Scituate

Show detailed information about district and contract

DistrictScituate
Shared Contract District
Org Code2640000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersSouth Shore RVTSD
CountyPlymouth
ESE RegionSoutheast
Urban
Kind of Communityresidential suburbs
Number of Schools6
Enrollment3278
Percent Low Income Students6
Grade StartPK or K
Grade End12
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AGREEMENT

BETWEEN

THE SCITUATE

SCHOOL COMMITTEE

and

THE SCITUATE TEACHERS'

ASSOCIATION, INC.

September 1, 2008-August 31, 2011

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

SCITUATE SCHOOL COMMITTEE

AND

SCITUATE TEACHERS' ASSOCIATION, INC.

September 1, 2008 - August 31, 2011

Preamble

The undersigned leadership of the Scituate Public Schools and the Scituate Teachers Association is jointly committed to:

                Securing the superiority of the Scituate Public Schools in every phase of the organization through an ongoing process of delivering the highest quality instruction.

                Continuing harmonious relations through open communications and problem solving.

                Providing teachers with the compensation and conditions of employment as guaranteed by this collective bargaining agreement.

The parties agree that a continuous commitment to every student of this community and attention to the needs of its educators and related constituencies are keys to our success and a source of pride and motivation. We jointly commit to pursue the implementation of a jointly developed quality strategy.

ARTICLE I

Recognition

1.      For the purposes of collective bargaining on questions of wages, hours, and conditions of employment contained in this agreement, the Scituate School Committee (hereinafter the "Committee") recognizes the Scituate Teachers' Association, Inc., (hereinafter the "Association") affiliated with PCEA, MTA, NEA, as the exclusive representative of the full-time and part-time professional employees of the Committee; classroom teachers (which term includes art, music, driver education, curriculum leaders and physical education), speech & language pathologists, remedial reading, remedial education, special education, extracurricular activities and Summer School and school librarians, guidance counselors, department chairpersons, school psychologist, occupational therapist, school nurses, school social worker, pre-kindergarten teacher and coaches, but excluding substitute teachers and all other employees of the school department.

2.            The professional employees represented by the Association as aforesaid are the members of the professional staff covered by this agreement and shall be hereinafter referred to as "teachers" and "school nurses".

3.            Unless another employee organization shall be designated as the exclusive representative of the teachers, the Committee agrees, that so long as this Agreement continues in effect, it will not recognize any organization other than the Association and its affiliates as the representative of the teachers for the purposes specified in Section 1.

ARTICLE II

Grievance Procedure

A.     Definitions

1.            A grievance is defined as a complaint by any employee or employees covered by this Agreement that, as to the complainant, there has been a violation, misinterpretation, or inequitable application of any provision or provisions of this Agreement.

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

B.     Purpose

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

2.            Nothing herein contained shall be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and to have the grievance adjusted on such a basis without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement. At the option of the teacher, the Association shall be given the opportunity to be present at the final adjustment and to state its view. It is understood that only by the procedure spelled out in Section C below may a party proceed to Level Four Arbitration.

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

In the event a grievance is filed on or after June 2nd, if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, the time limits set forth herein shall be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as practicable.

1.            LEVEL ONE - A teacher with a grievance shall first discuss it with his/her principal or immediate supervisor within fourteen (14) days of the events which gave rise to the grievance or the grievant's first knowledge thereof in an effort to informally resolve the matter. The aggrieved teacher may have a member of the Association's Professional Rights and Responsibilities Committee, the " P.R. & R. Committee", with him/her during the discussion.

2.            LEVEL TWO - If not disposed of to the teacher's satisfaction at Level One, a written statement of the grievance shall be presented to the Superintendent of Schools within fourteen (14) days following the Level One meeting. There shall be a meeting within seven days with the Superintendent, the grievant, and a representative of the P.R. & R. Committee. The Superintendent will issue a decision and the reasons therefore, in writing, within seven days of the meeting, provided that the School Committee will not be limited to said reasons if the grievance is advanced to arbitration.

3.            LEVEL THREE - If the grievance is not disposed of to the grievant's satisfaction, me grievant and/or the Association will have fourteen (14) days in which to decide whether or not to proceed to Level III School Committee meeting.

Every grievance advanced to Level HI will be heard, unless within the same 14-day period, the Association and the Superintendent mutually agree in writing to waive a meeting at Level III.

If the Association so requests, the grievance will be placed on the next School Committee agenda and the Committee will have fourteen (14) days thereafter to respond.

If no meeting occurs at Level III, the Association may advance the grievance to Level IV by filing a "Demand Arbitration" with the Committee and the American Arbitration Association within fourteen (14) days.

While the "Demand for Arbitration" is pending, the Association or the Committee may request that the parties participate in the "Grievance Mediation Service" offered by the Board of Conciliation and Arbitration. If both parties agree, the requesting party will take responsibility for contacting the Board and setting up mediation.

4.      LEVEL FOUR - If, following the meeting with the Committee, the grievance has not been disposed of to the satisfaction of the P.R.&R. Committee of the Association and if the grievance shall involve the interpretation or application of any provision of this Agreement, the Association, by giving written notice to the Committee within fourteen (14) days, may present the grievance for arbitration. Within fourteen (14) days after receipt of the submission to arbitration, the Committee and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association by either party from which an arbitrator shall be selected. The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an arbitrator and the arbitrator shall proceed under such rules.

The arbitrator so selected shall confer with representatives of the Committee and the P.R. & R. Committee and hold hearings (which by agreement of both parties may be public but shall otherwise be closed) promptly, and he/she shall issue his/Tier decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and briefs were submitted to him/her. The arbitrator's decision shall be in writing and shall set forth his/her findings of fact, reasoning, and conclusions on the issues submitted. The arbitrator shall be without power or authority to make any decision that requires the commission of an act prohibited by law or that violates or would add to, detract from, or modify the terms of this Agreement. The decision of the arbitrator shall be submitted to the Committee and to the Association and, subject to law and the limits of his/her jurisdiction, shall be final and binding, provided that the arbitrator shall not usurp the functions of the Committee or the proper exercise of its judgment and discretion under law and this Agreement.

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

D.     Rights of Teachers to Representation

1.            No reprisals of any kind shall be taken by the Committee, by any member of the administration, or by the Association against any party in interest, any school representative, any member of the P.R. & R. Committee, or any other participant in the grievance procedure by reason of such participation.

2.            Any party in interest may be represented at all stages of the grievance procedure by a person of his/her own choosing, except that he/she may not be represented by a representative or any officer of any teacher organization other than the Scituate Teachers' Association, Inc., Massachusetts Teachers' Association, or National Education Association. Whether or not a teacher elects to be represented by the Association (which shall include any of the aforementioned associations), the Association shall have a representative present at all stages of the grievance procedure beyond Level One and shall have the right to state its views at all stages, including Level One.

E.      Miscellaneous

1.            If a grievance affects a group or class of teachers and its resolution is beyond the authority of the principal or immediate supervisor it shall be presented at Level II within fourteen (14) days of the occurrence of the grievance.

2.            Decisions rendered at Levels Two and Three of the grievance procedure shall be in writing, shall set forth the decision and the reasons therefore, and shall be transmitted promptly to all parties in interest, the Chairperson of the P.R. & R. Committee, and the Committee.

3.            Unless requested to do otherwise by the aggrieved person, any documents, communications and records dealing with the processing of a grievance shall be kept in strictest confidence and, except as may be otherwise required under applicable law, shall not be made available to potential employers or others inquiring about such person.

4.            A form for processing grievances shall be jointly prepared by the Superintendent and the Association and given appropriate distribution to facilitate operation of the grievance procedure.

5.            Time for meetings to discuss grievances shall be scheduled outside of the school day unless, in the judgment of the Principal or Supervisor at Level One, the Superintendent at Level Two, or the Committee at Level Three, a meeting during the school day is desirable to facilitate the introduction of appropriate information. Attendance by teachers and Association representatives at grievance meetings held during the school day shall constitute authorized absence without loss of pay.

6.            All grievances shall be processed within the provisions of the Agreement in effect when the grievance first arose.

7.            All time limits set forth in this Article may be extended by a written agreement between the Superintendent and the President of the Association.

ARTICLE III

Salary Schedules

The salary schedules set forth in Appendix A through D hereof shall apply to the teachers covered by this Agreement as identified on each schedule.

ARTICLE IV

Application of Salary Schedules

1.      Upon initial employment a teacher may be placed on the salary schedule at a step based on credit for previous employment as follows:

1.1        One year of credit for each year of full-time public school teaching employment in the subject area for which he/she has been hired.

1.2        One year of credit for each year of military service or each year of teaching service in the Federal Action programs, such as the Peace Corps or Vista, up to a maximum of two years for each such service, providing that additional years of credit may be given for additional years of military service upon the recommendation of the Superintendent that the military service involved experience substantially equivalent to teaching experience. To be eligible for credit, prior employment, military or Federal Action programs service must have been performed after the teacher earned a Bachelor's Degree from an institution accredited as provided in Section 5 below.

1.3        Credit for prior teaching employment in other than public schools may be given at the discretion of the Superintendent.

1.4        Credit for prior employment shall be computed on the basis that employment continuing over six months or more in any one calendar year or five months or more in any one academic year, as the case may be, shall be deemed one year of employment, but this computation shall not apply to more than one such calendar or academic year of prior employment offered by a newly employed teacher for credit.

1.5        A position on the salary schedule shall be granted only upon presentation of a transcript of the degree and/or graduate credits from a college or university accredited by one of the regional accreditation associations.

1.6        A part-time teacher shall receive that portion on the salary schedule which is applicable and based on the number of hours served by an elementary teacher or the number of periods served by a secondary teacher.

2.            Salaries shall be paid in twenty-six (26) installments in arrears on every other Friday commencing with the second Friday after Labor Day in each year. Salary checks shall be dispersed in individually sealed envelopes. The present pay system shall remain in effect unless the Association notifies the Committee in writing by July 1 of its desire to change to a twenty-one (21) payment system for the following school year.

3.            Teachers not at the maximum step on their applicable schedules shall normally advance one (1) annual increment for each year of full-time employment, five months (5) or more of full-time employment in a school year being considered employment for such year. The Superintendent of Schools may withhold an annual increment in case of service below a satisfactory level.

4.            Acceptance of credits for courses previously taken may be withheld when, in the opinion of the Superintendent, they do not meet desired standards.

4.1        All credits for courses to be taken must be approved in advance by the Superintendent if credit for them is to apply.

4.2        After a course has been approved by the Superintendent, a transcript of the mark for it must be submitted to him/her within one year, or the course approval shall no longer be in effect.

4.3        The Superintendent may approve in-service programs for applicable credit. The credit will be granted at the rate of one (1) credit for ten (10) hours.

5.      In determining the schedule to apply to a teacher upon initial employment or upon transfer of a teacher to a schedule applicable to persons of higher academic qualifications, the Superintendent of Schools shall accept a bachelor's or master's degree earned from an institution accredited by an association that is a member of the Federation of Regional Accrediting Commissions of Higher Education or by the National Council for Teacher Education.

6.            Extracurricular activities are not subject to any provision of this Agreement, except for the Schedule of Stipends.

7.            Course credits to be applied for salary purposes to be effective September 1 must be received prior to October 1. Course credits to be applied for salary purposes to be effective March 1 must be received prior to March 1.

8.            Unless a teacher notifies the Superintendent to the contrary within two weeks, after receipt by a teacher of his/her contract and memorandum explaining the salary schedule, it shall be assumed that the step, salary, and accrued earned credits are correct.

9.            The School Committee will reimburse each teacher for the $100 relicensing fee paid by that teacher to the Massachusetts Department of Education for the teacher's first license renewal in his/her primary area of licensure.

10.    In the event a teacher is approved for placement on the master's degree schedule in accordance with §5 (above), and if the master's degree program includes greater than thirty-six (36) credits, all credits beyond thirty-six (36) credits shall be applied to future horizontal movement on the salary schedule.

ARTICLE V

Teaching Hours

1.               The Committee determines, subject to law and applicable regulation of superior authority, the length of the school day and the number of days in the school year. The school day for a given school is the period beginning at the time by which pupils must be present and ending at the time of general pupil dismissal. In the case of the schools operating on a school day divided into two sessions, the school day shall not include the interval between the end of the first session and the beginning of the second. Prior to the establishment of the beginning and ending times for each school in the system, the Association shall be consulted.

2.               The starting and dismissal times for students shall be established by the Committee provided, however, that the length of the teacher's work day shall not be increased except for cause. Teachers must report to their school buildings twenty (20) minutes (15 minutes for Grades 9-12) before the students' starting times and may leave thirty (30) minutes after the students' dismissal times. In addition to the basic work day, teachers may be required to remain or return after the basic work day on not more than four (4) days per month for staff meetings, conferences, curriculum meetings, or similar purposes. Such meetings are not to exceed one (1) hour in duration and, under normal circumstances, shall be scheduled at least forty-eight (48) hours in advance.

3.               Elementary teachers shall not be required to remain the thirty (30) minutes after school on Fridays.

4.               The Committee agrees that in the event that a change in the currently established hours becomes necessary or desirable in the best interest of the students the effects of said change(s) on working conditions and/or hours other than those provided for in this section will be impact bargained with the Association. The impact of schedule changes at the secondary level (defined for the purposes of this article as the Gates Intermediate School and the High School) will be impact bargained with the Association beginning in October of the year prior to which implementation of the change is to be effective. The number of course sections which a secondary teacher is assigned will not increase as a result of a change in scheduling format. The Association agrees that "directed study" as defined by The Massachusetts Department of Education Time and Learning Requirements shall be defined as an assigned duty and not as an additional course.

5.        The Committee and the Association agree that the thirty (30) minutes per day which all teachers are required to stay after the end of the students' day may be aggregated to a weekly total of a maximum of two (2) hours. This time may only be reallocated by the teachers involved with the approval of the building principal for such purposes as grade level meetings, common teacher planning time, the establishment of regular, well-publicized office hours and other productive uses.

6.        A teacher in a school operating on a single-session basis, whose basic work day is five and one half (5 1/2) hours or more, shall be scheduled to have a duty-free lunch each day of at least thirty (30) minutes at the elementary and twenty (20) minutes at the secondary level.

7.        The work year of teachers (other than teachers new to the Scituate Public Schools) shall begin no earlier than the Tuesday immediately preceding Labor Day, terminate no later than June 30 and shall in no event be longer than one hundred eighty four (184) days. In the event the work year begins during the week before Labor Day, no work will be scheduled on the Friday immediately preceding Labor Day and students will report no earlier than the Tuesday immediately following Labor Day. The work year shall include days when pupils are in attendance, orientation days at the beginning of the school year, in-service meeting days prior to the final day of pupil attendance, and any other days on which teacher attendance is required. The final day of the work year shall be a full workday involving a half day of student attendance and a half day for teachers to attend to finalizing school year responsibilities. Days on which teacher attendance is not required, because of inclement weather, shall not be included in computing the work year of the teachers.

8.               In cases of (a) shortage of personnel because of absence, (b) unavailability of facilities, or (c) other emergency, the requirements of Sections 2, 3 and 4 shall not apply to the extent and for the period necessary to maintain the scheduled educational program of the Scituate Public Schools.

9.               The parties agree that the instructional responsibilities of teachers and department chairpersons include preparing teaching materials, giving help to individual pupils, and conferring with parents, principals and other administrators, and that these responsibilities should, to the greatest extent possible, be fulfilled outside of the school day or, in the case of teachers and department chairpersons not regularly assigned to continuous teaching duties, outside of scheduled teaching periods.

10.1    Teachers assigned to subject matter courses shall have at least one (1) period, or its equivalent, free each day from scheduled supervisory or teaching duties. Providing that the level of specialist staffing (i.e. art, music, physical education and library) does not fall below the number of positions funded during the 2007-08 school year, elementary classroom teachers will be provided with a daily preparation period of no less than thirty (30) minutes. The Committee will reimburse teachers for any day when the teacher(s) is not provided with a preparation period in order to perform a previously scheduled duty, e.g., recess, cafeteria, etc." The rate of reimbursement will be the existing summer school rate, per contract year, as found in Appendix C of the Agreement.

10.2       Given the difficulty in scheduling 30 minute daily preparation time for specialists, they will have no less than 150 minutes of preparation time per week which will be scheduled in 30 minute blocks whenever possible. In the event that a specialist has a problem with the scheduling of his/her preparation time, a meeting among the specialist involved, the principal, the Department Chair or Director and a representative of the Scituate Teachers' Association will be held within two weeks. They will identify the problem and seek a resolution within two weeks of their meeting if possible. If they are unable to resolve the problem, the matter will be referred to a committee consisting of a different elementary principal, a designee of the School Committee and a designee of the Association. This committee will have an additional two weeks to attempt to solve the problem, if it is unable to do so, its finding will be final and binding insofar as this Agreement is concerned.

10.3       Every reasonable attempt will be made to secure a substitute teacher from the first day of the regularly assigned teacher's absence.

The Committee will reimburse teachers whenever the teacher(s) loses a preparation period due to the lack of a substitute. The rate of reimbursement will be the existing summer school rate, per contract year, as found in Appendix C of the Agreement.

Payment will be made in December and June provided, however, that the teacher and the principal certify the number of lost preparation periods by the end of December and June for payment at the appropriate times and provided that a current record of same is available at all times in the office of the principal.

In addition, secondary faculty may volunteer for one period per day for student assignment, when a colleague is absent and no substitute is available. The secondary principal will notify faculty when a substitute is not available. Volunteers will be accepted and payment will be at the existing summer school rate, per contract year, as found in Appendix C of the Agreement.

11.           Participation by teachers in extracurricular activities sponsored by the Scituate Schools and attendance by teachers at meetings and conferences related to school matters are considered necessary for the promotion of good public education in Scituate. Teachers may be required to attend not more than four evening meetings each school year. Participation or attendance by any teacher in any activity or at any meeting other than as may be specifically required hereunder shall be at his/her option in the exercise of his/her professional judgment.

12.           All personnel covered under the collective bargaining agreement in the recognition clause, Article I, paragraph 1, except Department Chairpersons, who are required to work beyond the school year by the Superintendent or his/her designee shall be paid at the summer school rate. It is understood, however, that the work year for secondary guidance counselors shall include five (5) workdays immediately preceding the commencement of the regular teacher work year and three (3)work days immediately following the close of the regular teacher work year with compensation provided at the individual guidance counselor's per diem rate of pay.

13.      During the school year, lunchroom duty shall be equitably rotated among all members of the teaching staff to the extent educationally desirable and administratively feasible. Elementary teachers will not be required to perform cafeteria duty except in circumstances beyond the Committee's control. Teachers who are assigned to more than one school on a given day will be assigned no non-teaching duties on said day.

14.      The Committee and the Association acknowledge that a teacher's primary responsibility is to teach, and that his/her energies should, to the extent possible, be used to this end. Therefore, they agree that teachers shall not be required to collect money from students, for non-educational purposes, and when required to collect and transmit money for educational purposes, they shall not be required to tabulate and account for such money. Teachers shall not be required to keep registers and office record cards or to transport students. The Committee will consider and adopt a policy on the voluntary transporting of students by teachers.

15.      Department Chairpersons

Tier / Subject                                                                                Grades

Tier I:

English and Reading                                                                     K - 12

Mathematics                                                                                 K-12

Science and Technology Education                                              K-12

Tier II:

History & Social Sciences                                                            K-12

Fine Arts                                                                                      K-12

Guidance, Testing and Career Services                                        K-12

Foreign Language and E.S.L.                                                        K-12

Physical Ed., Health Ed., Business Ed. and                                  K-12

Family and Consumer Science

A.       All Department Chairs will coordinate their respective curriculums K-12.

B.       All Department Chairs will coordinate the delivery of their respective curriculums K-12.

C.       The Superintendent will issue specific curriculum goals and initiatives concerning the time frame and of how and when these new responsibilities will be implemented.

D.       The Superintendent may request a year-long curriculum evaluation as part of the regularly assigned duties of the Department Chairs.

E.       In a seven-period school day, Department Chairs will be assigned one (1) teaching period (Tier One Department Chairpersons) or two (2) teaching periods (Tier Two Department Chairpersons). The Department Chairperson for Guidance will have a daily assignment that will be divided evenly between counseling and supervision and will include one (1) unassigned period.

F.        The workday of Department Chairs shall be the same length as the teacher workday. However, it is understood that the particular work hours on a given day may vary as the responsibilities of the position demand.

G.       Department Chairs will be a resource and consultant to principals and teachers.

H.       Department Chairs will be responsible for evaluations at the Middle and High School.

I.        Elementary principals may rely upon consultation from Department Chairs in preparing evaluation reports for personnel whose performance the principal has previously identified as being in need of improvement.

J.        The school or schools in which Department Chairpersons teach shall be decided by the Superintendent of Schools.

K.       The work year of Department Chairpersons shall be two hundred fourteen (214) workdays.

L.       The degree of involvement of the Department Chairpersons of English, Mathematics, Science, History and Foreign Languages at the secondary level in the evaluation process shall be decided by the principal of the school. This flexibility will allow said Department Chairpersons additional time to work with teachers who do not have "professional teacher status", teachers with new assignments and the remediation of teachers.

M.      Placement of a Department Chairperson in either Tier I or Tier II shall be made annually based upon the following criteria:

1.               MCAS accountability

2.               Responsibility for multiple departments and/or curriculum disciplines

3.               Supervises up to 12 staff

4.               Supervises 20 or more staff (Counts as having met two criteria).

A Department Chairperson who meets 3 or 4 of the criteria (above) shall be placed on Tier I. A Department Chairperson who meets 1 or 2 of the criteria shall be placed on Tier II.

16.      The Committee and the Association agree to work jointly and cooperatively to secure a grant from the Department of Education to conduct an extended learning time pilot school program in the Scituate Public Schools.

ARTICLE VI

Staffing

1.               The Committee shall employ teachers in ratios of at least forty (40) elementary classroom teachers for each one thousand (1,000) pupils enrolled in the elementary grades and forty-five (45) secondary classroom teachers for each one thousand (1,000) pupils enrolled in the secondary grades (6 - 12), and it shall use its best efforts to keep such numbers of teachers employed in the system throughout the school year.

2.               Specialists and Special Programs: The Committee and the Association recognize the fact that teachers of special subjects and professional support personnel are essential to the operation of an effective educational program.

ARTICLE VII

Teacher Programs, Assignments, Transfers, Vacancies & Promotions

1.               All teachers shall be notified in writing of their programs for the next school year, including the schools to which they will be assigned, the grades and/or subjects they will teach, and any special or unusual classes they will have, as soon as practicable and, under normal circumstances, not later than June 15, provided that, in the event of a change in circumstances between then and the beginning of the next school year, such programs may be changed as required to meet the situation. When a new program differs from the original, each affected teacher shall be notified in writing, but such notice need not include any schedule of subject matter or class meetings.

2.              In order to assure that pupils are taught by teachers working within their areas of competence, teachers shall not be assigned, except temporarily and for cause, to subjects and/or grades or other classes outside the scope of their teaching licenses and/or major or minor fields of study.

3.               In arranging schedules for teachers who are assigned to more than one (1) school, an effort will be made to limit the amount of inter-school travel. Such teachers shall be notified of any changes in their schedules as soon as practicable. Teachers who are assigned to more than one (1) school in any one (1) school day shall be reimbursed at the mileage rate established by the town for all inter-school driving.

4.               All assignments and transfers shall be made without regard to sex, race, color, or creed of the teacher or to his or her marital status.

5.               For the purposes of this article the following definitions hold. At the elementary level "reassignment" is a change in grade levels within a building. At the secondary level "reassignment" is a change in grade level within the same subject/discipline within the same building.   All other changes including changes in program area are "transfers". Reassignments are made by the building principal and need not be posted.

6.       In transferring a teacher from one grade, subject assignment, or school to another, the wishes of that teacher shall be honored to the extent that they are compatible with his/her qualifications, instructional requirements, and the recommendations of the principal or principals involved and do not conflict with the best interests of the Scituate Public Schools and the community. A list of currently open positions in the system shall be made available to any teachers making written request for transfer and, all other factors being substantially equal, preference shall be given, in filling such positions, on the basis of the length of the applicant's service in Scituate. All applicants currently employed in a position included in the bargaining unit will be given an interview for any vacancy for which they apply or request transfer provided that they hold a valid teaching license for the position.

7.               A teacher who desires a transfer shall file a written request with the Superintendent by April 1. This does not preclude teachers from applying for any subsequently posted vacancy. If a vacancy occurs, a teacher desiring transfer to it shall submit his/her written request within ten (10) school days after posting of the open position. The request shall include the school, grade, and/or subject to which the teacher desires to be assigned. As soon as practicable and, under normal circumstances, not later than June 1, the Superintendent shall notify in writing each teacher who has filed a transfer request of the action taken on his/her request. All transfers will be effective on the date listed in the letter of appointment or the notice of transfer.

8.               When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Scituate Public Schools shall be considered, together with instructional requirements and other factors affecting the best interests of the system in determining which teacher is to be transferred. An involuntary transfer shall be made only after a meeting between the teacher involved and the Superintendent or his/her designee, at which time the teacher shall be notified of the reasons for the transfer. In the event that a teacher objects to the transfer at this meeting, the teacher may request that the Superintendent or his/her designee meet with the teacher and a representative of the Association to discuss the matter. All transfers will be effective on the date listed in the letter of appointment or the notice of transfer.

9.              A teacher who desires reassignment shall notify the building principal in writing on or before March 1. As soon as practicable and, under normal circumstances, not later than June 1, the building principal shall notify in writing each teacher who has filed a reassignment request of the action taken on his/her request.

10.      (a)         Teachers are welcome to apply for any vacancies which are posted for which they are qualified.

(b)                  All permanent openings shall be posted for ten days. Each posting will set forth minimum and preferred qualifications and the deadline for application.

(c)                   Copies of all postings will be sent to the STA President and will be posted on a bulletin board to be designated by each school principal and at the Superintendent's Office.

(d)         During July and August copies of all postings shall be mailed to the President of the Association and to any teacher who leaves a self-addressed stamped envelope with the Superintendent of Schools.

(e)         All coaching positions will be posted prior to June 1 for ten (10) days. If positions open after June 1, such positions will be posted ten (10) days unless the position must be filled immediately.

11.     Whenever any vacancy in a professional position above the rank of a classroom teacher occurs, it will be posted by the Superintendent in accordance with the procedures set forth in section 11 of this article. All in-house qualified and licensed applicants for such position will be interviewed. Any committee appointed to conduct interviews for a position above that of classroom teacher will include a teacher designated by the Scituate Teachers Association. All teachers will be eligible for such designation.

12.     The Committee will provide the Association the opportunity to review any existing or new job descriptions. Copies of all job descriptions/postings shall be maintained in a file by the Superintendent and shall be available for review.

The Association recognizes the right of the Committee to develop complete job descriptions and to publish these descriptions in a teacher handbook, job postings, or other appropriate places. In the event that a change in an existing job description impacts upon the terms and conditions of employment of the bargaining unit, the Committee agrees to abide by the requirements of Chapter 150E of the General Laws.

13.      The Association will be provided with an opportunity to meet with the School Committee or its designees prior to the opening of any new school or the change of grade configurations in any existing or new school in order to make the administration and school committee aware of any concerns that the Association may have regarding any proposed changes. Said opportunity will be provided before any decisions have been finalized.

ARTICLE VIII

Teacher Evaluation

1.                     All observations of the work performance of a teacher shall be conducted openly with full knowledge of the teacher. A teacher shall be given a copy of any observation report prepared by an evaluator, as well as, summary evaluation reports which will be signed by the principal, or in the case of personnel who do not report to a principal, the summary evaluation report will be signed by an administrator designated by the Superintendent.

2.                     A teacher shall have the right, upon request, to review the contents of his/her personnel file and shall be entitled to have a representative of the Association accompany him/her during such review.

No material derogatory of a teacher's conduct, service, character, or personality shall be placed in his/her personnel file until the teacher has had the opportunity to review such material and affix his/her signature to the copy to be filed. Such signature in no way indicates agreement with the contents thereof. The teacher also shall have the right to submit a written answer to such material, and his/her answer shall be reviewed and signed by the Superintendent and attached to the file copy.

3.                     No teacher shall be disciplined, reprimanded, or reduced in rank or compensation without just cause.

4.                     The evaluation instrument and procedure shall be distributed to each teacher prior to any evaluation of that teacher. There will be a pre-conference, observation, summary evaluation and post-conference. A consistent uniform procedure will be followed for all members of the bargaining unit. An ongoing committee shall review and make recommendations to the Superintendent, who shall have the final decision on the evaluation instrument and procedure to be used.

5.           The evaluation instrument and procedure for teachers (see Appendix H) and coaches (see Appendix I) are attached hereto.

ARTICLE IX

Positions in Summer School, Evening School and Under Federal Programs

1.                     Notice of all openings for Summer School and Evening School positions and positions under federal programs shall be given by posting a notice thereof on a bulletin board in each school as early as possible; not later than March 1 as to Summer School positions that have then been determined and not later than June 1 for Evening School positions that have then been determined.

2.                     In filling Summer and Evening School positions and federal program positions, consideration shall be given to an applicant's area of competence, major and/or minor field of study, quality of teaching performance, attendance record, previous experience in the school or program in question and length of service in the Scituate Public Schools. When other factors are substantially equal, preference in appointment will be given to teachers within the Scituate Public Schools.

ARTICLE X

Association Rights

1.                    The Association shall have the right to use school facilities when school is not in session provided that said use does not interfere with school sponsored activities and that said use has been approved in advance by the Superintendent or a designee. Said use will be without charge unless the Superintendent or designee determines that said use requires special custodial services in which case, the Association will bear the cost for said custodial services.

2.                    The Association's representatives will be entitled to conduct Association business in faculty rooms and in other areas of the school buildings as may from time to time be designated by the building principal for said business provided that it does not interfere with school operations.

Whenever any Association representative other than school department employees enters a school building, he/she shall report to the principal's office.

3.                    The Committee agrees to permit the Association to use school equipment for any purpose provided that said use does not interfere with normal school operations and has been approved in advance by the building principal. Any unusual cost associated with such use will be borne by the Association.

4.                    The Association may use one bulletin board, designated for that purpose, in each school for the purpose of displaying notices, circulars, and other Association material. Copies of all such material shall be given to the building principal, but his/her advance approval shall not be required. The Association agrees that it will not post, or permit to be posted, any material derogatory of the Administration, the Committee, any member thereof, or the Scituate Public Schools.

5.                    The Committee agrees to furnish the Association, within ten days of its request, all available information under its control in the form in which it is maintained by the Committee to the extent that such information is a public record or the Association is otherwise entitled to it.

6.                    The Association President shall be released from all non-teaching duties during his or her term of office and will be granted up to 10 release days per school year with the prior approval of the Superintendent.

7.                    The president of the Association shall provide the Superintendent and the principal of any school building which the Association wishes to use a list of all Association activities to be held in said building and the name of the Association representative who will be in charge.

8.                    At least once per school year, the Association will provide the Superintendent and all principals with a list of the names of the officers of the Association, building representatives and all committee members.

9.                    The Association shall be provided with copies of minutes of official Committee meetings and all other materials that are distributed to the public at official meetings as soon as possible after such meetings. A copy of the official agenda of the meeting and any attached documents shall be given to the Association President prior to said meeting.

ARTICLE XI

Sick Leave and Personal Leave

1.                     All teachers shall be credited with fifteen (15) days sick leave on September 1 of each school year. Such leave shall be with full pay.

2.                     All sick leave not used in the school year in which it was granted shall be accumulated up to a maximum of one hundred and eighty (180) days.

3.                     Sick leave will be granted for personal illness or accident. No doctor's certificate shall be required for any absence of not more than five (5) consecutive school days on account of illness or accident. A doctor's certificate indicating the nature and continuance of the disability may be required beyond the sixth consecutive school day. Such certificate of fitness for service may be required as a condition of return to service.

4.                     Two (2) days per year will be granted as personal leave for the purpose of transacting or attending to personal, legal, business, household, or family matters which require absence during school hours and are matters of hardship or other pressing need and not merely personal convenience. Except in the case of emergencies, notice of such leave shall be given to the principal at least twenty-four (24) hours in advance before taking such leave. The applicant for such leave need not state the reason for taking such leave other than that he/she is taking it under this paragraph.

These personal days are to be deducted from the accumulated sick leave. Days taken for personal leave beyond two (2) days per year shall result in a deduction of one two-hundredth (1/200) of the teacher's salary for each such day.

5.                     All teachers shall be notified in writing by October 1 of their accrued or accumulated sick leave days.

6.                     A sick leave bank shall be established for members of the bargaining unit. The bank shall be administered by two members appointed by the School Committee and two members appointed by the Association who shall establish the bank's policies. Membership in the bank shall be voluntary and all days not used shall lapse at the end of the contract year. It shall be assumed that each teacher will automatically donate one day per year to the Sick Leave Bank unless the teacher notifies the Superintendent to the contrary in writing by October 1 of each school year.

7.                     A teacher will be allowed up to three (3) days leave for immediate family illness per year. After three (3) days, a written request must be submitted to the Superintendent of Schools for approval. All leave for immediate family illness shall be deducted from the teacher's accumulated sick leave.

8.                     Any sick days taken beyond the accumulated leave available shall result in a deduction of one two-hundredth (1/200) of the teacher's salary for each such day.

9.                     When an employee's service is terminated by retirement, resignation or death, he/she or, in the event of death, the estate shall be entitled to receive compensation for unused sick leave credit accumulated in excess of ninety (90) days at a rate of eight-five ($85) dollars per day. This provision requires that a teacher shall notify the Superintendent in writing on or before December 1 that he/she is resigning or retiring at the end of that school year or thereafter. The notification letter shall indicate a specific date of retirement or resignation. Compensation for sick leave credit shall be made to the teacher on the next regular payroll following the effective date of his/her retirement or resignation.

The Committee will develop a policy to ensure fair treatment of teachers with life-threatening illnesses.

ARTICLE XII

Temporary Leaves of Absence

1.          Teachers will be allowed temporary leaves of absence with full pay for the following reasons:

1.1         Bereavement: Up to five (5) days will be granted as bereavement each time there is a death of a teacher's spouse, child, parent or sibling, or of a person who is a member of the teacher's immediate household and in substance occupies a similar relationship to the teacher. Up to three (3) days will be granted as bereavement each time there is a death of a teacher's grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law. In the event of the death of a spouse's grandparent, aunt, uncle, niece or nephew, teachers will be granted one (1) day for the sole purpose of attending the funeral. At the discretion of the Superintendent and upon written application, additional temporary leave may be applied under this section.

1.2         Court Summons: Any teacher who is subpoenaed as a witness in a civil or criminal proceeding will be granted such day or days without loss of pay.

1.3         Military Leave: A maximum of ten (10) days per school year for persons called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the state or federal government.

1.4         Professional Days: Up to two (2) days per year of temporary leave, if available, will be granted for such leaves as the Superintendent may approve for the purpose of attending educational conventions, professional meetings, training institutes and for visiting schools and other activities having a demonstrable relationship to the improvement of professional skills and expertise.

1.5         Religious Days: Up to two (2) days per year of temporary leave, for observance of religious holy days will be applied for those whose religious beliefs require a full day's observance. Each teacher shall also be allowed additional days of leave if required for the observance of such days. Days taken beyond two (2) days per year will be deducted from the accumulated sick leave if available.

1.6         Paternity Leave: Up to five (5) days will be granted for purposes of paternity for fathers of a newborn or adopted child. Such days will be deducted from accumulated sick leave. Days taken beyond five (5) days per year will be subject to the approval of the Superintendent and will also be deducted from accumulated sick leave.

2.           Penalty: Any days taken beyond the limits of the above listed categories of temporary leave shall result in a deduction of one two-hundredth (1/200) of the teacher's salary for each day.

ARTICLE XIII

Extended Leaves of Absence

1.          All leaves granted under this Article shall be without pay except the leave provision in Section 1.3(a)

1.1         A leave of absence of up to one (1) year may be granted to any teacher with professional teacher status who joins the Peace Corps or serves as an exchange teacher or an overseas teacher, and is a full-time participant in any such program. Upon return from such leave, a teacher will be placed on the salary schedule at the level he/she would have achieved had he/she not been absent. A leave shall not be taken under this Section by a teacher more than once every ten (10) years. Applications for leave under this Section must be filed in writing with the Superintendent not later than the March 1 before the school year in which the proposed leave is to begin. The Superintendent shall promptly advise the applicant of his/her decision on the granting of such leave. A teacher on such leave shall notify the Superintendent in writing of his/her intention to return for the next school year not later than March 1, and a teacher who fails to give such notice by that date need not be returned to active employment until the second school year after such notice is given.

1.2                 Military leave may be granted to any teacher who is inducted, or is called or enlists after being notified to report for his/her pre-induction physical, in any branch of the armed forces of the United States. The period of such leave shall be the initial period of continuous service required by such induction. Upon return from such leave, such member will be placed on the salary schedule at the level he/she would have achieved had he/she not been absent.

1.3                 a.      Maternity leave for the purpose of giving birth or for adopting

a child as described in and as defined by M.G.L. Chapter 149, Section 105D, may be granted to a teacher for a period of eight (8) weeks if she has been employed for three (3) consecutive months and gives two (2) weeks notice prior to her departure date. Those who have accrued sick leave benefits may use these benefits under the same terms and conditions which apply to other temporary disabilities. The use of accrued sick leave benefits for adoption shall be limited to no more than eight (8) weeks.

b.      A teacher on maternity or paternity leave shall be permitted to return the 1st or 2nd September following the birth or adoption of the child. Such teacher shall notify the Superintendent in writing by February 1 of her/his intent to return the following September. Under normal circumstances, in the event of a birth or adoption after February 1, the teacher shall notify the Superintendent in writing within eight weeks after the birth of the child of her/his intent to return the following September. The leave under said section is without pay.

1.4         A teacher whose absence, resulting from illness or accident, continues beyond the period compensated for under Article XI may be granted additional leave for a period of such continuing absence, but not beyond the end of the school year in which the compensated period ends or, if such period ends after January 31, not beyond the end of the next following school year.

2.           Any teacher desiring a leave of absence described in Section 1, or a leave of absence for any other reason, or an extension of leave previously granted, shall apply in writing to the Superintendent indicating the period of proposed absence and the reasons therefore. All responses to applications for leaves or extensions shall be acted upon in writing.

2.1                 All benefits to which a teacher was entitled when his/her leave of absence began, including accumulated temporary leave of absence may be restored to him/her upon his/her return and, except as otherwise provided in Sections 1.1 and 1.2, he/she will be placed on the applicable salary schedule at the step he/she had attained when his/her leave began. A teacher shall not, however, be entitled upon his/her return to benefits based upon service during the period of such leave.

2.2                 Upon his/her return from a leave of absence taken pursuant to Section 1, a teacher shall be assigned to the same position he/she held at the time his/her leave began, if practicable and consistent with the maintenance of educational standards and if he/she is qualified therefore, or otherwise to such substantially equivalent position as is so consistent and for which he/she is qualified.

3.           Anything in this Agreement to the contrary notwithstanding, it is agreed that no teacher granted any leave under this Article shall be deemed to be serving in the Scituate Public Schools for the purposes of General Laws, Chapter 71, Section 41, for the period of such leave.

ARTICLE XIV

Sabbatical Leave

1.           In the interest of rewarding professional performance and encouraging independent research, achievement, and professional growth, the Superintendent shall grant sabbatical leaves as follows:

1.1         No more than one percent (1%) of the teachers, (the equivalent of two (2) full time sabbaticals), shall be on sabbatical leave at any one time.

1.2                 A teacher who has completed seven (7) years of professional service in Scituate shall be eligible for sabbatical leave of one (1) school year at 60% salary; a teacher who has completed ten (10) years of professional service in Scituate shall be eligible for one (1) school year at 80% salary; a teacher who has completed fourteen (14) years of professional service in Scituate shall be eligible for one (1) full year at full salary; and a teacher who has been on sabbatical leave shall not again be eligible until he/she has completed seven (7) additional years of professional service in Scituate.

1.3                 A teacher who desires to apply for sabbatical leave shall submit a written application to the Superintendent by December 31st in such form as he/she may require.

1.4                 In considering an application for sabbatical leave, the Superintendent shall apply the following criteria: years of service of applicant, length of time the application has been pending, type of research or study planned, educational value of proposed research or study to Scituate, its relationship to the professional growth of applicant, the urgency of proposed research or study and past performance as evidenced by evaluation reports.

1.5                 The decision of the Superintendent shall be provided to the applicant in writing on or before April 1.

2.                     A teacher accepting sabbatical leave shall enter into a written agreement with the Superintendent in accordance with Chapter 71, Section 41A of the General Laws of Massachusetts.

3.                     When the sabbatical leave has been completed, the teacher shall submit a report of his/her research or study to the Superintendent in such form as the Superintendent may determine.

4.                     The Superintendent shall inform all teachers on sabbatical leave of opportunities for advancement and promotion, and such teachers shall be considered for such advancement or promotion in the same manner as those presently in service.

5.                     A teacher granted a sabbatical leave shall have the right to return to the same position, if it is available, or to one substantially equivalent to it.

6.                     A teacher's salary, while on sabbatical leave, shall include the current increment.

7.                     The Committee and the Association agree that no sabbatical leaves of absence will be granted for the school year 2008-2009.

ARTICLE XV

Alternative Employment Leave

Any teacher with professional teacher status and seven (7) years experience in Scituate who requests a leave of absence without pay for one (1) year for the purpose of exploring an alternative career or field of employment shall be granted upon the recommendation of the Superintendent of Schools a leave of absence for that purpose under the following conditions:

1.                     Any such leave shall be requested in writing under normal circumstance prior to March 1 of the year preceding the school year in which the leave is to take place.

2.                     The teacher must notify the Superintendent in writing on or before March 1 immediately prior to the expiration of the leave whether or not he/she intends to return to work at the start of the next school year. Should any teacher on alternative employment leave fail to provide such notification, the Superintendent shall inquire of him/her, in writing, with a copy of the letter being sent to the Association, whether he/she intends to return to work at the expiration of the leave; if he/she fails to respond affirmatively to any such request within two (2) weeks after his/her receipt of the said letter from the Superintendent, he/she shall be deemed to have terminated his/her employment.

3.                     A teacher who is on an alternative employment leave may continue group health and life insurance coverage during the period of said leave, as provided by the Committee to members of the bargaining unit by reimbursing the Committee for the total premium cost.

4.                     All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave and accrued seniority, will be restored to him/her upon his/her return; and he/she will be assigned to the same position which he/she held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

5.                     The Superintendent may in his/her absolute and unreviewable discretion grant an alternative employment leave pursuant to this Article to any teacher with professional teacher status who has at least five (5) years but less than seven (7) years of experience in Scituate.

ARTICLE XVI

Complaint Procedure

The purpose of this procedure is to resolve any complaints at the lowest possible level. The following procedure will be used:

1.                     Any administrator, department chairperson and/or guidance counselor receiving the complaint will notify the teacher of the complaint within a reasonable period of time.

2.                     The teacher shall have the opportunity to respond to any complaint received by any administrator.

3.                     The parties agree that a teacher does not waive any legal and/or contractual rights by participating in this procedure.

ARTICLE XVII

Insurance and Annuity

1.                     Teachers may participate in all life insurance, accidental death and dismemberment insurance, hospital, medical, and surgical insurance benefits provided by any insurance plan adopted and maintained by the Town of Scituate pursuant to applicable statutes. The cost of such benefits shall be paid as provided in such plan. This article shall not be subject to the grievance procedure.

2.                     The School Committee will advocate the continuance of insurance program coverage at the current levels.

3.           Members of the bargaining unit may participate in the Contributory Benefits Plan and the Dependent Care Account Plan offered by the Town of Scituate.

ARTICLE XVIII

Dues Deduction and Agency Fee

1.                     The Committee agrees to certify to the Town Treasurer all payroll deductions from the salaries of teachers for the payment of dues to the Scituate Teachers' Association, Inc., Plymouth County Education Association, Massachusetts Teachers' Association and the National Education Association as the teachers may individually and voluntarily authorize to be deducted and to request the Treasurer to transmit the deducted dues to the Treasurer of the Scituate Teachers' Association.

2.                     The Committee agrees to arrange for any authorized credit union deductions.

3.                     The contract shall include as a condition of employment, in compliance with Chapter 150E of the General Laws of Massachusetts, an agency fee provision effective February 1, 1982. The agency fee shall be equivalent to the full annual dues less any political contribution.

4.                     The Association will hold the Committee harmless and indemnify the Committee for any expenses incurred in the administration and enforcement of Article XVIII including but not limited to attorney's fees and cost, but excluding incidental clerical costs, provided:

(a)                   the Committee expeditiously fulfills its obligations under this Article;

(b)                  the Association reserves the right to select or assign counsel of its own choice, the Committee cooperates with said counsel in the conduct of the case; and,

(c)                   the Association retains full control over the conduct of the case.

ARTICLE XIX

Professional Development, Teacher Input and Educational Improvement

1.          The Professional Development Committee

(a)         The School Committee and the Association agree to the establishment of a Professional Development Committee. This Professional Development Committee shall be composed of teachers and administrators. This Professional Development Committee will be co-chaired by the President of the Association or his/Tier designee and the Superintendent of Schools or his/her designee.

The purposes of the Professional Development Committee are to advise in facilitating the professional development of teachers and curriculum development, to hear and review the instructional concerns of the teaching staff, and to develop a plan for focusing curriculum and instructional improvement efforts. The Professional Development Committee is not designed to serve as a replacement for either the Office of the Assistant Superintendent of Curriculum, Instruction, and Staff Development or the teachers' own instructional and curriculum initiatives. The Professional Development Committee shall promote the broadest possible teacher representation and involvement in the decision-making process regarding professional development, instructional planning and design.

The Professional Development Committee shall report its findings and recommendations to the Superintendent (or the Superintendent's designee), the Association and the School Committee.

(b)                  As part of its responsibilities, the Professional Development Committee shall review and make recommendations regarding instructional concerns and issues such as: instructional management systems, testing programs, pilot and experimental programs, and changes in new and existing instructional programs.

(c)                   Progress reports shall be issued as the need develops. There shall also be a year-end report. Such reports shall be public documents available upon request to all educators in the system.

2.                    The Association may set up credit courses of an educational nature taught by a qualified person and paid for by the teachers themselves, with advance approval of the Superintendent. The Committee shall give credits to teachers who have passed such courses, and these credits shall be applied to the salary schedule with the approval of the Superintendent and the Committee.

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

4.                    Any system-wide, in-service program during the school year shall be structured by a committee made up of representatives of the Association and the Administration.

5.          (a)      The Committee agrees to budget and expend up to $75,000 in each school year which will be used to reimburse teachers who take college, university, or PCEA courses which have been approved in advance by the Superintendent. Such approval will not be unreasonably withheld. A teacher will receive 90% reimbursement of the tuition and fees for the course up to $850 per teacher. In no event shall the Committee be required to spend more than $75,000 per school year for tuition reimbursement. Should claims for tuition reimbursement exceed the maximum amount in a given school year, each teacher will receive a prorated amount of his/her claim. On or before June 1,2009, the Superintendent or his/her designee and the President of the Association or his/her designee shall meet to review the implementation of tuition reimbursement and will report their findings and/or recommendations to the parties.

(b)            If the Superintendent requires a teacher to take a course, the Committee will pay 100% tuition. The cost for said course(s) will not be taken from the $75,000 provided for in section 5(a) above.

(c)             Upon submission of proof of payment and satisfactory completion of the approved course, teachers will be reimbursed for tuition in accordance with section 5(a).

ARTICLE XX

Protection

The Committee shall indemnify a teacher in its employ for expenses of damages sustained by him/her by reason of an action or claim against him/her arising out of the negligence of such teacher or other act of his/her resulting in accidental bodily injury to or the death of any person, or in accidental damage to or destruction of property, while acting as such teacher, and may indemnify a teacher in its employ for expenses or damages sustained by him/her by reason of an action or claim against him/her arising out of any other acts done by him/her while acting as such teacher, provided, in either case, that after investigation it shall appear (any reasonable doubt as to this point shall be resolved in favor of the teacher) to the Committee that such teacher was, at the time the cause of action or claim arose, acting within the scope of his/her employment and provided, further, that the defense or settlement of any action or claim for which indemnification is sought under this provision shall have been made by the Town Counsel upon the request of the Committee, or if such Town Counsel fails or refuses to defend such action or claim, by an attorney employed by such teacher. The Committee shall appropriate funds for this purpose in the same manner as appropriations for General School Purposes.

ARTICLE XXI

Reduction in Force

I.           Layoff

A.          When a reduction in force occurs, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, contribution to the school system, educational need of the school system and length of service in the Scituate School System will be considered in determining which teacher is laid off. In cases in which the above factors are determined to be equal, the teacher whose length of permanent service in Scituate is the longest shall be retained. Paid leaves of absence shall be considered permanent service for the purpose of this paragraph.

B.          Definitions

1.           Area of competence

a.           Licensure

b.           Number of years of actual experience in the area of licensure

c.           Recent experience in the area of licensure

2.           Major and/or Minor Field of Study (Graduate, Undergraduate)

a.           Major Field of Study

b.           Minor Field of Study

c.           Other Courses

3.          Quality of Teaching Performance - past evaluations

C.          Teachers who are being laid off pursuant to this Article and who wish to have their layoff treated as a leave of absence without pay shall submit the following letter to the School Committee:

In consideration of treating my status as an unpaid, involuntary leave of absence, and without loss of tenure or recall rights, I agree to waive my rights to have a hearing, pursuant to G.L. c. 71, s42, and G.L. c. 32, s16, now and at the conclusion of my recall period. If I am dismissed, the effective date of my dismissal will be September 1, 200_, the concluding date of my recall period, unless I have been recalled to the Scituate Public Schools during this twenty-six (26) month period.

______________________                                          _________________

Date                                                                              Name

II.          Recall

A.          The Superintendent's Office shall maintain a complete list of all teachers on layoff. This listing will include a teacher's:

1.                     Seniority

2.                     Areas of licensure

3.                     Complete description of professional experience

4.                     Name, address and telephone number. (It is the applicant's responsibility to furnish current information to the Superintendent's Office.)

B.          The recall period for any teacher laid off shall be twenty-six (26) months from the effective date of the layoff.

1.                     Teachers on the recall list are encouraged to notify the Superintendent's Office if they no longer wish to be considered for recall.

2.                     Names still listed at the end of the recall period will be dropped.

3.                     Individuals who refuse recall will be dropped from the list except for verified medical reasons. Medical reasons do not extend the recall period.

4.                     A teacher on the recall list, who is offered a teaching position for less time for which he/she is on the recall list, may refuse it and still remain on the recall list for the remainder of the original recall period of time specified in the Agreement between the Scituate School Committee and Scituate Teachers' Association.

C.          Teachers shall be recalled in the reverse order of the effective date of the layoff to fill only those vacancies for which a teacher is competent and qualified to teach.

D.          During the layoff period, a teacher will be considered to be on a leave of absence without pay.

E.          In accordance with the existing policy, teachers laid off shall have preference for substitute assignments in their area of competence.

F.           No new employee shall be hired until all eligible teachers on layoff have been recalled.

G.          All benefits to which a teacher was entitled at the time the layoff commenced will be restored upon recall.

The parties will continue to negotiate with regard to proposed modifications of the Reduction in Force Article (21) until presentation of the evaluation instrument and procedure. Any agreement reached with regard to reduction in force will be presented to the Committee and the Association for a ratification vote. (Reference: Memorandum of Agreement dated November 17, 1992)

III.         Seniority "Seniority" and "Length of Service" shall be defined as the length of uninterrupted service in years, months and calendar days calculated from the first day of work in the Scituate Public Schools for all teachers with professional teacher status. Leaves of absence, as provided for in this Agreement, shall not be considered breaks in service; however, only those leaves for which this Agreement provides salary credit shall be counted as years, months, and calendar days for purposes of the definition. Service prior to a break in service when said break resulted from a mandatory resignation due to pregnancy shall be counted for purposes of determining a teacher's seniority.

In the event that more than one teacher began work on the same day, then the date of appointment by the School Committee or Superintendent will break the tie. In the event that the date of appointment for two or more teachers is identical, the tie shall be resolved by a lottery. If a lottery is necessary, it will be conducted by the Superintendent or the Superintendent's designee. The Association and those teachers involved will be notified of the lottery at least seven calendar days in advance and may be present at the time of the lottery.

Summer work or service beyond the number of workdays provided for in this Agreement (Article V, Section 4) shall not be counted in determining seniority.

Service as a part-time employee will be prorated for purposes of seniority. In the event of a reduction of a part-time position, a more senior part-time teacher shall be offered a full-time position occupied by a less senior teacher. In the event that the full-time position is not accepted, the more senior part-time teacher who declined the full-time position may be reduced.

Any employee of the Scituate Public Schools who has previous service in the bargaining unit represented by the Association who falls back into the bargaining unit from an administrative or supervisory position outside of the bargaining unit shall be credited with all uninterrupted employment with the Scituate Public Schools in accordance with the definition of "seniority" in this article.

The Superintendent will prepare a seniority list for the bargaining unit which sets forth each employee's date of appointment, most recent date of uninterrupted service, and licensure codes as set forth in the teachers personnel file. It is each individual teacher's responsibility to keep the Superintendent informed as to the status of his/her own licenses. The seniority list will be presented to the President of the Association on or before November 15th of each year. The Association will have 14 calendar days in which to challenge the seniority list before it is published and distributed to all employees who will then have 14 calendar days in which to challenge the list; thereafter, the list shall be deemed accurate.

ARTICLE XXII

General

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

2.                     If any provision of this Agreement, or any application of this Agreement to any teacher, shall be found contrary to law, shall have effect only to the extent permitted by law, but all other provisions or applications of this Agreement shall continue in full force and effect.

3.                     The parties agree that each has exercised its rights to bargain for any provision it wished to be included in this Agreement; that if either has made a proposal not included herein, such proposal has been withdrawn in consideration of the making of this Agreement; and that this Agreement constitutes a complete agreement as to all matters upon which the parties have or might have bargained. Accordingly, each expressly waives any right to seek, except with the consent of the other party, to negotiate any further demand or proposal so long as this Agreement shall continue in effect. The parties further recognize and agree that as to every matter as to which a specific agreement is not set forth in the Agreement, the Committee continues to retain, whether exercised or not, the sole and unquestioned right to exercise all of the authority powers, responsibilities and rights provided by and under the laws of Massachusetts in the control, direction and management of the Scituate Public Schools. No such exercise shall be made the subject of a grievance or arbitration proceeding under this Agreement or the subject of an unfair labor practice charge.

4.                     The Committee shall not take any reprisals of any kind against any teacher by reason of his/her membership in the Association or participation in its activities.

5.                     Teachers shall be informed of a telephone number that they shall call before 7:00 a.m. to report their unavailability for work that day.

6.           Since it is in the best interest of the Scituate Public Schools to maintain clean, safe and structurally sound environments for teachers to teach and for students to learn, it is important that all members of the school community help monitor the teaching/learning environment so that problems that do arise may be addressed in the most expeditious manner possible. To that end, a process is set into place as noted below:

Step 1. Any teacher who believes that there is a safety or cleanliness problem in his/her school should write his/her concern down and submit it to the principal of his/her school.

Step 2. The principal will determine the most efficient means of resolution and either assign the duty to a custodian or direct the concern to the facilities manager within two days. The principal will report to the teacher what course of action will be taken, if any.

7.           The Committee and the Association agree to form a joint Child Care Study Committee (CCSC). The CCSC shall consist of no more than four (4) representatives selected by the Association and four (4) representatives selected by the Committee. The purpose of the CCSC is to explore the possibility of creating a child care facility in the Town of Scituate for the pre­ school children of the members of the bargaining unit.

7.1                 The charge of the CCSC is to conduct a feasibility study regarding the creation of a child care facility. While it is desired, the CCSC is not required to make any recommendations.

7.2                 The CCSC shall issue a report in a form of its choosing to the bargaining teams of the Association and the Committee. No action will be taken without approval of both parties.

7.3                 The CCSC shall issue its report no later than February 1, 2009.

ARTICLE XXIII

Observance

1.           During the term of this Agreement, the Association shall not cause or sponsor, and no professional employee shall cause or participate in any strike, work stoppage, or other illegal activity directed against the Committee. If the Association disclaims, in writing to the Committee, responsibility for any act prohibited hereby, it shall not be liable in any way therefore. Employees who participate in any such act may be disciplined or discharged without recourse to arbitration provided, however, that the question of their participation shall itself be subject to grievance and arbitration procedure.

2.           In connection with any negotiations held for a renewal of or successor to this Agreement, said negotiations shall be conducted without threats of strikes, or any other public pressure by either party until mediation, fact-finding, and any other statutory impasse procedures have been exhausted.

ARTICLE XXIV

Early Retirement Incentive

The Committee may offer early retirement incentives pursuant to the following conditions:

1.                     A written announcement of the retirement incentive will be sent to the President of the Association and to all bargaining unit members who will be completing twenty (20) or more years of service in Scituate at the end of the school year in which an announcement is made.

2.                     Eligible personnel will be given at least sixty (60) calendar days from the date of the announcement in which to submit an irrevocable written resignation to be effective without any further action by the Committee upon the close of the school year.

3.                     No later than July 31st of the calendar year in which the resignation is effective, the Committee will pay each teacher who submits a resignation the amount of money set forth in the announcement as a retirement incentive.

4.                     Said amount shall be no less than $12,000.

5.                     Any member of the bargaining unit who has previously given a notification of retirement pursuant to Article XI, Section 9, will also be automatically entitled to receive the benefits of this Article, providing the resignation is to be effective at the end of the contractual year in which the early retirement incentive is offered.

ARTICLE XXV

Reorganization

If, as part of a reorganization voted by the Committee during the term of this Agreement, a Department Chairperson, Curriculum Leader or Program Specialist position is eliminated, then the stipend set forth within Appendix B shall continue to be paid for the next school year to the person whose position was eliminated provided said person has not been appointed to another leadership position and remains in the employment of the Scituate Public Schools.

ARTICLE XXVI

Staff Resignations

1.           Resignations must be submitted in writing to the Superintendent of Schools as far in advance of the effective date as possible. Resignations during the school year require at least thirty (30) calendar days notice. Resignations between July 1 and the first work day for teachers require at least thirty (30) calendar days notice. The Superintendent or the Superintendent's designee is authorized to accept resignations on behalf of the School Committee.

Following the acceptance of a resignation, the matter will be brought to the attention of the School Committee as an information item at the next regularly scheduled School Committee Meeting.

2.          Teachers retiring at the end of an academic year are respectfully requested to notify the Superintendent of Schools by December 1st of the year immediately preceding the date of retirement.

ARTICLE XXVII

Job Sharing

The Committee and the Association have accepted the practice of job sharing within the Scituate Public Schools. This innovative concept will allow the Town to acquire and keep the services of some of the best faculty members who are starting families of their own or who prefer to work less than full time.

Scituate has helped hone the skills of many of these potential job sharers, and it would be a waste for Scituate to lose these valuable human resources simply because we are not flexible enough to adapt to the changing work conditions of modem life.

1.                     For the purpose of this Agreement, job sharing will mean the occupation of a single staff position by two (2) individuals with each assignment being half-time. In order for a shared position to be approved, the two (2) individuals must complete an application for such on a form mutually agreed upon by the Committee and the Association.

2.                     The Committee and the Association realize that there are a number of effective models that could be used and acknowledge that the principal along with the teachers involved should arrive at the best model for each situation.

3.                     Applications for job sharing shall be filed by the teacher(s) with the Superintendent and the Association prior to February 15 of the school year preceding the effective date of job sharing. Teachers shall be informed of the disposition of their job sharing application prior to the close of school in June. The teacher partners shall be teachers with professional status in the Scituate School Department.

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

5.                     Job sharing assignments shall be for a period of one year and shall terminate at the end of each school year.

6.                     When a job sharing position is terminated, the teacher(s) will be assigned to the same position which he/she left prior to job sharing, if available. If that position is not available, he/she will be assigned to a substantially equivalent position.

7.                     When a teacher is being selected for job sharing by the administration, the teacher's license(s), area of competence, major and/or minor fields of study, quality of teaching performance, and the number of potential job sharing requests in the program or building shall be the criteria used. All factors being approximately equal, seniority shall prevail.

8.                     Teaching salary will be pro-rated at the actual amount of time the teacher is assigned to work. The experience and educational step for the teacher will be the same as he/she would be entitled to if employed on a full-time basis. This step will determine the base salary from which the salary fraction (50%) will be computed.

9.                     Sick and personal leave will be pro-rated at fifty (50%) percent.

10.                 Teachers living beyond the boundaries of the Town of Scituate must be teaching on a full-time basis in order to be eligible to have their children educated within the Scituate Public Schools. Children of out-of-town staff who are job sharing as of the effective date of this Agreement shall be grandfathered and shall not be subject to this provision. Children of out-of-town staff who are job sharing as of the effective date of this Agreement whose positions are reduced from full to part-time status as a result of a reduction-in-force, shall be grandfathered for a period of one (1) school year beyond the effective date applicable to their part-time status, e.g. the effective date of this Agreement or the effective date of their reduction-in-force.

11.                 In the event of a grievance regarding the interpretation and/or application of this Article or the Superintendent's decision of whether or not to approve a job sharing proposal, said grievance will not be subject to Levels Three and Four of Article II -Grievance Procedure of this Agreement and the Superintendent's decision shall be final and not subject to any further review.

ARTICLE XXVIII

Longevity

1.           Bargaining unit members with twenty (20) completed years of service in the Scituate Public Schools may elect longevity payments for the three (3) consecutive years following the member's application and acceptance under the provisions of Article XXVII in the following amounts:

First year of participation                     $4,000

Second year of participation                $4,000

Third year of participation                   $4,000

2.           Payment for accumulated and unused sick leave days specified in Article XI (Sick Leave and Personal Leave), §9, will cease upon application and acceptance into this Longevity Plan.

3.                     Bargaining unit members will be entitled to the entire sum of twelve thousand ($12,000.) dollars regardless of date of termination. Payments will continue until the remaining credit is exhausted if an entitled unit member resigns, retires or otherwise severs his/her employment with the Scituate Public Schools.

4.                     Members shall only be allowed to elect and accept the Longevity Plan once during their employ by the Town of Scituate and the Scituate Public Schools.

5.                     Participation in the Longevity Plan is irrevocable thirty (30) days after receipt of notification of acceptance into the Plan.

6.                     Application for the Longevity Plan shall be made on the Longevity Plan Application Form attached hereto as Appendix H. Applications must be submitted to the Superintendent on or before June 30, 2004 for participation during the 2004-2005 work year and on or before January 30th of the school year prior to the school year in which the payments are to begin for every year thereafter.

ARTICLE XXIX

Duration

1.                     The provisions of this Agreement shall be in full force and effect as of September 1, 2008 and continue in full force and effect until August 31, 2011.

2.                     On or after December 1, 2010 the Committee and the Association, or either of them, may, by giving written notice to the other, institute negotiations for a renewal of this Agreement or for a successor Agreement. Such notice shall specify those matters as to which negotiations are desired.

3.           The receipt of any such written notice shall be acknowledged in writing by the party to this Agreement receiving such notice within ten (10) school days of its receipt. Negotiations concerning the subject matter referred to in any such notice shall commence not later than ten (10) school days from the date of the acknowledgment in writing of such notice."

WHEREFORE, the Committee and the Association have caused this AGREEMENT to be executed by their duly-authorized representatives this _______ day of July 2008.

_____________________________                           _______________________________

Scituate School Committee                                           Scituate Teachers' Association

_____________________________                           _____________________________

Date                                                                              Date

APPENDIX A-l

SCITUATE TEACHERS SALARY SCHEDULE

Effective September 1, 2008: 3% ATB Increase

STEP

BACHELORS

M or B+36

M+30 or CAGS

M+45

DOCTORATE

1

$37,288

$40,646

$44,000

$45,863

$47,354

2

$39,525

$42,881

$46,140

$48,140

$49,590

3

$41,759

$45,112

$48,473

$50,333

$51,820

4

$44,000

$47,354

$50,711

$52,573

$54,066

5

$46,613

$49,964

$53,322

$55,185

$56,674

6

$49,219

$52,573

$55,938

$57,794

$59,289

7

$51,820

$55,185

$58,540

$60,410

$61,899

8

$54,438

$57,794

$61,149

$63,011

$64,502

9

$57,047

$60,410

$63,762

$65,627

$67,118

10

$59,681

$63,011

$66,363

$68,241

$69,729

11

$62,316

$67,231

$67,754

$70,853

$72,335

12

$65,975

$72,469

$78,960

$80,996

$82,615

13

$67,294

$73,918

$80,539

$82,615

$84,267

APPENDIX A-2

SCITUATE TEACHERS SALARY SCHEDULE

Effective September 1, 2009: 3% ATB Increase

STEP

BACHELORS

M or B+36

M+30 or CAGS

M+45

DOCTORATE

1

$38,407

$41,865

$45,320

$47,239

$48,775

2

$40,711

$44,167

$47,524

$49,584

$51,078

3

$43,012

$46,465

$49,927

$51,843

$53,375

4

$45,320

$48,775

$52,232

$54,150

$55,688

5

$48,011

$51,463

$54,922

$56,841

$58,374

6

$50,695

$54,150

$57,616

$59,528

$61,068

7

$53,375

$56,841

$60,296

$62,222

$63,756

8

$56,071

$59,528

$62,984

$64,902

$66,437

9

$58,758

$62,222

$65,675

$67,596

$69,131

10

$61,472

$64,902

$68,354

$70,288

$71,821

11

$64,186

$69,248

$69,787

$72,978

$74,505

12

$67,954

$74,643

$81,329

$83,426

$85,094

13

$69,313

$76,135

$82,955

$85,094

$86,795

APPENDIX A-3

SCITUATE TEACHERS SALARY SCHEDULE

Effective September 1, 2010: 3% ATB Increase

STEP

BACHELORS

M or B+36

M+30 or CAGS

M+45

DOCTORATE

1

$39,559

$43,121

$46,679

$48,656

$50,238

2

$41,932

$45,492

$48,950

$51,072

$52,610

3

$44,302

$47,859

$51,425

$53,398

$54,976

4

$46,679

$50,238

$53,799

$55,775

$57,358

5

$49,451

$53,007

$56,569

$58,546

$60,125

6

$52,216

$55,775

$59,345

$61,314

$62,900

7

$54,976

$58,546

$62,105

$64,088

$65,669

8

$57,753

$61,314

$64,873

$66,849

$68,430

9

$60,521

$64,088

$67,645

$69,624

$71,205

10

$63,316

$66,849

$70,404

$72,396

$73,975

11

$66,111

$71,326

$71,881

$75,168

$76,740

12

$69,992

$76,882

$83,768

$85,929

$87,647

13

$71,392

$78,420

$85,444

$87,647

$89,399

APPENDIX B

LEADERSHIP STIPENDS

Computer Liaisons

2008-09

2009-10

2010-11

 

2378

2450

2523

Curriculum Leaders/Program Specialists

3068

3160

3255

Early Childhood Coordinator

4189

4315

4444

Athletic Director*

9430

9713

10,004

*These stipend figures apply when the position of Athletic Director is held by a person covered in the Recognition Clause of this Agreement.

APPENDIX C

EXTRACURRICULAR ACTIVITIES AND SUMMER SCHOOL

SALARY SCHEDULE

ELEMENTARY

2008-09      2009-10           2010-11

Elementary Jazz Band                                          1751             1804                1858

Up to $3,011 may be used by each elementary school principal in 2008-2009 to promote the establishment of extracurricular activities. This sum will be increased to $3,101 and $3,194 in 2009-2010 and 2010-2011, respectively.

GATES INTERMEDIATE SCHOOL

 

2008-09

2009-10

2010-11

National Junior Honor Society

523

539

555

7/8 Grade Band

1049

1080

1112

7/8 Grade Chorus

1049

1080

1112

Art Club

1049

1080

1112

Computer Club

1049

1080

1112

Environmental Club

1049

1080

1112

Student Council

1708

1759

1812

Yearbook

1708

1759

1812

Drama Club

2497

2572

2649

Outdoor Education Chaperone

137

141

145

Web Page Design

1049

1080

1112

Chess Club

1049

1080

1112

Assistant Coach Drama

1872

1928

1985

Drama Club Music Coordinator

523

539

555

Drama Club Choreographer (1 production)

1049

1080

1112

Jazz Band

1049

1080

1112

Jazz Choir

1049

1080

1112

Up to $3,714 may be used by the Principal of the Gates Intermediate School 1 in 2008-2009 to promote the establishment of extracurricular activities. This sum will be increased to $3,826 and $3,940 in 2009-2010 and 2010-2011.

HIGH SCHOOL

 

2008-09

2009-10

2010-11

National Honor Society/Academic

 

 

 

Peer Tutoring Advisor

1682

1732

1784

Freshman Class Advisors

 

 

 

two (2) each @ 983,1012, 1043

1965

2024

2085

Symphonic Band

1034

1065

1097

Pep/Parade Band

1034

1065

1097

Concert Chorus

1034

1065

1097

Environmental Club

1051

1082

1115

Sophomore Class Advisors

 

 

 

two (2) each @ 1789, 1843, 1898

3156

3251

3348

Peer Leaders

1682

1732

1784

Art Club

1682

1732

1784

S.A.D.D.

1682

1732

1784

Scituation Advisor

4257

4385

4516

J.E.T.S.

1682

1732

1784

Senior Class Advisors

 

 

 

two (2) each @ 1789, 1843,1898

3577

3685

3795

Student Council

1841

1896

1953

Mam Club

1841

1896

1953

Jazz Band

1841

1896

1953

Jazz Choir

1841

1896

1953

Drama: Coach per production for up to two

 

 

 

(2) productions @ 3228, 3325, 3425

6456

6650

6849

Drama: Assistant Coach per production for

 

 

 

up to two (2) productions @ 2420, 2493, 2568

4840

4985

5135

Drama Club Choreographer (1 production)

1028

1059

1091

Musical Director (1 production)

1028

1059

1091

Yearbook Business Manager

3155

3250

3347

Junior Class Advisors

 

 

 

(2) @ 2757, 2840, 2925

5514

5679

5849

Yearbook Advisor/Editor

4257

4385

4516

Debate Advisor

1841

1896

1953

French Exchange Program

1028

1059

1091

Spanish Exchange Program

1028

1059

1091

International Club

1842

1897

1954

Best Buddies

1633

1682

1732

Model United Nations

1633

1682

1732

Anti-Defamation League

1633

1682

1732

Gay / Straight Alliance

1633

1682

1732

History Honors' Club

1633

1682

1732

Community Service Club

1787

1841

1896

Academic Advisories

1787

1841

1896

If two or more persons agree to share a stipend position then they will also share the stipend in equal proportions. Any sharing of a stipend position requires advance approval of the Superintendent. If approved, notification of said approval and the amounts to be paid will be given in writing to the persons involved and the Association.

In the event that because of a lack of student interest an activity is not conducted during an academic year, the principal may after notifying the Superintendent of School and the Association use the stipend for that activity to fund the stipend for a new student activity. This new stipend will be equated to existing stipends on the basis of time involved and expertise required.

In setting the stipends for positions created with the discretionary funds provided to principals, principals will confer with the Superintendent of Schools or his designee and President of the Association to equate the new stipends to existing stipends on the basis of time involved and expertise required.

At the conclusion of the contract all stipends for activities, contractual and newly formed, will be re-evaluated by the parties for consideration in any successor agreement.

It is understood and agreed that the Superintendent may choose not to fill any position listed in this Appendix for any school year.

2008-09         2009-10           2010-11

Summer School                                                 31.13               32.06               33.02

APPENDIX D

COACHES SALARY SCHEDULE

High School

2008-09

2009-10

2010-11

Fall:

 

 

 

Football (Boys)

8304

8553

8810

Football Assistant (Boys)

4187

4313

4442

2nd Football Assistant (Boys)

4187

4313

4442

3rd Football Assistant (Boys)

4187

4313

4442

Cheerleading

2765

2847

2933

Cross Country (Co-ed)

3371

3472

3576

Soccer (Boys)

4330

4460

4594

Freshman Soccer (Boys)

3371

3472

3576

Soccer Assistant (Boys)

3371

3472

3576

Soccer (Girls)

4330

4460

4594

Freshman Soccer (Girls)

3371

3472

3576

Soccer Assistant (Girls)

3371

3472

3576

Field Hockey (Girls)

4330

4460

4594

Freshman Field Hockey (Girls)

3371

3472

3576

Field Hockey Assistant (Girls)

3371

3472

3576

Golf (Coed)

3371

3472

3576

Winter:

 

 

 

Basketball (Boys)

6705

6906

7114

Junior Varsity Basketball (Boys)

4187

4313

4442

Freshman Basketball (Boys)

4187

4313

4442

Cheerleading

2765

2847

2933

Basketball (Girls)

6705

6906

7114

Junior Varsity Basketball (Girls)

4187

4313

4442

Freshman Basketball (Girls)

4187

4313

4442

Hockey (Boys)

6705

6906

7114

Hockey Assistant (Boys)

3620

3729

3841

Track (Boys)

4540

4676

4817

Track - Weight Events (Boys)

4540

4676

4817

Track (Girls)

4540

4676

4817

Wrestling (Co-ed)

4330

4460

4594

Gymnastics (Girls)

4330

4460

4594

Skiing Coach

3371

3472

3576

Swim Coach

4540

4676

4817

Spring:

2008-09

2009-10

2010-11

Baseball (Boys)

4540

4676

4817

Freshman Baseball (Boys)

3371

3472

3576

Baseball Assistant (Boys)

3371

3472

3576

Softball (Girls)

4540

4676

4817

Softball Assistant (Girls)

3371

3472

3576

Varsity Lacrosse (Boys)

4551

4687

4828

Assistant Lacrosse (Boys)

3371

3472

3576

Varsity Lacrosse (Girls)

4551

4687

4828

Assistant Lacrosse (Girls)

3371

3472

3576

Track (Boys)

4540

4676

4817

Track Assistant (Boys)

3371

3472

3576

Track (Girls)

4540

4676

4817

Track Assistant (Girls)

3371

3472

3576

Tennis (Boys)

3371

3472

3576

Tennis (Girls)

3371

3472

3576

Faculty Manager

3371

3472

3576

Intramurals 2 @ 748;770;794

1635

1684

1734

Gates Intermediate School

2008-09

2009-10

2010-11

Intramurals 6 @ 817, 842, 867

4903

5050

5201

It is understood and agreed that the Superintendent may choose not to fill any position listed in this Appendix for any school year.

APPENDIX E-1

SCITUATE DEPARTMENT CHAIRPERSONS SALARY SCHEDULE

Effective September 1, 2008: 3% ATB Increase

TIER I -

STEP

MASTERS

M+30 or CAGS

M+45

DOCTORATE

1

$84,266

$91,814

$94,181

$96,065

2

$85,745

$93,425

$95,834

$97,750

3

$87,223

$95,036

$97,486

$99,436

4

$88,702

$96,647

$99,138

$101,121

TIER II -

STEP

MASTERS

M+30 or CAGS

M+45

DOCTORATE

1

$79,831

$86,982

$89,224

$91,009

2

$81,310

$88,593

$90,877

$92,694

3

$82,788

$90,203

$92,529

$94,379

4

$84,266

$91,814

$94,181

$96,065

APPENDIX E-2

SCITUATE DEPARTMENT CHAIRPERSONS SALARY SCHEDULE

Effective September 1, 2009: 3% ATB Increase

TIER I -

STEP

MASTERS

M+30 or CAGS

M+45

DOCTORATE

1

$86,794

$94,569

$97,007

$98,947

2

$88,317

$96,228

$98,709

$100,683

3

$89,840

$97,887

$100,411

$102,419

4

$91,363

$99,546

$102,112

$104,154

TIER II -

STEP

MASTERS

M+30 or CAGS

M+45

DOCTORATE

1

$82,226

$89,591

$91,901

$93,739

2

$83,749

$91,250

$93,603

$95,475

3

$85,272

$92,910

$95,305

$97,211

4

$86,794

$94,569

$97,007

$98,947

APPENDIX E-3

SCITUATE DEPARTMENT CHAIRPERSONS SALARY SCHEDULE

Effective September 1, 2010: 3% ATB Increase

TIER I-

STEP

MASTERS

M+30 or CAGS

M+45

DOCTORATE

1

$89,398

$97,406

$99,917

$101,915

2

$90,967

$99,115

$101,670

$103,703

3

$92,535

$100,823

$103,423

$105,491

4

$94,103

$102,532

$105,176

$107,279

TIER II -

STEP

MASTERS

M+30 or CAGS

M+45

DOCTORATE

1

$84,693

$92,279

$94,658

$96,551

2

$86,262

$93,988

$96,411

$98,339

3

$87,830

$95,697

$98,164

$100,127

4

$89,398

$97,406

$99,917

$101,915

APPENDIX F

ARBITRATION AWARD RE: DEFINITIONS OF

REDUCTION IN FORCE TERMS

AWARD

...In determining which teacher is to be laid off, the following factors, as defined, will be considered:

(A)                 Area of Competence: This factor includes (1) licensure; (2) the number of years of actual experience in Scituate; and (3) the recency of such experience in the area of certification, with recency to refer to a year's experience within the past five years.

(B)                 Major and/or Minor Field of Study: (Graduate, Undergraduate): This factor shall be as presently defined, i.e., major field of study, minor field of study, and other courses.

(C)                 Quality of Teaching Performance: The evaluation of performance shall be based upon written evaluations within the past five years.

(D)                 Contributions to the School System: This factor includes the involvement in curriculum committees, special project committees, extracurricular activities, and supervisory duties. It is understood that this factor alone may not be used as the basis for retention of a junior teacher to the detriment of a senior teacher.

(E)         Educational Needs of the School System: This factor is defined as the ability of a teacher, as determined by Factors (A) through (C) to meet the requirements of the Scituate Public Schools as established by the School Committee.

(F)         Length of Service: This factor is defined as a teacher's length of continuous service in the Scituate Public Schools, calculated from the date of employment under contract. Service shall be in terms of years, months and calendar days. Leaves of absence shall not be considered breaks in service. However, for purposes of this definition, only those leaves for which salary credit is given shall be counted toward total years, months and calendar days. Other technical matters relating to this definition are left to the parties for resolution. Where Factors (A) through (E) are found to be relatively equal, Factor (F) shall govern. Moreover, it is understood that when a junior teacher is to be retained and a senior teacher is to be laid off because of the application of Factors (A) through (E), the burden is on the School Committee and the School Administrators to demonstrate a conspicuous superiority of the junior teacher with respect to Factors (A) through (E), either in their totality, or, except for Factor (D), in an individual factor.

SIGNED:

May 5, 1982                                                         James J. Healy, Arbitrator

APPENDIX G

OF

THE COLLECTIVE BARGAINING AGREEMENT

BETWEEN

SCITUATE SCHOOL COMMITTEE

AND

SCITUATE TEACHERS' ASSOCIATION

The agreements set forth in this APPENDIX G set forth the hours of work and conditions of employment for all School Health Nurses, excluding confidential, managerial and all other employees.

ARTICLE I

EMPLOYEE RIGHTS AND OBLIGATIONS

Employees covered by this Agreement shall have and shall be protected in the exercise of the right, freely and without fear of penalty or reprisal, to form, join and assist employee organizations, or to refrain from such activity to hold office in and participate in the management of the Association, to act in the capacity of Association representative, and to engage in other lawful Association and concerted activities for the purpose of collective bargaining or other mutual aid or protection, except that no official of the Town of Scituate shall participate in the management of the Association or act as its representative if such activity would be incompatible with his/her official duties.

There shall be no solicitation of employees for Association membership or dues conducted upon the premises of the Committee during working hours by the Association.

Neither the Committee nor the Association will discriminate against any employee covered by this Agreement or applicant for employment because of race, color, creed or national origin.

ARTICLE II

WAGES

The salary schedule set forth in Appendix A of the Scituate Teachers Salary Schedule shall apply to the nurses covered by this agreement, except that the nurses could not advance beyond the Masters or B+36 lane.

The School Committee, upon the recommendation of the Superintendent, may withhold a step raise. Management may place new hires on steps according to prior experience and training, but not above Step III.

ARTICLE HI

JURY PAY

An employee called for jury duty shall be paid by the Committee an amount equal to the difference between the compensation paid for a normal working period and the amount paid by the Court, excluding allowances for travel, and this will be certified by the comptroller upon presentation of the check for monies received for jury duty.

ARTICLE IV

PERSONAL LEAVE

Employees shall be granted time off for which he/she will be paid at his/her normal rate to conduct personal business. Such personal leave shall consist of two (2) days in any work year. Said leave will not be deducted from accumulated sick leave.

ARTICLE V

BEREAVEMENT LEAVE

Up to five (5) days will be granted as bereavement leave with pay each time there is a death of the nurse's spouse, child, father-in-law, mother-in-law, or sibling, or a person who is a member of the nurse's immediate household and in substance occupies a similar relationship to the nurse. Up to three (3) days will be granted as bereavement each time there is a death of a nurse's grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law. In the event of the death of a spouse's grandparent, aunt, uncle, niece or nephew, nurses will be granted one (1) day for the sole purpose of attending the funeral. At the discretion of the Superintendent and upon written application, additional temporary leave may be granted pursuant to this section.

ARTICLE VI

HOLIDAYS

School nurses will be on duty whenever schools are in. session.

ARTICLE VII

SICK LEAVE

All employees covered by this Agreement will accrue sick leave at the rate of fifteen (15) days per year with accumulation up to one hundred eighty (180) days.

ARTICLE VIII

SICK LEAVE BUY BACK

When a nurse's service is terminated through retirement (which occurs immediately following resignation from Scituate), resignation or death, the nurse or, in the event of death, the estate, shall be paid eighty-five dollars ($85.00) each day of unused sick leave accumulated in excess of ninety (90) days. This provision requires that a nurse shall notify the Superintendent in writing ninety days prior to the retirement date. Nurses who resign for purposes other than retirement must provide written notification to the Superintendent at least thirty days prior to the separation date to be eligible for this provision.

ARTICLE IX

SENIORITY

Seniority shall be determined by the length of uninterrupted service from the date of the School Committee's vote to hire a nurse or the first day of service in the bargaining unit whichever comes first. Ties in length of service will be resolved by lottery. A system-wide seniority list shall be established for force reduction. If a reduction in force occurs, primary consideration shall be given to qualifications and ability. If the qualifications and ability are equal, seniority shall govern. Seniority shall prevail for vacation selection within a given school. All open positions will be posted for a period of five (5) working days. Qualifications, merit, and past performance will be considered in determining transfers and promotions. If these factors are equal, seniority will prevail.

ARTICLE X

HOURS OF WORK

The work day for full time school nurses shall be the work day for teachers in the school to which they are assigned. Nurses will have a lunch period equivalent to that of teachers, but they will remain on call during that time, in case of need for their services or emergency situations.

ARTICLE XI

MATERNITY / PATERNITY LEAVE

Nurses shall be entitled to the maternity and paternity leave benefits as set forth in Article XII, §1.6 and Article XIII, §1.3 of the teachers' contract.

ARTICLE XII

PROFESSIONAL LEAVE

With the prior approval of the Superintendent of Schools, nurses will be provided with leave with pay to attend professional conferences (day conferences only) which are held in Massachusetts.

ARTICLE XIII

WORK YEAR

A work year shall be the same as teachers, beginning September 1 and terminating no later than June 30, and shall in no event be longer than 184 days, and the last day shall not be a Monday.

ARTICLE XIV

GRIEVANCE AND ARBITRATION PROCEDURE

A grievance is a dispute between the parties which specifically relates to the application or meaning or interpretation of a specific provision(s) of this Agreement. Any grievance which may arise between the parties shall be settled in the following manner.

ADJUSTMENT OF GRIEVANCES

STEP 1:

The Association representative, with or without the aggrieved employee, shall take up the grievance or dispute in writing with the employee's immediate supervisor within three (3) working days of the date OF the grievance or his/her knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the Association representative within three (3) working days.

STEP 2:

If the grievance has not been settled by the immediate supervisor within three (3) working days, it shall be presented in writing to the Superintendent of Schools within three (3) working days after the immediate supervisor's response is due. The Superintendent shall respond to the Association representative in writing within three (3) working days.

STEP 3:

If the grievance still remains unadjusted, it shall be presented to the School Committee in writing within five (5) working days after the response of the Superintendent of Schools   is due. The School Committee shall respond in writing within five (5) working days, or   by the second regularly scheduled meeting.

STEP 4:

If the grievance is still unsettled, either party may, within fifteen (15) days after the reply of the School Committee is due, by written notice to the other, request arbitration.

The services of the American Arbitration Association shall be utilized for purposes of arbitration of disputes over the interpretation or application of the terms of this agreement as provided in Chapter 150E of the General Laws as amended.

The cost of the arbitrator's services and proceedings shall be borne equally by the employer and the Association. If either party desires a verbatim record of the proceeding, it may cause such a record to be made, providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. The decision of the arbitrator will be final and binding on both parties.

Grievances involving disciplinary action shall be processed beginning at the third (3) step. If the case reaches arbitration, the arbitrator shall have the power to direct a resolution of the grievance up to and including restoral to the job with all compensation, and privileges that would have been due the employee.

ARTICLE XV

MISCELLANEOUS

Representatives of the Association may enter the premises of the Committee after requesting and receiving permission of the building Principal. It is agreed that such representatives will not interfere with the performance of duties assigned to the employee.

The Committee will furnish the Association a list showing the sick days accumulated by each employee on or before February 1 of each year.

Employees shall have access to their personnel files. As each new entry is made, the employee will be furnished a copy of entry.

Nurses retiring at the end of an academic year are respectfully requested to notify the Superintendent of Schools by December 1st of the year immediately preceding the date of retirement.

ARTICLE XVI

CHECKOFF

The Committee hereby accepts the provisions of Section 17C of Chapter 180 of the General Laws of Massachusetts, and, in accordance with, shall certify to the Town Treasurer all payroll deductions for the payment of dues to the Association duly authorized by employees covered by this Agreement.

ARTICLE XVII

MILEAGE

All employees covered by this Agreement shall receive a mileage allowance as follows. Those nurses who work full time in one school shall receive a one hundred and fifty ($150.00) dollar mileage allowance annually. Those nurses who work full time and serve more than one school shall receive a two hundred and fifty ($250.00) dollar mileage allowance annually. To the extent that a nurse's actual mileage for travel between schools exceeds the amount provided for by the flat rate set forth herein, they may submit said mileage for reimbursement at the rate approved for town employees.

ARTICLE XVII

LONGEVITY

Longevity compensation shall be paid between the first and fifteenth of December according to the following schedule:

Ten              (10) years of service - $500 yearly

Fifteen         (15) years of service - $550 yearly

Twenty        (20) years of service - $600 yearly

Any employee who leaves their employment prior to the end of a full year will be paid the longevity for that year on a prorated basis.

ARTICLE XIX

DURATION

This Agreement shall be effective for the duration of the Agreement to which this APPENDIX G is attached. This document constitutes the entire Agreement between the parties for the term hereof as to all matters subject to collective bargaining under the laws of the Commonwealth of Massachusetts.

ARTICLE XX

SAVING CLAUSE

If any provision of this Agreement is, or shall at any time be, contrary to law, then such provision shall not be applicable or performed, endorsed, except to the extent permitted by law and substitute action shall be subject to appropriate consultation and negotiation with the Association.

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

ARTICLE XXI

AGENCY FEE

Agency service fee equal to the cost of Association dues shall be deducted from each employee.

ARTICLE XXII

RESOLUTION OF DIFFERENCE BY PEACEFUL MEANS

The Association and the Committee agree that differences between the parties shall be settled by peaceful means as provided within this Agreement. The Association, 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 XXIII

SUMMER WORK

Notwithstanding any other provision of this Agreement to the contrary, it the Committee assigns a nurse to work during times other than the regular work year, the nurse shall be paid an hourly rate to be determined by dividing the nurse's annual salary by 184 days divided by 7 hours.

ARTICLE XXIV

PROFESSIONAL DEVELOPMENT

The Committee will reimburse each nurse who takes a professional development course(s) which have been approved in advance by the Superintendent, up to $725 during contract year provided money for said purpose is available in the school budget. This is inclusive of seminars, workshops and continuing education opportunities as required by the State of Massachusetts Board of Nursing.

ARTICLE XXV

ACCOMPANYING STUDENTS TO HOSPITAL AND HOME VISITS

Nurses will be responsible for accompanying students to the hospital and remaining with said students until a parent or other responsible adult designated by the student's parents arrives at the hospital.

Nurses will perform home visits when it is necessary to do so.

ARTICLE XXVI

REIMBURSEMENT FOR RELICENSURE

The School Committee will reimburse each nurse for the $100 relicensing fee paid by that nurse to the Massachusetts Department of Education for the renewal of her/his license pursuant to 603 CMR 7.11(2).

APPENDIX H

TEACHER EVALUATION

HANDBOOK

SCITUATE PUBLIC SCHOOLS

SCITUATE, MASSACHUSETTS

Date Adopted: __________________________

TABLE OF CONTENTS

Philosophy of Evaluation

53

Evaluation Process

54

Evaluation Procedure and Timetable

55

Suggestions for Alternate Evaluation Plan (AEP)

57

Principles of Effective Teaching

59

Teacher Evaluation Form

64

Summative Report Teacher Evaluation Form

65

Teacher Observation Report Form

66

Alternate Evaluation Plan (AEP) Proposal

67

Alternate Evaluation Plan (AEP) Teacher Final Report

68

Alternate Evaluation Plan (AEP) Evaluator's Final Report

69

PHILOSOPHY OF EVALUATION STATEMENT

Scituate Public Schools is committed to continuous learning and improvement for one and all. The purpose of the Teacher Evaluation System within the Scituate Public Schools is to enhance and support learning for students and staff. Supervision and evaluation is a collegial process that offers staff at all experience levels the opportunity to set goals, establish a plan for achieving these goals, receive feedback and support, and engage in reflection and self-study. The evaluation process is designed to support high quality instruction using the Massachusetts Curriculum Frameworks and Massachusetts Principals of Effective Teaching. It also serves as a celebration and resource for best practices within the district.

EVALUATION PROCESS

The evaluation instrument and procedure shall be distributed to each teacher prior to any evaluation of that teacher.

The "Goal-Setting Conference", "Observation", "Evaluation" and "Post Conference" shall constitute the Evaluation Process for teachers, department chairpersons, and curriculum leaders. These terms are defined as follows:

Goal Setting Conference

A meeting between the evaluator and evaluatee to discuss general and specific goals and objectives of the individual teacher.

Observation

Actual class visitation by the evaluator.

Evaluation

Written assessment of the teaching performance as included in the Teacher Evaluation Instrument.

Post Conference

A meeting between the evaluator and the evaluatee to discuss the overall performance of the teacher. Time element: within ten (10) school days after observation(s) and evaluation.

For the evaluation of all professional employees: classroom teachers, specialists, physical education teachers, curriculum leaders, teachers of speech therapy, remedial reading, remedial education, special education, school librarians, department chairpersons, school psychologist, school social worker, and pre-kindergarten teacher - - there will be a goal-setting conference, observations, post-observation conferences, and one final evaluation and conference.

Observations may be announced or unannounced to the person being observed.

All observation reports will be discussed at a post-observation conference within ten (10) school days after all observations.

The final evaluation conference will include the teacher and all the observers of that teacher.

A teacher may attach a rebuttal statement to his/her observation report and evaluation report. Copies of the rebuttal statement must be submitted by the teacher to the observer(s) and the Superintendent of Schools within one (1) month of the final conference.

EVALUATION PROCEDURE AND TIMETABLE

A.        Secondary Level (Grades 7-12)

1.         Faculty Members without Professional Teacher Status

A Faculty member without Professional Teacher Status will have minimally two "Observation Reports" prepared by the Department Chairperson and/or his/her Principal/Assistant Principal. The administrator will incorporate these "Observation Reports" into the "Teacher Evaluation". The process will be completed by May 15.

2.         Faculty Members with Professional Teacher Status

A faculty member with Professional Teacher status will be observed minimally twice during the school year. The "Observation Reports" and "Teacher Evaluation" will be prepared by the supervisor(s) of the teacher. The process will be completed by May 1st (see Dl). Faculty members with professional teacher status may opt out of mis evaluation procedure choosing the AEP (see C below).

B.         Elementary Level (Grades K-6)

1.         Faculty Members without Professional Teacher Status

Same procedure as "Secondary Level Faculty Member without Professional Teacher Status" with the following exception:

A faculty member without Professional Teacher Status, without a Department Chairperson, will have minimally two "Observation Reports" and the "Teacher Evaluation" prepared by his/her Principal.

2.         Faculty Members with Professional Teacher Status

Same procedure as "Secondary Level Faculty Member with Professional Teacher Status" with the following exception:

A faculty member with Professional Teacher Status, without a Department Chairperson, will have both "Observation Reports" and the "Teacher Evaluation" prepared by his/her principal. The process will be completed by May 1st. Faculty members with professional teacher status may opt out of this evaluation procedure choosing the AEP (see C below).

C.         Alternative Evaluation Plan (AEP) for Professional Status Teachers Only

This is an alternative to summative/evaluation process. Teachers will discuss pursuing this option during their goal-setting conference at the beginning of year with their evaluator.

The purpose of the alternative option is not only to promote professional growth but also to encourage collaboration and sharing. Prior to October 1st of the AEP year, the staff member and the evaluator(s) will confer and establish professional growth goal(s). Prior to October 15th, the staff member will develop and submit an "AEP Proposal Form" (see page Y) which contains the following information:

                      The proposal (see list of suggestions).

                      The goals of the proposal.

                      The actions or procedures the staff members will follow to accomplish the goal.

                      A time line.

                      What evidence the staff member will provide to show completion of the proposal.

                      What type of support, if any, might be needed to complete the proposal (materials, time, staff development meetings).

During the course of this year, the evaluator(s) may make observations and hold conferences. When the activities have been completed, the staff member will confer what the primary evaluator(s) and submit a final AEP teacher written report (see page 17) by April 1st. Evaluator and teacher should meet regularly to discuss progress and amendments. Evaluator must sign-off on amendments. The evaluator submits the "AEP Evaluator's Final Report" (see page 18) by May 1st.

D.        Other General Guidelines

1.                  Teachers with Professional Teacher Status will be evaluated at least once every two years. However, the administration reserves the right to evaluate any teacher with Professional Teacher Status annually.

2.                  Principals will complete the evaluation process of Department Chairperson and Curriculum Leaders by May 1st.

3.                  The Superintendent and the Assistant Superintendent of Curriculum, Instruction and Staff Development may observe and evaluate any staff member. The Director of Special Needs may observe and evaluation any special education staff member involved in the development and/or implementation of an Individual Education Plan.

4.                  A staff member (with or without Professional Teacher Status) assigned to more than one school will have the "Observation Reports" and "Teacher Evaluation" prepared by the designated supervisor(s).

SUGGESTIONS FOR AN ALTERNATE EVALUATION PLAN (AEP)

Note: Most of these suggestions can be tailored to fit staff members' needs and desires.

                      Peer Observation: Teachers agree to observe each other's classes several times during the year and provide and receive feedback important to their goals.

                      Study Groups: Teachers meet with colleagues in groups to learn new strategies, experiment with these strategies and share the results of their experiments, and to problem solve. Study groups can be developed to feature content which would support a teacher's goals.

                      Field Based Research: A teacher develops a hypothesis and a research project to test that hypothesis. A teacher might propose the hypothesis that the use of cooperative learning strategies will improve student achievement in U.S. history. The teacher can then identify a section or sections in which to use the strategy and measure student achievement. Findings could be briefly presented in a paper and discussed with other teachers.

                      Analysis of a Portfolio of Artifacts: A teacher could develop a file of appropriate artifacts/document in order to analyze certain relationships, such as between the instructional strategies used and student achievement. A final report could be prepared and shared with other teachers.

                      Preparing and Presenting a Staff Development Program: A teacher with interest and expertise in a particular area of instruction could develop and present a program on the topic to other interested staff. The presentation should include what participants will know or be able to do as a result of participating in the program, why it is important to learn it, and how it relates to student learning.

                      Preparing and Presenting a Parent Education Program: This is similar to the development of a staff development program, but specifically designed to attract parents. Topics such as how to help children with their homework or how to help children become better readers are only two of many possibilities.

                      Team Teaching with an Administrator, Principal or Another Professional: The "team" would create, teach, and evaluate an integrated unit of instruction. All involved share responsibility and work together to assess the unit by identifying its problems and successes.

                      Self-Analysis of Videotapes: A teacher could videotape several lessons during the course of the year, analyze the lessons, and write up an assessment on the effectiveness of each.

                      Mentoring: A teacher could develop and/or extend mentoring relationships throughout the school. The mentoring process should include observing the new teacher at several points during the year, providing feedback, being observed by the new teacher, and holding frequent discussions about teaching.

                      Curriculum or Instructional Strategy Development: A group of teachers could develop and then pilot a substantively new curriculum based on state and/or local goals or requirements. A thorough process of assessing the pilot program must be prepared, implemented, and written up. Or the teachers could apply an instructional strategy such as cooperative learning to a new curriculum or to where it has not been previously used. A plan to assess the effectiveness must be prepared, implemented, and written up.

                      Course Work: A teacher could participate in substantive in-service processional development and/or take a course.

                      Submission of Articles for Publication: A teacher could prepare and present one or more articles in instruction and/or curriculum for publication in professional journals.

                      Other: (Subject to administrative review and approval) Such as walk-throughs, lesson study (collaborative working on lesson plans, implementing and evaluating).

PRINCIPALS OF EFFECTIVE TEACHING AND EXAMPLES OF DESCRIPTORS

From the Massachusetts Department of Education, April 2004

I.          CURRENCY IN THE CURRICULUM

A.        The teacher is up to date regarding curriculum content

1.                  Demonstrates a working knowledge of the core curriculum of the teacher's assignment.

2.                  Frames curriculum around essential questions in the discipline that provide opportunities for reasoning, logic, analysis and synthesis when planning units, lessons, and assessments.

3.                  Keeps current in the field and applies knowledge to the instructional program.

4.                  Contributes to the ongoing evaluation of the curriculum.

II.         EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.        The teacher plans instruction effectively.

1.                  Has a personal vision of committed, confident learners and uses that vision to guide learning goals, expectations, and standards for student work.

2.                  Sets short-term and year-long goals for curricular units which derive from unifying themes of fundamental importance to students' present or future lives.

3.                  Identifies individual and group needs and plans appropriate strategies, including those that involve the use of up-to-date technologies, to meet those needs.

4.                  Uses materials and resources, including technologies that are appropriately matched to curricular goals and to students' needs and learning styles.

5.                  Frames curriculum around students' own prior knowledge and experience and identifies prerequisite skills, concepts, and vocabulary that are important for students to know in order to be successful at a task.

6.                  Seeks out and collaborates with school-based specialists, resource personnel, including technology specialists, and administrators to better design curricula or instructional modifications to meet the special learning needs of students and support all students to learn and apply a challenging core curriculum.

7.                  Plans engaging ways to introduce each unit of study.

8.                  Plans frequent instructional opportunities where students are interacting with ideas, materials, teachers and one another.

9.                  Designs curriculum experiences in which students take increasing responsibility for their own learning.

10.              Integrates the teaching of reading, listening, writing, speaking, viewing and the use of appropriate learning tools (e.g., calculators, computers, etc.) within the discipline.

B.         The teacher plans assessment of student learning effectively.

1.                  Determines specific and challenging standards for student learning.

2.                  Develops and uses authentic assessment which describes a student's learning process as well as his/her learning achievements.

3.                  Incorporates time for individual and interactive reflection including response journals, debriefings and group discussions.

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

1.                  Regularly uses a variety of formal and informal authentic assessments of students' achievement and progress for instructional revisions and decision-making.

2.                  Implements evaluation procedures which appropriately assess the objectives taught.

3.                  Communicates student progress to parents, students and staff members in a timely fashion using a range of information including portfolios, anecdotal records and other artifacts.

4.                  Prepares and maintains accurate and efficient record-keeping systems of the quality and quantity of student work.

5.                  Uses individual and group data appropriately; maintains confidentiality concerning individual student data and achievement.

III.       EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

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

1.                  Implements instructional opportunities where students are interacting with ideas, materials, teachers and one another.

2.                  Implements curriculum experiences in which students take increasing responsibility for their own learning.

3.                  Demonstrates an openness to student challenges about information and ideas.

4.                  Uses classroom time and classroom space to promote optimal learning.

5.                  Understands principles and patterns of child growth and development and uses this knowledge in working with students.

6.                  Establishes classroom procedures that maintain a high level of students' time-on-task and that ensure smooth transitions from one activity to another.

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

1.                  Maintains systematic approach to discipline by establishing and administering a consistent and fair set of rules supporting appropriate expectations.

2.                  Manages routines effectively.

3.                  Maintains appropriate professional boundaries with students.

4.                  Serves as a positive role model for students.

IV.       EFFECTIVE INSTRUCTION

A.        The teacher makes learning goals clear to students.

1.                  Makes connections between concepts taught and students' prior knowledge and experiences.

2.                  Regularly checks for students' understanding of content and concepts and progress on skills.

3.                  Identifies confusions and misconceptions as indicated by student responses and regular assessment strategies. Remediates, reteaches, or extends teaching to meet individual and/or group need.

4.                  Communicates clearly in writing and speaking, using precise language.

5.                  Understands and shows students the relevance of the subject to life-long learning.

B.         The teacher uses appropriate instructional techniques.

1.                  Uses a variety of teaching strategies, including cooperative, peer and project-based learning; audio-visual presentations, lecture, discussions and inquiry, practice and application; and the teaching of others.

2.                  Provides options for students to demonstrate competency and mastery of new material, including written work, plays, art work, oratory, visual presentations, exhibitions and portfolios.

3.                  Uses a variety of appropriate materials in order to reinforce and extend skills, accommodate learning styles and match instructional objectives.

4.                  Causes students to become cognitively active in summarizing important learnings and integrating them with prior knowledge.

5.                  Demonstrates working knowledge of current research on optimum means for learning a particular discipline.

C.         The teacher uses appropriate questioning techniques.

1.                  Uses a variety of questioning techniques, including those which encourage and guide critical and independent thinking and the development of ideas.

2.                  Presents information recognizing multiple points of view; encourages students to assess the accuracy of information presented.

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

1.                  Regularly tries innovative approaches to improve instructional practices.

2.                  Continually evaluates, tries innovative approaches and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence about learning.

3.                  Assesses instructional strategies in authentic ways by comparing intended and actual learning outcomes.

V.        PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

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

1.                  Regularly communicates objectives or learning outcomes to students.

2.                  Regularly provides feedback to students on their progress on goals and objectives.

3.                  Communicates standards, expectations and guidelines regarding quality and quantity of students' work, work procedures and interpersonal behavior to students and parents.

4.                  Responds to students' answers and work so as to keep students open, thinking, and willing to take risks and to persevere with challenging tasks.

5.                  Models the skills, attitudes, values and processes central to the subject being taught.

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

1.                  Uses prompt feedback and student goal setting in order to increase student motivation and ownership of learning.

2.                  Develops and supports students' awareness of themselves as learners and their ability to overcome self-doubts associated with learning and take risks.

3.                  Nurtures students' eagerness to do challenging work and provides incentive, interest and support for students to take responsibility to complete such tasks successfully.

4.                  Acts on the belief that all students can learn and that virtually all can master a challenging core curriculum with appropriate modifications of instruction.

5.                  Encourages and supports students to believe that effort is a key to high achievement and acknowledges and values student work, study and inquiry.

6.                  Regularly identifies students needing extra help and secures student cooperation and participation in extra help sessions.

7.                  Identifies students who are not meeting expectations and develops a plan that designates the teacher's and the student's responsibilities regarding learning.

8.                  Demonstrates attitudes of fairness, courtesy and respect that encourage students' active participation and commitment to learning.

9.                  Builds positive relationships with students and parents to enhance students' abilities to learn effectively.

10.              Recognizes and responds appropriately when an individual student is having social and/or emotional difficulties which interfere with learning and/or participation in class.

VI.       PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

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

1.                  Provides opportunities to include all students in the full range of academic programs and activities and extra-curricular activities.

2.                  Addresses the needs of diverse student populations by applying and adapting constitutional and statutory laws, state regulations and Board of Education policies and guidelines.

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

1.                  Demonstrates sensitivity to differences in abilities, modes of contribution, and social and cultural backgrounds.

2.                  Develops and implements educational and organizational strategies that are effective in meeting the needs of a diverse student body.

3.                  Functions effectively in a multi-lingual, multi-cultural and economically diverse society.

VII.      FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

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

1.         Keeps parents informed of student's progress and works with them, in culturally appropriate ways, to aid in the total development of the student.

2.         Maintains professional boundaries with parents.

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

1.                  Maintains professional boundaries with colleagues.

2.                  Works constructively with others to identify school problems and suggest possible solutions.

3.                  Works collaboratively with other staff in planning and implementing interdisciplinary curriculum, instruction and other school programs and shares expertise and new ideas with colleagues.

4.                  Participates in student or school activities.

5.                  Cooperates with other teachers about students' overall work load.

C.        The teacher is a reflective and continuous learner.

1.                  Reflects about and acts on what students need to know and be able to do and about what the teacher can do to foster learning.

2.                  Uses available resources to analyze, expand, and refine professional knowledge and skills; resources can include professional organizations, academic course work, school-based staff, administrative and community resources, and other colleagues.

3.                  Participates in activities that demonstrate a commitment to the teaching profession.

4.                  Seeks out information in order to grow and improve as a professional.

5.                  Is receptive to suggestions for growth and improvement.

SCITUATE PUBLIC SCHOOLS

Scituate, Massachusetts

TEACHER EVALUATION COVER SHEET

Name of Teacher: ________________________ Date: ________________________

Completed Years of Experience in Scituate School System: ________________________

Total Years of Teaching Experience: ________________________

Certification(s) you now hold: ________________________

______________________________________________________________________________

Present Teaching Assignment: ______________________________________________

Subject area(s) or grade(s) you have taught in Scituate: ________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Contributions to School Culture and Climate:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Professional Growth and Development: ________________________

SUMMATIVE REPORT TEACHER EVALUATION

Name of Teacher: ________________________ Date: ________________________

For numbers I to VII, the Evaluator may choose to write a comment under each subheading or provide a summary for indicators I to VII.

I.                    Currency in the Curriculum

II.                  Effective Planning and Assessment of Curriculum Instruction

III.               Effective Management of Classroom Environment

IV.               Effective Instruction

V.                 Promotion of High Standards and Expectations for Student Achievement

VI.               Promotion of Equity and Appreciation of Diversity

VII.            Fulfillment of Professional Responsibilities

VIII.          Commendations

IX.               Recommendations

Status

Please check one space:

( ) Based upon evaluation, recommended for continuing teaching employment

( ) Based upon staffing needs, there are no positions available.

( ) Based upon evaluation, not recommended for additional teaching employment.

________________________                                              _______________________

Signature of Teacher                                                 Signature of Evaluator

________________________                                               ________________________

Date                                                                          Date

TEACHER OBSERVATION REPORT

Name of Teacher: ________________________ Date of Observation: ____________________

School: ________________________ Subject: ________________________

Level: ________________________ Time of Observation: ________________________

Student Learning Objectives:

Summary of the Visit:

Commendations/Recommendations:

________________________                                              _______________________

Signature of Teacher                                                 Signature of Evaluator

________________________                                               ________________________

Date                                                                          Date

The signature on this report indicates that the employee has read and understood the assessment and has discussed it with the evaluator. It does not necessarily imply agreement.

ALTERNATE EVALUATION PLAN (AEP)

PROPOSAL

Name of Teacher: ________________________________________________

School: ________________________ Date: ________________________

PROPOSAL:

GOALS: State the goals of the proposal.

ACTIONS: State the actions or procedures planned to accomplish the goals.

TIMELINE: State the timeline for completion.

EVIDENCE: Describe the evidence to be provided to demonstrate completion.

ADMINISTRATIVE SUPPORT: Indicate, if any, the type of support (materials, time, staff development) which might be needed from the administration to complete the proposal.

Date of Conference: _________________________________

________________________                                              _______________________

Signature of Teacher                                                 Signature of Evaluator

________________________                                               ________________________

Date                                                                          Date

The signature on this report indicates that the employee has read and understood the assessment and has discussed it with the evaluator. It does not necessarily imply agreement.

ALTERNATIVE EVALUATION PLAN (AEP)

TEACHER FINAL REPORT

Name of Teacher: ________________________________________________

School: ________________________ Date: ________________________

A.        Summary of Project (goals, evidence collected...):

B.         Findings/Learings (results):

C.        Reflection/Evaluation:

________________________                              ________________________

Signature of Teacher                                              Date

ALTERNATE EVALUATION PLAN (AEP)

EVALUATOR'S FINAL REPORT

Name of Teacher: ________________________________________________

School: ________________________ Date: ________________________

Summary:

Commendation:

Recommendation:

________________________                                              _______________________

Signature of Teacher                                                 Signature of Evaluator

________________________                                               ________________________

Date                                                                          Date

The signature on this report indicates that the employee has read and understood the assessment and has discussed it with the evaluator. It does not necessarily imply agreement.

APPENDIX I

SCITUATE PUBLIC SCHOOLS COACHES EVALUATION REPORT

Name of Coach ________________________

Sport ________________________

Position ________________________

Season ________________________

 

PROFESSIONAL QUALITIES

Commendable

Meets Expectation

Needs Improvement

Does Not Apply

A.

Adheres to district & school philosophy and policies

 

 

 

 

B.

Knowledge of the game

 

 

 

 

C.

Keeps current with new developments (i.e. school policy, MIAA rules and regulations, etc.)

 

 

 

 

D.

Demonstrates Professional Growth (i.e. coaching clinics, membership in professional organizations, etc.)

 

 

 

 

 

 

COACHING TECHNIQUES

Commendable

Meets Expectation

Needs Improvement

Does Not Apply

 

Note: The evaluator must conduct at least two formal evaluations of practice sessions during the season. However, information attained from informal observations should also be used to complete this section.

A

Imparts knowledge to team

 

 

 

 

B

Imparts skills to team

 

 

 

 

C

Imparts spirit to team

 

 

 

 

D

Develops sense of responsibility in athletics

 

 

 

 

E

Instills respect for others

 

 

 

 

F

Instills teamwork ethic

 

 

 

 

 

 

ADMINISTRATIVE DUTIES

Commendable

Meets Expectation

Needs Improvement

Does Not Apply

A

Physicals

 

 

 

 

B

Parent Permission

 

 

 

 

C

Team lists

 

 

 

 

D

Locker room control (neatness & supervision)

 

 

 

 

 

E

Equipment (issue-care-collect)

 

 

 

 

 

F

Inspection of appropriateness of playing facility

 

 

 

 

 

G

Award lists

 

 

 

 

 

H

Accident reports

 

 

 

 

 

I

Budget requests

 

 

 

 

 

J

Evaluate assistant coaches w/Athletic Director

 

 

 

 

 

K

Monitor and encourage educational progress of student athletes

 

 

 

 

 

 

TEAM MANAGEMENT

Commendable

Meets Expectation

Needs Improvement

Does Not Apply

A

Practice

 

 

 

 

B

Games

 

 

 

 

C

Sideline decorum at games with players

 

 

 

 

D

Sportsmanship

 

 

 

 

 

 

RELATIONSHIPS WITH

Commendable

Meets Expectation

Needs Improvement

Does Not Apply

A

Team

 

 

 

 

B

Coaching Staff

 

 

 

 

C

School Personnel

 

 

 

 

D

Parents

 

 

 

 

 

 

COMMUNICATIONS

Commendable

Meets Expectation

Needs Improvement

Does Not Apply

A.

Public relations, (radio, newspapers, Service clubs Fraternal groups

 

 

 

 

Note: Comments must be made to explain and address each "needs improvement" rating.

Comments for outstanding performance are also encouraged.

COMMENTS ________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Successful

Needs

Overall Rating:    Improvement

Unsatisfactory

This report represents the evaluator's best judgment of the coach's performance for Scituate Public Schools.

Evaluator's Signature                                                                      Date

____________________________________________________________________

Principal's Signature                                                                       Date

I have reviewed this report and I have been given the opportunity to discuss it with my evaluator. My signature does not necessarily mean I agree with the evaluation.

Coach's Signature                                                                              Date

____________________________________________________________________