required by State and Federal laws.

SECTION 5.    In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teachers assigned to more than one school in one school day will receive reimbursement for any interschool driving. The rate to be paid will equal the approved federal tax deduction. Any changes in the federal tax deduction will be in effect the following July 1st. No itemized statement of less that $5.00 total will be processed at one time.

ARTICLE XV

TEACHER EVALUATION

SECTION 1.    All observation of the work performance of a teacher will be conducted openly and with a full knowledge of the teacher. Teachers will be given a copy of any evaluation report prepared by their superiors consistent with the timelines set forth in the evaluation process guidelines and will have the right to discuss such report with their superiors.

SECTION 2.

A.        Teachers have the right, upon request, to review the contents of their personnel file within 24 hours or during the next school day following the request. A teacher will be entitled to have a representative of the Association accompany him/her during such review.

B.        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 materials by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicated agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the file copy.

SECTION 3.    The Association recognizes the authority and responsibility of the principal and/or the properly authorized program administrator for disciplining or reprimanding a teacher for delinquency of professional performance. However, all such discipline or reprimands shall be made in private. Whenever a teacher is to be disciplined or reprimanded, he/she will be entitled to have a representative of the Association and, in such cases, the administration may also be entitled to a witness. It is understood that such entitlement to representation does not apply in cases where teachers routinely meet to discuss evaluation reports with their supervisor or when discipline and reprimands are not at issue.

SECTION 4.    Whenever the Superintendent establishes a committee to work on teacher evaluation, it shall include teacher representation with full voting rights. After the Superintendent establishes the membership of the committee, the Association will select and notify the Superintendent of its representatives.

SECTION 5.    No teacher will be disciplined, reprimanded, reduced in rank or compensation without just cause. In addition, no teachers with professional status will be deprived of any professional advantage without just cause.

SECTION 6.    Any serious complaints of substance regarding a teacher made to any member of the administration by any parent, student or other person will be promptly called to the attention of the teacher.

SECTION 7.    General Law 71, Section 42, as applies.

SECTION 8.    No teacher shall be evaluated for anything other than educational criteria.

SECTION 9.    All staff members covered by this agreement will be evaluated in accordance with the agreed upon performance standards and evaluation process and procedures.

Any grievance arising out of the above may be grieved only through Level 3 of the grievance procedure as set forth in Article VI of this Agreement.

Level 4 of the grievance procedure, which provides for submission of a grievance to formal arbitration, shall not apply to any such grievance.

ARTICLE XVI

CLASS SIZE

SECTION 1.    The Committee and the Association will strive to maintain an optimum average of not more than 25 pupils per teacher (in academic, business and vocational classes) exclusive of study halls, lectures, and music; and a ratio of no more than 40 to 1 for physical education.

SECTION 2.    It is expressly recognized that the Committee must make the final decision on subjects covered by the Article, and any disagreements as to the methods of implementing these goals will not be subject of the grievance or arbitration procedures of this Contract.

SECTION 3.    A joint committee of the Association and administration will be established to study existing practices of inclusion. Results and recommendations of the committee will be presented to the Committee and shared with the school community.

ARTICLE XVII

USE OF SCHOOL FACILITIES

SECTION 1.

A.        The Association may have the right to use school buildings without cost (except the cost incurred for custodial services). The principal of the building in question will be notified in advance of the time and place of all such meetings, such use must have approval of the Superintendent and/or the Committee and the regular procedure of application for use in school buildings must be followed.

Small group meetings may be held prior to 5:00 P.M. simply by notifying the Administrative Office that such a meeting is to be held.

B.        The Association will have the right to use the athletic facilities and equipment at the school without cost, if available. However, it may be required to pay custodial fees, if regular assigned custodial services are not available. The schedule and other related matters will be arranged in advance by written application to the Superintendent and in conjunction with the Board of Recreation subject to availability of the facilities.

SECTION 2.    There will be one bulletin board in each school building which will be placed in the faculty lounge, for the purpose of displaying notices, circulars and other approved Association material. All such postings shall be submitted to the Superintendent except notices of social events to be conducted after regular school hours. Any such notices shall be limited to presenting factual data.

SECTION 3.    Member mailboxes may be used for distribution of approved Association materials. Any such notices shall be limited to presenting factual data.

SECTION 4.    Representatives or agents of the REA, MTA, NCTA, NEA, who are not members in the unit described in Article I, may have reasonable access to the school property during normal school hours for the proper conduct of business related only to the Randolph School System. This privilege shall not be abused. Advance notification will be given to the Superintendent before entering school property. In no instance may such visits interfere with the orderly operation of classes or the performance of teaching duties.

SECTION 5.    The Committee agrees to provide a pay station telephone in each school building, which is primarily, but not exclusively, for the use of the professional staff.

SECTION 6.    The Committee agrees to provide an in-classroom telephone for the President and Grievance Chair of the Association.

ARTICLE XVIII

MEMBER FACILITIES

SECTION 1.    Whenever a new school building or major renovation of a school building is proposed, the Association will form a committee of Unit A members to suggest ideas and/or to make recommendations to better utilize the facility. These recommendations are to be submitted to the Superintendent of Schools who will forward same to the Committee.

SECTION 2.    The Committee will provide, upon request, a secure area in each school building for the storage of a member's personal effects. The responsibility for such personal effects shall rest exclusively with the member, and the Committee shall in no way be responsible for any damage, loss or theft of such articles nor shall the Committee be expected to provide any security for the area at any time.

SECTION 3.    Staff members are advised to read Committee policies regarding Environmental Safety. These can be found in the Randolph School Committee's Policy Manual, which is in the school office or the REA office.

ARTICLE XIX

PROTECTION

SECTION 1.    Members will immediately report all cases of assault suffered by them in connection with their employment to the principal and Superintendent, in writing.

SECTION 2.    This report will be forwarded to the Committee which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the member, the police and the courts. The teacher must be willing to file assault charges in such cases.

SECTION 3.    If criminal or civil proceedings are brought against a member alleging that he/she committed an assault in connection with his/her employment, the committee will furnish legal counsel within the limits of the law to defend him/her in such proceedings if he/she requests such assistance. If a teacher desires to bring criminal or civil proceedings in connection with an alleged assault suffered by him/her, such member may request the Committee to furnish legal counsel within the limits of the law to represent him/her in such proceedings. If the Committee does not provide such counsel and the member prevails in the proceedings, the Committee will reimburse the member for reasonable counsel fees incurred by him/her.

SECTION 4.    The Committee agrees to provide indemnification for employees covered by this Agreement if required by Chapter 258 of the General Laws of the Commonwealth of Massachusetts.

ARTICLE XX

PERSONAL INJURY BENEFITS

SECTION 1.    Whenever a member is absent from school as a result of a personal injury caused by an accident or assault occurring in the course of his/her employment, the member is required to submit one copy of the Mass. Industrial Accident form (S.F.I.) within 30 hours of the time of the accident to the Office of the Superintendent. These forms are available in the Principal's office in every school.

If the above procedure is followed, and the members become eligible for Workers' Compensation, then the following benefits will be given:

A.        The Committee will pay the difference between the Workers' Compensation check (60% of the current salary) and 100% of the member's salary for the first year the member is collecting Workers' Compensation.

B.        The Committee will pay the difference between the Workers' Compensation check (60%) of the current salary) and 80% of the member's salary for the second year the member is collecting Workers' Compensation.

C.        During the third year and at any time thereafter for the duration of the absence, the member will receive only the Workers' Compensation check (60% of current salary).

D.        During the time on Workers' Compensation, no part shall be charged to sick leave. The length of time on Workers' Compensation may be determined by a medical examination by a personal physician and one school doctor, consistent with Workers' Compensation.

SECTION 2.    The Committee will reimburse members for any clothing or other personal property damaged or destroyed as a result of an accident or an assault in the course of his/her employment and clearly the result of the specific act of a student. The Committee will procure for members any special clothing that is required in the performance of member duties.

SECTION 3.    The Committee will make available to the members an insurance plan to cover injuries incurred during the performance of their teaching assignments. Such a plan will be made available to the members at their own expense.

SECTION 4.    Staff members are advised to read Committee policies regarding Personal Safety which can be found in the Randolph School Committee's Policy Manual which is in the school office or the Association office.

ARTICLE XXI

SALARIES

SECTION 1.    The salary schedule of each member in the Randolph School System shall be determined pursuant to the following section of the Article. On and after the effective dates indicated, no member employed under this Agreement shall be paid a salary less than that provided in Schedule A, or any subsequent amendments thereto.

SECTION 2.    Members with twenty (20) years teaching experience, the last ten (10) of which have been consecutive in the Randolph School System, will be entitled to a salary increase over and above the applicable step in the then existing salary schedule. If the member retires before reaching maximum retirement benefits, the member shall receive the following:

4 years or more                                 $7,500

3 years                                              $6,000

2 years                                              $4,500

1 year                                               $2,100

0 years                                              $500

Members shall elect one of the following methods of payment of such amounts:

1.                     In equal payments during each pay period of the member's final three (3) years of service or:

2.                     In equal payments during each pay period of the member's final year of service.

In order to receive such adjustments in salary schedule, the member must notify the Superintendent, in writing, of the intention to retire by October 1st prior to the actual school year of retirement (e.g., a member intending to retire in June of 1994 must notify the Superintendent by October of 1992).

In the event the teacher elected to receive such adjustments over a three year period, such notification must be rendered to the Superintendent by October 1st prior to the first year of payment (e.g., a member who intends to retire in June, 1996 must notify the Superintendent by October 1, 1992). In cases of emergency or when extenuating circumstances are present, exception may be made in this section by the Superintendent. Prior to February 1st of the member's last work year, the member must submit satisfactory evidence to the Superintendent that notice of retirement has been given to the Massachusetts Teachers' Retirement Fund. Failure to submit such evidence will result in the deduction of the extra amount from the member's remaining checks.

If the method of funding the member retirement system changes, the Committee agrees to honor this section during the life of this agreement but will review this section in light of the changes.

SECTION 3.    Compensation for advanced degrees may become effective on September 1 and/or February 1 of each year. Notification of intent to advance to another column must be given by December 1 of the year prior to the year in which said change is to take place. Data substantiating eligibility must be received by August 15 and/or January 15. If data substantiating eligibility will not be available by August 15 or January 15, the individual must make prior satisfactory arrangements with the central office to ensure payment for the advanced degree.

SECTION 4.

A.        Salary increases of any kind are not automatic. They are granted only when there has been a continuation of a high standard of teaching or a demonstration of improvement in efficiency in service. The Superintendent reserves the right to withhold increments from a member doing unsatisfactory work. Any question of whether the Superintendent has just cause to withhold or deny a salary increment or adjustment may be presented through the grievance procedure.

B.        To be awarded salary status for any advanced degree and/or for courses beyond a degree, such as B+15, the courses must be approved in advance by the Superintendent or his/her designee. All such courses must be directly related to the field of member's specialization and certification and/or be a new program of specialization in education/field, which a member intends to develop, and/or courses, which shall be approved in advance by the Superintendent or his/her designee. Courses for credit for a B+15, M+15, M+30, M+45, M+60, CAGS and CAGS+15 must be earned after the date of the receipt of the appropriate degrees. Example: Courses for a M+15 must be earned after receipt of the Master's degree to qualify. Persons placed on steps prior to September 1, 1975 will not lose any degree status.

C.        Special programs of concentration involving 30 hours beyond a Master's degree may be approved by the Committee on the recommendation of the Superintendent or his/her designee.

D.        A grade of "B" or better must be obtained for increase purposes. If a course is a pass/fail course, a grade of "pass" will satisfy the requirements of this section. These courses, as well as others taken in line with school requirements, must be taken only at accredited colleges and universities or must be NCTA/PCTA courses.

E.         In-service courses sponsored by the Committee and the Association may, on occasion, be offered for increment credit.

F.         A member may receive credit for a planned trip. In order to receive credit for the trip, a member must receive prior approval of the Superintendent. Subsequent to the trip, the applicant must submit a written report to the Superintendent, describing the trip and indicating the value to him/her as a teacher. To receive credit, the trip must be of at least four weeks' duration.

G.        Travel shall mean a trip undertaken for the express purpose of studying and observing certain localities and their people. It shall exclude travel incidental to a business transaction or other errands performed for a personal, business or professional reason. It shall also exclude travel incidental to a visit to a friend, relative or a resort. A member may receive credit under this section once.

SECTION 5.    The Committee shall fix the initial salary rate of each member on entering employment, giving consideration to previous experience and special skills subject to provisions of Article X.

SECTION 6.    Members who leave before the end of the school year will have their salaries figured by first computing the member's per diem rate of pay. This is done by dividing the member's yearly salary by the number of workdays for the year. (e.g. $16,022 divided by 182 equals $88.03).

A.        Multiply the per diem rate by X, which is the number of days, actually worked plus all approved absences. Also included are the day before school opens and the days after school closes. This will establish the member's total entitlement.

B.        The final check will be the difference between the amount of the entitlement and the amount paid to that date.

C.        A member employed for one-half a year but less than a full year will receive the regular increment. By half a year is meant one-half of the workdays. A member employed for less than one-half a year or less than one-half of the workdays will not receive any regular increment.

D.        A member transferring from another school system, who has been employed on a permanent basis in that school system, until he/she begins employment in Randolph, will receive a full regular increment, if employed for the ensuing year.

SECTION 7.    Members who are within the system will not be granted individual additional step increases except for services, degree requirements, or for additional duties.

SECTION 8.    All members will be given their salary contract or salary notification for the succeeding school year prior to May 1, provided that the contract is signed by March 15. In the event that the contract is not signed by March 15, the contracts or letters will be issued within 45 days of the signing.

SECTION 9.    Longevity will be paid annually to staff members hired prior to September 1, 2005 with the following years of service in Randolph by November 1. Members hired prior to September 1, 2005 with prior experience in Randolph as support personnel shall have that experience counted toward the total years of creditable service.

15 years of service                                              $250

20 years of service                                              $500

after 24 years of creditable service                      $700

with at least 15 years in Randolph                       $900

after 29 years of creditable service                      $1500

with at least 20 years in Randolph                        $2400

after 32 years of creditable service

with at least 20 years in Randolph                     $3400

Longevity will be paid annually to staff members hired after September 1, 2005 with the following years of service in Randolph by November 1:

After 15 years of service                                    $250

After 20 years of service                                    $500

After 24 years of service                                    $700

After 29 years of service                                  $1500

After 32 years of service                                  $3400

Effective the 2009-2010 School Year, the annual longevity payment will be made by June 15 instead of by November 1, with the effect that the November payment will be moved to June.

SECTION 10.  The Committee will reimburse teachers for tuition and fees for courses up to a combined total of $50,000.

A.        Members will be eligible for a maximum reimbursement of $500 per course and $1,000 per contract year.

B.        Applications must be submitted to the Superintendent prior to September 30^th for the fall semester, prior to January 15^th for the spring semester and prior to June 1^st for the summer semester.

C.        There will be $16,000 available for the summer semester, $17,000 for the fall semester and $17,000 for the spring semester. Any monies not used in the summer semester will be rolled over to the fall semester and from the fall semester to the spring semester. Any monies not used in the spring semester will be used to reimburse members, if any, who applied for reimbursement earlier in the year and were denied for lack of funds and successfully completed said course(s).

D.        Reimbursement shall be provided upon successful completion of the course as evidenced by a grade of 'B' or better.   All expenses must be submitted within the fiscal year the course is taken. If reimbursement precedes the submission of course documentation, the member must submit the appropriate documentation within six (6) months. Failure to do so will result in the collection of the reimbursement from the member's pay.

E.         The Committee shall make available to the Association by January 31 and June 1 a list of reimbursement applicants and amounts encumbered.

UNIT A SALARY SCHEDULE

2008 Schedule

 

Effective September 1, 2008

0%

 

Effective September 1, 2009

2%

 

Effective91st Day of the 2009-2010 School Year

2%

 

Effective September 1, 2010

3%

 

Effective 91st Day of  the 2010-2011 School Year

1%

 

EXTRA DUTY AND EXTRA-CURRICULAR ASSIGNMENTS

The Committee retains the right to determine which of the positions listed shall be filled annually. In addition, it is the right of the Committee to add any new extra-curricular assignments it deems advisable. The Committee will set the initial salary for these new positions. The Association will be notified when new positions are created.

If the Association petitions the Committee in writing within 30 days, it shall have the right to negotiate the salary of any newly created position.

The following is a list of approved positions and their salaries:

The parties agree to form a subcommittee comprised of an equal number of members designated by the REA and by the Committee to review and update the following stipendiary positions:

1.                   Extra-Duty and Extra-Curricular Assignment stipends (set forth above);

2.                   Coaches Salary Schedule (Appendix I);

3.                   Bus Duty (Article IX, Section 3);

4.                   Cafeteria Duty (Article XXII, Section 4,1, 3).

The subcommittee shall report back to their respective teams no later than March 31, 2009. The bargaining teams shall reconvene to finalize the schedules for an effective date of the 2009-2010 school year and the agreements reached shall be reduced to writing n the form of a Side Letter of Agreement and shall be subject to ratification by the REA and the School Committee. The stipends paid for the 2008-2009 school year for the above referenced assignments shall be as currently stated in the 2005-2008 Collective Bargaining Agreement.

ARTICLE XXII

TEACHING HOURS AND TEACHING LOAD

SECTION 1.    A sub-committee of the Association and the Committee (composed of two members each) will be established to plan and to recommend a three-year school calendar. The sub-committee will solicit input from the community, parents, students and clergy, for example. The sub-committee will meet in October of each year to plan the 3rd year of the 3-year calendar and submit it to the Committee by December 1. The Committee retains the final approval of any calendar submitted. All calendars are subject to the guidelines of this Agreement. The work year of the teachers covered by this Agreement may begin no earlier than the Monday preceding Labor Day and will terminate no later than June 30. In no event will it be longer than 182 days, exclusive of section le below.

New personnel will be required to attend a 1-day orientation session prior to the staffs first day, for which no compensation shall be paid. The Association will be invited to give input and attend this orientation. Two (2) hours of the aforementioned one (1) day orientation will be provided to the Association for its own orientation meeting with members. Beginning with the 2008-2009 School Year, the Superintendent shall have the option to add up to six (6) additional days of professional development for new hires, to be paid at the workshop rate. Working days will include all days when pupils are required by the Committee to be in attendance, and days at the beginning or end of the school year or other days, including professional development days, on which the teacher's attendance is also required.

A.        All early release days will be scheduled, if possible, parallel with the school arrival schedule (i.e. first in; first out, etc.)

B.        All teachers will report the day prior to the opening of school and attend one designated all day in-service program during the year, not to exceed 6 1/2 hours. Beginning with the 2008-2009 School Year, the Superintendent shall have the option to add one additional all day in-service program prior to the start of the school year, provided notice of such is provided by June 30 of the prior school year. Teachers will be paid at their per diem rte for attending this additional in-service day.

C.        The parties agree that the current practice in effect as of March 2008 regarding new teachers attending meetings for mentoring will continue for the life of this Agreement. The parties further agree that this Agreement may be reopened by mutual agreement for the limited purpose of discussing mentoring for teaching personnel new to the District.

D.        An additional early release day will take place on the last scheduled day of classes.

E.         One full day of approximately 6 1/2 hours in-service for teachers will be scheduled during the school year.

F.         The Committee may schedule three (3) additional days as follows:

1.                     One (1) system-wide workshop day of six (6) hours at standard workshop rate, within the scheduled work year.

2.                     One (1) professional development day for selected staff at per diem rate:

a.         Selected staff will be given 60-day notification for the professional development day.

b.         In no case will the professional development day for selected staff be scheduled earlier than one week before school begins or after June 30 except by mutual agreement of the Superintendent and the Association.

c.         Non-selected staff will not be required to be present and will not be remunerated.

3.         One (1) instructional day will be paid at per diem rate

G.        The Committee may schedule up to six (6) half days for professional development. In such case the instructional day will be increased proportionally up to five (5) minutes.

H.        The Committee may schedule selected staff to participate in no more than two (2) additional professional development days in a three-year cycle at per diem rate as follows:

1.                     Selected staff will be notified no later than October 1 of the previous calendar year for the professional development day.

2.                     In no case will the professional development day for selected staff be scheduled before the last week in August or after June 30 except by mutual agreement of the Superintendent and the Association.

I.          In the event of specialized professional training

1.                     The Committee will share with the Association in advance of any professional training the requirements of the training as established by the District or the individual trainer. The Committee agrees further that it will demonstrate to the Association in advance of the training, that the requirements of the training can be accomplished within the contractual work day.

2.                     The Committee will share with the Association in advance of the training any different requirements for those taking it for credit and for those only attending the District's training, as established by the District or the individual trainer.

SECTION 2.

A.        The elapsed time schedule for secondary teachers shall be 7 hours.

B.        The elapsed time schedule for elementary teachers shall be 7 hours Monday through Thursday, 6 hours 15 minutes on Fridays and days of meetings.

C.        The four (4) days excluding any day reserved for meetings are considered as preparation time, except that every other week, one of these days will be used for common planning time.

D.        Time spent on paid supervisory duties, before or after school, is not considered part of the seven (7) hour day.

E.         All meetings shall commence within ten (10) minutes of the close of the student day. If travel time between buildings is required, meetings shall commence within twenty (20) minutes of the close of the student day.

F.         Teachers shall be provided with a schedule of building, curriculum and district meetings at the beginning of each school year. Principals will provide teachers with notice of all other meetings as soon as possible after they are scheduled. Every effort will be made to give teachers as much advance notice as possible. It is understood that such notice cannot be provided in cases of emergency.

G.        The schedule may be adjusted as the Superintendent deems necessary in light of current conditions and after notification to and discussion with the Association.

H.        The workday of personnel who are not assigned to a full-time regular classroom will be governed by the hours indicated above.

I.          Secondary teachers will add fifteen minutes duty free, either before or after the seven hour elapsed day.

J.         The work day for school psychologists and social workers shall consist of eight (8) hours and thirty (30) minutes, including a thirty (30) minute duty-free lunch and two fifteen (15) minute duty-free breaks. Such employees shall receive a 1.05 salary ratio with work schedules arranged by mutual agreement between the employee and his/her immediate supervisor.

SECTION 3.    Teachers may be required to remain after the end of the regular work day, except for Friday, the first Monday of the month (REA Representative Council Meetings), or the day before a holiday, to attend the following staff meetings (Section 3 a. and 3b. must total no more than 28 hours per year in secondary schools. Section 3c,d,e,f must total no more than 28 hours in elementary schools). This schedule will be in effect for the duration of this contract. However, prior to May 1, 2007, either the Association or the Committee may request to meet to consider changes.

A.        Secondary building meetings called by the school principal will be no longer than one hour in duration beyond the elapsed day.

B.        Secondary curriculum meetings, departmental meetings or other meetings, exclusive of in-service credit courses will be no longer than 1 hour and 45 minutes in duration. There will be an exception to the above when an evaluation of the system is conducted and in addition to any specific projects agreed upon by the Association and the Committee.

C.        Elementary building meetings called by the school principal will be no longer than 45 minutes in duration beyond the school day.

D.        Elementary curriculum meetings, will be no longer than 1 hour and 45 minutes in duration beyond the school day.

E.         Elementary grade level meetings will be no longer than 45 minutes in duration beyond the school day.

F.         On early release days, the additional time beyond the elementary school day (6 hrs. 15 mins.) will count towards the total number of hours per year.

G.        There will be an exception to the above when an evaluation of the system is conducted and in addition to any specific projects agreed upon by the Association and the Committee.

H.        There should be no more than 2 scheduled meetings per week.

I.          Teachers may be required to attend no more than two evening meetings each year.

Attendance at all other evening meetings will be at the option of the individual teacher, or by mutual agreement of the Association and the Committee.

J.         An aggregate of two (2) before and/or after school extra help sessions per week for the purpose of helping students with their school work at the secondary level, and as necessary to assist pupils at the elementary level.

Secondary teachers shall weekly post the schedule of such periods in their classrooms and shall provide same for the building principal.

K.        Guidance counselors may be required to work three (3) additional evenings per school year. In compensation for such additional evening work, such counselors shall receive compensatory time off at the rate of one and one-half (1 1/2) times the hours worked. The scheduling of such evening work shall be by mutual agreement between the counselor and his/her immediate supervisor

L.         Any teacher or guidance counselor who works beyond the regular school year will do so on a voluntary basis.

M.        The Committee will provide a certificate for professional development points (PDPs) for hours which a staff member attends. Any staff member who participates in district-wide professional development activities will be awarded a certificate of completion for recertification purposes.

N.        Teachers may be required to share information gained through professional development workshops/conferences.

O.        The Committee will publish a tentative professional development schedule in September of each school year. The Committee will attempt to publish a summer workshop schedule by May 1 of the same year.

Teachers and/or guidance counselors who work during the summer months shall be paid for said work based upon the workshop rate of:

September 1, 2008 - August 31, 2009:                       $219

Effective September 1, 2009:                                     $223*

Effective the 91^st day of the 2009-2010 Year:           $228*

*The workshop rate for the 2009-2010 School Year will be applied as a

melded rate of $226.

Effective September 1,2010:                                      $235**

Effective the 91^st day of the 2010-2011 Year:           $237**

**The workshop rate for the 2010-2011 School Year will be applied as a

melded rate of $236.

SECTION 4.    SPECIALIZED ACTIVITIES

A.        In accordance with State regulations and established policy and practices of the Committee, students will be supervised by specialists in specialized activities: for example, physical education, music and art.

B.        Elementary teachers, in grades 1-6, shall be guaranteed three (3) preparation periods per week during the student day. The preparation periods will be 45 minutes in duration and may be provided through the use of specialist offerings or through such other manner as determined by the Committee. Teachers will return to the classroom five minutes before the end of the period to ensure an orderly transfer of the class.

C.        Effective September 1, 2006, teachers at the Pre-K and Kindergarten levels shall receive two thirty (30) minute preparation periods per week during the student day. Effective September 1, 2007, teachers at the Pre-K and Kindergarten levels shall receive three thirty (30) minute preparation periods per week during the student day. These preparation periods may be provided through the use of specialist offerings or through such other manner as determined by the Committee.

D.        In the event that Kindergarten is converted to a full day session, those Kindergarten teachers assigned to full-day session will receive the preparation periods provided under this Agreement to teachers in Grades 1-6.

E.         There will be a 15-minute recess period each day in the elementary schools. Teachers who are on duty during the recess period will be granted an additional duty-free 15-minute period either before or after the recess period.

F.         There will be no change in the number of courses taught by High School staff during the duration of the agreement. The following will apply to secondary staff:

1.                  Secondary will not be assigned to more than an average of 250 teaching minutes per day.

2.                  Secondary will receive a minimum of one (1) preparation period per day.

3.                  Additional duties will be limited to the following:

a.         Homeroom duty

b.         Curriculum revision and development individually or collectively.

c.         Monitoring of a directed student study - responsibilities for directed study are as follows:

1)                     maintaining student attendance records

2)                     supervising and directing students to utilize time for academic study, student tutorial teams, library research, and other academic preparation

d.         Corridor patrol - checking student passes and lavatories

e.         Library monitor - assisting in student management in the media center

f.         Common team planning

g.         Other duties may be substituted on a voluntary basis.

Guidance counselors at the secondary level will carry a ratio of approximately 400 students per counselor.

G.        Secondary school teachers will not be required to teach more than two (2) subjects nor more than a total of three (3) teaching preparations within said subjects at any one time except on a voluntary basis.

H.        All teachers will be accorded a 30-minute duty free lunch period, during which time they may leave the grounds.

I.          In providing cafeteria coverage the Committee shall:

1.                  seek teacher volunteers

2.                  secure non-teaching personnel

3.                  whenever a teacher performs cafeteria duty, the compensation shall be at the rate of $3,643, on the basis of one hour of cafeteria coverage. One (1) hour shall be defined as between 50 and 65 minutes for purposes of this section. Any portion of time less or more than the defined year and hour will be paid on a pro-rata basis.

J.          Nurses will not receive a prep period.

K.        Exception to the provisions of any section of this Article may be made only if the Superintendent or his/her designee determines that it is necessary to do so in the best interests of the educational process. The Association will be notified of each instance in which the Superintendent so determines.

ARTICLE XXIII

INSURANCE AND ANNUITIES

SECTION 1.    The Town of Randolph Municipal Employees Group Insurance Plan with all subsequent amendments shall be considered part of this Agreement.

SECTION 2.    The Town of Randolph Municipal Employees Basic Medical Expense Plan with all subsequent amendments shall be considered part of this Agreement.

SECTION 3.    The Town of Randolph Municipal Employees Extraordinary Medical Expense Plan with all subsequent amendments shall be considered part of the Agreement.

SECTION 4.    The Committee agrees to make necessary payroll deductions for the participation in such plans.

SECTION 5.    The Committee accepts the tax sheltered annuity plan established pursuant to U.S. Public Law 87-370 and will have two opening dates per school year, September 30 and February 28.

SECTION 6.    The Committee agrees to implement a flexible benefits plan under I.R.S., C. Section 125 allowing the employee portion of health insurance premium to be deducted on a pre-tax basis.

ARTICLE XXIV

SICK LEAVE

SECTION 1.    Teachers will earn sick leave at the rate of twelve (12) days per year, calculated on the basis of 1.2 days per month. The twelve (12) days shall be credited to the teacher's sick leave accumulation at the beginning of the school year and shall be available for use once credited. However, in the event that a teacher leaves the District for any reason, voluntarily or involuntarily, the District shall have the right to recover from the teacher the monetary value of any sick leave days utilized but not earned as of the date of separation from employment with the District. Such right may be exercised by way of withholding from the teacher's final paycheck or in such other manner as is necessary. It is expressly understood that in the event of the retirement of a teacher, such days awarded but not yet earned shall not be eligible for buyback as provided elsewhere in the contract. In addition, when the retirement of a teacher is anticipated based upon that teacher's notification to the district, the award of sick leave in advance shall be limited to the pro rated share of the twelve 12 days, based upon the anticipated retirement date.

SECTION 2.    Unused sick leave will accumulate from year to year without limitation as of the beginning of any school year.

SECTION 3.    Absences for periods in excess of five (5) days' duration will be paid only on submission of a doctor's certificate to the Superintendent, if requested. The Superintendent may require a conference in cases of suspected abuse of sick leave (e.g. established pattern of use, before/after weekends, and vacations). Such incidents will be treated as individual disciplinary cases by the Superintendent.

SECTION 4.    Extension beyond stated sick leave shall be given in exceptional circumstances at the discretion of the Superintendent, with no charge back for substitute teachers.

SECTION 5.    After ten (10) years of service any teacher who resigns, retires, or is reduced in force, shall be entitled to compensation for any unused sick leave at the rate of 25% to a maximum of $4,000. The per diem salary will be based upon the teacher's last year's per diem rate. Payment will not be made while a teacher is on the recall list. Sick leave buyback shall not be available to those terminated for cause.

SECTION 6.    Except on reinstatement after an approved leave of absence, no sick leave credit for prior employment will be allowed to any teacher rehired after a termination of service.

SECTION 7.    One day when emergency illness or injury in the immediate family requires a teacher to make arrangements for necessary medical and nursing care or any other reason approved by the Superintendent, may be treated as sick leave. In addition, a maximum of five (5) days per school year for critical illness (when death is imminent) in the immediate family requiring the bedside presence of the teacher will be allowed and be credited to his/her sick leave. It is not the intention of this section to allow the teacher to serve as a nurse, companion or any other type of nursing or caring assistant.

SECTION 8.    A sick bank will be maintained by the Committee and administered by the Association based upon the rules approved by the Committee and the Association. Teachers may donate one day during the life of this contract. However, if the sick bank falls below 100 days, a second day may be donated. In order to maintain membership in the bank, a teacher must donate a day at each reopener. Any new teachers will be allowed to join the bank after 90 days of employment. It is not to be used for purposes of paternity, maternity or child rearing. The maximum number of days a teacher may use from the sick bank annually can be found in the Sick Bank Guidelines (see Appendix III).

SECTION 9.    If a staff member has no more than two (2) absences in a given year, exclusive of personal, bereavement, or approved Association or professional leave, said person will be granted one (1) additional personal day to be used during the following year or cumulative up to three (3) for a second year. (It is possible for a staff member to begin the school year with four (4) personal days. For example: 2 unused days/saved plus 1 day for good attendance plus 1 day for the new school year = 4 days).

ARTICLE XXV

BEREAVEMENT LEAVE

In case of death in the teacher's immediate family, the teacher will be allowed up to five (5) consecutive work days as needed with pay, commencing from the day of death. These days shall not be extended by intervening vacation or summer periods. The terms "immediate family" will mean the teacher's spouse, child, father, mother, sister or brother, or another person living in the immediate household of the teacher at the time of his/her death or at the commencement of final illness or accident. In case of death of the teacher's grandparents, father-in-law, mother-in-law, or grandparents of his or her spouse, the teacher will be allowed the days off needed, with pay, up to and including the day of the funeral or memorial service, but not to exceed a total of three (3) days. One (1) day's leave, with pay, will be granted in the case of death of other relatives to attend the funeral or memorial service. A staff member may use one (1) sick day for the loss of a friend. If more time is needed, the staff member may use his/her personal days.

These provisions shall be administered by the Superintendent in the light of their purpose, which is to provide opportunity when needed, to enable an employee to attend a funeral or memorial service or to attend to family and personal needs arising as a result of a death.

ARTICLE XXVI

TEMPORARY LEAVES OF ABSENCE

SECTION 1.

A.        One (1) day's leave of absence for personal, legal, business, household or family matters, which require absence during school hours, will be granted. Application for such a leave will be made at least 72 hours before taking such leave (except in the case of emergencies) and the applicant for such leave will not be required to state the reason for taking such leave other than it is under this section. A member may save two (2) unused days of personal leave for use in a succeeding year.

The Committee agrees to allow up to a maximum of fifteen (15) days before a holiday and fifteen (15) days after a holiday for use by teachers for the purpose of extending a holiday on a first come first serve basis. A teacher may use one day before OR one day after a vacation. Requests must be made no less than ten (10) days prior to the leave day requested. A member may save two (2) unused days of personal leave for use in a succeeding year. In case of emergency or extenuating circumstances, more days may be granted for personal, legal business, household or family matters at the discretion of the Superintendent. Such additional leave will not be unreasonably denied. The building principal is responsible for forwarding the request form to the Superintendent's office (see Appendix II).

B.        No more than one (1) day for the purpose of visiting other schools or attending meetings or conferences of an educational nature may be granted.

The Committee will pay the reasonable expenses, including fees, meals, lodgings and/or transportation incurred by teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request and/or with the advance approval of the Superintendent.

C.        Time necessary for the President of the Association or his/her designee and one (1) other person of the Association to attend State and National MTA, NEA, NCTA conferences and conventions, not to exceed twenty (20) days in any school year, will be granted.

D.        Reasonable time necessary for appearances in any legal proceeding connected with the teacher's employment will be granted, except when such legal action is taken by said teacher against the Committee or the Administration.

E.         A maximum often (10) days per school year for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligation cannot be fulfilled on days when school is not in session, will be granted. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.

SECTION 2.    Leaves taken pursuant to Section 1 above will be in addition to any sick leave to which the teacher is entitled. No teacher will be required to arrange for his/her own substitute.

SECTION 3.    In the event a reply is not received by the teacher by the close of school on the day proceeding the day requested, upon request of the teacher, the principal will call the Superintendent for the decision.

SECTION 4.    Applications for leaves pursuant to Section 1 above shall be made to the Superintendent or his/her assistant in writing at least 72 hours in advance of taking such leave (except in case of emergencies).

SECTION 5.    Two (2) personal leaves of absence shall be granted and two (2) educational leaves of absence may be granted, without pay for one (1) year, after three (3) years of service in the Randolph Public Schools. If a teacher receives such a leave, the teacher will not be eligible for a second leave until five (5) years have elapsed from the return date of the first leave. All leaves must be applied for by May 1 of the previous year, except that if more than two (2) persons apply in either area, persons who have never received a leave under this Article shall be given absolute preference over a person who has previously received a leave under this Article. A person who accepts a leave must notify the Superintendent regarding his/her intent to return by May 15 of the year of the leave. If such notice is not received, the person will be deemed to have resigned. The Superintendent will notify persons who will be granted a leave by June 15. If extenuating circumstances arise, the Superintendent may grant additional leaves.

SECTION 6.    In response to recent legislation concerning jury duty, the Committee and the Association agree to the following procedure:

A teacher who serves on jury duty will be paid full salary by the Committee less per diem salary paid to the teacher from the Commonwealth of Massachusetts for jury duty on school work days.

ARTICLE XXVII

SABBATICAL LEAVE

Sabbatical leave will be available after seven (7) years of service in the Randolph Public Schools for advanced study as approved by the Superintendent and is subject to availability of funding. Requests must be received by the Superintendent in writing not later than December 1 of the calendar year proceeding the school year in which the leave is sought.

Successful applicants will receive one-half (1/2) of the salary to which they have been entitled provided that amount, when coupled with any scholarship, grant or aid, shall not exceed the salary to which they would have been entitled.

Not more than two (2) teachers (if more than two (2) qualified persons apply) may take advantage of this in any one (1) school year.

Before beginning a sabbatical leave, a teacher shall agree in writing to return to active service in the Randolph Schools for a period of at least two (2) school years following the expiration of the sabbatical leave period. A teacher who does not fulfill this agreement shall repay to the Town of Randolph, within a three (3) year calendar period, the amount of salary received during the sabbatical leave, provided, however, that the teacher shall be released from such payment if his/her failure to serve the two (2) years is due to his/her illness, disability, death, or if he/she is discharged from his/her service by the Superintendent.

A teacher returning from sabbatical leave shall be placed in a comparable position and on the step of the salary schedule he/she would have attained had he/she remained in the school system, and shall be eligible for all rights and benefits while on leave. No teacher may be granted a second sabbatical leave unless he/she has completed seven (7) years since his/her last leave in the Randolph School System.

ARTICLE XXVIII

EXCHANGE PROGRAMS

Exchange programs will be available after three (3) years of service in the Randolph Public Schools if approved by the Superintendent. The dates for application shall be from September 1 to December 1 of the calendar year preceding the school year in which leave is sought. Not more than two (2) teachers may take advantage of this in any school year. If more than two (2) teachers apply for an exchange program, the Superintendent's decision will be based upon length of service in Randolph and previous use of this Article. The salary of the teacher coming to Randolph will be based upon the appropriate step of the salary schedule, but in no event will be higher than the salary of the teacher leaving. The teacher coming to Randolph will be accorded all professional rights outlined in this Agreement.

Upon returning from said exchange program, teachers shall be placed in their position and on the appropriate step of the salary schedule and shall be eligible for all rights and benefits previously accrued, including but not limited to all unused sick leave and increments, if earned.

ARTICLE XXIX

MATERNITY AND CHILD REARING

SECTION 1.

A.        Maternity leave shall be granted. Teachers must give 30 days' notice in writing as to the date the maternity leave is to start. A physician's statement verifying the pregnancy and permitting the teacher to continue employment must be submitted with the request. A teacher may return to work when she and her family physician state that she is physically able to do so in accordance with the following schedule:

1.                     Any teacher who leaves during the school year must return the following September or the second September following the leave. Notice of intent to return must be filed by April 1. In the event the teacher gives birth between April 1 and the close of school, notice of intent must be filed upon application for such leave.

2.                     Any teacher who gives birth during the summer months may either return that September or the following September. Summer months are defined as the period between the last work day of one school year until the first day of the following school year. Notice of intent to return must be filed upon application for such leave.

B.         The child rearing benefits and responsibilities under this article are available to teachers who adopt a child. The 30-day notice in Section la. will be waived by the Superintendent in emergency situations.

SECTION 2.

A.        The teacher assignment, upon returning to employment, will be determined by the Superintendent, taking into consideration former grade placement, and/or the particular department at the time of initial employment.

B.        The teacher shall be eligible for all rights and benefits previously accrued, including all unused sick leave, and increments, if earned. The salary of the reinstated teacher shall be determined based upon the conditions stated in Articles X and XXI.

ARTICLE XXX

SUBSTITUTE TEACHERS

SECTION 1.    Substitute teachers: Positions which will be vacant for at least one semester will, to the extent possible, be filled by personnel who have met the state certification requirements. If a certified substitute teacher is not available, such vacancy will be filled by qualified non-certified personnel. Basic salary for such substitutes shall be the minimum for his/her level of professional preparation. The Superintendent may, however, at his/her discretion, place a substitute in a higher salary level.

It is understood that the Association does not have the right to bargain for substitute teachers.

SECTION 2.    It is the policy of the Randolph Public Schools to engage paid substitutes to fill all temporary absences which occur because of illness or other causes. When such absences occur and no substitutes are available, or when it is necessary for a teacher to be absent from his/her duties for a short period of time, regular teachers, on a voluntary basis, may substitute for the absent teacher during their non-teaching time. If no volunteers are available, the principal shall assign a regular qualified teacher to fill the temporary vacancy. Such service will be at the rate of $19.64 per period covered.

Elementary classroom teachers who fill in for specialists, (art, music, physical education) will be reimbursed at the same rate.

In the event that a substitute cannot be arranged for a teacher and a class is divided among other classroom teachers, those teachers shall be compensated by dividing the per diem cost of a substitute teacher.

ARTICLE XXXI

REDUCTION IN FORCE

SECTION 1.    In the event it becomes necessary to reduce the number of employees included in the bargaining unit defined in Article 1, employees shall be laid off in the inverse order of their initial employment, except where there shall have been a break in that employment due to resignation but exclusive of the resignation of any teacher for pregnancy prior to September 1, 1971. For this exception, initial employment shall mean from the date of rehiring, signing of a contract, and continuing employment to the time of layoff.

SECTION 2.    An employee whose position is eliminated shall either:

A.        Be transferred to an open position within the recognition clause for which he/she is qualified*.

* Qualified - Whenever used in this article means:

Secondary: Secondary certification in subject area with a minimum of 30 hours in the subject field.

Elementary: Elementary certification with a minimum of 24 hours in elementary education.

Special education: Special education certification in the appropriate teaching area with a minimum of 24 hours in special education. School psychologists, social worker, occupational therapist: Appropriate certification or license, a minimum of 24 hours in the field and one (1) year experience within the respective field.

B.         Replace an employee with the lowest seniority anywhere within the school system in an area in which the laid-off employee is qualified.

SECTION 3.    In cases involving teachers who have identical seniority, preference for retention or recall shall be given to the teacher who has the highest level of training.

SECTION 4.    Teachers who are affected by reduction in staff must be notified in writing no later than May 15 of the school year proceeding the year in which the reduction will take effect. Said notice shall include the reasons for the layoff.

SECTION 5.    Teachers who have been laid off shall be entitled to recall rights for a period of three (3) years from the effective date of the respective layoff, except that teachers who are in their first year of employment in Randolph must have completed one full year of employment to become eligible for recall rights. By recall, it is meant that the Committee will fill all regular full year teaching vacancies first with qualified persons on the recall list in the inverse order of their layoff. A teacher will be removed from the recall list if he/she refuses to accept a full time position for which he/she is qualified.

While members of the bargaining unit continue on the recall list, the Committee agrees to use this list in the inverse order of the respective layoff unless there is no qualified teacher on the list, or until all qualified teachers decline an offer to fill the vacancy.

During the recall period, teachers shall be notified by certified mail (return receipt requested) to their last address of record and be given preference for positions as they develop in the inverse order of their layoff. If the teacher does not respond within fourteen (14) days, the teacher will be removed from the recall list.

All benefits to which a teacher was entitled at the time of layoff shall be restored in full upon re-employment within the recall period. During the recall period, teachers who have been laid off shall be given priority on the substitute list if they so desire, and will be given absolute preference in filling any approved leaves of absence for which the teacher is qualified in the inverse order of their respective layoff and may refuse to accept these positions without losing their rights to remain on the recall list.

SECTION 6.    Laid off employees may continue group health and life insurance coverage during the recall period as provided by the Town to members of the bargaining unit by reimbursing the Town for premium costs. Failure to forward premium payments to the Town or refusal to return to employment upon recall will terminate this option. The provisions of this section are subject to the approval of the Town Treasurer and/or the appropriate authority.

SECTION 7.    The School Committee shall prepare and submit twenty (20) copies of a seniority list to the Association by January 1 of each school year. This list shall include the initial date of employment and any previously approved areas of qualification. By January 15 all requests for additional areas of qualification must be submitted to the Superintendent of Schools on the approved form entitled REDUCTION IN FORCE - REPLACING ANOTHER EMPLOYEE with all appropriate documentation to include copies of transcripts and certification. The Superintendent will review the submitted documents and will respond to the teacher in writing of his determination of the teacher's qualifications by February 1. Challenges to the seniority list or the action of the Superintendent concerning teacher qualifications must be made in writing by February 8 except that a teacher shall have a minimum of 5 days in order to properly develop a challenge. These challenges shall be sent to the President of the Association. Any unresolved challenges will be submitted to a tripartite panel by March 1. Said panel will consist of one member appointed by the Association, one (1) member appointed by the Superintendent, and one member agreed upon by both parties. The individual shall be informed of the date and time of the meeting and granted an opportunity to present his/her case. The decision of this panel shall be final and binding for all parties and is not subject to the grievance or arbitration articles of the Agreement. The original list plus any approved changes shall constitute the final seniority list for the purposes of this Article and shall be available within seven (7) days of the receipt of the final decision of the tripartite panel. Any costs related to the tripartite panel shall be borne equally by the Association and the Committee. All time lines are to be considered as a formality and must be honored. Failure to do so will result in the disqualification of the claim for that school year.

SECTION 8.    Teachers on any approved leave are subject to this reduction in force agreement under the same terms as a teacher in service. The reduction in force clause supersedes rights of return granted under a leave clause.

SECTION 9.    During the period of time a teacher is on the recall list he/she may request temporary removal from the list for reasons of illness by submitting a letter to the Superintendent with a doctor's note verifying the illness. The teacher may return to the list by submitting a letter to the Superintendent with a doctor's note verifying his/her physical ability to return to employment. The original time on the recall list will not be extended because of this section.

ARTICLE XXXII

AGENCY FEE

Any teacher who is not a member of the Association in good standing or who does not make application for membership in the Association within thirty (30) days from the date of commencement of teaching duties shall, as a condition of continued employment, pay as an Agency Fee to the Association an amount equal to ninety (90%) percent of the current dues of the Randolph Education Association, the Massachusetts Teachers Association and the National Education Association, provided, however, that the teacher may authorize payroll deduction for such Agency Fee in accordance with Article III of this Agreement.

In the event that a teacher does not pay said Agency Fee directly to the Association or authorize payment through payroll deductions, the Committee shall immediately cause the termination of employment of such teacher, pursuant to Chapter 71, S42 of the Massachusetts General Laws. The parties expressly recognize that the failure of any teacher to comply with the provisions of the Article is just and reasonable cause for discharge from employment.

ARTICLE XXXIII

DURATION-NEGOTIATIONS PROCEDURES

SECTION 1.    This Agreement shall be effective as of September 1, 2008 and shall continue in full force and effect until August 31, 2011.

SECTION 2.    The Parties agree that this Contract shall be reopened and that they will meet and negotiate in good faith over changes resulting from DOE or NEASC reviews.

SECTION 3.    The parties agree that not later than October 1, 2007 they will enter into negotiations for a successor Agreement to become effective as of September 1, 2011.

SECTION 4.    Such negotiations for a successor Agreement may include any matters covered by this Agreement and any other matters, which the parties mutually agree to be negotiable, or which by law are held to be negotiable. If negotiations have reached an impasse, the procedures described in Chapter 150E will be followed.

SECTION 5.    During such negotiations, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter-proposals. As of the time it is made available to the Committee, the Committee will provide the Association with a complete proposed budget for the next fiscal year.

SECTION 6.    The Committee will make available to the Association for inspection, all pertinent records of the school system. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.

SECTION 7.    f 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.

SECTION 8.    Expenses for the printing of the contract will be shared by both the Committee and the Association.

SECTION 9.    Copies of this Agreement will be distributed to all present and future professional staff members.

SECTION 10.  The Association and the Committee agree to share the cost to have the contract rewritten and printed.

ARTICLE XXXIV

GENERAL

SECTION 1.    The Committee will, upon request, provide the Association with any documents available to the public which will assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, together with any other available information which may be necessary for the Association to process grievances under this Agreement.

SECTION 2.    The Association will be provided with copies of approved minutes of official Committee meetings. A copy of the official agenda of the meeting and any attached documents will be given to the Association prior to said meeting, exclusive of any and all material for an executive session.

SECTION 3.    This Agreement constitutes Committee policy for the terms of said Agreement, and the Committee and the Association will carry out, to the extent possible, the commitments contained herein and give them full force and effect as Committee policy. The Committee will amend its administrative regulations and take such other actions as may be necessary in order to give full force and effect to the provisions of this Agreement.

SECTION 4.    If any article or section of this Agreement or any riders thereto should be held invalid by operation of law or by any tribunal or competent jurisdiction, or if the compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any rider thereto, or the application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with, or enforcement of, has been restrained, shall not be affected thereby.

SECTION 5.    The Randolph Public Schools shall only award PDP's which are authorized and allowed by applicable state regulations and statutes.

In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as set forth above, the parties affected thereby shall enter into the immediate collective bargaining negotiations upon the request of either party for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of the invalidity or restraint.

IN WITNESS THEREOF, the parties hereto set their hand and seal by their duly authorized representatives on this 1st day of September, 2008.

RANDOLPH SCHOOL COMMITTEE                RANDOLPH EDUCATION ASSOCIATION

By:_____________________________            By: _____________________________

Its Chair                                                            Its President

APPENDIX I - COACHES

ARTICLE I

RECOGNITION

SECTION 1.    The Committee, subject to the provisions of Chapter 150E and any applicable amendments or provisions of State or Federal law now or hereafter in effect, recognizes the Association as the exclusive bargaining representatives for all coaches in the Randolph Public School System as listed in the coaches salary schedule on all matters cognizable as mandatory subjects for bargaining.

SECTION 2.    Nothing contained in this Appendix shall be construed to prevent any coach or group of coaches not acting on behalf of any employees organization or representing anyone by themselves from at any time discussing any problems with any of their supervisors, Committee or its representatives-as a result of such discussion be the subject of a grievance otherwise legally contested by said Association unless such action is in specific and direct contravention or express language in a specific provision of this Appendix. The Association will be notified and have a right to attend any such session before the Superintendent or Committee.

SECTION 3.    This Appendix incorporates the entire understanding of the parties on all issues, which were not or could have been the subject of negotiations. During the term of this contract neither party shall be required to negotiate with respect to any such matter whether or not covered by this Appendix and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this contract.

SECTION 4.    The parties are agreed that the relations between them shall be governed by the terms of this Appendix only. No change or modifications of the Appendix shall be binding on either the Association or the Committee unless reduced to writing as executed by the respective duly authorized representatives.

ARTICLE II

COACHES' GRIEVANCES

SECTION 1.

A.        For the purpose of this Appendix a grievance shall be defined as: Any complaint by an employee in the unit covered by this appendix that (1) he/she has been subject to a violation, inequitable application or misinterpretation of a specific provision of this Appendix, or (2) he/she has been subjected to an unfair or discriminatory act contrary to established policy and practice.

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

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

D.        The purpose of this procedure is to secure at the lowest possible administrative level, equitable solutions to the problems, which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

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

F.         Should a grievance affect three or more coaches, then it may be considered by the Professional Rights and Responsibilities Committee as a group grievance and same may be filed in writing at Level 3, provided the coaches involved are identified, unless the grievance is common to all the coaches covered by this Agreement. The Professional Rights and Responsibilities Committee shall have the right to process said grievances through all levels of the grievance procedure. In the event a grievance is filed on or after June 1, which if left unresolved until the beginning of the following school year, could result in irreparable harm to the party in interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

SECTION 2.    A grievance must be presented within ten (10) school days of the time of the occurrence of the alleged contract violation, or within ten days of the time when the aggrieved reasonably should have had knowledge of the alleged violation and must be processed in accordance with the steps, time limits and conditions set forth below in this Article.

Level 1.        The Aggrieved or party of interest shall present the grievance in writing to the Principal of his/her building or the appropriate supervisor. The written grievance shall give a specific summary of the facts involved, the provision(s) of this Agreement allegedly violated and the remedy sought. The Principal or supervisor and the aggrieved, and the President of the Association or his/her designee, shall meet within ten school days to discuss the grievance. The Principal or supervisor shall respond in writing within ten school days of the Level 1 meeting. If the grievance is not settled to the satisfaction of the aggrieved employee at this step, it may proceed to Level 2.

Level 2.        The written grievance will be presented to the Superintendent, within ten school days after receipt of the administrator's written response, and a copy shall be sent to the President of the Association. The written grievance shall give a specific summary of the facts involved, the provision(s) of this Agreement allegedly violated and the remedy sought. The Superintendent or his/her designee and the aggrieved, and the President of the Association or his/her designee, shall meet within ten school days to discuss the grievance. The Superintendent shall elect whether this discussion shall take place during working hours or not. The Superintendent or his/her designated representative shall give his/her written answer to the grievance within ten school days following the conclusion of the meeting to the aggrieved person and the President of the Association. If the grievance is not satisfactorily settled at this step, it may proceed to level 3.

Level 3.        The level 2 decision must be appealed in writing within ten school days after receipt of the written answer of the Superintendent by the Aggrieved to the Committee and a copy shall be sent to the President of the Association. The Committee or its designated representative and the aggrieved person, counsel and/or authorized representative of the Association, shall meet to discuss the grievance as promptly as possible, no later than fifteen school days, at a time mutually agreed upon by the Chairman of the Committee and the President of the Association. But, in any event, if any person or persons are to represent the coach at this meeting, the Committee will be informed in writing prior to three days before the meeting, of the names and titles of such person or persons. The Committee or its designated representatives shall elect whether this discussion shall take place during working hours or not. The Committee will give its written answer to the grievance within ten school days following the conclusion of the meeting, with a copy sent to the aggrieved person and the President of the Association. If no satisfactory settlement of the grievance is made, it may proceed to Level 4.

Level 4.        The Level 3 decision may be appealed to arbitration by written notice of such intention to appeal within ten school days after the receipt of the written answer under Level 3. This appeal to arbitration shall be in accordance with the procedure and conditions set forth in Article III of this appendix.

SECTION 3.    A grievance not initiated within the time specified shall be deemed waived. Failure of the aggrieved person or the Association to appeal a decision within the time limit specified will mean that the grievance shall be considered settled on the basis of the decision last made and shall not be eligible for further appeal.

Failure of the Committee to answer an appeal within the time limit specified shall mean that the appeal may be taken to the next step immediately. The above limitations may be waived by mutual written agreement of the parties.

SECTION 4.    No reprisals of any kind will be taken by the Committee or any member of the Administration against any party in interest, any school representative, any member of the Professional Rights and Responsibilities Committee, or any participant in the grievance procedure by reason of such participation.

SECTION 5.    Any party in interest may be represented at all stages of the grievance procedure by a person of his/her own choosing from within the bargaining unit or a representative of the Association and/or its affiliates. When an aggrieved person is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure except at Level 1.

SECTION 6.

A.        The Committee will, upon request, provide the Association with any documents in its possession which will assist the Association in developing intelligent, accurate, informed, and constructive programs on behalf of the teachers and their students. The Committee minutes, with the exception of those of Executive Session, are available for the perusal of the Professional Rights and Responsibilities Committee of the Association at the administrative offices. Material which is used by the Committee in the preparation of negotiations and/or grievances shall not be subject to this provision.

B.        All documents, communications and records used in the processing of a grievance will be filed separately from the personnel file of the aggrieved person and shall be made available on request to the aggrieved person and the Association.

ARTICLE III

ARBITRATION

SECTION 1.    In the event either party elects to submit a grievance to arbitration, the arbitrator shall be selected according to and shall be governed by the following procedure:

The arbitrator is to be mutually selected by the Committee and the Association. If the Committee and the Association cannot agree within seven (7) school days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall within five school days, thereafter upon written request to the other, request the Massachusetts Board of Conciliation and Arbitration to provide a panel of arbitrators, said arbitrator then to be selected under the provisions of the Voluntary Labor Arbitration Rules.

SECTION 2.    The Arbitrator shall be bound by the procedure set forth in the Voluntary Labor Arbitration Rules as now in effect or hereafter established by the Massachusetts Board of Conciliation and Arbitration. He/she shall arrive at his/her decision solely upon the facts, evidence and contentions as presented by the parties through the arbitration proceedings. The Arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement and in reaching his/her decision shall interpret this Agreement in accordance with the commonly accepted meaning of the words used herein and the principle that there are no restrictions intended upon the rights and authority of the Committee other than those expressly set forth herein. Subject to the foregoing, the decision of the arbitrator shall be final and binding upon the parties.

SECTION 3.    Notwithstanding anything to the contrary, no dispute or controversy shall be the subject for arbitration unless it involves a grievance as specifically defined in Article VI, Section 1 (a).

SECTION 4.    Sections 1 through 4 above are subject to Massachusetts General Laws, Chapter 150E, Section 1-16.

ARTICLE IV

COACHES' CLOTHING

The Committee will procure for coaches any special clothing required.

ARTICLE V

COACHING CONFERENCES

No more than one day for the purpose of visiting other schools or attending meetings or conferences of a coaching nature may be granted. The Committee will pay the reasonable expenses including fees, meals, lodging and/or transportation incurred by coaches who attend workshops, seminars, conferences or other improvement sessions at the request and/or with the advanced approval of the Superintendent.

ARTICLE VI

COACHING SALARIES

The Committee retains the right to determine which of the positions listed shall be filled annually. In addition, it is the right of the Committee to add any new assignments it deems advisable. The Committee will set the initial salary for these new positions. The Association will be notified when new positions are created. If the Association petitions the Committee in writing within thirty (30) days, it shall have the right to negotiate the salary of any newly created positions.

The following is a list of approved positions and their salaries:

COACHES SALARY SCHEDULE

APPENDIX II - LEAVE OF ABSENCE FORM

RANDOLPH PUBLIC SCHOOLS

RANDOLPH, MASSACHUSETTS 02368

PERSONAL LEAVE OF ABSENCE

REQUEST FORM

DATE:______________

NAME:____________________________________________________________________

SCHOOL:__________________________________________________________________

DATE OF LEAVE:____________________________________________________________

I am hereby requesting a temporary leave of absence in accordance with Article XXVII, Sub-section la. for the following reason:

(check one)

____________ Legal

____________ Business

____________ Household or Family Matters

____________ Personal*

* I understand that personal leaves for the purpose of extending a holiday or vacation will not be granted, except in unusual circumstances and will require the approval of the Superintendent. Therefore, I am providing a brief explanation of such unusual circumstances below:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

SIGNATURE OF APPLICANT _________________________________________

PRINCIPAL'S SIGNATURE (if applicable) ________________________________

(acknowledgment only)

SUPERVISOR'S SIGNATURE (if applicable) ______________________________

(acknowledgment only)

_________________________________                                           __________________

CENTRAL OFFICE APPROVAL                                                         DATE

APPENDIX III - SICK BANK GUIDELINES

RANDOLPH EDUCATION ASSOCIATION SICK BANK GUIDELINES

REVISED AS OF SEPTEMBER 1. 2005

I.          Introductory Statement

A. A "Sick Leave Bank" will be established whereby all members covered by the Agreement received additional sick leave upon exhaustion of their own earned and accrued sick leave through prolonged illness.

II.         Eligibility of Membership

A.        All Unit A Members are eligible to participate in the "Sick Leave Bank".

B.         New employees are eligible to participate in the "Sick Leave Bank" as soon as a single day of personal sick leave is earned and contributed to the Bank.

III.       Funding the Bank

A.        During the enrollment period, an eligible employee acquires the applicant's donation of one day of earned sick leave to the bank.

B.        The application for membership shall specifically authorize the applicant's donation of one day of earned sick leave to the Bank. Said authorization will be signed by the employee before October 15 of the school year in which enrollment is open and will be kept on file by the "Sick Bank" Committee. A copy will be sent to the Superintendent's Office.

C.        Application for membership in the Bank must be made by new employees within ninety (90) days from the time their contract becomes effective.

IV.       Administration of the Bank

A.        The "Sick Leave Bank" shall be administered by the Sick Bank Committee.

B.         Effective until the expiration of this Agreement, the Sick Bank Committee shall consist of six (6) members covered by the Unit A contract, who will be approved by the RE A Representative Council and one (1) member designated by the Committee.

C.         The Sick Bank Committee shall consist of:

1.                  President of the Association (ex officio)

2.                  Sick Bank Chairperson

3.                  One representative from the high school.

4.                  One representative from the junior high school.

5.                  One representative from the elementary school.

6.                  One representatives from the nurses.

7.                  Committee Designee

V.        Duties of the Sick Bank Committee

A.        The Sick Bank shall govern all phases of the Bank.

B.         The decisions of the Sick Bank Committee may be appealed to the Committee for review or hearing by any participating Bank member directly affected by a given decision and/or any member of the Committee itself.

C.         If mutual agreement has not been reached (Article V Section B) the member has the option to appeal the case to an Appeals Board appointed by the REA Representative Council.

VI.       Provisions for Benefit Payment

A.         Before a participating member may receive any benefits, he or she must have exhausted all annual or accumulated sick leave.

B.         The "Bank" days shall not be granted in most cases for three (3) work days following the last day on which the participating member received annual or accumulated sick leave.

These three days may be waived by the Sick Bank Committee when the appropriate paper work has been completed and the illness is considered by the licensed physician to be serious or if the illness is of duration of at least two weeks.

C.         The Sick Bank Committee may approve withdrawal of up to and including twenty (20) days upon initial application of the participating member.

D.         The number of sick days requested from the Bank must be specified at the time of initial request.

E.         The participating member may request an additional number of sick days to cover the period beyond the first twenty (20) days referred to in Section C. Said request for additional days may be made before the twenty (20) days have expired or after they have expired, in which case they may be applied retroactively.

F.          Sick days are defined as normal work days, excluding holidays, and vacations and other non-working days. Payment will be made on a regular workday basis as sick leave is presently done. Salaries obtained from extracurricular or other such activities will not be included.

G.         Any eligible member who teaches less than a full schedule is entitled to a proportional number of days up to the maximum number that they could draw annually.

For example: A teaching schedule of:

H.         In order to expedite benefits, application for benefits must be made to the Sick Bank Committee five (5) calendar days prior to the expiration of the participating member's own sick leave (annual and accumulated), except in cases as determined by the licensed physician. Benefits shall not commence until the participating member's own annual and accumulated sick leave has been exhausted and three (3) additional work days have passed, unless waived according to the guidelines set forth in Article VIB above.

I.          The application for benefits must be accompanied by a certification of illness or disability completed and signed by the licensed physician. The Sick Bank Committee may require additional information beyond a doctor's certificate during the time that days are being used by a participating member. If the additional information is not provided for the Sick Bank Committee, said Committee may vote to stop the withdrawal of the Bank days.

J.          Any misuse or abuse pertaining to the Sick Leave Bank that comes to the attention of the Sick Bank Committee will be reviewed by said Committee. After review, if the Committee deems it necessary the Committee will request repayment for those days, which were the subject of abuse and/or will move to terminate the membership of the teacher in the Sick Bank.

K.         Benefits under the Sick Leave will not extend beyond the participating member's term of employment.

L.         Approval of sick leave days granted requires a majority vote by five (5) members of the Sick Bank Committee.

M.        Approval of sick leave days granted requires a majority vote by the five (5) members of the Sick Bank Committee.

N.         If the Town is found to be responsible in a Workman's Compensation case, any days used by the participating member will be reimbursed fully to the Sick Leave Bank by the Town.

VII.      Termination of Agreement

Any sick leave granted under the provisions of these guidelines shall expire at the end of the applicable year.

VIII.     Continuation of Sick Leave Bank

Days left in the Sick Bank at the end of a school year will be carried over and applied to the following school year.

APPENDIX IV

SIDE LETTER AGREEMENT JUNE 19, 1998

HIGH SCHOOL SCHEDULING REVIEW COMMITTEE

PURPOSE:

The purpose of this committee will be

-  To review the current schedule

-  To consider alternative scheduling models and

-  To make recommendations to the Headmaster

SCOPE:

The scope of this committee would be advisory in nature and limited by contractual agreements, school committee policy and job description definitions.

COMPOSITION:

-  The Headmaster and/or designee(s)

-  A minimum of two (2) Middle School and two (2) High School members

MEETINGS:

-  The first meeting will be convened on or about Nov. 1.

-  Additional meetings will be scheduled as deemed necessary

-  Meetings will be open to all interested parties

-  A summary report will be made to the Headmaster prior to February vacation.

GOVERNANCE:

-  The committee will be co-chaired by an administrator and a staff member.

-  Consensus will be sought on issues discussed.