Salem

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DistrictSalem
Shared Contract District
Org Code2580000
Type of DistrictMunicipal K12
Union AffiliationAFT
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersNorth Shore RVTSD
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityurbanized centers
Number of Schools10
Enrollment4496
Percent Low Income Students53
Grade StartPK or K
Grade End12
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AGREEMENT

Between

THE SALEM SCHOOL COMMITTEE

and

THE SALEM TEACHERS UNION LOCAL 1258

TEACHERS

AMERICAN FEDERATION OF TEACHERS, AFL-CIO

2011 -2014

PREAMBLE

The School Committee of the City of Salem and the Salem Teachers Union, Local 1258, AFT, AFL-CIO, agree that they have a common public and educational area of concern, in addition to economic matters such as salary and working conditions:

The School Committee and the Salem Teachers Union wish to declare their mutual intent to work together toward the achievement of educational excellence in the City of Salem.

This goal will be approached constructively through periodic consultation. Such consultation will take place without trespass or interference upon the distinct and special powers and duties of either party in the process.

To this end the Union will, from time to time, present to the Committee its views and suggestions on certain school problems clearly within its knowledge and province as the agency in the school system having the closest over-all contact with the classroom teacher.

It is hoped that this continuing consultation throughout the school year will contribute significantly to the advancement of public education in the City of Salem.

WHEREAS: the parties believe the collective bargaining method is workable and competent and will add dignity and increased professionalism in its best sense to the joint effort of the Union and the Committee to reach agreement, and

WHEREAS: the parties wish to declare their intention to cooperate fully in what must be the joint objective of the bodies, the best education possible for Salem's children, and

WHEREAS: the Union has demonstrated in a secret ballot election that it is the choice of a majority of those persons in the Bargaining Unit as their representative for collective bargaining and, in accordance with Committee action on the 14th day of November of 1966, is the exclusive bargaining agent for all such teachers, and

WHEREAS, the Salem School Committee, hereinafter referred to as the "Committee," and the Salem Teachers Union, Local 1258, AFT, AFL-CIO, hereinafter referred to as the "Union", have met in collective bargaining for the purposes of negotiating the wages, hours, standards of productivity and performance, and any other terms and conditions, including class size and workload, for the Bargaining Unit commonly known as the Teachers Unit and

WHEREAS, as a result of such meetings, the Committee and the Union have reached agreement as to said mandatory subjects of bargaining and

WHEREAS, Massachusetts General Laws, Chapter 150E, Section 7 requires that such Agreement be reduced to writing, it is

THEREFORE AGREED, as follows:

That the Collective Bargaining Agreement entered  into between the Salem School Committee and the Salem Teachers Union for the period September 1, 2010 to and through August 31, 2014, is hereby incorporated herein and made a part hereof with the following amendments:

A.        Article XV, entitled "Duration" is hereby amended by deleting the present language and inserting in place thereof the following:

"This Agreement and each of its provisions shall be effective as of September 1, 2011, except as otherwise provided in this contract, and shall continue in full force and effect until August 31, 2014,"

B.        Appendix A is hereby amended by deleting the present Appendix A and inserting a new Appendix A attached hereto and made a part of hereof. Said new Appendix reflects an increase in the rates of pay above those set forth in the Appendix for School Years 2011-2014 in accordance with Article III, Section A2.

Signed this twenty-fifth day of February, 2013.

FOR THE COMMITTEE   FOR THE UNION

Mayor Kimberly Driscoll

Joyce Harrington, President

Deborah Amaral

Ann Berman

Nate Bryant

David Conwell

Janet Crane

Kathryn Dipietro

James M. Fleming

Donna Hale

Lisa Lavoie

Paul Rodolico

Brendan R. Walsh

Edmund Tarallo

 

Carolyn Townsend

THEREFORE AGREED, as follows:

Article I

UNION RECOGNITION, JURISDICTION AND DEFINITIONS

A.     Union Recognition

The School Committee recognizes the Salem Teachers Union as the exclusive bargaining representative for all persons in Bargaining Unit A which consists of all classroom teachers, including Chapter I/Title I Teachers (Assistant Teachers), Permanent Substitute Teachers, Guidance Counselors, Adjustment Counselors, School Librarians, School Nurses, Coordinators (shall include all coordinator titles of current Unit A personnel), Curriculum Coordinator, Technology Integration Specialist, Science Integration Specialist, Technology Resource Teacher, School Psychologists, Head Teachers, Team Teachers and Department Heads in the Elementary, Middle and Senior High Schools, Instructional Coaches and the position of Supervisor of Attendance only for the time said position is held by Catherine Connelly excluding all other employees of the School Department.

B.     Jurisdiction

The jurisdiction of the Union shall include those persons now or hereafter who perform the duties or functions of the categories of employees in the Bargaining Unit.

C.     Definitions

The term "school", as used in the Agreement, means any work location or functional division maintained by the School Department in which the educational process is carried on.

The term "Principal" and "Director", as used in this Agreement, means the responsible administrative heads of their respective schools, or subject areas.

The term "teacher" or "person", as used in this Agreement, means a person employed by the Committee in the Bargaining Unit as described in Article I.

The term "nurse" as used in this agreement means a person employed by the district in the bargaining unit as described in Article 1.

The term "Union Representative", as used in this Agreement, means the Union Building Representative or other qualified designee of the Union.

Wherever a personal pronoun is used in this Agreement, such pronoun shall be understood to apply equally to both male and female members of the Bargaining Unit.

Whenever the singular is used in this Agreement, it is to include the plural.

The term "Committee", as used in this Agreement, means the Salem School Committee and school administrative organization.

The term "Union", as used in this Agreement, refers to the Salem Teachers Union, Local 1258, American Federation of Teachers, AFL-CIO.

The term "parties", as used in this Agreement, refers to the Committee and the Union as participants in this Agreement.

"Teaching Specialists", for the purpose of this Agreement, refers to teachers in the elementary and middle schools who are specialists in the following areas: Music, Art, Physical Education, Science, Family and Consumer Science and Technology Education.

Article II

COMMITTEE RIGHTS CLAUSE

Section A.

It is agreed that the School Committee of the City of Salem, hereinafter called "The Committee" or "The Salem School Committee", is a public body established under, and with powers provided by, the General Laws of the Commonwealth of Massachusetts, and nothing in this Agreement shall be deemed to derogate from, or impair any right or duty conferred upon the Committee by statute or by any rule or regulation or an applicable agency of the Commonwealth of Massachusetts.

Section B.

Except as otherwise provided in this Agreement, or as otherwise provided in any law or rule or regulation promulgated under law, the School Committee, acting through its Superintendent and/or other administrative representatives, shall exercise its functions, duties, and responsibilities in such manner as may be prescribed by such law or laws as may now or subsequently be in effect.

Among the functions, duties, and responsibilities included, but not limited thereto nor wholly inclusive, shall be the following: To hire, promote, transfer, assign, retain and/or grant professional status to employees within the Salem Public Schools and to suspend, discharge, or take such other disciplinary action as may be provided for by law.

Section C.

The failure of the Committee to exercise any right or power hereby reserved to it, or the exercise by it of any such right in a particular manner, shall not be deemed a waiver nor a restriction of any such exercise of rights.

Section D.

The Committee retains all powers, rights, duties and authority which it had prior to entering into this Agreement except those matters agreed to herein.

Article III

SALARY AND RATES OF PAY

Al. Basic Salary and Longevity Schedules

The salaries and longevity schedule of the members of the Bargaining Unit are set forth in Appendix A which is attached to, and made part of, this Agreement.

A2. The Salary Appendix is hereby amended by deleting said Appendix and inserting the salary schedule attached hereto and made a part hereof. Said new salary appendix reflects the following:

Effective September 1, 2011 an increase by eight hundred dollars ($800.00) to each step; effective September 1, 2012, a two percent (2%) increase and effective September 1, 2013, a two percent (2%) increase. In addition, said Appendix will reflect a new salary scale consisting of thirteen (13) steps, to be effective August 31, 2014 at 11:59pm.

B.    Placement on the Salary Schedule

1.       Credit for prior teaching experience shall be granted. For salary-credit purposes a minimum of 90 days service, within a school system within one school year, shall be the basis for computing one year's teaching experience.

2.      New teachers shall be credited with one step for active military service not less than two years, except such credited time shall not be applicable to professional status. The maximum credit allowed shall be two steps for service not less than two years.

C.     Course Credit

Courses taken for advancement on the salary schedule must be approved in advance by the Superintendent of Schools or his/her designee.

D.     Hourly Rate of Pay

The hourly rate of pay shall be forty-five dollars ($45.00).

Effective September 1, 2010 - $45.00

E.     Increments for Advanced Credit

Changes in salary through the attainment of additional professional credits shall be made in September and February of each year.

F.     Anniversary Date

For purposes of salary payment, teachers serving more than one-half school year will advance a step on the salary schedule each September.

G.    Mileage Allowance

Traveling teachers covered by this Agreement who are authorized to use private automobiles for school business shall be reimbursed at the Internal Revenue Service rate in effect on September 1 of each year.

H.    Itemized Payroll Deductions

A statement of itemized payroll deduction shall be included with each salary payment.

I.     Differential for Department Heads

The differential for department heads shall be $3,361.00 per year.

J.     Differential for Counselors, Coordinators and Nurses

la. The differential for the following counselors, coordinators and nurses shall be three thousand dollars ($3,000.00) per year:

1b. Effective as of the beginning of the 2007-2008 work year for Counselors and Coordinators, and nurses said differential shall be three thousand dollars ($3000 .00)

Adjustment Counselor

Community Outreach Coordinator

Conflict Resolution Coordinator

Curriculum Coordinator

Foreign Language Coordinator

Guidance Counselor

Hawthorne Coordinator

Health Coordinator

Music Coordinator

Nurses

Nurse Coordinator

Out of District Psychologist/Coordinator

Psychologist/Coordinator

Reading Recovery Coordinator

Technology Integration Specialist

2a. Hours of Counselors, Coordinators and Nurses include working a week before school opens, a week after school closes, parental conferences, and a defined work day commencing with the teacher work day to one-half hour after the close of school, Monday through Thursday. The time for guidance counselors may be adjusted to additional time before school as long as Guidance Services are available up to one-half hour after school closes, Monday through Thursday, by Counselors and Coordinators. These schedules will be arranged with the Director of Guidance.

2b. Effective with the 2008-2009 work year, the hours of Counselors, Coordinators and Nurses include working four (4) days before school opens, three 3 days after school closes, parental conferences, and a defined work day commencing with the teacher work day to one-half hour after the close of school, Monday through Thursday. The time for Guidance Counselors may be adjusted to additional time before school as long as Guidance Services are available up to one-half hour after school closes, Monday through Thursday by Counselors and Coordinators. These schedules will be arranged with The Director of Guidance.

K.    Differential for Coordinator of Student Activities — High School

The differential for the Coordinator of Student Activities shall be $5,300.

L.    Teaching Before and/or After the Regular School Year

Any teacher, except those on a differential, required to work a week before and/or following the close of school shall be paid at the pro rata of the annual salary.

M.   Substitute Teachers Pay

Pay for substitute teachers shall be $70.00 a day. Those substitutes serving twenty (20) consecutive days shall be placed on the salary schedule provided in this contract.

N.    Extracurricular Payment

Existing extracurricular payments are set forth in Appendix B, which is attached to, and made a part of, this Agreement.

Prior to April 30th of each school year, the Committee shall develop a comprehensive list of all stipend activities to then be reviewed by the Union. Upon agreement of said list by the Committee and the Union, it shall become Appendix B of the Agreement effective for the current contract year and as such forwarded to the Teachers Retirement Board.

O.    Method of Salary Payment

Salaries shall be paid in twenty-six equal installments beginning on the Friday nearest to September 15 and continuing on every other Friday thereafter. Personnel desiring a lumpsum payment of money at the end of June may receive all accumulated monies by notifying the Superintendent by May 1.

Members of the Bargaining Unit may choose to receive their salaries in twenty-one equal paychecks. Personnel selecting such option must do so by September 1 in any year.

Said election shall remain in effect for the remainder of the year and from year to year thereafter unless notice is made as set forth above.

Yearlong stipends shall be paid in two (2) installments during the months of December and June, if possible in a separate check from the bi-weekly payroll check. Seasonal stipends shall be paid, during the month of December for fall activities and during the month of June for winter and spring activities, if possible in a separate check from the bi-weekly payroll check.

P.     Severance Pay/Sick Leave Buy Back

1.   Severence Pay

On the retirement or death of a teacher who has been continuously employed prior to September 1, 2000, payment for accumulated sick leave will be made to the teacher or his/her estate up to a total of eighty (80) days. on the retirement or death of a teacher who has been employed on or after September 1, 2000, payment for accumulated sick leave will be made to the teacher or his/her estate up to a total of forty (40) days. Effective January 1, 2013, employees hired on or after this date shall not be eligible for any severence pay as described above.

To be eligible for this payment, retiring teachers must provide the Superintendent with sixty (60) days advance notice of said retirement, except in emergency situations.

For the purpose of this section, the word "retirement" is defined as being an employee who is eligible for and receiving benefits in accordance with the rules and regulations of the state teachers and/or local contributory retirement system. Proof of receiving benefits, by means of a copy of the initial retirement check, shall be submitted to the Superintendent of Schools, prior to the payment of benefits provided for by this section.

2. Sick Leave Buyback

a)   Effective January 1, 2013, employees hired on and after said date shall be eligible to buy back, in January of each year, up to two (2) days per year, if the employee has not used fifty percent (50%) of his or her sick leave accrued for the prior calendar year. The daily rate paid shall be two hundred fifty dollars ($250.00).

b)  Effective January 1, 2013, employees hired before said date and who have attained ten (10) years of service, shall be eligible to buy back fifty percent (50%) of sick leave accrued up to forty-five (45) days at one hundred twenty-five dollars ($125.00) a day, To be eligible to buy back such days, the employee must have at least thirty (30) days remaining on the books following such buy back.

c) Employees who have attained five (5) years of service, shall be eligible to buy back up to forty-five (45) days at sixty-five dollars ($65.00) a day. To be eligible to buy back such days, the employee must have at least fifteen (15) days left on the books following such buy back.

d)  Any days bought back under the above provisions shall reduce the number of days payable to the employee at the time of retirement by the number of total days bought back.

e) Any payments made to an employee under these provisions may be deposited directly into an employee deferred compensation account at the employee's discretion.

f) The Sick Leave Buy Back Plan is voluntary.

Q.    Payroll Deductions

Payroll deductions shall be made for teachers desiring to deposit money in the Credit Union for any purpose designated by the teacher.

Payroll deductions shall be made available for teachers who wish to participate in the Union sponsored Committee on Political Education (COPE).

R.    Payment for Supervisory Personnel — Summer School and Evening School

1.      The Supervisor of Evening School shall be compensated at the rate of $1,800 per season. The Supervisor of Summer School shall be compensated $1,500 for the session.

2.      The Assistant Supervisor of Evening School shall be compensated at $1,100 per session.

3.     The parties agree to a continuing evaluation of the relationship of supervisory payment to evening school personnel.

S.    Differential for Head Teacher

Head teachers shall work a teacher's day and a teacher's year and shall teach 2-4 periods a day as determined by the Principal, and have one preparation period a day. The positions shall be posted. Head teachers shall receive a differential of $3,500.

T.     Differential for Team Leaders

Team leaders shall work a teacher's day and a teacher's year. They shall have monthly meetings with the Principal, the time and duration of which shall be determined by mutual agreement between the team leaders and the Principal. Team leaders shall be elected by team members. Team leaders shall receive a differential of $1, 250.

Article IV

SUPPLEMENTAL BENEFITS

A.     Health Insurance

1a. The City has transferred its employee subscribers to the State Group Insurance Commission. For the period July 1, 2012 through June 30, 2015, the City shall contribute (a) sixty-five percent (65%) to the cost of a non-Medicare indemnity plan, with the employee contributing thirty-five percent (35%).

b.   For the cost of a non-Medicare preferred provider plan (PPO), the City shall contribute seventy percent (70%) with the employee paying thirty percent (30%).

c.   For the cost of a non-Medicare HMO plan, the City shall contribute seventy-five percent (75%), with the employee contributing twenty-five percent (25%). The contribution of the employee shall be paid with pre-tax dollars as authorized by Section 125 of the Internal Revenue Code."

2. The cost sharing provisions as set forth in 1 above are subject to negotiations only between the City and the Salem Public Employee Committee and not individually with the Salem Teachers Union."

B.     Life Insurance

The City of Salem shall provide 65% of the cost of a $5,000 life insurance policy as adopted by the City under Chapter 32B of the General Laws of the Commonwealth.

C.     Pension

The parties agree that all provisions of the Massachusetts Teachers Retirement Plan shall be made a part of the Agreement.

D.     Worker's Compensation

Teachers are covered by the Provisions of the Massachusetts Worker's Compensation Act.

E.    Tax-Sheltered Annuities

So as to provide for a non-forfeitable, tax-sheltered annuity payable upon retirement or termination of employment, a teacher may contract with the Committee for the purchase of an annuity pursuant to the provision of the General Laws of Massachusetts as part of his or her employment compensation. Such contract shall specify the premiums to be paid toward the annuity, the method and form of payroll deduction or other form of premium payment.

Article V

LEAVES OF ABSENCE

A.    Sick Leave

1.      Accumulation and Reserve

Every member of the Bargaining Unit shall be granted 1.5 days of leave at the commencement of each month of service to a maximum of fifteen (15) days per school year for the purpose of absences caused by illness. Teachers at the Saltonstall School shall be entitled to a maximum of sixteen and one-half (16.5) days per school year. Such leave not used in the year of service shall be accumulated for use in subsequent years.

At the end of sixty (60) consecutive days the School Committee may, as its prerogative, require that a physician representing the School Committee be allowed to examine the teacher and report his findings to the School Committee.

No teacher shall lose sick pay as a result of the hiring of a substitute teacher. For teachers now in the Bargaining Unit, all accumulated sick leave, including extra-days sick leave based upon years of service acquired by members of the Bargaining Unit, shall be added to the days of sick leave provided for in this section.

Teachers will be notified in September of their total accumulated sick days.

2.      Sick Leave for Tuberculosis

Any teacher in the Salem School Department, excluded or removed from employment on account of tuberculosis in a communicable state, shall be carried on sick leave with pay for the entire period of such exclusion or removal, but in no case for more than two (2) years and for such further additional period as he may be entitled to under regulations of the Salem School Committee.

3.     Job-Connected Injury, Assault

All members of the Bargaining Unit shall be granted fully paid leave, without loss of pay, for absence caused by injuries, assault or battery sustained by teachers in connection with their employment by the Committee. The period of such leave shall cover the period of disability. Such leave shall not be charged against the teacher's sick leave.

Upon presentation of medical bills, each teacher shall be reimbursed by the Committee for all medical expenses, to the extent that such expenses are not already covered by the Committee.

Teachers may, at their option, elect coverage under Worker's Compensation as an alternative to this section. While out on Worker's Compensation, a member, upon request, may be able to draw from sick-leave benefits to make up the difference between the Worker's Compensation coverage and his regular week's wages.

4.     Sick-Leave Bank

There is hereby established a Sick-Leave Bank for the employees covered by the Collective Bargaining Agreement under rules and regulations established by the Union, approved by the Committee under the following conditions:

a.   Any employee, who so desires, may assign one sick-leave day to the general Sick-Leave Bank within thirty (30) days from the execution of this Agreement or, for new employees, within thirty (30) days from the date of employment.

b.   At any such time that the total number of days in Sick-Leave Bank is reduced to one hundred (100), any employee wishing to continue membership shall contribute one additional day. In the event that an employee has no sick-leave credit from which to contribute and said absence of sick-leave credit is the sole result of earlier participation within the bank during that school year or current participation within the bank, then that employee shall continue to be a member but must contribute a sick day as soon as he or she receives creditable sick leave.

c.   Any employee who is a member of the Bank and who has exhausted his or her personal sick leave shall, upon the 6th consecutive payless sick day, draw upon the Bank, provided the illness is certified by a physician selected by the School Committee. The School Committee shall select said physician from a list of physicians, said list having been mutually agreed to between the parties to this Agreement. In the event that the selected physician cannot conduct such an examination prior to the employee being removed from the payroll, then the employee, upon presentation of his or her own personal physician's report verifying illness, shall draw from the Bank. The School Committee may verify such illness by use of the panel physician; and, if in the event said physician determines the employee is capable of working, then said employee shall be immediately terminated from the use of said Bank. The expense of the examination of the panel physician shall be borne by the Committee.

d.   The sixty (60) consecutive-day examination requirement as set forth in Article V - A-l shall also apply to participants of the Sick-Leave Bank.

e.   In no event shall any employee be entitled to draw more than one hundred eighty (180) consecutive days from said Bank.

f.   When new members of the Bargaining Unit are initially employed, the Administration shall provide such members with the Union-drafted, sick-leave-bank enrollment form. The Administration will inform the Union's First Vice-President of new memberships. When the sick-leave bank is reduced to 100 days, the Union will provide the members of the Bargaining Unit with the following notice:

The Sick Bank has been reduced to one hundred (100) days. If you wish to remain a member, one (1) additional day will be automatically deposited to the Sick Bank and your membership will continue. If you wish to be removed from the Sick Bank, would you please notify payroll in the Administration Building, in writing, fifteen (15) days from the date of notification. Failure to notify in writing will automatically continue your membership in the Sick Bank.

5.     Excessive Use of Sick Leave

In the event the use of Sick Leave by a teacher becomes excessive and/or demonstrates an identifiable pattern, then said teacher shall be subject to the following procedure:

a.   Written notice of such use.

b.   If, after the issuance of written notice, the teacher continues in his or her excessive use and/or patterned use of sick leave, then said teacher shall be placed on a "probationary" sick leave status for a period of ninety (90) days, during which period all sick leave absences must be medically documented.

c.   In the event that following a. and b. above, the teacher continues in his or her excessive and/or patterned use of sick leave, then said teacher will be subject to further progressive disciplinary action.

d.   The provisions of this subsection shall be subject to the grievance and arbitration procedure of this Agreement, applying a "just cause" standard.

B.    Leave With Pay

1.      Short Term Leave For Personal Business

a.  Teachers will be allowed to utilize three (3) days per year for unrestricted personal business not taken before or after a holiday or vacation period. Whenever possible, three (3) school days written notice shall be given to the School Principal, or in the case of teachers assigned to multiple schools, to the Superintendent of Schools.

b.   Personal leave shall not be granted for successive days nor on the school day before or after a holiday or vacation period except with the prior approval of the Superintendent.

2.      Sabbatical Leave

Three-fourth (3/4) paid sabbatical leave for study may be granted following seven (7) years of permanent service, upon recommendation of the Superintendent, with the approval of the School Committee, up to a maximum of three (3) individual leaves per school year. A teacher who takes a sabbatical year for study should pursue a systematic course of study during the entire school year in residence under the auspices of an educational institution approved by the Superintendent of Schools, taking at least ten, three-hour courses up through the Masters level, or their equivalent. Such courses must be listed on the application for sabbatical. Teachers granted such leave must agree in writing that services following the leave shall be rendered in the Salem Public Schools for at least two school years, and that in default of completing such service, the teacher shall refund to the City of Salem an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered, as agreed, bears to the whole amount of service agreed to be rendered.

All applications for sabbatical leave shall be submitted by the preceding April 1.

3.      Leave for Health

Sabbatical leave for health reasons at half pay may be granted upon presentation of physicians' recommendation following seven (7) years of permanent service in the Salem Public Schools.

4.      Short Term Military Leave

Every person who is a member of a reserve component of the Armed Forces of the United States shall be granted, in accordance with Section 59 of Chapter 33 of the General Laws, leave of absence, without loss of pay, during the time of his annual tour of duty as a member of such reserve component; provided, however, that such leave shall not exceed seventeen (17) days.

5.      Selective Service Tests

Each teacher shall be granted his regular salary, without loss of pay, when required to be in attendance for a selective service examination, physical examination, or other tests required by the United States Government.

6.      Service Credit for Leave with Pay

Each teacher granted leave with pay shall, upon his return, be entitled to claim service credit for seniority, longevity, retirement, appropriate placement on the salary schedule and increments due him in accordance with the length of his leave and progression requirements. Teachers on such leave shall be permitted to pay regular monthly contributions based upon earnable salary as a teacher for the period of such leave.

The Committee agrees to recommend to the State Retirement Board that the time spent on leave of absence pursuant to this section be granted as service credit for retirement purposes and that teachers receiving such leave of absences be permitted to pay regular monthly contributions based upon their earnable salaries as teachers for the period of such leave.

7.      Leave for Conference, Conventions, etc.

With approval of the School Committee, official delegates of the Salem Teachers Union shall be granted leave with pay to attend conventions of affiliated bodies, education conferences, or other functions which contribute to the advancement of educational welfare in the City of Salem.

8.      Leave for Visiting Days

With the approval of the Superintendent, each teacher in the Salem Public Schools may be allowed, without loss of pay, at least one (1) day per year for visiting other classes within or outside the city, for educational conferences or conventions.

9.      Religious Holidays

Time off, without loss of pay, will be granted for the observance of required holidays of any religious sect or belief, but not to exceed three (3) days in any school year.

10.    Funeral Leave

Five (5) days funeral leave without loss of pay shall be granted to teachers upon the death of anyone in the teacher's immediate family or anyone residing in the same household with the teacher.

Immediate family shall include the teacher's spouse, child, mother, father, sister, brother, grandparents, grandchildren, son-in-law, daughter-in-law, parent-in-law, step-mother, step-father, step-child, step-grandchild, step-sibling or any individual or relative of the teacher or their spouse residing in the employee's house at the time of death or at the commencement of the final illness or accident.

One day funeral leave without loss of pay shall be granted to teachers upon the death of the teacher's brother-in-law, sister-in-law, aunt, uncle, niece or nephew.

11.    Pregnancies and/or Related Conditions

Pregnancy and/or related conditions are considered temporary disabling conditions and are therefore creditable to accumulated sick leave. Teachers are to consult with their physicians to determine the most advisable periods for either the temporary cessation of their services or their healthful return to work. Such information is to be provided as soon as possible to the Administration in order to enable the school system to make necessary arrangements for instruction.

In the event that accumulated sick leave is exhausted, or in the event that the teacher wishes to apply for unpaid maternity leave, the procedures outlined in Article V, Section C-4 shall be applicable.

12.    Jury Duty

Members of the Bargaining Unit who are called for jury duty shall be made whole for such service, less any compensation received by the employee. Every effort shall be made to schedule jury duty to non-school days. Employees shall submit proof of service to the School Department.

13.    Paid Paternity Leave

Any member of the STU's bargaining unit who qualifies under the federal Family & Medical Leave Act of 1993 ("the FMLA") for leave due to the birth of a son or daughter of said employee, who has sufficient accumulated paid sick leave available to her/him for the purpose , may use up to ten (10) days of said accumulated paid sick leave within a 12-month period, providing he/she satisfies the procedures required by the FMLA for taking such leave. Such paid sick leave shall hereafter be called "paternity leave".

14.    Paid Family Illness Leave

Any member of the STU's bargaining unit who qualifies under the FMLA for leave in order to care for a spouse, son, daughter, or parent who has a serious health condition, or to care for a covered service member of the Armed Forces of the United States, as defined and described in the FMLA, who has sufficient accumulated paid sick leave available to her/him for the purpose, and who satisfies the procedures required by the FMLA for taking such leave, may use not more than twenty (20) days of her/his accumulated paid sick leave in a 12-month period for what shall hereafter be called "family illness leave".

15.    Combined Paternity & Family Illness Leave

Family illness leave for use as described in paragraph 2, above, may, with suitable documentation, be used by any member of the STU's bargaining unit, who has qualified for paid paternity leave in a 12-month period, up to a combined total of paternity and family illness leave and paid leave of not more than twenty (20) days in a 12-month period.

16.    Applicability of F.M.L.A. Rules for Certification & Eligibility

FMLA rules for certification and eligibility for paternity or family illness leave, including such leave to be used intermittently, shall be as described in the pertinent provisions of the FMLA and its regulations.

17.    Twelve-Month Period Defined

The Salem Public Schools counts the 12-month period for availability of leave under the FMLA by the means described at 29 C.F.R. 825.200(b)(3), viz., "[t]he 12-month period measured forward from the date any employee's first FMLA leave [for approvable reasons] begins .... " This calculation of the 12-month period for use of paternity leave, as described in paragraph 1, above, or family illness leave, as described in paragraph 2, above, or both, as described in paragraph. 3, above, shall be that used by the Salem Public Schools to calculate FMLA leave.

18.    Use of Time from Sick Leave Bank Not Permitted

No time from the teachers' sick leave bank may be used for any portion of paid paternity or paid family illness leave.

C.    Leave Without Pay

1.       General Leave

a.   Leaves of absence without pay may be granted on account of prolonged illness, needed rest, necessities of the home and allied reasons; or they may be granted to regular teachers who are not eligible for sabbatical leaves of absence for the purpose of professional improvement; or they may be granted to regular teachers, other than those selected as exchange teachers, for the purpose of teaching in any school system in the United States; or they may be granted for any other activity which would, in the opinion of the Superintendent, contribute to the future benefit of the Salem Public Schools.

b.   The salary status of a regular teacher on leave of absence without pay remains unchanged during the period of leave.

2.      Leave for Union Service

Teachers who are officers of the Union or who are appointed to its staff may seek and shall be granted leaves of absence without pay for the purpose of performing legitimate duties for the Union. Teachers granted leaves of absence without pay shall, upon their return, receive service credit toward longevity, seniority status, placement on the salary schedule and salary increments due them.

Further, the Committee agrees to recommend to the State Retirement Board that the time spent on leave of absence pursuant to this section be granted as service credit for retirement purposes and that the teachers receiving such leave of absence be permitted to pay regular monthly contributions based upon their earnable salaries as teachers for the period of such leave. Request for leaves granted under this section shall be initiated by the Union for Union service, and/or special study, research or similar relevant purposes to enhance the knowledge and competency of Union in administering its responsibilities.

3.      Military Service

Each teacher shall be granted a leave of absence for military service, without pay, for the duration of compulsory service. A teacher granted such a leave shall, upon his return, receive service credit toward seniority, retirement, longevity, and appropriate annual salary and increments.

4.      Maternity Leave

a.   The School Committee may grant unpaid maternity leave upon request of a teacher.

b.   A teacher on maternity leave may return to school only at the beginning of school in that September immediately following the birth of the child or in the following September.

Written notice of the intent to return must be given to the Superintendent preceding the September in which the teacher intends to return to work.

D.    Involuntary Leaves of Absence

Employees who are terminated from employment in accordance with Article VI, Section N, shall be entitled to an involuntary leave of absence in accordance with the following:

1.      Waiver of Hearing

The Committee shall offer each affected employee the opportunity to waive his or her rights under Massachusetts General Law, Chapter 71, Section 42, which, if accepted by said employee, and in consideration thereof, the Committee will grant said employee an involuntary leave of absence, without pay, for the period of time and under the conditions as set forth in Article VI, Section N, Paragraph 3.

2.      Maintenance of Benefits

Any teacher granted an involuntary leave of absence, as set forth in Paragraph 1 above, shall upon his or her return be entitled to all rights and benefits held at the time of the commencement of the leave.

3.      Health Insurance

It is the understanding of the School Committee that individuals who are granted an involuntary leave of absence under the provisions of Paragraph 1 above will be entitled to retain their health insurance coverage, providing said employee assumes total cost of said coverage.

Article VI

WORKING CONDITIONS

A.    Class Size (Excluding Vocational High School)

1.      The School Committee will establish and maintain the following class sizes:

a. "The system-wide class size average in grades kindergarten through five shall not exceed 25 pupils per teacher. In no event shall any kindergarten through fifth-grade class-room exceed 28 pupils. Such class size is defined as the total number of students in regular classrooms divided by total number of regular classroom teachers."

b. Middle schools

20-30 pupils

c.   Senior high school

20-30 pupils

d.  Resource rooms

12 pupils

e.  Trainable classes

10 pupils

2.      An appropriate number of regular teachers will be hired to make possible the aforementioned class-size maxima.

3.      Every effort will be made in order that the English teachers at the High School shall not be responsible for more than 125 students per teacher.

4.     Whenever possible, classes of Family and Consumer Science, Business Machines, Language and Science Labs, and Technology Education shops shall have a class-size maximum of 18 pupils.

B.    Teaching Load; Teacher Programs

1.      Definitions

a.   "Teaching Periods" are those periods in which the teacher is actively involved with the pupils in the act of teaching and has participated in the planning of the instruction to be conducted.

b.   "Homeroom Classes" are those in which the children assemble in the morning, at lunch time, and at the close of the day for administrative purposes. The time involved is usually a short period and is known as the "homeroom period."

c.   "Administrative Periods" are those periods during which the teacher is programmed for an activity other than teaching.

d.   "Preparation Periods" are those periods during which a teacher is not assigned to a regularly programmed responsibility.

e. Team Planning time at the High School is defined as that time a teacher is assigned to meet with other members of the team to prepare and develop the cluster activities or to discuss other relevant issues such as organization, pupil problems and/or curriculum concerns. Such team planning time shall occur during administrative periods only.

2.      Part Time Positions

a.   All part-time and more than full-time teaching vacancies shall be advertised/posted as are other positions, including the amount of teaching time and certification(s) required.

b.   Preparation time is mandatory for all part-time teaching positions commensurate with the preparation time at the school and additional preparation time shall be pro-rated based upon the teaching requirement of the position.

c.    All part-time teaching positions require that the teacher attend, without additional compensation, all faculty meetings, District sponsored Professional Development, parent-teacher nights, and be scheduled for a "day back" per week for students.

d.  At the High School, each block shall equal - .125 of the teacher work day requirement."

3.      Grades 9-12

a.   A full teacher schedule consists of a maximum of five (5) teaching blocks, two (2) preparation blocks (1 per day) and one (1) administrative block over a two (2) day eight (8) block cycle. Teachers will have a maximum of three (3) teaching blocks on any day. All teachers will have an assignment during homeroom time.

b.   Department heads shall have 3 periods for departmental work and one for preparation daily in the major areas of English, Math, Modern Languages, Business, Science, Social Studies and Technology Education.

c.   In a full five (5) day week, the High School daily schedule shall consist of four (4) blocks a day with homeroom period(s) or extended blocks scheduled during the week. All days will have a thirty (30) minute duty-free lunch. Staff will have the right to continue to look at the best use of the homeroom time.

d.   Whenever possible, first year teachers will not be required to teach more than two (2) teaching preparations at any one time.

e.   No members of the staff shall be required to teach more than three (3) preparations at any one time.

f.   Teachers who agree to take on additional teaching/administrative blocks beyond what is previously mentioned in the paragraph above shall receive regular compensation equal to (1/8) times their appropriate placement upon the basic salary schedule for each additional block they are assigned in lieu of a preparation block. Teacher approval is required on any additional Assignments. Teachers teaching extra classes in lieu of an administration or preparation period shall complete and submit a form so indicating.

g.   A Teacher Aide shall be provided the Science Department to assist in lab preparations. The time allotted shall be three (3) hours per day.

4.     Middle School

a.   Applicants for the teaching position of Mathematics and for the teaching position of Science within the seventh (7th) and eighth (8th) grades must be certified in the subject matter of the position and must have earned twelve (12) units of credit in any second, specific area of certification. Alternatively, applicants must possess an elementary or general certification.

b.   Applicants for the teaching position of Social Studies within the seventh (7th) and eighth (8th) grade must be certified in the said subject matter and have earned twelve (12) units of credit in English or Reading. Alternatively, applicants must possess an elementary or general certification.

c.   Applicants for the teaching position of English within the seventh (7th) and eighth (8th) grade must be certified in the said subject matter and have earned twelve (12) units of credit in Reading or Social Studies. Alternatively, applicants must possess an elementary or general certification.

d.   Applicants for the teaching position of Reading within the seventh (7th) and eighth (8th) grade must be certified in the said subject matter and have earned twelve (12) units of credit in English or Social Studies. Alternatively, applicants must possess an elementary or general certification.

e.   Applicants for teaching positions within the sixth grade must possess an elementary or general certification.

f.    Preparation Periods and Administrative Periods for Middle School Teachers shall be provided with two hundred fifty (250) minutes' preparation time per week and shall be assigned one hundred fifty (150) minutes of administrative time per week.

g. Activity Program—All teachers will participate in a cluster-planned or school-wide activity program.

h. After School Assistance—For one (1) hour each week, Middle School teachers shall remain after school to provide assistance to, and for makeup work for, students. Teachers will request students who are behind in their work to remain after school during the "day back" period.

C.    Duty-Free Lunch Period

All teachers shall be granted a duty-free lunch period of 30 minutes.

D.     Relief from Non-Teaching Duties

1.      Duties of teachers shall not include traffic duty, school banking, and money collections, except, however, when an emergency arises, teachers may be required to assume the aforementioned duties, but only after mutual agreement between the President of the Union and the Superintendent of Schools or their designees.

2.      Collections for picture and insurance money shall be the responsibility of the companies involved.

3.      School registers shall be machine processed.

4.      All administrative duties shall be annually rotated.

E.     Preparation Periods

Elementary: Pre K-5:   Every elementary teacher (Pre K-5) including resource-room teachers shall be provided with at least 160 minutes preparation time per week. Teachers shall be present during demonstration lessons given by Supervisors.

To the end of enriching curriculum, improving teaching service and providing preparation periods, the School Committee shall add needed teaching specialists as it deems necessary.

It is the intention of the District to utilize its best efforts to continue to provide two hundred (200) minutes of preparation time per week to its elementary teachers. This reflects the current practice.

F.     Length of School Year

I. The regular term of all day schools shall constitute 180 school days beginning on the Wednesday following Labor Day and continuing into the month of June until the 180th day period has been attained. However, 185 school days shall be scheduled in the School Calendar; such 5 additional days may be utilized by the Committee to insure the attainment of the required 180 days aforementioned.

School sessions shall be suspended on Saturdays, Sundays and the following holidays and vacations: Columbus Day; Veteran's Day; Thanksgiving Recess (from noon of the Wednesday prior to Thanksgiving until the following Monday); Christmas Recess (beginning no later than the close of school on December 23 and ending no sooner than January 2); Martin Luther King Day; Winter Recess (the week of Washington's Birthday); Good Friday; Spring Recess (the week of Patriots' Day); Memorial Day. Whenever any of the aforesaid holidays falls on a Sunday, schools shall not be in session on the following Monday.

2a. Unless otherwise specifically set forth in this Agreement, the regular work year for all members of the Bargaining Unit shall be one hundred eighty-five (185) days. The five (5) additional days beyond the student school year shall be dedicated to "professional development." The regular work year for all Saltonstall teachers of the Saltonstall School shall be two hundred two (202) days.

2b. As set forth in paragraph 2a, the work year incorporates a full compliment of five (5) Professional Development Days. For School Year 2010 2011, the parties agree that there will be four (4) Professional Development Days as part of the work year. For School Year 2010 - 2011, the one Professional Development Day to be suspended shall be that traditionally scheduled for the last day of school. Unless the parties agree otherwise, the provisions of this paragraph shall expire as of August 31, 2011."

2c. There is hereby established a joint professional development committee consisting of six union members and six school administration members, for purposes of making recommendations to the Superintendent concerning the nature and content for such days, with the goal of creating content based, appropriate, and effective professional development"

G.    Length of School Day

1.    Elementary Schools: Teachers-8:05 A.M.-2:35 P.M. Students-8:20 A.M.-2:25 P.M.

At the initiation of the Administration, the Principal shall call a meeting of the school faculty in June for the purpose of taking a vote to change the school hours within the parameters of 7:30 A.M. and 3:00 P.M. for the following school year. Hours shall not be changed unless the faculty votes in its majority for said change. The length of the workday shall remain the same.

2.   Middle School: Teachers-8:05 A.M.-2:45 P.M.* Students-8:20 A.M.-2:45 P.M.

*Up to four teachers per week shall be required to remain until 2:55 P.M., to provide outside supervision. The teachers shall be equitably assigned on a rotating schedule.

3.   High School: Teachers-7:12 A.M.-2:05 P.M. Students-7:24 A.M.-2:02 P.M.

Any increase in teaching time up to fifteen (15) minutes shall be borne equally by all teachers without exception at the Middle and Elementary schools.

4.   Nothing in the above language shall be construed to prohibit regular after-school sessions and extra-help sessions. Regular after-school, extra-help sessions at the High School shall not extend more than forty eight minutes (48) beyond the conclusion of the student day, except at the discretion of the teacher.

5.   Teacher Meetings

a. Teachers may be required to remain after the end of the regular work day to attend a reasonable number of departmental, individual school or system-wide staff meetings (which shall not include special help or assistance at student corrective remedial interviews) each school year. Such meetings shall not exceed, in the aggregate, twenty-five (25) hours in the school year. Said meetings at the high school shall not extend beyond one hour after the conclusion of the student school day.

In case of extraordinary programs or the introduction of and/or implementation of new programs in the system, the requirements of this section may be waived by mutual agreement of the parties.

b.   Teachers may be required to attend three (3) evening meetings of no longer than two (2) hours duration for each meeting. Said evening meetings shall not be counted as part of twenty-five (25) hours referred to in Sub-paragraph A above. Attendance at other evening meetings or functions shall be at the discretion and responsibility of the individual teachers.

c.   Notification of afternoon meetings must be given one week in advance and of evening meetings, one month in advance.

d.   Except in an emergency, Individual Education Plan and parents meetings to special education students shall not be scheduled by the District before or after the teacher work day, nor during the lunch and/or preparation periods of any teacher involved in said meetings. In the event that such meetings are scheduled before after the teacher work day, any teacher required to attend shall be given at least five (5) calendar days notice thereof and shall be guaranteed a minimum of one (1) hour pay at the contractual hourly rate and compensated on a pro rata basis for attendance beyond one (1) hour. In cases of an emergency, a teacher who is required to attend such a meeting during his/her preparation period and/or lunch period, shall be compensated at the contractual hourly rate for time spent at said meeting.

6.  Extension of Work Day

Effective with the 1990-1991 School Year, the teaching day shall be increased an additional fifteen (15) minutes.

H.    Additional School Facilities

1.      Where possible every class shall be held in a properly heated, lighted, ventilated, sound-proofed and equipped classroom.

2.      Every school building shall have at least one teachers' lounge which is kept clean and provided with suitable furniture when and where possible.

3.      Mailboxes for teachers shall be provided in all schools.

4.      A pay telephone for faculty use may be authorized in each building at no expense to the School Committee.

5.      Sufficient electrical outlets shall be provided and properly placed in all classrooms where possible.

6.      The parties agree that the program now started to expand building facilities will help to relieve pressure caused by overcrowding. However, the Committee agrees as far as feasible it will continue its program to alleviate overcrowding.

7.     The School Department shall prepare and distribute to all faculty a separate directory listing all teachers and providing their home addresses.

8.      Individual teachers are not obliged to underwrite activities with personal funds.

9.      Supplementary teaching materials, such as periodicals, shall be budgeted in excess of the book budget commencing in 1968.

10.    An automatic, telephone-message-taking device or telephone answering service shall be contracted for which will allow staff members to report their absence before the school day begins.

11.    There shall be established referral services for individual testing, psychiatric help and other clinical services on all levels of the school system.

12.   Where possible, facilities for a library collection for reference and circulation shall be provided in all schools.

13.    A central book depository shall be provided so teachers with extra supplies or textbooks may make them available to the entire staff.

14.    The School Committee shall provide telephone access for the private use of teachers. Toll calls from such telephone shall be made at the expense of the teacher at the time of use, using a credit card.

I.     Scholarship Standards: Curriculum

1.      Determinations with respect to the kinds of teaching materials purchased shall be made solely by academic personnel with the approval of the School Committee.

2.      If possible, delivery of all books and supplies for the following year shall be made in June and teachers shall be notified two months before the close of school in June concerning supplies and materials which are denied.

3.     Teachers and department heads shall receive notice when a curriculum committee is to be established. Teachers will be solicited to submit recommendation in their area of education. Proposed major revisions in curriculum shall be sent to teachers for comment before they are adopted.

4.     The parties agree to continued consultation with a view to initiating a more intensive and effective program for the academically talented in the elementary schools.

5.      Industrial arts shall be extended into the seventh grade when and where possible.

6.      Home economics shall be extended into the seventh grade when and where possible.

7.     There is hereby established an "Educational Committee" which shall consist of three members appointed by the Union and three members appointed by the Committee. Said committee shall study and make recommendations as to education issues affecting the school system which shall include, but not be limited to, the following:

a.   Textbook selection and review;

b.   Student promotional and graduation requirements;

c.   Formulation and implementation of plans for computer instruction and in-service training for teachers in the use of computers.

8.     Except in extraordinary circumstances, teachers shall be given written notice of their school, grade, class and/or subject assignment by the close of school of the preceding school year.

J.     Supervision/Evaluation

1.      All observations of teaching performance shall be conducted personally by the administrator evaluating the teacher and with full knowledge of the teacher. The evaluation of teachers shall take place in accordance with the Salem Educator Evaluation System attached hereto, identified as Appendix D and made a part hereof.

2.      An unsatisfactory rating may be grieved.

3.      In the case of an unsatisfactory rating, the person or persons making the rating must have observed the non-professional status teacher in classroom performance at least six (6) times during the preceding year. A single visit shall be of approximately thirty (30) minutes.

4.     The Superintendent of Schools, together with the School Administrators, shall prepare job descriptions for all positions, administrative and supervisory in nature, which affect teachers. The job descriptions shall have a clear definition of the responsibilities of each administrator or Supervisor as they affect the teachers. When teachers are responsible to more than one Supervisor they shall be advised by their Principal of the exact division of such responsibility. The job descriptions of these administrative and advisory positions as they relate to teachers shall be made available to teachers and other members of the staff.

K.    Information at the School Level

1.       All official circulars shall be posted on school bulletin boards for the inspection of teachers and shall be made available to teachers on request.

2.      A copy of current teaching programs, non-teaching assignments, administrative and preparation periods shall be available at each school.

3.      Teachers' schedules shall be sent to the Union President and the individual teacher by August 15 of each school year.

L.    Teacher Files

The School Department shall make every reasonable effort to insure privacy of all teacher files which have been placed on computer disks or hard drives or LAN (Local Area Network).

The official teacher files in the school system shall be maintained under the following circumstances:

1.      The teacher shall be permitted to examine his file upon request. There shall be only one file on a teacher.

2.      The teacher shall be permitted to reproduce the material in his file.

3.      The teacher shall receive prior notification in writing before any addition can be made to his file.

4.     The teacher shall have the right to comment on any material filed, and his comment shall be attached to the file.

M.   Seniority

The School Department shall prepare a seniority list which indicates the date on which all members of the Bargaining Unit were hired, the areas of certification assigned and the certificates held. The Union shall be supplied with this list which shall be kept current. Seniority shall be defined as the length of service in the Salem School Department. Except a teacher who is certified as an administrator, who accepts a temporary administrative position in a building other than his/her own for a period of not more than one (1) year and except for former Chapter I/Title I and present Chapter I/Title I Teachers, periods of service divided by a break due to resignation, termination or employment outside of the Bargaining Unit shall not be added together to determine seniority. As concerning Chapter I/Title I Teachers, in determining seniority, service in Chapter I, which is continuous to subsequent service in the Bargaining Unit, is to be added to present service in the Teachers Unit. However, such Chapter I/Title I service shall not be allowed to bridge previous teacher service which has been breached by Chapter I/Title I service.

Effective September 1, 1985 unpaid leaves of absence will not accrue toward seniority except as provided in Article V, C 2 and 3.

However, employees who left the Bargaining Unit before September 1, 1978, but continued to be employed by the Salem School Committee, may return to the unit with the seniority accrued prior to leaving the unit.

All Summer School teaching assignments will be rotated annually according to seniority, certification and current assignment in the Salem School System.

N.    Termination of Employees

If it should become necessary to terminate employees covered by this contract in case of a decrease in pupil enrollment, the following criteria will be observed:

1.      All non-professional status employees shall be terminated before any professional status employee is terminated.

2.     In the event of a cutback in personnel within the school system, employees shall be laid off on a seniority basis. The seniority list as defined in Article VI, Section M, shall be examined to determine: (a) the least-senior employee currently assigned in the area of certification affected by the cutback; and then (b) the least-senior of the employees of lesser seniority than the employees identified in (a) above assigned in any area of certification held by the employee identified in (a) above, if any. This identification process shall be repeated in order to determine the least-senior employee to be laid off. The present practice of job selection, commonly known as the "pool", shall continue and the Union and Administration shall annually agree to the procedure. In association therewith, members of the Bargaining Unit shall, by January 1, present to the School Administration evidence of ability to be certified in other areas of certification presently not held. The job selection or "pool" shall be held no later than one week prior to the closing of schools.

3.      Rehiring shall also be based on seniority; i.e., the person whose service was terminated last shall be the first re-employed. In the event of a layoff, a recall list will be established. Any teacher on said list who refuses a full-year position shall be dropped from the list. Any individual shall not remain on the list for more than two (2) years. In the implementation of this provision, when a vacancy occurs that would result in an increase of staff (replacement or addition), the Committee could make voluntary transfers, but would agree that those transfers or reassignments would not result in a failure to recall the individual who would have been recalled to fill the original vacancy.

4.      Reassignment of individual teachers, in cases of decreased enrollment, shall be accomplished using the criteria as in termination.

O.    Cooperating Teachers

Acceptance of a teacher trainee shall be voluntary. Advance notice of the assignment of a trainee shall be provided.

P.     Discipline Code

The parties agree to the establishment of a joint committee to prepare a discipline code for the Salem School System. The committee shall submit the text of such a code for consideration by the parties in September, 1970.

Q.    Safety and Health Standards

Where possible primary grades shall be located in classrooms on the first floor of school buildings.

R.    Hiring of Substitutes

1.       Substitutes shall be hired to cover classes of regularly-assigned teachers when they are absent.

2.      In situations where substitutes are not provided, teachers assigned to perform the duties of the absent teacher shall be compensated at the contract hourly rate as set forth in Article III, Paragraph D.

S.    Teacher Resignation or Retirement

Teachers intending to resign or retire shall notify the Superintendent, in writing, at least four (4) weeks prior to the date that said termination is to take effect. Resignations of teachers shall become effective thirty (30) days after the next regularly scheduled School Committee meeting following the above notification.

It is the consensus of the parties to this Agreement that teachers should not resign without due notice to the Administration to allow it a reasonable time prior to the summer months for the hiring of a replacement, and, whenever possible, the teacher's notification of termination in any one year should be filed before February 1st of the year in which the termination is to take effect.

T.    In-Service

A diversified program of in-service training shall be provided for all teachers.

U.    Grade Reporting

1.      Teachers shall not be required to submit quarterly grades sooner than three (3) full school days after the close of the marking period.

2.     Teachers shall not be required to submit five-week progress reports sooner than three (3) school days after the close of such marking periods.

V.    Grade Configuration

1. In the event that the current grade configuration of K-5, 6-8, 9-12 is changed, the parties will meet and negotiate the impact of such change.

W.   Professional Conduct

The parties agree to act at all times in such a manner as to assure proper dignity and respect to both teachers and Administrators.

X.    Tuition Reimbursement

All teachers are eligible for course reimbursement for courses taken at an accredited college or university at not more than the per credit tuition cost as established by Salem State College as of September 1 of the academic year in which the course is taken and in accordance with the following:

a.         The maximum amount to be expended in any fiscal year shall not exceed thirty thousand dollars ($30,000.00). Effective September 1, 2001, said amount shall be thirty-five thousand dollars ($35,000). Effective September 1, 2002, said amount shall be forty thousand dollars ($40,000).

b.        Teachers will be paid in full for their first course, unless the total cost exceeds the maximum amount in which case, the teachers shall be reimbursed proportionately.

c.         If after the first courses are submitted and approved and the total expenditure for reimbursement does not exceed the maximum amount, second courses will be paid at a proportionate rate, such that the total expenditure for all course reimbursement does not exceed the maximum amount.

d.        The tuition reimbursement year shall be July 1 to June 30.

e.         Request for reimbursement shall be submitted to the Superintendent of Schools or to his/her designee for approval, prior to the taking of the course. Such request shall be submitted upon a form provided by the Superintendent of Schools.

f.         Teachers must receive a B, or better in order to qualify for reimbursement. Proof of the grade must be submitted prior to the award of reimbursement.

g.        Teachers will be reimbursed for their course by July 31 following the close of the tuition reimbursement year.

h. Teachers are responsible for submitting all of the information on the tuition reimbursement form before the course is approved.

i.        All proof of grades and other associated requested information shall be submitted to the Superintendent or his/her designee prior to June 15 of each year in order to be eligible for reimbursement in July. Reimbursement shall be made only for a course taken the preceding tuition reimbursement year.

Article VII

TRANSFERS; PROMOTIONS

A.     Application for Promotion

1.      When vacancies occur in positions other than that of classroom teacher, notice of such circumstance shall be circulated by the Superintendent to all Administrators and be posted on the appropriate school bulletin board by the Principals.

2.      Qualifications, requirements, duties, salary and other pertinent information shall be categorically set forth in the Superintendent's notice.

3.      All applications shall be considered.

4.     When other factors are the same among a number of candidates, seniority in the School Department may be considered.

5.      Such applications shall be in writing and shall set forth the position for which, and the basis on which, the applicant solicits consideration. Reasonable time should be allowed for such submission of bids. A minimum of ten (10) school days following receipt of the notice from the Superintendent shall be given to file qualifications.

B.     Transfers

L.    Requests for transfers shall be submitted to the Superintendent on forms provided by his office.

2.     All transfer vacancies in the school system shall be posted in each school before an appointment is made to fill them.

The cut-off date for requests must be stated in the Superintendent's bulletin.

3.      Notice of a transfer shall be given to a teacher as soon as practical following the teacher's application for a transfer.

4.     Transfer requests shall be allowed during any month to take effect as of September, or before.

5.      No appointment may be made until pending transfer requests for existing openings have been considered.

6.      A list of transfer requests shall be maintained by the School Department showing the date of the original request. Such list shall be available for inspection by the Union.

7.      Transfer requests shall be considered before new applicants are considered upon notification of vacancies.

8.      If a vacancy occurs during the summer months, the Committee agrees to advertise the opening in the Salem Evening News for not less than (2) days, whenever reasonably possible.

9.     Teachers desiring a transfer, change in assignment, or employment in a summer program, evening school program, federal or state program, shall submit an executed Teacher Preference Form to the Superintendent stating the assignment preferred. The Teacher Preference Forms, Appendix C, will be distributed to all teachers at the start of the school year and should be submitted between October 1 and April 1 of each year. No preference will be afforded applications on the basis of dates filed, and in no event will the information contained in the forms be used detrimentally to the teacher's interests. An extra supply of the Teacher Preference Forms will be kept in the Superintendent's office. The Teacher Preference Forms must be renewed each year.

Preference shall be given to teachers certified in that area and who are currently assigned to that building.

10.    A list of all staff members shall be given to the Union President by August 31 of each year.

C.     Involuntary Transfers

1.      All involuntary transfers of members of the Bargaining Unit shall be for cause.

2.      In the event of such a transfer, the principle of seniority, in combination with other criteria, shall be utilized.

D.     Job Selection Process

1.      In the event of a layoff in teaching personnel, the present practice of job selection, commonly known as "the pool", shall continue as specified in Article VI N. There shall be no voluntary entrance into the job pool.

2.     A joint Union/management committee will study this job selection process and make recommendations to the parties for their consideration to amend this contract.

Article VIII

GRIEVANCE PROCEDURE

Purpose:

It is the declared objective of the Parties to encourage the prompt and informal resolution of teacher complaints at the lowest organizational level. Teachers subject to this Agreement shall be excused from duty at a mutually agreed upon time, without loss of pay, in the processing of a grievance. Any teacher or the Union shall have the right to present a grievance and have it promptly considered on its merits.

A.     Definition

A "grievance" shall mean a complaint (1) that there has been, as to a teacher, a violation, misinterpretation or inequitable application of any of the provisions of this Agreement or (2) that a teacher has been treated unfairly or inequitably by reason of any act or condition which is contrary to established policy or practice governing or affecting employees, as related to this document, except that the term "grievance" shall not apply to any matter as to which the Committee is without authority to act. As used in this article, the term "person" or "teacher" shall mean also a group of teachers having the same grievance.

B.     Adjustment of Grievances

Grievances of employees within the Bargaining Unit shall be presented and adjusted in the following manner.

1.  Step One

A teacher or his Union Representative may, either orally or in writing, present a grievance to the Principal or Director within a reasonable time, normally within thirty (30) school days after knowledge by the teacher of the facts giving rise to the act or condition which is the basis of his complaint.

The teacher and the Principal or Director of the school shall confer on the grievance with a view to arriving at a mutually satisfactory resolution of the complaint. At the conference, the teacher may present the grievance personally or he may be represented by a Union Representative; but where the teacher is represented, he must be present. Whenever a grievance is presented to the Principal or Director by the teacher personally, the Principal or Director shall give the Union Representative the opportunity to be present and state the views of the Union.

Where there is no building representative, another qualified designee of the Union shall represent the Union.

The Principal or Director shall convey his decision in writing to the aggrieved teacher and the Union within five (5) school days after receiving the complaint.

2.   Step Two

If the grievance is not resolved at Step 1, the aggrieved teacher and/or the Union may appeal by forwarding the grievance in writing to the Superintendent within five (5) school days after he has received the Step 1 decision. The appeal shall include:

a.   Name and position of grievant;

b.   A statement of the grievance and the facts involved;

c.   The corrective action requested;

d.   Name of Union Building Representative or Union's designee of Step 1;

e.   Signature(s) of grievant(s), Union Building Representative or Union designee.

The Superintendent shall hold a meeting with the aggrieved teacher(s) and the Union within five (5) days of receipt of the grievance, and shall notify the aggrieved teacher(s) and the Union at least two (2) school days prior to the meeting. The aggrieved teacher(s) shall be present, except that he/they need not attend where it is mutually agreed that no facts are in dispute and that the sole question before the Superintendent is one of interpretation of a provision of this Agreement or of what is established policy or practice.

The Principal may be present at this conference and state his views. The Superintendent shall communicate his decision in writing within five (5) school days of the meeting to the teacher(s) and the Union.

3.   Step Three

An appeal of the foregoing step may be made in writing by the teacher(s) or the Union to the Committee for review within twenty (20) school days after the decision of the Superintendent has been received.

The Committee shall meet with the aggrieved teacher(s) and a Union Representative within ten (10) school days after receipt of the appeal. The Superintendent and the Principal may be present at the meeting and state their views.

The aggrieved teacher(s) and the Union shall receive at least two (2) school days' notice of the meeting and be given an opportunity to be heard. The Committee shall notify the aggrieved teacher(s) and the Union in writing of its decision within five (5) school days after the hearing.

4. Step Four

It is the express intent of the parties hereto that the arbitration procedures defined below be limited to matters set forth in Article VIII -Grievance Procedure, Section A. Definition. No other subject, direct or collateral, shall be arbitrable except by a mutual written agreement signed by the Union and the Committee.

A grievance, which was not resolved at Step 3 under the grievance procedure, may be submitted by the Union to arbitration. The proceeding may be initiated by filing with the Committee and the American Arbitration Association a request for arbitration. The notice shall be filed not later than fifteen (15) school days after denial of the grievance at Step 3 under the Grievance Procedure. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding.

The arbitrator shall issue his written decision not later than thirty (30) school days from the date of the close of the hearings. The decision of the arbitrator shall be accepted as final by the Parties to the dispute and both will abide by it.

The School Committee agrees that it will apply to all, substantially similar situations the decision of the arbitrator sustaining a grievance, and the Union agrees that it will not represent any teacher in any grievance which is substantially similar to a grievance denied by the decision of the arbitrator. The arbitrator's fee will be shared equally by the parties to the dispute.

C.    General Matters on Grievance

1.      Initiation of Grievances at Step 2.

Grievances arising from the action of officials other than the Principal may be initiated and processed in accordance with the provisions of Step 2 of this grievance procedure.

2.     Time Limits

a.  The time limits specified in any step of this procedure may be extended or reduced, in any specific instance, by mutual agreement.

b.   A grievance filed in an inappropriate step of the grievance procedure will be considered as properly filed, but the time limits for answering the grievance shall not begin until the grievance is referred to the appropriate step.

c.   A failure by a teacher(s) or the Union to process the grievance, from one step to the next step within the time limits provided for, will result in a disposition of this grievance unfavorable to the grievant(s), and conversely, a failure of a representative of the Committee, responsible to answer a grievance at any of the steps of the grievance procedure, to make such an answer within the time limits provided for will result in a disposition of the grievance favorable to the grievant(s).

d.   The filing or pendency of any grievance under the provisions of this Article shall in no way operate to impede, delay, or interfere with the right of the Committee to take the action complained of, subject, however, to the final decision on the grievance.

D,    Official List of Union Representatives

The Union shall furnish the Committee with a list of its officers and authorized Union Representatives, and shall as soon as possible notify the Committee in writing of any changes. No Union Representative shall be recognized by the Committee except those designated in writing by the Union.

Article IX

UNION PRIVILEGES AND RESPONSIBILITIES

A.    Fair Practices

1.      As sole collective bargaining agent, the Union will continue its policy of accepting into voluntary membership all eligible persons in the unit without regard to race, color, creed, national origin, sex, or marital status. The Union will represent equally all persons without regard to membership, participation in, or activities in any employee organization.

2.     The Committee agrees to continue its policy of not discriminating against any person on the basis of race, creed, color, national origin, sex, marital status or participation in, or association with, the activities of any employee organization.

B.     Union Representation and Negotiations

1.      Monthly Meetings with the Superintendent for Continuing Consultation.

A committee of Union Representatives shall meet with the Superintendent of Schools and his advisors to discuss matters relating to the welfare of the school system. Both parties shall submit items for the agenda. There shall be a mutual effort to make these sessions meaningful and advantageous to the school system. Union Representatives shall be excused from teaching duty for this purpose when the meetings are held during school hours.

2.      School Committee Meetings: Advance Agenda—Minutes.

a.   A copy of the public agenda of all School Committee Meetings shall be made available to the official Union Representatives to the Committee meetings 24 hours prior to the meetings. These Union Representatives shall be advised as soon as possible of all special meetings of the School Committee.

b.   A copy of the minutes of all School Committee meetings and a copy of the Superintendent's Bulletins shall be made available to the official Union Representative.

C.     Union Activity at the School Level

1. Upon request, the Principal shall meet at least monthly, after school hours, with Union Building Representatives to consult on school problems, policies and procedures as they relate to this Agreement.

2.      Bulletin Boards —Mailboxes

a.   At least one bulletin board shall be reserved at an accessible place in each school for the use of the Union for purposes of posting material dealing with proper and legitimate business of the Union. Notices must be signed by the Building Representative(s) of his/her authorized representative(s).

b.   The Union shall have the right to place its material in the mailboxes of all teachers.

3.      Union Meetings at Individual Schools

Official representatives of the Union shall have the right to schedule Union meetings of the teacher members in the school before or after regular school hours.

4.      No Union Activity on School Time

Except as otherwise provided, the Union agrees that no teacher(s) will engage in Union activity during the time he is assigned to teaching or other duties.

5.      School Visitation by Authorized Union Representative(s)

Upon written request by the Union President, the Superintendent may authorize one or more official representatives to visit schools during school hours to confer on working conditions, grievances or other matters relating to the terms and conditions of this Agreement.

6.      Bulletins shall be made available to the official Union Representatives and to all building representatives.

D.    Information to the Union

Information required by the Union to perform its duties under this contract shall be made available by the Committee. Included will be lists of personnel in Unit A, all vacancies, salary data, enrollment figures, policy statements, and any other information which the parties agree is essential to the proper enforcement of this Agreement.

E.     Agreement Copies Available

1.      The Committee and the Union will share equally the cost of printing this Agreement in booklet form.

2.     The Union will distribute copies of this Agreement and will have copies available by request to an employee within the Unit.

F.     Protection of Individual and Group Rights

1.      Nothing contained herein shall be construed to permit an organization other than the Union to appear in an official capacity in the processing of a grievance.

2.      Nothing contained herein shall be construed to prevent any person from informally discussing any dispute with his immediate superior or processing a grievance on his own behalf in accordance with the Grievance Procedure, heretofore set forth in Article VI.

G.    Teacher Recruitment

Reasonable effort shall be made to plan for teacher recruitment in connection with university and college visitations, brochures and campus discussions.

The Union agrees to meet with the Committee to set guidelines for a superior recruitment program.

H.    Authorized Dues Deductions

Payroll dues deductions shall be made according to the following procedure:

To:   Salem School Committee

I hereby authorize and direct the Salem City Treasurer to deduct from the portion of my salary due me the amount, and at the times as certified by the Salem Teachers Union, as the current rate of dues.

I further authorize and direct you to transfer and pay the sum so deducted to the Treasurer of the Salem Teachers Union, Local #1258.

In consideration of the above-described service rendered by the Salem School Committee, the undersigned hereby releases and discharges the Salem School Committee of, and from, any and all liability whatsoever arising as a result of the authorization herein given.

This authorization is revocable by me upon thirty (30) days written notice to the Salem Teachers Union and the Salem School Committee or upon termination of my employment. It is understood that this service shall be limited to the Salem Teachers Union, Local 1258, as my exclusive bargaining agent.

It is agreed that no partial deductions will be made, and that this authorization shall terminate with the Collective Bargaining Agreement.

________________________________________________________________________________

Employee Signature

Effective Date:.___________________________________________________________________

Social Security Number:____________________________________________________________

Position:.________________________________________________________________________

                   Last Name                         First                        Middle           (Print)

Address:______________________________           ____________________________________

Zip Code

I.     Agency Service Fee

As a condition of employment, members of the Bargaining Unit who are not members of the Salem Teachers Union, Local 1258, MFT, AFT, AFL-CIO, shall pay to the Salem Teachers Union an agency service fee. Such fee shall be a percentage of Union dues and will represent that portion of Union dues which is commensurate with the cost of collective bargaining and contract Administration. This provision is subject to the rules and regulations of the Massachusetts Labor Relations Commission and applicable law.

J.     Leave for President of the Union

Upon request of the President of the Union, the District will grant the President unpaid leave for up to fifty percent of the workday. The President, if desirous of such leave, shall request leave prior to each school year and upon approval, said leave shall remain in effect for that entire school year. Upon the expiration of the tenure of the Union President holding office as of the date of the execution of the 1997-2000 Agreement, this provision shall expire and the Committee and the Union shall meet to negotiate a substitute provision.

K.    Union Telephone

The Salem Teachers Union may, at its expense, install and maintain a telephone for the use of the Union President.

L.    Right of Representation

In the event a teacher is called into a meeting with any management representative and the teacher reasonably believes that any disciplinary action may result, it is the teacher's right to have a Union Representative present in the meeting. If this right is refused, the teacher is under no obligation to respond to management's questions.

Article X

HANDLING OF NEW ISSUES

Matters of collective bargaining import, not covered by this Agreement, may, during the life of the Agreement, be handled in the following manner:

By the Committee:

Except as any change may be commanded by law, the Committee will continue its policies as outlined herein. With respect to matters not covered by this Agreement which are proper subjects for collective bargaining, the Committee agrees it will make no changes without proper consultation and negotiation with the Union.

By the Union:

In any matter not covered by this Agreement which is a proper subject for collective bargaining, the Union may raise such issues with the Committee for consultation and negotiation, except that the Union shall not renew or seek any questions introduced, debated and settled, either negatively or affirmatively, during the bargaining prior to final settlement. This restriction shall not apply to the areas outlined in the Preamble as Subjects for Continuing Consultation.

Being a mutual agreement, this instrument may be amended at any time by mutual consent.

No addition or amendment to, no agreement, understanding, alteration, or variation of the agreement, terms or provisions contained herein shall bind the Union or the Committee unless made and executed by mutual agreement and in writing by the Union and the Committee.

Article XI

SAVING CLAUSE

In the event that any provision of this Agreement is, or shall at any time be, contrary to law, all other provisions of this Agreement shall continue in effect.

Article XII

RESOLUTION OF DIFFERENCES BY PEACEFUL MEANS

The Union and the Committee agree that differences between the parties shall be settled by peaceful means as provided within this Agreement. The Union, in consideration of the value of this Agreement and its terms and conditions and the Legislation which engendered it, will not engage in, instigate, or condone any strike, work stoppage or any concerted refusal to perform normal work duties on the part of any employee covered by this Agreement.

ARTICLE XIII

MANDATED CHANGE IN LENGTH OF SCHOOL YEAR OR SCHOOL DAY

The parties agree that in the event of a mandated change in the length of the school year or school day, they shall negotiate the impact of said change on mandatory subjects of bargaining.

ARTICLE XIV

 NO REPRISALS

The parties agree that neither party shall take any reprisal against the other party or any students, parents, and citizens of the City of Salem as a result of the labor dispute from October 31, 1994 to November 14, 1994. The parties agree that in no event shall any member of the Bargaining Unit in his or her Bargaining Unit capacity, who may have been involved in the labor dispute on October 31, 1994 to November 14, 1994, be disciplined, discharged, demoted, involuntarily transferred, reduced in rank or compensation, or have any material placed in his or her personnel file, or in any way be affected adversely because of such involvement.

ARTICLE XV

DURATION (September 1, 2011 - August 31, 2014)

This Agreement and each of its provisions shall be in effect as of September 1, 2011, except as otherwise provided, and shall continue in full force and effect until August 31, 2014. Negotiations for a subsequent Agreement will commence no later than December 1, 2013 for budgetary items and on all other items upon the request of either party filed two (2) weeks before this date.

This Agreement entered into this twenty-fifth day of Feb, 2013.

For the Committee:

Mayor Kimberly Driscoll.

Deborah Amaral

Nate Bryant

Janet Crane

James M. Fleming

Lisa Lavoie

Brendan R. Walsh

For the Union

Joyce Harrington, President

Ann Berman

David Conwell

Kathryn DiPietro

Donna Hale

Paul Rodolico

Edmund Tarallo

Carolyn Townsend

SIDE LETTER

ON INCLUSION

A joint Labor-Management Committee will be formed consisting of three members selected by the Union and three members selected by the School Committee.

Items to be considered shall include, but not be limited, to the following:

1.  Providing training for all teachers in the inclusion model.

2.  Assessing current implementation of inclusion in all buildings at all levels.

3.  Assessing professional responsibility of all building staff regarding each included child.

4.  Assessing personnel available in each classroom.

5.  Assessing the teacher-time ratio in each class with an included child.

6.  Assessing the medical needs of each included child.

7.  Designing implementation models that provide maximum educational benefit to all students in the included classroom. In some situations, that may mean redesigning current implementation models. In some situations the models may be implemented in the future as the student moves from grade to grade.

All collective bargaining issues revert back to the parties to be negotiated.

SIDE LETTER

COSTS

The Salem Teachers Union shall reimburse the City of Salem for all reasonable costs associated with the labor dispute from October 31, 1994 to November 14, 1994. The city shall present the union with an itemized list of all costs and the union shall have the right to dispute any item. Any such dispute will not be subject to arbitration.

The union shall reimburse the city in three installments, one to be paid by January 31, 1995, one to be paid by April 15, 1995, and the final payment to be paid June 1, 1995. In the event that the Union fails to make a scheduled payment, it will assess its members an amount necessary to make such payments fifteen (15) days after its original due date. In the event that the court determines that the fines it has imposed will be directed to reimbursing the costs of the labor dispute to the city/School Committee, this provision shall not become effective.

APPENDIX A

FY12 (2011-2012)

 

 

 

 

$800

 

 

 

 

Step

B

BA+15

M

M+15

M+30

M45

M + 60CAGS

Dr.

1

39,916

40,986

42,215

43,293

44,368

45,444

46,671

47,944

2

41,622

42,696

43,923

44,996

46,523

47,144

48,375

49,649

3

43,320

44,395

45,630

46,703

47,691

48,848

50,082

51,357

4

45,031

46,102

47,330

48,411

49,483

50,556

51,790

53,062

5

46,735

47,809

49,032

50,113

51,190

52,266

53,495

54,768

6

48,440

49,515

50,748

51,818

52,896

53,971

55,200

56,473

7

50,145

51,221

52,451

53,524

54,600

55,678

56,907

58,181

8

60,797

62,126

63,643

64,968

56,293

57,622

59,136

70,408

9

61,391

62,733

54,265

65,604

66,942

68,283

69,812

71,097

FY13 (2012-2013)  2%

Step

B

BA+15

M

M+15

M+30

M45

M + 60 CAGS

Dr.

1

40,714

41,806

43,059

44,159

45,255

46,353

47,604

48,903

2

42,454

43,550

44,801

45,896

47,453

48,087

49,343

50,642

3

44,186

45,283

46,543

47,637

48,645

49,825

51,084

52,384

4

45,932

47,024

48,277

49,379

50,473

51,567

52,826

54,123

5

47,670

48,765

50,013

51,115

52,214

53,311

54,565

55,863

6

49,409

50,505

51,763

52,854

53,954

55,050

56,304

57,602

7

51,148

52,245

53,500

54,594

55,692

56,792

58,045

59,345

8

62,013

63,369

64,916

66,267

67,619

68,974

70,519

71,816

9

62,619

63,988

65,550

66,916

68,281

69,649

71,208

72,519

FY14 - 09/01/2013-08/30/2014 2%

Step

B

BA+15

M

M+15

M+30

M45

M + 60 CAGS

Dr.

1

41,529

42,642

43,920

45,042

46,160

47,280

48,557

49,881

2

43,304

44,421

45,697

46,814

48,403

49,049

50,329

51,655

3

45,070

46,189

47,473

48,590

49,618

50,821

52,105

53,432

4

46,850

47,965

49,242

50,367

51,482

52,598

53,882

55,206

5

48,623

49,740

51,013

52,138

53,258

54,378

55,656

56,981

6

50,397

51,515

52,798

53,911

55,033

56,151

57,430

58,755

7

52,171

53,290

54,570

55,686

56,806

57,927

59,206

60,532

8

63,253

54,636

66,214

67,593

68,971

70,354

71,929

73,252

9

63,871

65,267

66,861

68,254

69,646

71,042

72,632

73,969

FY14 - Effective 08/31/2014

Step

B

BA+15

M

M+15

M+30

M 45

M+60/ CAGS

Dr.

1

41,529

42,642

43,920

45,042

46,160

47,280

48,557

49,881

2

43,304

44,421

45,697

46,814

48,403

49,049

50,329

51,655

3

45,070

46,189

47,473

48,590

49,618

50,821

52,105

53,432

4

46,850

47,965

49,242

50,367

51,482

52,598

53,882

55,206

5

48,623

49,740

51,013

52,138

53,258

54,378

55,656

56,981

6

50,397

51,515

52,798

53,911

55,033

56,151

57,430

58,755

7

52,171

53,290

54,570

55,686

56,806

57,927

59,206

60,532

8

54,387

55,559

56,899

58,068

59,239

60,413

61,751

63,076

9

56,604

57,829

59,228

60,449

61,672

62,898

64,295

65,620

10

58,820

60,098

61,557

62,830

64,105

65,383

66,840

68,164

11

61,037

62,367

63,885

65,211

66,538

67,869

69,384

70,708

12

63,253

64,636

66,214

67,593

68,971

70,354

71,929

73,252

13

63,871

65,267

66,861

68,254

69,646

71,042

72,632

73,969

LONGEVITY SCHEDULE

YEARS OF SERVICE

PAYMENT

30

$1000

25

800

20

600

15

400

10

200

5

100

Longevity shall be paid in a lump sum in December (i.e., December 1 or on day of first paycheck in December in a separate check). If one check is issued including both payroll and longevity, it shall be taxed as two separate checks.

APPENDIX B

District Position

MCAS Facilitators (9)

$500.00

Mentor program Facilitator (1)

$2,000.00

Mentor Facilitators (3)

$1,000.00

2nd Year Mentor Program Facilitators (3)

$1,000.00

2nd Year Mentor K-12 Facilitators (3)

$1,000.00

Mentors (50)

$500.00

Webmaster (9)

$750.00

Tech Support Specialist (7)

$750.00

After School Program Facilitator

$1,000.00

Read Science Facilitator

$5,000.00

Title III Coordinators

$3,000.00

Title I / Literacy Coordinators

$6,000.00

Literacy Data Recorders (7)

$500.00

Elem. Math Coordinator

$3,000.00

Coordinator of Specialized Instruction

$3,000.00

Elem. Math Coordinator

$500.00

District Special Ed. Mentors (9)

$500.00

Nurse Coordinator

$6,000.00

Coordinator Salem Prep.

$3,000.00

ELL Facilitators District (8)

$500.00

Coordinator District Library Media K-5

$3,000.00

Coordinator District Tech Integration K-5

$3,000.00

Extended Year Program Facilitator

$7,000.00

Bates Elementary School

Basketball Advisor

$500.00

Basketball Coach

$350.00

Coaching

$80.00

Faculty Handbook

$500.00

Kindergarten Screening Facilitator

$300.00

Reading First Coordinator

$2,000.00

Reading First Leadership Team (8)

$500.00

Reading Recovery Coordinator

$4,000.00

School Improvement Program Facilitator

$500.00

School Support Organization

$1,200.00

Science Integration Specialist

$1,000.00

Science Kit Manager

$5,000.00

Bentley Elementary School

After School Program Facilitator

$1,000.00

Art Festival

$300.00

Basketball Advisor

$500.00

Basketball Clinics

$480.00

Chorus

$210.00

Destination Imagination

$800.00

Haunted Happenings

$250.00

Holiday Crafts

$250.00

Kindergarten Screening

$350.00

Patternables

$175.00

Planning Team

$275.00

Plays (2)

$500.00

Poetry Coffee House (2)

$280.00

Reading First School Coordinator

$2,000.00

Reading Recovery Coordinator

$4,000.00

Science Integration Specialist (2 Schools)

$2,000.00

Science Is A Verb

$200.00

Team Coach

$500.00

Yearbook

$300.00

Bentley

Early Childhood Center

Kindergarten Screening

$350.00

NAEYC Facilitator

$500.00

Picture This

$200.00

Carlton Elementary School

Basketball

$300.00

Communication Facilitator

$350.00

Kindergarten Facilitator

$350.00

Kindergarten Screening

$350.00

Mentor

$750.00

Science Club

$1,242.50

Nathaniel Bowditch - K-8 School

Basketball

$350.00

Kindergarten Screening

$350.00

Lead Teachers (9)

$500.00

Drama Club - Musical

$500.00

Drama Club - Play

$350.00

National Junior Honor Society

$350.00

Student Government - Middle School

$150.00

Student Government - Elementary

$150.00

Science Integration Specialist

$1,000.00

Horace Mann Lab School

Basketball

$100.00

Basketball Coach

$300.00

Destination Imagination Coach

$350.00

Evening Art Show

$150.00

Grade 4/5 Talent Show (3)

$150.00

Kindergarten Facilitator

$300.00

Kindergarten Screening

$350.00

Leadership Team (8)

$350.00

Literacy Team (5)

$500.00

School Musical Director

$700.00

School Musical Director

$400.00

Spring Musical

$750.00

Study Island Club (3)

$350.00

Saltonstall Elementary School

5/6 Musical (5)

$200.00

5/6 Trip

$500.00

Basketball (2)

$500.00

Curriculum Facilitator

$750.00

Cheerleading

$300.00

Drum and Flag Team

$200.00

Earth Kids

$195.00

Grade 7/8 Show (4)

$200.00

Integration Coordinator (2)

$3,000.00

Kindergarten Screening

$350.00

MCAS After School Program (3)

$630.00

Running Club - Spring Track Coach

$750.00

Running Club - Fall Track Coach

$250.00

Science Integration Specialist

$2,000.00

Service Learning

$300.00

Ski Club

$400.00

Student Council (2)

$350.00

Tennis Club

$1,000.00

(Saltonstall and Horace Mann Lab School)

 

Witchcraft Elementary School

Kindergarten Screening

$350.00

Science Integration Specialist

$1,000.00

Collins Middle School

6th Grade Trip (3)

$100.00

7thGrade Trip (2)

$100.00

8th Grade Trip (2)

$150.00

A Place for Girls

$50.00

Afternoon Basketball

$150.00

Babysitter's Club

$50.00

Book Discussion Kids

$200.00

Card Club

$75.00

Comic Club

$75.00

Creative Press

$75.00

Creative Press

$75.00

Drama Assistant

$250.00

Drama Play Director

$500.00

Drama Set Design

$200.00

Drawing

$75.00

DVD Yearbook

$100.00

Family Community Leaders

$100.00

Flag Football Coach (2)

$100.00

Flag Football Coach (2)

$100.00

French Club (2)

$75.00

Fundraising for Trips

$150.00

Japanese Club

$150.00

Jazz Band

$300.00

Jr. National Honor Society (3)

$200.00

Knitting Club

$50.00

Lacrosse

$100.00

Library Book Group

$100.00

Morning Basketball

$3,000.00

Musical Director

$500.00

Musical Drama

$250.00

Musical Piano

$250.00

Musical Set

$200.00

Musical Stage Crew

$100.00

Musical Supervisor

$100.00

Pit Orchestra Musical

$200.00

Pops Chorus

$200.00

Ski Club Organizer (2)

$50.00

Soundings

$1,700.00

Spanish Club

$75.00

Stock Market Game

$75.00

Student Activities Facilitator

$1,000.00

Student Government (11)

$50.00

Tech Team

$475.00

Variety Show Assistant

$50.00

Variety Show Director

$100.00

Wiffleball (3)

$100.00

Yearbook Computer

$300.00

Yearbook Editor

$300.00

Yearbook Layout

$300.00

Salem High School

Art Club

$443.00

Assistant To MCAS Facilitator

$1,500.00

Business Professional of America

$443.00

College Bowl

$332.50

Color Guard

$550.00

Council Lead Advisor (2)

$750.00

Design Team Co-Chair

$2,500.00

Design Team Co-Chair

$2,500.00

Drama Club

$1,400.00

French Club

$665.00

Freshman Class Advisor

$650.00

GAPP

$665.00

Grant Management

$8,000.00

Harvard Model Congress (2)

$450.00

Jazz Band

$550.00

Junior Class Advisor (2)

$432.50

La Union Latina

$443.00

Literary Magazine

$443.00

Marching Band Director

$1,900.00

Math Team

$665.00

MCAS Facilitator

$3,000.00

Mock Trial

$443.00

National Honor Society Advisor

$865.00

Organization of American States (2)

$450.00

Peers Leadership /ROCS

$600.00

Photography Club

$443.00

Physics Club

$443.00

Program Facilitator

$3,500.00

Program Management

$3,500.00

Project 540 Advisor (2)

$400.00

School To Careers

$4,000.00

Science Team

$443.00

Senior Class Advisor (2)

$725.00

Senior Show Advisor

$665.00

Ski Club

$443.00

Sophomore Class Advisor

$650.00

Spanish Club

$443.00

Speech and Debate Club

$650.00

String Director

$554.00

Tomorrow's Teacher Club

$443.00

Witches Brew Advisor

$900.00

Yearbook Advisor

$1,500.00

Yearbook Financial Advisor

$400.00

APPENDIX C

SALEM PUBLIC SCHOOLS

Staff Preference Form

This staff preference form is being circulated in accordance with Article VII, Section B (9) of the Collective Bargaining Agreement.

Name: _________________________________          Date:_______________________________

1.       I wish to be considered for the following full-time professional opportunities if appropriate vacancies develop:

a.__________________________________

b.__________________________________

c.__________________________________

2.      I wish to be considered for the following part-time summer work or extracurricular assignments if appropriate vacancies develop:

a.__________________________________

b._____________________________________

c._____________________________________

3.      I would like to serve on the following kinds of curriculum development or other special committees:

a.__________________________________

b.__________________________________

c.__________________________________

APPENDIX D

SALEM EDUCATOR EVALUATION SYSTEM

A.    Introduction

The evaluation system used by the parties shall adhere to all state laws and regulations, including but not limited to M.G.L. c. 71, B38 and the Educator Evaluation regulations, 603 CMR 35.00 et seq. This contract language shall take effect in all schools district-wide on September 1, 2012.

1.  Initial and Ongoing Training for Evaluators and Educators Prior to the implementation of the new evaluation system contained in this article, the School District shall arrange training for all principals, Educators, and Evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle.

Furthermore, at the start of each school year, the School District shall arrange district-wide or school-level meetings for Educators and Evaluators focused on Educator evaluation. The district and the union shall determine the locations, times, and content of the meetings. At a minimum, the meetings shall:

•   Provide an overview of the evaluation process, including goal setting and the development of Educator plans.

•   Provide all Educators with a copy of the rubrics and forms used to evaluate members of the bargaining unit.

•   Provide Educators with the opportunity to ask questions relating to the evaluation system.

The School District agrees to provide joint training to Educators and Evaluators beginning in August 2012, prior to the implementation of this evaluation system, and as needed throughout the first year of implementation. Subsequent training will be scheduled on an annual basis.

Evaluators

1.   Definition

An Evaluator shall be a person outside the bargaining unit who has been designated in writing by the Superintendent as having responsibility for evaluations. All Evaluators must be licensed as Academic Administrators by the Mass. Department of Elementary and Secondary Education (DESE) and must be full-time employees of the School District

2.   Training

The superintendent has the responsibility to ensure that all Evaluators receive training in the principles of effective supervision and evaluation; know the requirements of the new state regulations and this Article; and, when possible, have or have available to them knowledge of the subject matter and/or area they will evaluate.

The parties agree that Evaluator training should be designed to make evaluations as consistent, reliable, and equitable as possible across schools, grades, subjects, and assignments.

The Union President will be invited to an initial Evaluator training session provided by the School District.

3.   Procedures

All Evaluators shall follow the evidence collection and reporting requirements outlined in this contract.

4.   Evaluator Roles and Responsibilities There shall be two categories of Evaluators:

a.   Primary Evaluator

The superintendent shall identify a Primary Evaluator, normally the principal, for each school in the district.

The Primary Evaluator shall assign all Supervising Evaluators (if any ) in a school building.

The Primary Evaluator shall approve all Educator Plans; and approve all Formative/Summative Assessment/Evaluation reports and ratings for Educators after receiving recommendations from the Supervising Evaluator (if any).

The Primary Evaluator may perform any or all duties ascribed to Supervising Evaluators below.

b.   Supervising Evaluator

The Supervising Evaluator may be the Primary Evaluator or his/her designee.

The Supervising Evaluator's responsibilities include supervising goal setting and plan development with the Educator; conducting classroom observations, collecting and analyzing other evidence as allowed under state regulations; and providing feedback and support to the Educator.

The Supervising Evaluator completes the Formative Assessment/Evaluation report and, if applicable, recommends formative ratings to the Primary Evaluator. Any change in a rating from the preceding assessment/evaluation, either on a particular standard or overall, must be reviewed and approved by the Primary Evaluator. The Supervising Evaluator drafts the Summative Evaluation report and recommends summative ratings to the Primary Evaluator. The Primary Evaluator shall review and approve and may amend the final summative report and ratings.

5. Notifications and Changes to Evaluators

The Educator shall be notified in writing of his/her Primary Evaluator, Supervising Evaluator (if any) at the outset of each new evaluation cycle.

At any time during the evaluation cycle, the Educator may send a written request to his/her Primary Evaluator for a different Supervising Evaluator. The request must state the reason the Educator wants a change. The Primary Evaluator must respond in writing within ten school days.

D.   Performance Standards and Ratings

An Educator shall be rated on each of four performance standards and shall receive an overall rating. The four performance standards are:

1.   Curriculum, Planning, and Assessment

2.   Teaching All Students

3.   Family and Community Engagement

4.   Professional Culture

There shall be four performance ratings:

•   Exemplary shall mean that the Educator's performance consistently and significantly exceeds the requirements of a standard or overall.

•  Proficient shall mean that the Educator's performance fully and consistently meets the requirements of a standard or overall.

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

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

An Educator must receive a proficient or higher rating on the first two standards to receive a proficient or higher rating overall.

E.   Rubrics, Forms, and Documents

The parties agree to use the performance rubrics, forms, and documents included in this CBA and attached hereto and incorporated herein by reference as follows: Appendix A - Forms; Appendix B - Rubrics.

F.   Evaluation Cycle: Self-Assessment and Goal Proposal

At the start of each new evaluation cycle, an Educator shall submit a Self-Assessment Form to his/her Supervising Evaluator In cases of one-year or two-year plans that begin at the start of the school year, Educators shall submit the self-assessment by Oct. 1. Between the start of the school year and Oct. 1, teams of Educators shall have common planning time to work on their self-assessments collaboratively.

Each self-assessment shall contain:

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

2.   A reflection on practice using each of the four performance standards of effective practice using the appropriate rubric(s) in Appendix B.

3.   Proposed goals for the Educator Plan:

a.   Each Educator must propose a minimum of one goal directly related to improving student learning and a minimum of one goal directly related to improving professional practice. However for the 2012-2013 school year, Educators shall be required to propose one goal related to improving student learning and one goal directly related to improving professional practice.

b.   The proposed goals must align with school and district goals.

c.   Educators shall consider goals for grade-level, subject-area, or department teams, or for other groups of Educators who share responsibility for student learning and results.

d.   For Educators with PTS rated Needs Improvement or Unsatisfactory, the professional practice goal must address specific standards and indicators identified for improvement.

e.   Guidance for setting SMART Goals is attached hereto as part of Appendix B-l.

Educator Plans: Types, Durations, and Special Requirements

Educators will be on Educator Plans. Educator Plans shall take effect upon written approval by the Primary evaluator and will remain in effect until the end of the period defined in the plan or until the plan is changed in accordance with state regulations and the provisions of this Article.

**** types, durations, and special requirements of Educator Plans are as follows:

1. Developing Plans:

For Non-PTS Educators

All Educators without professional teacher status (PTS) shall be on Developing Plans.

For PTS Educators

The parties acknowledge that it may take some time for an Educator with PTS to become proficient in a new assignment. A new assignment shall mean a change in subject area, licensure, building, or grade level. However, at the elementary level, a grade level change shall mean a change of 3 or more grades. The Primary Evaluator may assign a Developing Plan to a PTS Educator in a new assignment at the Educator's request or at the Primary Evaluator's discretion.

Each Developing Plan for PTS Educator in new assignments will be for one school year. If the Educator receives an overall rating of proficient or higher upon the Summative Evaluation at the end of the year, the Educator may begin a Self-Directed Growth Plan for the next school year. If the overall summative rating is below proficient, the Primary Evaluator and the Educator may discuss the possibility of a more appropriate assignment, and a different assignment that matches the Educator's certification may be offered. If a different assignment is made, the Primary Evaluator may extend the Developing Plan for a subsequent plan period of up to one school year. If a different assignment is not made, the Educator shall be placed on a Directed Growth Plan.

2.   Self-Directed Growth Plans for PTS Educators

Educators with PTS who have an overall rating of Proficient or Exemplary and whose impact on student learning is moderate or high after the DESE implementation of such ratings, shall be on two-year Self-Directed Growth Plans. The Primary Evaluator shall complete a Formative Evaluation report at the end of year one and a Summative Evaluation report at the end of year two.

Educators with PTS who have an overall rating of Proficient or Exemplary and, after the DESE implementation of such ratings, whose impact on student learning is low, shall be on one-year Self-Directed Growth Plans.

3.   Directed Growth Plans for PTS Educators

a.   Overview

Educators with PTS who receives an overall rating of Needs Improvement from the Primary Evaluator, shall be on Directed Growth Plans.

b.   Assignment of Supervising Evaluator and First Conference

The Primary Evaluator may designate a Supervising Evaluator to oversee the development and implementation of a Directed Growth Plan. The Supervising Evaluator may be the Primary Evaluator.

Within 15 school days of an Educator receiving an overall rating of Needs Improvement, the designated Supervising Evaluator shall meet with the Educator to develop the Directed Growth Plan. The Educator may request that a Union Representative attend this meeting and any subsequent meetings relating to the development, implementation, or monitoring of a Directed Growth Plan.

c.   Plan Length

The parties agree that a reasonable amount of time shall be provided to permit the Educator to implement the plan and demonstrate proficiency. The Primary Evaluator, in consultation with the Supervising Evaluator, the Educator, and a Union Representative, if requested by the Educator, shall determine the plan length,

d. Plan Components

The Directed Growth Plan shall be completed using the Educator Plan Form in Appendix A. Each plan shall include, at a minimum, the following components:

•     The assigned Primary Evaluator and Supervising Evaluator if any.

•   The start and end dates of the plan.

•   The area(s) targeted for improvement. The Supervising Evaluator shall delineate the specific standards and indicators the Educator has not fully met on the appropriate performance rubric, drawing on evidence supplied in previous evaluations.

•   The performance goals to be met, which shall directly relate to the standard(s) and indicator(s) in which improvement is needed.

•   The recommended actions and activities for improvement. The Supervising Evaluator shall prescribe the actions the Educator needs to take to meet the performance goals.

•    The supports and modes of assistance available to the Educator from the district, school, and/or individuals. These may include workshops, courses, trainings, materials, instructional coaches, peer assistants, and any other supports the district or school may provide to assist the Educator in improving his/her performance in the targeted areas. The Supervising Evaluator shall provide the Educator with guidance and assistance in accessing the resources and professional development outlined in the Directed Growth Plan,

•  The anticipated number of announced and unannounced observations that will take place during the plan period.

•  The anticipated timeline for collecting evidence and monitoring progress toward goals, including at a minimum a mid-cycle Formative Assessment report on the relevant standard(s) and indicator(s).

•  The delivery date of the Summative Evaluation report.

e. Signatures and Delivery

The Primary Evaluator must approve the Directed Growth Plan and both the Primary and Supervising Evaluators must sign it and deliver it to the Educator at least 5 school days before the start date of the plan.

The Educator shall sign his/her Directed Growth Plan within 5 school days of receipt and may include a written response using the Educator Response Form in Appendix A. The Educator's signature shall denote receipt of the plan, not agreement with its contents. A copy of the signed plan shall remain with the Educator.

f.   Appeal Process

If an Educator disagrees with any element of the approved Directed Growth Plan, the Educator may submit comments of that nature using the Educator Response Form to the Superintendent, copying the Union President if desired. The notified parties may consult each other on the matter. Following any consultation, the Superintendent may discuss the matter with the Primary Evaluator, and ask him/her to revise elements of the Directed Growth Plan.

g.   Changes During Plan Period

A rating on a particular standard may be changed through a Formative Assessment at any time during the plan period.

The parties agree that, barring a pattern of performance of an egregious nature or other just cause, no Educator with PTS on a Directed Growth Plan shall be dismissed during the prescribed plan period, or have his/her overall rating changed until the Summative Assessment, if applicable.

4. Improvement Plans for PTS Educators

a.   Overview

An Educator with PTS who receives an overall rating of Unsatisfactory, from his/her Primary Evaluator, shall be on an Improvement Plan.

b.   Assignment of Supervising Evaluator and First Conference

The Primary Evaluator may designate a Supervising Evaluator to oversee the development and implementation of an Improvement Plan. The Primary Evaluator may be the Supervising Evaluator.

Within 15 school days of an Educator receiving an overall rating of Unsatisfactory, the designated Supervising Evaluator shall meet with the Educator to discuss and assist in the development of the Improvement Plan. The Educator may request that a Union Representative attend this meeting and any subsequent meetings relating to the development, implementation, or monitoring of an Improvement Plan.

c.   Plan Length

The parties agree that a reasonable amount of time, and in no event less than 30 school days, shall be provided to permit the Educator to implement the plan and demonstrate improvement. The Primary Evaluator, in consultation with the Supervising Evaluator, the Educator, and a Union Representative, if requested by the Educator, shall determine the plan length.

d.   Plan Components

The Improvement Plan shall be completed using the Educator Plan Form in Appendix A. Each plan shall include, at a minimum, the following components:

•  The assigned Primary Evaluator and Supervising Evaluator if any.

•  The start and end dates of the plan.

•   The area(s) targeted for improvement. The Supervising Evaluator shall delineate the specific standards and indicators on the appropriate performance rubric that the Educator has not met, drawing on evidence supplied in previous evaluations.

•  The performance goals to be met, which shall directly relate to the standard(s) and indicator(s) in which improvement is needed.

•  The recommended actions and activities for improvement. The Supervising Evaluator shall prescribe the actions the Educator needs to take to meet the performance goals.

•  The supports and modes of assistance available to the Educator from the district, school, and/or individuals. These may include workshops, courses, trainings, materials, instructional coaches, peer assistants, and any other supports the district or school may provide to assist the Educator in improving his/her performance in the targeted areas. The Supervising Evaluator shall provide the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan.

•  The anticipated number of announced and unannounced observations that will take place during the plan period.

•  The anticipated timeline for collecting evidence and monitoring progress toward goals, including at a minimum a mid-cycle Formative Assessment report on the relevant standard(s) and indicator(s).

•   The delivery date of the Summative Evaluation report.

•  A statement that the Educator is responsible for addressing the need for improvement.

e.     Signatures and Delivery

The Primary Evaluator must approve the plan and both the Primary Evaluator and the Supervising Evaluator must sign it and deliver it to the Educator at least 15 school days before the start date of the plan.

The Educator shall sign his/her Improvement Plan within 5 school days of receipt and may include a written response using the Educator Response Form in Appendix A. The Educator's signature shall denote receipt of the plan, not agreement with its contents. A copy of the signed plan shall remain with the Educator.

f.   Appeal Process

If an Educator disagrees with any element of the approved Improvement Plan, the Educator may submit comments of that nature using the Educator Response Form to the supervisor of the primary evaluator, copying the Union President if desired. The notified parties may consult each other on the matter. Following any consultation, the supervisor of the primary evaluator may discuss the matter with the Primary Evaluator, who may be asked to revise elements of the Improvement Plan.

g.   Changes During Plan Period

The parties agree that, barring a pattern of performance of an egregious nature or other just cause, no Educator with PTS on an Improvement Plan shall be dismissed during the prescribed plan period.

A rating on a particular standard and/or an overall rating may be upgraded to Needs Improvement or higher through a Formative Assessment at any time during the plan period.

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

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

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

b.  If the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

c.   If the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator may recommend to the superintendent that the Educator be dismissed.

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

H. Evaluation Cycle: Goal Finalization and Educator Plan Development

1. Conferences

By Oct. 15, the Primary Evaluator shall schedule and conduct a final goal-setting and plan-development conference with all Educators under his/her supervision.

The final goal-setting and plan-development conferences may occur in groups.

During the conferences, Evaluators and Educators shall consider finalizing goals for grade-level, subject-area, or department teams, or for other groups of Educators who share responsibility for student learning and results.

Educators rated Needs Improvement or Unsatisfactory may participate in group conferences for final goal-setting and plan development; however, they shall also meet individually with their Primary Evaluators to finalize professional practice goal(s) that address specific standard(s) and indicator(s) identified for improvement.

2. Drafting of Educator Plans

During or as soon as possible after the final goal setting conference, the Primary Evaluator and Educator shall draft an Educator Plan using the appropriately designated form in Appendix A:

The Directed Growth Plan designation shall be used for Educators on Directed Growth Plans.

The Improvement Plan designation shall be used for Educators on Improvement Plans.

The Educator Plan designation shall be used for all other Educators.

The Educator Plan Form shall, at minimum, specify the following:

•  The assigned Primary Evaluator and Supervisory Evaluator (if any.

•  The start and end dates of the plan.

•  The Educator's student learning and professional practice goals.

•  The actions the Educator will take to attain his/her goals.

•   The supports, resources, and professional development available from the School District. » The anticipated delivery date of the Formative Assessment or Formative Evaluation report.

•   The anticipated delivery date of the Summative Evaluation report.

3. Approval and Delivery of Educator Plans

The Primary Evaluator must approve and sign and the Supervising Evaluator (if any) must sign the Educator Plan and deliver it to the Educator no later than November 1 for plans beginning at the start of the school year.

Additionally, all final Educator Plans shall be delivered to the Educator at least 5 school days before the start date of any Education Plan.

The Educator shall sign his/her Educator Plan within 5 school days of receipt and may include a written response using the Educator Response Form in Appendix A. The Educator's signature shall denote receipt of the plan not agreement with its contents. A copy of the signed plan shall remain with the Educator.

4. Appeal Process

If an Educator disagrees with any element of the approved Educator Plan, the Educator may submit comments of that nature using the Educator Response Form to the Primary Evaluator and/or supervisor of the primary evaluator, copying the Union President if he/she wishes. The notified parties may consult each other on the matter. Following any consultation, the Primary Evaluator and/or the supervisor of the primary evaluator may discuss the matter with the Supervisory Evaluator, who may be asked to work with the Educator to revise the goals and contents of the Educator Plan.

I. Evaluation Cycle: Record of Evaluation and Evidence Collection

1.   Record of Evaluation

The parties agree that an effective evaluation process requires meaningful, ongoing, two-way communication.

To facilitate this process, the parties agree that each Educator shall have a Record of Evaluation maintained as part of his/ her personnel file, pursuant to Article VI, SectionL,

All evaluation documents, including electronic records, shall remain confidential as personnel records of each member of the bargaining unit.

Each Educator's Record of Evaluation shall consist of three parts: 1) all forms and documents used or contained in the evaluation process; 2) Evaluator-supplied evidence; and 3) Educator-supplied evidence. Standard forms shall include all relevant forms in Appendix A. The other components are described below.

2.   Role of the Record of Evaluation in Evaluation Reports

Formative or summative evaluation reports shall rely on evidence previously entered into the Record of Evaluation according to the protocols below.

3.   Evaluator-Supplied Evidence

Record of Evidence Form

Any Evaluator who collects evidence shall maintain an Record of Evidence Form for each Educator under his/her supervision using the Evaluator Record of Evidence Form in Appendix A. The form shall be used to document and preserve evidence that may be relied upon to determine ratings against standards and/or to assess progress toward goals.

A Record of Evidence Form entry may include attachments. Any time an Evaluator makes an entry into the Record of Evidence Form , the Educator will receive a copy of the Record of Evidence Form entry and any relevant attachments.

Evidence Collection and Record keeping Protocols

Evaluators shall collect and record evidence from classroom observations and other sources of evidence allowed under state regulations according to the following protocols:

Classroom observations

Classroom observations may be announced or unannounced and of any duration. No observations shall include picture taking, or video or audio recording.

A.   Educators without PTS:

1.   In the first year of practice or first year assigned to a school, the Educator shall have at least one announced observation and at least four unannounced observations.

2.   In their second and third years of practice or second and third years as a non-PTS Educator in the school, the Educator shall have at least one announced and at least three unannounced observations.

B.   Educators with PTS:

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

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

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

C.   Observation Process

The Evaluator's first observation of the Educator without professional status should take place by November 15. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation.

1.   Unannounced Observations

i.) Unannounced observations may be in the form of partial or full-period classroom visitations, Walkthroughs.

ii.) In case of an observation that raises questions or concerns, the Evaluator shall request an in-person conference with the Educator to be held within two (2) school days of the observation.

iii.) The Educator will be provided with at least brief written feedback from the Evaluator within 3 to 5 school days of the observation. The written feedback shall be delivered to the Educator in person, electronically, placed in the Educator's school mailbox in a sealed envelope or, in the event that, after good faith efforts, other options are unsuccessful or unavailable, mailed to the Educator's home.

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

2.   Announced Observations

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

(a)   The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation. The Evaluator shall provide at least five (5) school days notice of the date and time of the announced observation.

(b)   The Evaluator and Educator may meet for a pre-observation conference. In lieu of a meeting, the Educator may inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance.

(1st) The Educator shall provide the Evaluator with a completed copy of the Pre-Observation Data Sheet.

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

(c)   Within three (3) school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

(d) The Evaluator shall provide the Educator with written feedback within 5-7 school days of the post-observation conference. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the Improvement Plan must be completed and the feedback must:

(1st) Describe the basis for the Evaluator's judgment.

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

(3rd) Identify support and/or resources the District will provide the Educator for use in his/her improvement.

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

Other sources of evidence

The Evaluator may record sources of evidence other than classroom observations on the Evaluator Record of Evidence Form with the appropriate feedback accompanying each entry. Such entries may be recorded on the Record of Evidence Form unless they raise questions or concerns for the Evaluator. In such a case, the Evaluator shall hold a meeting with the Educator to share and discuss the evidence which raises questions or concerns before it is formally entered on the Record Of Evidence Form, thus giving the Educator an opportunity to address the evidence and dispel the concerns.

Additionally, following an Educator Record of Evidence entry made by an Evaluator, the Educator may use the Educator Response Form in Appendix A to submit comments and/or additional information he/she believes relevant to the Evaluator's understanding of the evidence. Any comments or information added by the Educator shall become part of the Educator's Record of Evaluation, and the Evaluator who collected and documented the evidence shall acknowledge receipt with his/her signature or electronic acknowledgement.

4. Educator-Supplied Evidence

Every Educator shall have the right to compile and present any evidence or information that relates to his/her performance against the standards and/or progress toward plan goals.

The Educator may share any or all compiled evidence/information with his/her Evaluator(s) at any point in the evaluation cycle, in which case said contents will be entered into the Educator's Record of Evaluation using the Educator Collection of Evidence Form. The Primary Evaluator shall acknowledge receipt of said contents with his/her signature or electronic acknowledgement.

J. Evaluation Cycle: Formative Assessment/Evaluation

1.   Overview

The Formative Assessment takes stock of the Educator's performance against the standards and/or progress toward plan goals throughout the evaluation cycle but typically takes places mid-cycle when the Supervising Evaluator completes a Formative Assessment report.

For an Educator on a two-year Self-Directed Growth Plan, the Formative Evaluation report occurs at the end of year one.

2.   Timelines

a.   Formative Assessments

For Educators on one-year or shorter plans, the Supervising Evaluator shall complete at least one Formative Assessment report during the evaluation cycle. For one-year plans that begin at the start of the school year, he/she shall complete a report and deliver it to the Educator no later than February 15.

Either party may request and shall receive a personal conference which, shall occur before the Supervising Evaluator completes the Formative Assessment report and delivers it to the Educator.

b.   Formative Evaluations

For Educators on two-year Self-Directed Growth plans that begin at the start of the school year the Supervising Evaluator shall complete a Formative Evaluation report and deliver it to the Educator between May 15 and June 1. On or before May 1, either party may request and shall receive an in-person conference which shall occur before the Evaluator completes the Formative Evaluation report and delivers it to the Educator.

c.   Completion and Delivery of Formative Assessment/Evaluation Report

In assessing progress toward goals, the Primary Evaluator shall consider evidence of the efforts, actions, and perseverance demonstrated by the Educator. In the case of team goals, the Evaluator shall consider evidence of the contributions made by each individual to the team.

When writing a Formative Assessment/Evaluation report, the Primary Evaluator need not recommend performance ratings on each standard or overall but instead may assess solely on progress toward goals. If he/she makes no ratings recommendations, the previous summative ratings shall remain in effect.

The Primary Evaluator must review and approve any recommended change in a rating, either on a particular standard or overall, provided that:

• Reports that give an overall rating of needs improvement or unsatisfactory must rely on evidence previously entered into the Record of Evaluation.

• No Educator previously rated Proficient or Exemplary overall may have his/her overall rating lowered through a Formative Assessment/Evaluation unless the following process has occurred:

The Supervising or Primary Evaluator must first have noted at least three (3) classroom observations in the Record of Evaluation during the evaluation cycle that have raised concerns and for which the Evaluator has provided appropriate feedback. The observations must be 15 minutes in length and must include at least two (2) different classes (e.g. different content, grade level, students and/or time of day) over a period of at least fifteen (15) school days.

The Primary and Supervising Evaluators shall sign and date each Formative Assessment/Evaluation and deliver it to the Educator. The Educator shall sign the report within 5 school days of receipt and may include a written response using the Educator Response Form. The Educator's signature shall denote receipt of the report, not agreement with its contents. A copy of the signed report shall remain with the Educator.

3. Post-Report Conferences

a.   Educators Rated Unsatisfactory or Needs Improvement Overall

Any Educator so rated may request a conference with the Primary Evaluator and/or the Supervising Evaluator to discuss the Formative Assessment/Evaluation report, and the conference shall take place within 5 school days of the request. The Educator may request that a Union representative attend the conference.

b.   Educators Rated Proficient or Exemplary Overall

Any Educator so rated, may request a post-report conference. If requested, the conference shall occur within 10 school days of the request.

L.  Evaluation Cycle: Summative Evaluation

1.   Overview

For all Educators, the evaluation cycle concludes with a Summative Evaluation report.

2.   Timeline

For Educators on one-or two-year Educator Plans that begin at the start of the school year, the Primary Evaluator shall complete a Summative Evaluation report and deliver it to the Educator between May 15 and June 1. On or before April 15, either party may request and receive an in-person conference which, if requested, shall occur before the Evaluator completes the Summative Evaluation report and delivers to the Educator.

For Educators on Directed Growth or Improvement Plans, the plan shall state the intended delivery date of the Summative Evaluation report. At least 15 days before said date either party may request an in-person conference, which, if requested, shall occur before The Primary Evaluator completes the Summative Evaluation report and delivers it to the Educator.

3. Completing and Delivering the Report

The Supervising Evaluator shall draft the Summative Evaluation report using the Summative Evaluation Report Form in Appendix A.

The Supervising Evaluator shall recommend to the Primary Evaluator a rating on progress toward student learning goals; a rating on progress toward professional practice goals; a rating on each of the "four standards; and an overall rating. The Supervising Evaluator shall provide a rationale and evidence for each recommendation.

In assessing progress toward goals, the Supervising Evaluator shall consider evidence of the efforts, actions, and perseverance demonstrated by the Educator. In the case of team goals, the Evaluator shall consider evidence of the contributions made by the individual to the team.

The Primary Evaluator shall review the draft report and recommended ratings. The Primary Evaluator may amend the draft report and recommended ratings, citing evidence to support the change(s).

The Primary Evaluator shall then approve the final Summative Evaluation report and ratings, provided that:

Reports that give an overall rating of needs improvement or unsatisfactory must rely on evidence entered into the Record of Evidence that the Primary or Supervising Evaluator has already discussed in person with the Educator at a conference to which the Educator may invite a Union Representative if he/she wishes to do so.

No Educator previously rated Proficient or Exemplary overall may have his/her overall rating lowered through a Summative Assessment/Evaluation unless the following process has occurred:

The Supervising or Primary Evaluator must first have noted at least three (3) classroom observations in the Record of Evaluation during the evaluation cycle that have raised concerns and for which the Evaluator has provided appropriate feedback. The observations must be at least 15 minutes in length and must include at least two (2) different classes (e.g. different content, grade level, students and/or time of day) over a period of at least fifteen (15) school days.

The Primary and Supervising Evaluators shall sign the final Summative Evaluation report and deliver it to the Educator. The Educator shall sign the report within 5 school days of receipt and may include a written response using the Educator Response Form. The Educator's signature shall denote receipt of the report, not agreement with its contents. A copy of the signed report shall remain with the Educator.

4.  Post-Report Conferences

Any Educator regardless of his/her rating may request a conference with the Supervising Evaluator and/or Primary Evaluator to discuss the Summative Evaluation report, and the conference shall take place within five (5) school days of the request. The Educator may request that a Union Representative attend the conference.

M. Timeline

A)        Educators on a One Year Plan

Activity:

Completed By:

Superintendent, principal or designee meets with Evaluators and Educators to explain evaluation process

September 15

Evaluator meets with first-year Educators to assist in self-assessment and goal setting process

October 15

Educator submits self-assessment and proposed goals

 

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

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator on a one year plan.

November 15

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

January 5*

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

 

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

February 1

Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator

February 15

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

April 20*

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

 

Evaluator completes Summative Evaluation Report

May 15

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory

Within 10 school days of May 15

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator

June

Educator signs Summative Evaluation Report and adds response, if any, within 5 school days of receipt

June 10

B)    Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observations(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 1 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 10 of Year 2

C)   Educators on Plans of Less than One Year

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

N. General Provisions

Given the evolving nature of Teacher Evaluation in Massachusetts, the district and the union agree to meet periodically at the request of either party to discuss issues as they arise.

The parties agree to reopen the Collective Bargaining Agreement for the limited purpose of negotiating over such recommended adjustments and future DESE regulations and/or requirements.

Every educator is an active participant in an evaluation process that supports collaboration and continuous learning

Continuous Learning

Self-Assessment

Analysis, Goal Setting & Plan Development

Implementation of the Plan

Formative Assessment Evaluation

Summative Evaluation

Appendix A: Forms for Educator Evaluation

Overview of Forms

The forms included in this Appendix are suggested templates, provided as tools to support educators and evaluators as they implement the new educator evaluation framework. For all of these forms, additional pages may be attached as needed.

 Educator Tracking Sheet This form is intended to be used to track the completion of each step throughout the educator's evaluation process. It will be completed by the educator in conjunction with his/her primary (and possibly supervising) evaluator.

•     Self-Assessment Form. This form is intended to be used in support of Step 1: Self-Assessment, the educator's initial step of the cycle. The form can be used by individuals or teams; however, each individual will need to submit a self-assessment Evaluators sign the form to indicate receipt The form includes sections for the educator to complete an analysis of student learning, growth,. and achievement and an assessment of practice against performance standards. Submission of this form will be noted and initialed on the Educator Tracking Sheet.

•     Goal Setting Form. This form is intended to be used in support of Step 1: Self-Assessment and Step 2: Goal Setting and Plan Development Individuals and teams may use this form to propose goals (a minimum of one student learning goal and one professional practice goal). The form should initially be submitted with the Self-Assessment Form with the box "Proposed Goals' checked. If the goals are approved as written, the evaluator will check the box "Final Goals" and include a copy of the form with the Educator Plan Form. If the goals undergo further refinement edits may be made to the original, or the form may be rewritten. If the form is redone, the new form should have the box "Final Goals" checked and should then be attached to the Educator Plan Form. Submission of this form will be noted and initialed on the Educator Tracking Sheet.

•       Educator Plan Form. This form is intended to be used in support of Step 2: Goal Setting and Plan Development It will either be completed by the educator for a Self-Directed Growth Plan, by the educator and the evaluator together for a Directed Growth Plan and a Developing Educator Plan, and by the evaluator for an Improvement Plan. Completion and/or submission of this form will be noted and initialed on the Educator Tracking Sheet.

•     Evaluator Record of Evidence Form. This form is intended to be used by the evaluator in gathering evidence of an educator's practice during Step 3: Implementation of the Plan. It will be completed by the evaluator and may be reviewed by the educator at any time.

•     Educator Collection of Evidence Form. This form is intended to be used to support the educator in collecting evidence of his/her practice. It will be completed by the educator and shared with the evaluator prior to Formative Assessment/Evaluation and Summative

•     Formative Assessment Report Form. This form is intended to be used in support of an educator's formative assessment (Step 4) at the mid-point of the evaluation cycle, at minimum; it can be used multiple times as Formative Assessment can be ongoing. It will be completed by the evaluator. Evaluators are not required to assess both progress toward goals and performance on Standards; they will check off whether they are evaluating "Progress toward Attaining Goals," "Performance on each Standard," or both. Evaluators will provide a brief narrative of progress that includes feedback Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

•     Formative Evaluation Report Form. This form is intended to be used in support of an educator's formative evaluation at the end of year one of a two-year Self-Directed Growth Plan. It will be completed by the evaluator. Evaluators are not required to assess both progress toward goals and performance on Standards; they will check off whether they are evaluating "Progress toward Attaining Goals," "Performance on each Standard," or both. Evaluators will provide a brief narrative of progress that includes feedback .At the point of Formative Evaluation, the overall rating is assumed to be the same as the prior summative evaluation unless evidence demonstrates a significant change in performance leading to a change in Overall Rating and, possibly, Educator Plan. If there is a change in rating, evaluators must provide comments on each of the four Standards briefly describing why the rating has changed, the evidence that led to a change in rating, and offering feedback (evaluators are encouraged to provide comments even if there is no change to ensure that educators have a clear sense of their progress and performance and receive feedback). Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

•   Summative Evaluation Report Form. This form is intended to be used for Step 5: Summative Evaluation. This form applies to all Educator Plans. It will be completed by the evaluator. The evaluator must complete all sections, which are. "Attainment of Student Learning Goal(s)," "Attainment of Professional Practice Goal(s), "Rating on each Standard," "Overall Performance Rating," and "Plan Moving Forward." Evaluators must provide comments on the student learning goal(s), professional practice goal(s), each of the four Standards, and the overall rating briefly describing the level of attainment or performance rating, the evidence that led to the level of attainment/rating, and offering feedback.. Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

•     Educator Response Form. This form is intended to be used in support of the educator, should he/she want to have a formal response to any part of the evaluation process kept on record. It will be completed by the educator, the evaluator will sign to acknowledge receipt If the form is submitted in response to the Formative Assessment/Evaluation or to the Summative Evaluation, receipt of the response will also be noted and initialed on the Educator Tracking Sheet Evaluation Tracking Sheet.

Massachusetts Department of

ELEMENTARY & SECONDARY EDUCATION

Evaluation Tracking Sheet

Educator—Name/Title:   ___________________________________________________

Primary Evaluator—Name/Title: _____________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ________________________

School(s): __________________________________________________________________

Educator Plan:                     [  ]     Self-Directed Growth Plan               [  ]     Directed Growth Plan

  [  ]     Developing Educator Plan              [  ]     Improvement Plan

Plan Duration:          [  ]     2-Year                [  ]     One-Year            [  ]     Less than a year_______________

Evaluation Step

Date(s)

Educator initials

Evaluator(s) Initials

Self-Assessment received by evaluator

_______

_______

_______

Educator Plan development completed

_______

_______

_______

  [  ]     Formative Assessment conference, if any1

_______

_______

_______

  [  ]     Formative Evaluation conference, if any2

_______

_______

_______

  [  ]     Formative Assessment Report completed

_______

_______

_______

  [  ]     Formative Evaluation Report completed3

_______

_______

_______

Educator response, if any, received by evaluator4

_______

_______

_______

Summative Evaluation conference, if any

_______

_______

_______

Summative Evaluation Report completed

_______

_______

_______

Educator response, if any, received by evaluator

_______

_______

 

___________________________________________________________________________________

1As per the Massachusetts Model System for Educator Evaluation Contract Language, evaluation conferences are required for ratings of Needs Improvement and Unsatisfactory but conferences may be requested by either the educator or evaluator for any Educator Plan. The conference may occur before or after the Report is completed; the sequence in the above table does not denote required chronological order.

2Formative Evaluation only occurs at the end of the first year of a two-year Self-Directed Growth Plan.

3The educator's formative evaluation rating at the end of the first year of the two-year cycle shall be the same as the previous summative rating unless evidence demonstrates a significant change in performance. In such a case the rating on the formative evaluation may change. Assigning ratings is optional during Formative Assessment.

______________________________________________________________________________________

• An educator may provide written comments to the evaluator at any time using the Educator Response Form but 603 CMR 35.06 ensures that educators have an opportunity to respond to the Formative Assessment, Formative Evaluation, and Summative Evaluation in writing.

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Self-Assessment Form

Educator—Name/Title:   ___________________________________________________________

Primary Evaluator—-Name/Title: ____________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ____________________________

School(s): ______________________________________________________________________

Part 1: Analysis of Student Learning, Growth, and Achievement

Briefly summarize, areas of strength and high-priority concerns for students under your responsibility for the upcoming school year. Cite evidence such as results from available assessments. This form should be individually submitted by educator, but Part 1 can also be used by individuals and/or teams who jointly review and analyze student data.

603 CMR 35 06 (2)(a)1

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

___________________________________________________________________________________

Team, if applicable:______________________________________________________________

List Team Members below:

____________________________________              _______________________________________

____________________________________              _______________________________________

____________________________________              _______________________________________

Educator—Name/Title:  __________________________________________________________

Part 2: Assessment of Practice Against Performance Standards:

Citing your district's performance rubric, briefly summarize areas of strength and high-priority areas for growth. Areas may target specific Standards, Indicators, or Elements, or span multiple Indicators or Elements within or across Standards. The form should be individually submitted by educator, but Part 2 can also be used by teams in preparation for proposing team goals.

603 CMR 35 06 (2)(a)2

Team, if applicable:______________________________________________________________________

List Team Members below:

_______________________________________               _______________________________________

_______________________________________               _______________________________________

_______________________________________               _______________________________________

Signature of Educator________________________               Date_________________________________

Signature of Evaluator________________________               Date_________________________________

* The evaluator's signature indicates that he or she has received a copy of the self-assessment form and the goal setting form with proposed goals. It does not denote approval of the goals

Goal Setting Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator—Name/Title:  ____________________________________________________

Primary Evaluator—Name/Title: _________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: _________________________________

School(s): _____________________________________________________________________________

Check all that apply1:           [  ]     Proposed Goals          [  ]     Final Goals           Date: ________________________

A minimum of one student learning goal and one professional practice goal are required. Team goals must be considered per 603 CMR 35 06(3)(b). Attach pages as needed for additional goals or revisions made to proposed goals during the development of the Educator Plan.

Student Learning Goal

Professional Practice Goal

- Check whether goal is individual or team; write team name if applicable.

Check whether goal is individual or team; write team name if applicable.

  [  ]     Individual

  [  ]     Individual

  [  ]     Team:_______________________________

____________________________________

___________________________________

___________________________________

___________________________________

___________________________________

 

  [  ]     Team: ________________________________

________________________________

_______________________________

_______________________________

_______________________________

_______________________________

 

This framework may help you formulate your goals.

SMART: S=Specific and Strategic; M=Measurable; A=Action Oriented;

R=Rigorous, Realistic, and Results-Focused; T=Timed and Tracked

_______________________________________________

1 If proposed goals change during Plan Development, edits may be recorded directly on original sheet or revised goal may be recorded on a new sheet If proposed goals are approved as written, a separate sheet is not required.

Educator Plan Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator— Name/Title:   ___________________________________________________

Primary Evaluator—Name/Title: _____________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ________________________

School(s): ____________________________________________________________________

Educator Plan:             [  ]     Self-Directed Growth Plan             [  ]     Directed Growth Plan

  [  ]     Developing Educator Plan             [  ]     Improvement Plan*

Plan Duration:              [  ]     2-Year            D One-Year          [  ]     Less than a year___________

Start Date:_______________________            End Date: __________________

  [  ]     Goal Setting Form with final goals is attached to the Educator Plan.

Some activities may apply to the pursuit of multiple goals or types of goals (student learning or professional practice). Attach additional pages as necessary.

Student Learning Goal(s): Planned Activities

Describe actions the educator will take to attain the student learning goal(s).

Activities may apply to individual and/or team. Attach additional pages as needed.

Action

______

______

______

______

______

______

 

Supports/Resources from School/District1

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

 

Timeline or Frequency

__________________

__________________

__________________

__________________

__________________

__________________

 

*Additional detail may be attached if needed

Educator—Name/Title: ______________________________________________________________

Professional Practice Goal(s): Planned Activities

Describe actions the educator will take to attain the professional practice goal(s).

Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District1

Timeline or Frequency

______

______

______

______

______

______

 

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

______ ______ ______ ______ ______ ______ ______

 

__________________

__________________

__________________

__________________

__________________

__________________

 

This Educator Plan is "designed to provide educators with feedback for improvement, professional growth, and leadership," is "aligned to statewide Standards and Indicators in 603 CMR 35.00 and local Performance Standards," and "Is consistent with district and school goals." (see 503 CMR 35.06 (3)(d) and 603 CMR 35.06(3)(f).)

Signature of Evaluator ________________________________Date___________________________

Signature of Educator_____________________________Date________________________________

* As the evaluator retains final authority over goals to be included in an educator's plan (see 603 CMR 35,06(3)(c)), the signature of the educator Indicates that he or she has received the Goal Setting Form with the "Final Goal" box checked, indicating the evaluator's approval of the goals. The educator's signature does not necessarily denote agreement with the goals. Regardless of agreement with the final goals, signature indicates recognition that "It is the educator's responsibility to attain the goals in the plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan." (see 503 CMR 35.05(4))

____________________________________________________________________________________

1Must identify means for educator to receive feedback for improvement per 603 CMR 35 06(3)(d)

____________________________________________________________________________________

Evaluator Record of Evidence Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator—Name/Title: ________________________________________________________

Primary Evaluator—Name/Title: _________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: _________________________

School(s): ______________________________________________________________

Academic Year: ____________ Educator Plan and Duration: ________________________________

Standards and indicators for Effective Teaching Practice: Rubric Outline

as per:603CMR 35.03:

The evaluator should track collection to ensure that sufficient evidence has been gathered.

1. Curriculum, Planning, & Assessment

II. Teaching All Students

III. Family & Community Engagement

IV. Professional Culture

  [  ]     I -A. Curriculum and Planning

  [  ]     II-A. Instruction

  [  ]     III-A. Engagement

  [  ]     IV-A. Reflection

 

  [  ]     II-B. Learning Environment

  [  ]     III-B. Collaboration

  [  ]     IV-B. Professional Growth

  [  ]     I-B. Assessment

  [  ]     II-C. Cultural Proficiency

  [  ]     III-C. Communication

  [  ]     IV-C. Collaboration

  [  ]     I -C. Analysis

  [  ]     II -D. Expectations

 

  [  ]     IV-D. Decision-making

 

 

 

  [  ]     IV-E. Shared Responsibility

 

 

 

  [  ]     IV-F. Professional Responsibilities

* The Rubric Outline is intended to be used for citing Standards and Indicators. Evaluators should review the full rubric for analysis of evidence and determination of ratings

Educator:   __________________________________     Evaluator: _______________________________

Date

Source of Evidence

standard(s)/

Analysis of Evidence

Feedback Provided

(Record date of collection, duration if. ;applicable)

* (e.g., parent, conference, observation)

Indicator(s) Note Standard(s) and Indicator(s) to which evidence is tied.

Record notes "send on observations and artifacts of professional practice, including unannounced observations of practice of any duration" or other forms of evidence to support determining ratings on Standards  as per 603 CMR 35.07

Briefly record feedback given to educator (e.g., strengths recognized, suggestions for improvement)

EX: 11/8/11

 

___ __

___ __

___ __

___ __

___ __

___ __

 

EX: unit plans, benchmark data

___ __

___ __

___ __

___ __

___ __

___ __

 

EX: I-8

 

 

___ __ ___

___ __ ___

___ __ ___

___ __ ___

___ __ ___

___ __ ___

 

EX: unit plans were appropriately modified after analysis of benchmark data to better reflect student performance at mid-point of semester

___ __ ___ ___ __ ___ ___ __ ___

___ __ ___ ___ __ ___ ___ __ ___

___ __ ___ ___ __ ___ ___ __ ___

___ __ ___ ___ __ ___ ___ __ ___

___ __ ___ ___ __ ___ ___ __ ___

___ __ ___ ___ __ ___ ___ __ ___

 

EX: recognized strong adjustment to practice, suggested teacher collaborate with team on backward curriculum mapping

___ __ ___

___ __ ___

___ __ ___

___ __ ___

___ __ ___

 

*note if classroom observations are announced or unannounced

Educator Collection of Evidence Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator—Name/Title: __________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ___________________________

School(s): ____________________________________________________________________

Evidence pertains to (check all that apply)1:

  [  ]     Fulfillment of professional responsibilities and growth

  [  ]     Evidence of outreach to and ongoing engagement with families

  [  ]     Progress toward attaining student learning goal(s)

  [  ]     Progress toward attaining professional practice goal(s)

  [  ]     Other________________________________________________________________________________

Summary of Evidence

Summarize the evidence compiled to be presented to evaluator with a brief analysis.

Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Signature of Educator ________________________________Date________________________________

Signature of Evaluator__________________________________Date______________________________

  [  ]     Attachment(s) included

_____________________________________________________________________________________

1 Per 603 CMR 35.07(1)(c)1, "Evidence compiled and presented by the educator includ[es]: 1. Evidence of fulfillment of professional responsibilities and growth, such as: self-assessments; peer collaboration; professional development linked to goals and or educator plans; contributions to the school community and professional culture; 2. Evidence of active outreach to and ongoing engagement with families." However, educator collection of evidence is not limited to these areas.

_____________________________________________________________________________________

Formative Assessment Report Form-For Educators on a One-Year Cycle

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator—Name/Title:   _______________________________________________________________

Primary Evaluator—Name/Title: _________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: _________________________________

___________________________________________________________________________________

School(s): __________________________________________________________________________

Assessing1:

  [  ]     Progress toward attaining goals                        [  ]     Performance on Standar              [  ]     Both

Progress Toward Student Learning Goal(s)

Describe current level of progress and feedback for improvement. Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Describe current level of progress. Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

1 As per 603 CMR 35.02 and 603 CMR 35 06(51. formative assessment shall mean the process used to assess progress towards attaining goals set forth in educator plans, performance on performance standards, or both.

______________________________________________________________________________________

Formative Assessment Report Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator—Name/Title:  __________________________________________________

Performance on Each Standard

Describe performance and feedback for improvement Attach additional pages as needed.

I: Curriculum, Planning, & Assessment

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

II: Teaching All Students

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

III: Family & Community Engagement

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

IV: Professional Culture

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

The educator shall have the opportunity to respond in writing to the formative assessment as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature of Evaluator _____________________________Date Completed:_________________________

Signature of Educator*_____________________________Date Received:__________________________

*Signature of the educator indicates acknowledgement of this report, it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

Formative Evaluation Report Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

* For educators on two-year Self-Directed Growth Plans at the end of Year One of the cycle

Educator—Name/Title:   ___________________________________________________________

Primary Evaluator—Name/Title: ____________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ____________________________

School(s); _____________________________________________________________________

Assessing1:

  [  ]     Progress toward attaining goals            [  ]     Performance on Standards                  [  ]     Both

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

  [  ]     Did not meet                [  ]     Some progress               [  ]     Significant Progress            

 [  ]     Met              [  ]     Exceeded

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

  [  ]     Did not meet      [  ]     Some progress       [  ]     Significant Progress      [  ]   

 Met         [  ]     Exceeded

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

1As par 603 CMR 35 02 and 603 CMR 35 06(5) formative evaluation shall mean the process used to assess progress towards attaining goals set forth in educator plans performance on performance standards, or both.

______________________________________________________________________________________

Educator—Name/Title:   __________________________________________________________

  [  ]     Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

  [  ]     Evaluator is assigning ratings that differ from prior Summative Evaluation; comments are required

Rating on Each Standard

1:Curriculum, Planning, & Assessment

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]     Proficient    [  ]     Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]     Proficient    [  ]     Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

  [  ]     Unsatisfactory      [  ]     Needs Improvement     [  ]     Proficient      [  ]     Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

  [  ]     Unsatisfactory     [  ]     Needs Improvement      [  ]     Proficient     [  ]     Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Educator—Name/Title:   _________________________________________________________________

  [  ]     Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

  [  ]      Evaluator is assigning ratings that differ from prior Summative Evaluation; comments required

Overall Performance Rating

  [  ]     Unsatisfactory           [  ]     Needs Improvement            [  ]     Proficient          [  ]     Exemplary

Rationale, evidence, and feedback: ______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Plan Moving Forward

  [  ]     Self-Directed                  [  ]     Directed              [  ]     Improvement        [  ]     Developing Educator

           Growth Plan                             Growth Plan                  Plan                                 Plan

The educator shall have the opportunity to respond in writing to the formative evaluation as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature of Evaluator ______________________________Date Completed: _______________________

Signature of Educator*_____________________________Date Received: __________________________

_____________________________________________________________________________________

*Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

_____________________________________________________________________________________

Summative Evaluation Report Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator—Name/Title:   __________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ___________________________

School(s): _____________________________________________________________________

Current Plan:                 [  ]     Self-Directed Growth Plan              [  ]     Directed Growth Plan

  [  ]     Developing Educator Plan              [  ]     Improvement Plan

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

  [  ]     Did not meet               [  ]      Some progress            [  ]      Significant Progress        

       [  ]      Met            [  ]     Exceeded

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

  [  ]     Did not meet      [  ]     Some progress       [  ]     Significant Progress     [  ]     Met      [  ]     Exceeded

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Educator—Name/Title:   __________________________________________________________________

Rating on Each Standard

I:  Curriculum, Planning, & Assessment

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]      Proficient     [  ]      Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

II: Teaching All Students

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]      Proficient     [  ]      Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

III: Family/Community

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]      Proficient     [  ]      Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

IV: Professional Culture

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]      Proficient     [  ]      Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Educator—Name/Title:   __________________________________________________________

Overall Performance Rating

  [  ]     Unsatisfactory     [  ]     Needs Improvement     [  ]      Proficient     [  ]      Exemplary

Rationale, evidence, and feedback:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Plan Moving Forward

  [  ]       Self-Directed              [  ]     Directed              [  ]     Improvement        [  ]     Developing Educator

               Growth Plan                       Growth Plan                  Plan                               Plan

The educator shall have the opportunity to respond In writing to the summative evaluation as per 603 CMR 35.06(6) on the Educator Response Form.

Signature of Evaluator _____________________________Date Completed:_________________________

Signature of Educator*_____________________________Date Received: __________________________

* Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

Educator Response Form

Massachusetts Department of

ELEMENTARY & SECONDARY

EDUCATION

Educator Response Form

Educator—Name/Title:   _____________________________________________________________

Primary Evaluator—Name/Title: _______________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: _______________________________

School(s): ____________________________________________________________________________

Response to: (check all that apply)

  [  ]     Educator Plan, including goals and activities

  [  ]     Evaluator collection and/or analysis of evidence

  [  ]     Formative Assessment or Evaluation Report

  [  ]     Summative Evaluation Report

  [  ]     Other____________________________________________________________

Educator Response

Attach additional pages as needed

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

____________________________________________________________________________________

Signature of Educator___________________________________Date____________________________

Signature of Evaluator_____________________________________Date_______________________

  [  ]     Attachment(s) included

Appendices

Appendix B: Setting SMART Goals1

Good goals help educators, schools, and districts improve. That is why the educator evaluation regulations require educators to develop goals that are specific, actionable, and measurable. They require, too, that goals be accompanied by action plans with benchmarks to assess progress.

This "SMART" Goal framework is a useful tool that individuals and teams can use to craft effective goals and action plans:

S         =           Specific and Strategic

M        =           Measurable

A         =          Action Oriented

R         =           Rigorous, Realistic, and Results-Focused (the 3 Rs)

T         =          Timed and Tracked

Goals with an action plan and benchmarks that have these characteristics are "SMART."

A practical example some of us have experienced in our personal lives can make clear how this SMART goal framework can help turn hopes into actions that have results.

First, an example of not being "SMART" with goals: / will lose weight and get in condition.

Getting SMARTer Between March 15 and Memorial Day, I will lose 10 pounds and be able to run 1 mile nonstop.

The hope is now a goal, that meets most of the SMART Framework criteria:

It's Specific and Strategic       =10 pounds, 1 mile

It's Measurable                      = pounds, miles

It's Action-oriented                 = lose, run

It's got the 3 Rs                     = weight loss and running distance

It's Timed                              =10 weeks

SMART enough: To make the goal really "SMART," though, we need to add an action plan and benchmarks, They make sure the goal meets that final criteria, "Tracked." They also strengthen the other criteria, especially when the benchmarks include "process" benchmarks for tracking progress on the key actions and "outcome" benchmarks that track early evidence of change and/or progress toward the ultimate goal.

__________________________________________________________________________________

1 The SMART goal concept was introduced by G.T. Doran, A. Miller and J. Cunningham in There's a S.M.A.R.T. way to write management's goals and objectives, Management Review 70 (11), AMA Forum, pp. 35-36. What Makes a Goal 'SMART? also draws from the work of Ed Costa, Superintendent of Schools in Lenox; John D'Auria, Teachers 21; and Mike Gilbert, Northeast Field Director for MASC.

__________________________________________________________________________________

Key Actions

Reduce my daily calorie intake to fewer than 1,200 calories for each of 10 weeks.

Walk 15 minutes per day; increase my time by 5 minutes per week for the next 4 weeks.

Starting in week 5, run and walk in intervals for 30 minutes, increasing the proportion of time spent running instead of walking until I can run a mile, non-stop, by the end of week 10.

Benchmarks:

•    For process, maintaining a daily record of calorie intake and exercise

•    For outcome, biweekly weight loss and running distance targets (e.g., After 2 wks: 2 lbs/0 miles; 4 wks: 4 lbs/0 miles; 6 wks: 6lbs/.2 mi; 8 wks: B lbs/.4 miles)

S = Specific and Strategic

Goals need to be straightforward and clearly written, with sufficient specificity to determine whether or not they have been achieved. A goal is strategic when It serves an important purpose of the school or district as a whole and addresses something that is likely to have a big impact on our overall vision.

M = Measurable

If we can't measure it, we can't manage it What measures of quantity, quality, and/or Impact will we use to determine that we've achieved the goal? And how will we measure progress along the way? Progress toward achieving the goal is typically measured through "benchmarks.* Some benchmarks focus on the process: are we doing what we said we were going to do? Other benchmarks focus on the outcome: are we seeing early signs of progress toward the results?

A = Action Oriented

Goals have active, not passive verbs. And the action steps attached to them tell us "who" is doing "what" Without clarity about what we're actually going to do to achieve the goal, a goal is only a hope with little chance of being achieved. Making clear the key actions required to achieve a goal helps everyone see how their part of the work is connected—to other parts of the work and to a larger purpose. Knowing that helps people stay focused and energized, rather than fragmented and uncertain.

R = Rigorous, Realistic, and Results-Focused (the 3 Rs)

A goal is not an activity: a goal makes clear what will be different as a result of achieving the goal. A goal needs to describe a realistic, yet ambitious result It needs to stretch the educator, team, school, or district toward improvement but not be out of reach. The focus and effort required to achieve a rigorous but realistic goal should be challenging but not exhausting. Goals set too high will discourage us, whereas goals set too low will leave us feeling "empty" when it is accomplished and won't serve our students well.

T = Timed

A goal needs to have a deadline. Deadlines help all of us take action. For a goal to be accomplished, definite times need to be established when key actions will be completed and benchmarks achieved. Tracking the progress we're making on our action steps (process benchmarks) is essential: if we fall behind on doing something we said we were going to do, we'll need to accelerate the pace on something else. But tracking progress on process outcomes Isn't enough. Our outcome benchmarks help us know whether we're on track to achieve our goal and/or whether we've reached our goal. Benchmarks give us a way to see our progress and celebrate it. They also give us information we need to make mid-course corrections.

IMPROVEMENT PLAN

Teacher:______________________________________     Date:________________________________

Assignment:__________________________________      Location:_____________________________

Principal:_____________________________________________________________________________

The following plan is based on the Evaluator Record of Evidence Form(s).

__________________________________________________________________________________

The Teacher is responsible for addressing the need for improvement.

__________________________________________________________________________________

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

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

2.         Specific recommendations for improvement and expected outcomes.

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

3.         Support and assistance that the District will provide to help the teacher (identify the provider).

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

4.         Detail the timeline for completion of each component of the Improvement Plan. This shall include a mid-plan review of the teacher's progress towards goals in the Improvement Plan, which shall occur on __________________________and shall focus on the teacher's progress towards the above-referenced recommendations and expected outcomes.

5.          Date for the next follow-up conference: ____________________________________________.

6.         Date for the Summative Evaluation relative to this Improvement Plan:____________________.

Principal:____________________________________Date:____________________________

Teacher:_____________________________________Date:____________________________

The teacher's signature on this Improvement Plan acknowledges only receipt and does not necessarily indicate agreement with this plan.

APPENDIX E

MEMORANDUM

OF

AGREEMENT

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

"BENTLEY SCHOOL TURN-AROUND"

1.   Purpose

The Salem School Committee and the Salem Teachers Union agree to establish a one year "pilot agreement" for the Bentley School in support of its Turn-Around Plan. Both parties agree that this Memorandum of Agreement will remain in place subject to continual review and revisions as needs and circumstances warrant. Insofar as this agreement may be found to be in conflict with the Collective Bargaining Agreement, the parties understand that this agreement shall serve as the controlling document.

2.   School Day

A)  The student school day will be increased with a student start time of seven forty (7:40 a.m.) and students end time of two forty (2:40 p.m.).

B)  Staff will be assigned to work a staggered schedule equal in duration to their present workday. Staff schedules will be continuous in nature and include early and/or late morning start times.

C)  The following guidelines shall be considered in the development of the annual teachers' schedule:

-        The groupings of teachers in the early/late sessions of the schedule shall be done in such a way as to keep grade levels of teachers together e.g. 1st grade.

-        Every effort will be made to balance off instructional time with scheduled unified arts and/or intervention times.

-        To the extent possible, instructional blocks will not be split.

-        The same/equivalent instructional opportunities will be provided to all students e.g. Instructional Meeting Time.

-        Every effort will be made to integrate Science and Social Studies into the ELA and Math blocks.

-        It is understood that in the second year of scheduling those teachers who started early will start later and vice versa, and this schedule will rotate annually in all subsequent years.

-        Both parties agree to review the final versions of each year's schedule annually in June of the preceding school year.

3.    Professional Development

The Bentley School staff shall participate in three (3) four (4) day training sessions scheduled beyond the scope of the 2011-2012 and 2012-13 Salem Public School calendars, for which they shall receive a total of three (3) credits for the purpose of advancement upon the salary scale. The granting of such credits shall be on a non-precedent setting basis, except in the case of any other school being placed on a Level 4 status. All such sessions will run from eight (8:00) a.m. - one (1:00) p.m. daily with at least one (1) fifteen minute break. PDP's and a $100 participation stipend (per completed four (4) day seminar) will be provided. Work is presently underway through Salem State University, Endicott College, Gordon College to provide graduate credit(s) to participants and opportunities for off-sight training on their campuses.

-        The first training session will be provided by Project Adventure, to be held on June 25 - 28, 2012 at their Beverly site.

-        The second training session scheduled for July 23 -26, 2012, will be held on the Endicott College Campus. It will be led by the district's Directors of ELL, Mathematics and ELA and devoted to the planning and review of the scope and sequence of skills and related instructional themes for the year ahead.

-        The third training session will be held on the four (4) days in August, 2012, prior to the "official" return date for the district's teachers.

-        Additional activities being considered which may include voluntary staff participation are a "welcome back" cookout for staff, students & families, parent nights focusing on various academic topics and "helping with homework" sessions, etc.

4.   Additional Student Support

The parties agree that the Salem Public Schools may hire bargaining and non-bargaining unit professionals to work during the workday and in before/after school programs designed to assist students in need of remediation and/or improvement. These professionals may include but not be limited to retired teachers, retired administrators, and current teachers. The parties agree that while these individuals will provide instructional services, these services will supplement and not supplant the services provided by the members of the bargaining unit.

5.   Transfers

The parties agree that they must support, enhance and sustain a school climate and culture that fosters student learning and achievement at the Bentley School. We agree that stability among instructional staff plays a vital role in supporting the creation and maintaining of such a culture. Consequently the parties agree as follows:

A)   Both parties acknowledge the prior agreement to provide Bentley employees with an opportunity to "opt out" of The Bentley School turn-around plan by April 1, 2012. It is further agreed that a second opt-out provision for the 2012    2013 school year for the Bentley staff will extend through June 20, 2012 Teachers wishing to transfer out of the Bentley School for the 2013-2014 school year shall provide the superintendent with written notification no later than April 1, 2013. This transfer would be effective for the 2013-14 school year.

B)  Teachers who opt-out will be given preference for any position for which they are qualified/certified before any other requests for transfer or new hires will be considered.

C)  No teacher may transfer into the Bentley School without the Principal's and Superintendent's approval.

D)  No teacher may transfer into a position held by a current Bentley School teacher, unless said teacher has seniority over the L4 teacher and has no other position within the SPS to which s/he can transfer based upon his/her certification and qualifications.

E)  Both parties agree that "any Bentley teacher wishing to opt out of their 2012-13 teaching assignment and request a transfer to another open position/school (within their area of certification - with their school/grade level to be determined), needs to do so no later than April 1 according to the CBA (article 7, sec. B). Such a request shall be completed using the teacher preference form (pg. 132, CBA) submitted to the Supt. of schools.

APPENDIX F

MEMORANDUM

OF

UNDERSTANDING

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AMERICAN FEDERATION OF TEACHERS,

AFL-CIO

"SALEM COMMUNITY CHARTER SCHOOL"

1.   Statement of Purpose

The Salem Community (Horace Mann) Charter School (SCCS), received its charter as a Horace Mann III Charter School (MGL c. 71 § 89 [i][1]) from the Massachusetts Board of Elementary & Secondary Education on February 28, 2011.

The SCCS has as its mission, the successful education, culminating in the high school graduation, of young people from Salem who have dropped out of school, or who are at serious risk of dropping out of school. Its program will feature: development upon admittance of a plan for successful completion; competency-based instruction; "wrap-around" social services for the SCCS' students; completion of a substantive "capstone" project for graduation; intensive monitoring of student performance and social, medical, or familial, or personal issues that may interfere with the student's progress toward graduation; and thorough preparation for success in subsequent formal education or for effective entry into the workforce after graduation.

2.   General Waiver

Except as specifically referred to herein, any provisions of the Collective Bargaining Agreement between the Salem School Committee and the Salem Teachers Union are expressly waived.

3.   Work Year: Number of Days

Salem Community (Horace Mann) Charter School (SCCS) teachers will work 195 days per year. Any SCCS staff member who is designated a "coordinator" for purposes of compensation shall work the additional hours/day and days per year that are required of a coordinator under the general terms of the Collective Bargaining Agreement between the District and the STU.

4.   Start of Students' Instructional Year

The instructional year for SCCS students will begin not earlier than the Monday before Labor Day, and not later than the Monday following Labor Day.

5.   Hours of Employment

5.1.           The total number of minutes of work on each day when school is in session, including any half-days of professional development when the students are present for only part of the day, shall be not fewer than four hundred forty five (445) minutes(Seven (7) hours twenty-five (25) minutes). This will take place between the hours of 8:30 a.m. and 4:30 p.m., with affording the greatest flexibility possible for students attending school as the key to scheduling instructional programming.

5.2.           On each of the five (5) full days when teachers are expected to report to work for professional development or other professional activities, and students are not present for instruction, the teachers' work day shall be not less than six hours, i.e., three hundred sixty (360) minutes.

5.3.           Any SCCS staff member who is designated a "coordinator" for purposes of compensation shall work the additional 30 minutes/day that are required of a coordinator under the general terms of the Collective Bargaining Agreement.

6.   Other Conditions of Employment

6.1.          Each SCCS teacher or other SCCS employee who is a member of the STU bargaining unit staff shall be expected, in addition to the work obligations set forth in 5.1, 5.2, and 5.3, above, to attend and participate in diverse activities in furtherance of the SCCS's mission. Such activities may include, but not limited to: day or evening student recruitment meetings; day or evening meetings, at school or elsewhere, with parents or other family members; meetings with representatives of private or public social service agencies; meetings to develop or review students Individualized Education Program (IEP) plans; after-school common planning time; and other activities associated with realizing the SCCS's mission by meeting the terms and conditions of the SCCS's charter. The time expected of each staff member in regard to these activities may total up to sixty (60) hours per year, and is in addition to the regular work day and work year identified elsewhere herein. This provision is subject to Article VI G.5 c and d of the Collective Bargaining Agreement.

6.2.     Twice each month the principal may schedule, and all SCCS STU bargaining unit members shall attend, a staff meeting lasting not more than sixty (60) minutes. The meeting dates and times shall be determined by the principal, who shall make such determination after consulting with the SCCS STU bargaining unit staff who are expected to attend. This provision is subject to Article VI G.5 c and d of the Collective Bargaining Agreement.

6.3.   In addition to teaching regular, small group, or tutorial classes SCCS teachers may also be required to teach or supervise distance learning instruction.

6.4.   The following provisions of the STU's Agreement with the School Committee shall apply to STU bargaining unit members at the SCCS:

Article III §§ A -H, J, except that the specific four (4) days are not limited to Monday through Thursday. When said four (4) days are identified, said schedule shall remain stable for that school year, with one coordinator arriving a half-hour earlier than the teacher and one coordinator remaining a half-hour after the teachers' day ends.

Article III §§ L, O,P, & Q

Article III § T

Article IV

Article V

Article VI §§C,H,K 1 and 2, L, M, N.1, 2 and 3, S,T,U, W, & X

Article VII §§ A.1 - 3, 5, B.1 - 7, 9, 10, C.1

Article VIII §§ A, B.1, 2, & 4, C, D

Article IX §§ A F, H-L

Article X - XV.

6.5.           The evaluation of teachers and other STU bargaining unit members will take place in accordance with the requirements of MGL c. 71 § 38, 603 CMR 35.00, and such other laws or regulations as may be applicable. The SCCS Principal shall be the primary evaluator for each member of the STU bargaining unit. At the request of the SCCS Principal said personnel may be observed as part of the staff member's evaluation by the Assistant Superintendent, by the Director of Pupil Personnel Services or another special education administrator, by the district's English Language Learner Administrator, by a high school housemaster, by the Salem H.S. Director of Curriculum, or by any other administrator in the Salem Public Schools whom the Principal believes would provide her/him with useful information in evaluating the work performance of the STU bargaining unit member.

6.6.           Each member of the SCCS faculty will serve as a mentor to a group of students. The estimated maximum number of this group is 15. In this capacity the SCCS teacher or counselor will be expected to meet regularly with her/his students, either individually or in groups, to monitor each student's academic progress, to gauge each student's need for special assistance, and to serve as a bridge between the student's family and the school. Effectiveness in meeting the responsibilities of being a student mentor will be assessed by evidence of the following: (1) the schedule of meetings between the mentor and the student; (2) the sharing of the information gleaned from such meetings with appropriate personnel; (3) the mentor will focus on student academic achievement; and (4) the mentor will provide prompt notice to the principal and to counselors when a student is in trouble.

6.7.           Each member of the SCCS faculty shall work collegially and with due professional diligence to realize the objectives set out in Section 1, above. Therefore, in addition to showing the requisite competence in her/his subject area or field of responsibility that is expected of every teacher or counselor, each faculty member shall (1) be familiar with the SCCS's mission, (2) demonstrate, by active participation in the school's unique organization and service format, continuing support for the goals and objectives of the SCCS, and (3) exhibit a commitment to working with the student population whose success is the raison d’être of the SCCS.

6.8.           A teacher or other educator who is assigned less than full-time to provide special education services, English Language Learners services, art, music, or physical education instruction, or any other educational programming or service, while working elsewhere in the Salem Public Schools as part of her/his assignment, shall not be considered as covered by the provisions of this agreement, except for Section 6 paragraph 7 above.

7.  Compensation

The SCCS members of the STU bargaining unit shall be compensated in accordance with the salary schedule in the Collective Bargaining Agreement and in addition thereto shall receive additional compensation which shall be considered "regular compensation" in the amount of sixteen percent (16%) over the compensation rates contained in the salary schedule

APPENDIX G

MEMORANDUM

OF

AGREEMENT

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

"CARLTON INNOVATION SCHOOL"

1.   Purpose

Pursuant to General Laws, Chapter 71, § 92, the Carlton School has been designated as an "Innovation School". By said law, the School is required to create a "staffing plan" which shall contain a detailed description of how the staff will be recruited, employed, evaluated and compensated. It also shall include any proposed waivers or modifications of any collective bargaining agreement. In that regard, the District has met with the Salem Teachers Union and have reached agreement as to the "staffing plan". In so far as this agreement may be found to be in conflict with the Collective Bargaining Agreement, the parties understand that this agreement shall serve as the controlling document.

2.   General Staffing

A)  Except as set forth herein, all current staff shall be retained as part of the innovation staff.

B)  Any teacher wishing to opt out of their 2012-2013 teaching assignment at the Carlton, shall request a transfer to another position/school within their area of certification (with their school/grade level to be determined). Such a request for transfer shall be made using the Staff Preference Form (Appendix C of the Collective Bargaining Agreement), no later than April 1 and in accordance with Article VII, Section B of said Collective Bargaining Agreement.

C)  Any involuntary transfer shall be made only after a meeting between the teacher involved, the Principal (if applicable), and the Superintendent, at which time the teacher shall be notified of the reason for the transfer.

3.   Program Staffing

The hiring and employment of teachers who apply to work in the Assessment Camp and/or Success Block will be done consistent with the Collective Bargaining Agreement language contained in Article 7 (Pg. 86) i.e., "when other factors are the same among a number of candidates, seniority in the school department may be considered."

4.   Job Descriptions

The Principal of the Carlton School will be responsible for the creation of job descriptions specific to each of the above programs. These job descriptions will accompany each posting.

5.   Compensation

A)  Carlton School teachers will be paid a one thousand dollar ($1,000.00) stipend for the "start-up" of the 2012-2013 school year to cover the cost of additional time needed to undertake the initial development of the innovation school model.

B)  Teachers hired to participate in the August Assessment Camp shall receive a stipend of twelve hundred dollars ($1,200.00) for the completion of this work.

C)  Teachers hired for "Success Block" tutoring (trimester basis) will be required to commit to a minimum of one trimester of service and will be compensated at the forty-five dollar ($45.00) hourly rate.

This Agreement entered into this _____day of_____________, 2013.

SIDE AGREEMENTS

As a matter of Side Agreement and not as a matter of the Collective Bargaining Agreement, the parties have agreed to:

1. Re-open the side letter on Inclusion, and to reactivate a joint committee relative thereto.

2.   Jointly review the beginning and ending times of the schools.

3.   Jointly review the extracurricular stipends in other districts and to report back to the full bargaining teams of the respective sides.

4.   Beginning and Ending Times of the High School

The objective of this joint committee will be to look at the benefits of beginning Salem High School at a later time. This will be a joint effort by members selected by the Union, Central Office, Administrative Personnel and the School Committee. The expectation will be that the new document will be returned to the parties by March 1, 2004 for ratification by April 1, 2004 to be ready for implementation by September, 2004.

5.   As part of the overall negotiated settlement of the High School Schedule being reconfigured to what is known as a "Block Schedule", but not as part of the Collective Bargaining Agreement, the committee and the Union agree as follows:

A.  If, as a result of negotiations, a significant change to the internal schedule at Salem High School is agreed to, the parties will take into consideration such changes to the teaching methodologies which are necessary to implement the schedule. In addition, both parties acknowledge that a teacher, who has experienced success in teaching in the former schedule, may experience initial difficulty in transitioning to a new schedule. During such time, administration will take into account the transition during the evaluating process. While it is acknowledged that administrators retain the right to identify teachers in need of improvement, and prescribe strategies for growth and success, the administration shall exhibit patience and restraint with regard to formal evaluations in order to allow teachers the necessary time to become comfortable in their newly changed working environment

B. Staff may continue to look at ways to improve/adjust the daily schedule. Any proposed change must be supported by a favorable vote of two-thirds (2/3) of the entire high school teachers body. These changes will be brought to the School Committee and Union for Negotiations

6.   The grade reconfiguration of the Saltonstall School and the Bowditch School shall be governed by Article VI, Section V of the collective Bargaining Agreement.

7. The Collins Middle School schedule and the issue of "Common Planning" time at the Middle and Elementary schools shall be referred to a joint committee of teachers and administrator for review and recommendations to be submitted to the Union and the District

8.  All retroactive pay increases due under 2006-2007 and the 2007-2010 Collective Bargaining Agreements shall not be payable until after July 1, 2008, but not later than July 31, 2008. Increases in base rates will be payable prospectively.

9.  If any municipal or school bargaining unit receives during the FY2008-FY2010 contract period a salary or health insurance increase in excess of the salary and health insurance benefit provided in this Agreement, then this Memorandum of Agreement (and the resulting collective agreement) can be subject to re-opener negotiations at the request of the Union. In order to facilitate application of this provision, the City will provide the Union with contracts and related documents sufficient in information to allow the Union the opportunity to determine whether the conditions for implementing this re-opener procedure have occurred. The intention of this re-opening provision is to achieve inter-unit equity as to such subject matter.

SIDE LETTER

(Professional Improvement/Parent Conferences)

September 11, 1978

It is agreed and understood between the Salem School Committee and the Salem Teachers Union, Local 1258 AFL-CIO, American Federation of Teachers, that classes may be dismissed up to the equivalent of three (3) full school days per year in order to provide meaningful professional improvement for teachers or time for parent conferences.

LETTER OF UNDERSTANDING

Draft Reorganization Plan

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AFT, AFL-CIO

"TEACHERS"

With regard to any Draft Reorganization Plan:

Any committees are hereby dissolved and participants are thanked for their service.

The Transition Program and the Dropout Prevention Program will proceed.

The School Committee and the Union agree to embark on a joint venture with the stated objective to dramatically and effectively reorganize the Salem Public Schools. This venture includes, but is not limited to, academic, governance, and structural reform.

All aspects of the school system are subject to change during this bilateral undertaking.

LETTER OF UNDERSTANDING

JOB POOL

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AFT, AFL-CIO

"TEACHERS"

The parties understand that the employer may challenge the legality of the job pool. If the pool is found to be illegal, the parties agree to meet to negotiate successor language.

LETTER OF UNDERSTANDING

Health Insurance

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AFT, AFL-CIO

"TEACHERS"

WHEREAS, the Salem School Committee, hereinafter the "Committee" and the Salem Teachers Union, Local 1258, AFT, AFL-CIO, have entered into a Collective Bargaining Agreement for the Bargaining Unit commonly known as the TEACHERS Unit and

WHEREAS, Article IV, Section A sets forth:

"That the City of Salem shall provide at least 65% of the cost of the indemnity plan adopted by the City under Chapter 32B of the Massachusetts General Laws".

WHEREAS, the Committee and the Union wish to eliminate any misunderstanding as to the health insurance being offered by the employer and the rates of contribution being made thereto, it is

Therefore understood by the parties as follows:

1.   At the time of the execution of the 1991-1994 Agreement, the employer is offering Tufts Preferred Provider Insurance Plan (PPO) to which it contributes and during the term of the 1991-1994 contract shall continue to contribute sixty-five percent (65%) of the premium cost, with the employee contributing thirty-five percent (35%) thereto.

2.   At the time of the execution of the 1991-1994 Agreement, the employer is offering Tufts Exclusive Provider Option Insurance Plan (EPO/HMO) to which it is contributing ninety percent (90%) of the premium cost, with the employee contributing ten percent (10%) thereto. Effective with the first health insurance payroll deduction to be made in December 1993, for the coverage period commencing January 1994, the employer shall contribute eighty percent (80%) to the cost of the EPO/HMO, with the employee contributing twenty percent (20%) thereto.

3.   As concerning the employee payroll contribution to either health insurance plan, the employer, to the extent permitted by law, shall institute a pre-tax cafeteria plan in accordance with Section 125 of the Internal Revenue Code in order that the contribution to the health insurance premium cost by the employee will receive pre-tax treatment in accordance therewith.

Signed this fourth day of October, 1993.

For the Committee:

For the Union:

Andrew Lippman

Wayne Turner

Lonnie Brennan

Marie Barry

Thomas H. Furey

Patricia Massey

Deborah Jackson

Joyce McCarthy

Suzanne Krol

Enid Mirkin

Carl E. Petersen

Ralph Natola

Mayor Neil Harrington

Thomas Sadoski

AMENDMENT TO THE AGREEMENTS

BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION

LOCAL 1258

AMERICAN FEDERATION OF TEACHERS

MFT, AFT, AFL-CIO

"TEACHERS"

"CHAPTER I"

"PARAPROFESSIONAL UNIT"

(Saltonstall School)

WHEREAS, the Salem School Committee, hereinafter referred to as the "Committee" and the Salem Teachers Union hereinafter referred to as the "Union" have entered into Collective Bargaining Agreements for the period September 1, 1994, to and through August 31, 1997, for the Bargaining Units commonly known as the "Teachers Unit," "Chapter I Unit," and "Paraprofessional Unit" and

WHEREAS, as part of the settlement Agreements resulting in the September 1, 1994 through August 31, 1997 Agreements, the Committee and the Union agreed to commence negotiations as to the mandatory subjects of bargaining, including transfers as concerning the "Saltonstall School" and

WHEREAS, the Committee and the Union have commenced such negotiations and

WHEREAS, as a result thereof, an interim Agreement concerning a number of issues, but not all issues, have been reached and

WHEREAS, Massachusetts General Laws Chapter 150E, Section 7 requires that such Agreements be reduced to writing, it is

Therefore agreed as follows:

1.      Applications for teaching positions, including Chapter I, shall be accepted until May 1, 1995.

2.      Successful applicants for positions shall have the opportunity to withdraw their candidacy and/or to withdraw their acceptance of a position until June 9, 1995.

3.   Two screening committees shall be established to consider the applications for positions and to make recommendations of successful applicants to the Principal. Each committee shall consist of:

a.   One Salem State College participant;

b.   An equal number of parents and Union Representatives, not to exceed four from either group;

c.   The elementary curriculum coordinator;

d.   In addition, the Principal, at her option, may actively participate in the screening-committee interview process.

The provisions of this paragraph shall be effective only as to the initial staffing of the Saltonstall School and shall expire on August 31, 1995.

4.     The Principal shall observe each applicant for a teaching position, providing the applicant is a current teacher of the Salem Schools. Such observation shall be one in number, and shall be scheduled by mutual agreement between the Principal and the applicant. Said observation/evaluation shall not be utilized for any other purpose.

5.     Upon occupancy of the physical structure, the workday shall be one hour longer in length than the other elementary schools' workday.

6.      Effective September 1995, the work year shall consist of two hundred (200) days and shall be as set forth on page 11 of the document entitled "Philosophies and Programs Present in the New School at the Saltonstall dated 5/9/95," a copy of said page being attached hereto.

7.      Effective with the occupancy of the physical structure, in addition to the "Preparation" time provided Elementary teachers under Article VI, Section E (at least 125 minutes per week), teachers shall receive 120 minutes per week "common planning time" for staff interaction. Such time shall be scheduled by the Administration.

8.      Specialty teachers may volunteer to work during the intersession periods of the school-year schedule. Such specialty teachers, who do so work, may elect between being compensated at the "Hourly Rate of Pay" as set forth in Article III, Section D, of the Collective Bargaining Agreement or by receiving compensatory time off to be granted on the day that "common planning time" of regular classroom teachers is scheduled.

9.       Regular classroom teachers who volunteer to work and do work during the inter-session periods shall be compensated at the "Hourly Rate of Pay" as set forth in Article III, Section D, of the Collective Bargaining Agreement.

10.       Negotiations as to mandatory subjects of bargaining not covered by this Agreement shall continue following the execution of this Agreement.

11.     Teachers, including Chapter I, who are assigned to the Saltonstall School shall receive additional compensation, which shall be considered "regular" compensation, as follows:

a.    for School Year 1995-1996, a differential at the rate of fourteen per cent (14%) above the rate the teacher is entitled to pursuant to the salary schedule. In the event the physical structure is not occupied on January 8, 1996, the Committee and the Union shall meet to readjust the differential to reflect the date occupancy occurs.

b.    for the school year 1996-1997, and thereafter, the rate of differential shall be sixteen per cent (16%).

This Agreement entered into this fifth day of June 1995.

For the Committee:

Andrew Lippman

 

Thomas Miaskiewicz

 

Thomas H. Furey

 

Deborah Jackson

 

Suzanne Krol

 

Carl E. Petersen

 

Mayor Neil Harrington

 

For the Union

 

Wayne Turner

Patricia Desjardins

Dorothy Davidowicz

Suzanne Melin

Joyce McCarthy

Joan Raney

David McGrath

Irene Shaffaval

Enid Mirkin

Electa Rich

William Raymond

Joan Bush

Maria Soper

Joyce Harrington

William Triant

Marilyn Rose

Linda Viel

 

Philosophies and Programs Present in the New School at the Saltonstall

May 9,1995

The above is just an example. We are limited only by funds and imagination in developing our study of Salem, its history, importance, and its position as "home" to our students and their families.

Believing that teachers are life-long learners, we envision opportunities for staff training and development.

Year-Long Calendar

In addition to improving the amount and quality of time teachers spend with students, the calendar is designed to afford opportunities for planning and in-service training during the year.

Proposed Calendar

Dates

Term

Student Vacation

Sept. 7 - Oct. 22

7 weeks

1 week

Nov. 1 - Dec. 22

7 weeks

2 weeks

Jan. 3-Feb. 18

6 weeks

1 week

Feb. 28-April 15

7 weeks

1 week

April 25 - June 3

7 weeks

1 week

June 13 -July 21

6 weeks

6 weeks

working/learning days    190 days*

teachers work 202 days

*Some students may attend as many as 215 days.

Snow days shall be made up after the end of the regular July term.

The objectives of the calendar as it stands are to maximize learning time and minimize review time while allowing for better staff in-service opportunities (National Commission on Time and Learning, 1994). During each of the one-week vacation sessions for students, the first week would be used for intensive instruction for students in grades two through five who require the extra help. It is likely that very few teachers would be needed for these “intersessions". Teachers would teach during these sessions on a voluntary, rotating basis. All staff, including special area teachers, would be invited to teach during these times; none would be required to do so. They would be paid for the additional time they would be teaching.

This calendar would also provide excellent conditions for in-service training. Five days at a time for training and collegial planning can be very conducive to greater accomplishment, including team building. There are parallels to this program in the business world, such as retreats and other intensive training sessions. A traditional school calendar does not allow this kind of opportunity. Those one-week sessions can also be used for group and/or individual planning. The specific times at which these 10 days will be scheduled will be determined by the staff.

SIDE LETTER

Interim Committee and Chapter I/Title I Teachers

A.  The Committee and the Union agree that the "interim committee" relating to extracurricular payment and referred to in Article III, Section N, shall be reactivated following the execution of this Agreement.

B.        Pursuant to the agreed-to amendment of Article I, Section A, the Chapter I/Title I Teachers are accreted to the Teachers Unit. As such, said teachers shall receive all of the benefits of the Teachers Agreement effective immediately, excepting salary. As concerning salary, said teachers shall receive a three percent (3%) increase in salary and shall continue to advance upon the Chapter I Salary Schedule. As of September 1, 1998, said teachers shall be placed upon the teacher salary schedule within the appropriate Educational Lane, i.e., Bachelor Column, Masters Column, Master +15 Column, etc., but at the Step Level, without regard to years of experience, which would provide an increase in salary over that salary the teacher would have received had the teacher remained upon the Chapter I schedule, as adjusted by the general wage increase. As a result of such placement, the teacher and the Union waive any and all claims to previous years of experience for salary placement purposes and as a result thereof will progress upon the step levels on an annual basis.

MEMORANDUM OF AGREEMENT

BY AND BETWEEN

SALEM SCHOOL COMMITTEE

AND

SALEM TEACHERS UNION, LOCAL 1258

AMERICAN FEDERATION OF TEACHERS

AFL-CIO

CONTRACT SETTLEMENT

WHEREAS, the Salem School Committee, hereinafter the Committee, and the Salem Teachers Union, Local  1258, American Federation of Teachers, AFL-CIO, hereinafter the Union, have met for the purpose of negotiating a successor collective bargaining agreement for the bargaining unit commonly known as the Teacher's Unit and

WHEREAS, as a result of those meetings, the Committee and the Union have reached such an agreement and

WHEREAS, Massachusetts General Laws, Chapter 150E, Section 7 requires that such agreements be reduced to writing, it is

THEREFORE AGREED as follows:

I -        The Collective Bargaining Agreement entered into between the Committee and the Union for the period September 1, 2011 through August 31, 2014, is hereby incorporated herein with the following amendments:

A. Article III, entitled "Salary and Rates of Pay" is hereby amended by inserting a new Section I, entitled 'Differential for Extended Learning" as follows:

"Except for the Bentley School (Grades 3-5 for School Year 2014-2015 and Grades K-5 thereafter) and any other Horace Mann Charter School(s), teachers who work beyond the regular teacher work day for the purpose of providing extended learning time for students, shall be paid a differential based upon eight percent (8%) for one hour of work for one hundred eighty-five (185) days, pro-rated above or below said eight percent (8%) as the extended time represents. By this provision, it is not the intention of the Committee to apply for any additional Horace Mann Charter School(s). However, in the event that there is/are additional Horace Mann Charter School (s) other than Bentley, the rates of compensation of such schools shall be subject to negotiations between the parties"

B.  Article III, entitled "Salary and Rates of Pay" is hereby further amended by redesignating current Sections I through T as Sections J through U.

C. Article XV, entitled "Duration" is hereby amended by deleting the years "2011"; "2014"; "2013" and inserting in place thereof the years "2014"; "2015"; "2014".

D. Appendix A which reflects the Salary Schedule is hereby amended by deleting said Appendix and inserting in place thereof a new Appendix A, entitled "Salary Schedule" which will reflect the following;

"Effective September 1, 2014, an increase of two percent (2%) over the rates in effect as of August 31, 2014 and effective August 31, 2015, an additional one percent (1%) increase over the rates in effect as of August 30, 2015."

II - As a matter of Side Agreement and not as part of the Collective Bargaining Agreement, the Committee and the Salem Teachers Union will extend the Collective Bargaining Agreement in effect for the period September 1, 2011 through August 31, 2014. Said agreement shall be extended for the period necessary for each party to ratify this Agreement. This Agreement entered into this _______day of September 2014.

FOR THE COMMITTEE                                      FOR THE SALEM TEACHERS UNION

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