Somerville

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DistrictSomerville
Shared Contract District
Org Code2740000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentMOA
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyMiddlesex
ESE RegionGreater Boston
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools11
Enrollment4842
Percent Low Income Students68
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Somerville

 

 

 

December 20, 2011

MEMORANDUM OF AGREEMENT

BETWEEN

THE SOMERVILLE SCHOOL COMMITTEE

AND

THE SOMERVILLE TEACHERS ASSOCIATION, UNIT A

FOR A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT

COMMENCING SEPTEMBER 1, 2011

ARTICLE REFERENCES ARE TO THE AGREEMENT BETWEEN THE PARTIES THAT EXPIRES ON AUGUST 31, 2011. ALL PROVISIONS SHALL BE EFFECTIVE AS OF SEPTEMBER 1, 2011, EXCEPT AS SPECIFIED BELOW.

Italicized language indicates an insertion.

Article IV - Salaries and Other Compensations

A.        Page 9. Section B. Salary Schedules. Paragraph 1: Effective September 1, 2011, increase salaries across-the-board by two and one-half (2.5) percent.

B.        Page 12, Section G. Longevity Plans, Paragraph 3: Amend to provide that a teacher who has received supplemental longevity and still is employed by the Somerville school district will be made eligible again to receive regular longevity at the start of the third (3rd) school year following the last school year in which the teacher received supplemental longevity.

C.        Pages 12-13, Section H, Other Adjustments. Paragraph 1: Rewrite as follows:

"If a salary increase is to become effective as of the beginning of a school year, a teacher who has given notice of retirement as of October 1 of the school year of his/her retirement shall receive said increase as of the January immediately preceding the effective date of said salary increase, payable in a lump sum at the time of retirement, provided that the teacher is fifty-five (55) years old and has thirty (30) years of service, and provided further that the teacher severs his/her employment no earlier than June  30  of the school year of his/her retirement and no later than August 31 immediately thereafter."

Article V - Teaching Hours and Teaching Load

A.        Page 15, Section D, Early Release Days/Preparation Time. Paragraph 2(a):

1.        Effective September 1, 2012, reduce the number of early release days from fifteen (15) to thirteen (13). The School Committee, upon the recommendation of the Superintendent after s/he has consulted with the Association President, will determine annually, ordinarily during the process of developing the school calendar, which two (2) early release days will be eliminated during the school year, provided that there shall be at least one (1) early release day during each month between September and the following June.

B.        Page 14, Section C, Extended Days. Paragraph 1: Insert a new sentence as follows:

''Effective September 1, 2012, elementary school teachers may be required to remain after the student dismissal time, without additional compensation, for up to a total of twenty-two and one-half (22.5) hours each school year to attend teacher meetings, curriculum study, workshops, or other constructive educational projects which shall hereinafter be held after regular school hours."

C.        Page 17. Section F. Teaching Load. Paragraph 3(f), Guidelines for Schedule: Establish a Joint Study Committee, consisting of four (4) representatives of the Association and four (4) representatives of the School Committee, to make a joint recommendation to the School Committee concerning a new schedule for Somerville High School to provide for the inclusion of an advisory period, to take effect September 1, 2012. The Joint Study Committee will complete its work prior to March 1, 2012, and will submit its joint recommendation to the parties' respective Negotiating Committees for negotiations and ratification by April 15, 2012. In the event that the parties do not ratify a new schedule by April 15, 2012, the current schedule will remain in effect.

Article XI - Teacher Evaluation

A.       Pages 32-35: Amend to provide for the establishment of a Joint Study Committee, consisting of four (4) representatives of the Association and four (4) representatives of the School Committee, to analyze and develop a new evaluation instrument and procedure, consistent with 603 CMR 35.00, et seq., as amended. The Joint Study Committee will complete its work prior to April 1, 2012, and will submit its joint recommendation to the parties' respective Negotiating Committees for negotiations and ratification by May 15, 2012.

Article XV — Professional Development and Educational Improvement

A.        Pages 39-40. Paragraph J, In-Service Offerings for Professional Development Points:

Establish a Joint Study Committee, consisting of four (4) representatives of the Association and four (4) representatives of the School Committee, to develop a professional development needs assessment to be conducted in the Spring of 2012 so that the results may be considered in determining the professional development opportunities that will be made available by the School Committee to bargaining unit members to assist them in satisfying the requirements of G.L. c. 71, §38G relative to maintaining their educator licenses.

New Article — Resignation

A.        Insert a new article, entitled "Resignation," as follows:

"A bargaining unit member must provide the Superintendent with at least sixty (60) days notice of his/her severance of employment. If a bargaining unit member fails to provide such notice prior to resigning for purposes of retirement, s/he will be ineligible to receive sick leave buyback pursuant to Article XIX(G) of the collective bargaining agreement, provided that the Superintendent may waive the sixty (60) day notice requirement in extenuating circumstances, which decision will not be arbitrary or capricious."

Article LVI - Duration

A.        Page 56: Amend to provide that, except as provided for above, the parties' 2008-2011 collective bargaining agreement will be extended and remain in effect from September 1, 2011 through August 31, 2012, and the parties will return to the bargaining table by no later than two weeks after the date of ratification of this Memorandum of Agreement to enter into negotiations for a successor collective bargaining agreement to commence as of September 1, 2012.

This Memorandum of Agreement is subject to ratification by the Somerville Teachers Association, Unit A and the Somerville School Committee.

SOMERVILLE TEACHERS ASSOCIATION         SOMERVILLE SCHOOL COMMITTEE

_____________________________________          _____________________________________

Date:                                                                                           Date:

2.50%

2011-2012

 

 

 

 

 

 

 

 

BA

BA+15

MA

MA+15

MA+30

MA+45

 

STEPS

 

 

 

 

 

 

 

1

41,157

42,848

44,692

46,095

47,945

49,308

 

2

43,773

45,507

47,517

48,960

50,891

52,316

 

3

46,387

48,160

50,341

51,820

53,838

55,324

 

4

49,003

50,784

53,166

54,656

56,784

58,333

 

5

51,618

53,404

55,990

57,491

59,730

61,341

 

6

54,234

56,012

58,815

60,316

62,677

64,350

 

7

56,850

58,606

61,638

63,108

65,623

67,358

 

8

59,464

61,161

64,463

65,873

68,568

70,367

 

9

62,491

64,104

67,760

69,112

71,649

73,376

 

10

65,711

67,296

71,119

72,452

75,412

77,078

 

11

69,015

70,675

74,419

75,813

78,557

79,906

 

Longevity

 

 

No. of Complete Years:

11 to 18

$1,000

 

19 to 23

$1,300

 

24 to 28

$1,650

 

29 to 33

$3,000

 

34 Plus

$3,250

 

AGREEMENT  BETWEEN

 

 

THE SCHOOL COMMITTEE OF SOMERVILLE

 

 

AND

 

 

THE SOMERVILLE TEACHERS ASSOCIATION

UNIT A

 

 

 

Effective September 1, 2008

 

Expiring August 31, 2011

Extended by MOA to 2012

 

 

 

PREAMBLE

 

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Somerville, and that good morale within the teaching staff of Somerville is essential to achievement of that purpose, we, the undersigned parties to this Collective Bargaining Agreement ("Agreement"), declare that:

 

A.        Under the law of Massachusetts, the School Committee, elected by the citizens of Somerville, has final responsibility for establishing the educational policies of the public schools of Somerville;

 

B.        Under the Education Reform Act of 1993, the superintendent of schools has responsibility for managing the system, and for carrying out the policies so established;

 

C.        Under the Education Reform Act of 1993, the principals are the educational administrators and managers of their schools, and are responsible for supervising the operation and management of their schools and school property, subject to the supervision and direction of the superintendent and consistent with the policies of the School Committee;

 

D.        The teaching staff of the public schools of Somerville has responsibility for providing in the classroom of the schools education of the highest possible quality;

 

E.         Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information among the School Committee, the superintendent, and the teaching staff in the formulation and application of policies relating to wages, hours, and other conditions of employment for the teaching staff; and so,

 

F.         To give effect to these declarations, the following principles and procedures are hereby adopted.

 

ARTICLE I

RECOGNITION

 

A.        The School Committee of the City of Somerville (hereinafter sometimes referred to as the "School Committee") recognizes the Somerville Teachers Association (hereinafter sometimes referred to as the "Association") for the purpose of collective bargaining under M.G.L. Chapter 150E as the exclusive bargaining agent for all professional employees of the School Committee excluding the superintendent, the assistant superintendent of schools, Unit B employees and substitute teachers.  Said recognition is for the following unit of employees:

 

Unit A

Classroom Teachers                                        School Adjustment Counselors

Guidance Counselors                                      Speech-Language Pathologists

Remedial Reading Teachers                           Homebound Teachers

Educational Testers                                         Teachers of the Visually Impaired

Adaptive Physical Education Teachers

 

B.        Except as specifically abridged, delegated, granted or modified by this Agreement or any supplemental thereto, or by M.G.L. Chapter 150E, all of the rights, powers and authority held by the School Committee prior to the effective date of said Agreement are retained by the School Committee and the exercise of said rights, powers and/or authority shall not be subject to the grievance procedure and/or arbitration.

 

ARTICLE II

NEGOTIATION PROCEDURE

 

A.        Except as this Agreement shall hereinafter otherwise provide, all conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement, shall continue to be so applicable during the life of this Agreement.

 

B.        This Agreement incorporates the entire understanding of the parties on all issues, which were or could have been the subject of negotiation.  Except as otherwise expressly provided herein, during the term of this Agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement.

 

C.        This Agreement may not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

 

ARTICLE III

GRIEVANCE PROCEDURE

 

A.        Definitions:

 

1.         A "grievance" is a claim based upon an event or condition which involves the interpretation, meaning or application of any of the provisions of this Agreement or any subsequent Agreement entered into pursuant to this Agreement.  The term "grievance" shall not apply to any matter as to which the School Committee is without authority to act.

 

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

 

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

 

B.        Purpose:

 

1.         The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of persons covered by this Agreement.  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 will 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 having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at such adjustment to state its views.

 

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 may, however, be extended by mutual agreement. In the event that a grievance is filed on or after June 1 which if left unresolved until the beginning of the following school year could result in irreparable harm to a party-in-interest, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

 

1.         Level One:  A teacher with a grievance will first discuss it with his/her principal or immediate superior, either directly or though a representative of the Association, with the objective of resolving the matter informally.

 

2.         Level Two:

 

a.         If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One, or if no decision has been rendered within five (5) school days after presentation of the grievance, s/he may file the grievance in writing with the chairperson of the Association's Committee on Professional Rights and Responsibilities (hereinafter referred to as the "PR&R Committee") within five (5) school days after the decision at Level One or fifteen (15) school days after the grievance was presented, whichever is sooner.  Within five (5) school days after receiving the written grievance, the chairperson of the PR&R Committee will refer it to the superintendent of schools.

 

b.         The superintendent and/or his/her designee will represent the administration at this level of the grievance procedure.  Within ten (10) school days after receipt of the written grievance by the superintendent, the superintendent and/or his/her designee will meet with the aggrieved person in an effort to resolve it.

 

c.         If a teacher does not file a grievance in writing with the chairperson of the PR&R Committee and the written grievance is not forwarded to the superintendent within thirty (30) school days after the teacher knew, or should have known, of the act or condition on which the grievance is based, then the grievance will be considered waived.  A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.

 

3.         Level Three:  If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two, or if no decision has been rendered within five (5) school days after s/he first has met with the superintendent, s/he may file the grievance in writing with the chairperson of the PR&R Committee within five (5) school days after a decision by the superintendent, or ten (10) school days after s/he has first met with the superintendent, whichever is sooner.  Within five (5) school days after receiving the written grievance, the chairperson of the PR&R Committee may refer it to the School Committee.  Within thirty (30) days or two (2) regularly scheduled meetings after receiving the written grievance, the School Committee will meet with the aggrieved person for the purpose of resolving the grievance.

 

            4.         Level Four:

 

a.         If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three, or if no decision has been rendered within ten (10) school days after s/he first has met with the School Committee, s/he may, within five (5) school days after a decision by the School Committee or fifteen (15) school days after s/he first has met with the School Committee, whichever is sooner, request in writing the chairperson of the PR&R Committee to submit his/her grievance to arbitration.  If the PR&R Committee determines that the grievance is meritorious and that submitting it to arbitration is in the best interests of the Somerville school system, it may submit the grievance to binding arbitration within fifteen (15) school days after receipt of a request by the aggrieved person.

 

b.         In the event that either party elects to submit a grievance to arbitration, the arbitrator is to be mutually selected by the School Committee and the Association.  If the School Committee and the Association cannot agree within seven (7) school days after written notice of intention to arbitrate has been received by either party, then the party demanding arbitration shall within five (5) school days thereafter, upon written notice to the other, request the American Arbitration Association to provide a panel of arbitrators, said arbitrator then to be selected under the provision of the Voluntary Labor Arbitration rules.

 

c.         Notwithstanding anything to the contrary, no dispute or controversy shall be a subject for arbitration unless it involves meaning, interpretation or application of the express language of a specific provision of this Agreement.  The arbitrator shall have no power to alter, add to, subtract or modify any provision of this Agreement. 

 

d.         The parties are agreed that no restrictions are intended on the rights and powers of the School Committee except those specifically and directly set forth in express language in specific provisions of this Agreement.  The arbitrator shall arrive at his/her decision solely upon the facts, evidence and contentions as presented by the parties during the arbitration proceedings.

 

e.         In determining whether there is a specific and direct violation of express language of a specific provision of this Agreement, it is agreed that the only criterion to be applied is the plain meaning of express language in the Agreement and that evidence of past practice, past or present policy, oral statements made during negotiations or at any time by either of the parties shall be inadmissible to prove the meaning of express language, and shall not be considered by the arbitrator.

 

f.          The arbitrator shall issue his/her written decision not later than twenty (20) days from the date of the close of the hearing or from the date that final statements and proofs are submitted to him/her.  The decision of the arbitrator shall be submitted to the School Committee and to the Association and, subject to law, shall be final and binding, provided that the arbitrator shall not usurp the functions of the School Committee or the proper exercise of its judgment and discretion under law and this Agreement.

 

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

 

D.        Rights of Teachers to Representation:

 

1.         No reprisals of any kind will be taken by the School Committee or by any member of the administration against any party-in-interest, any building representative, any member of the PR&R Committee or any other participant in the grievance procedure by reason of such participation.

 

2.         Any party-in-interest may be represented at Levels One, Two and Three of the grievance procedure by a person of his/her own choosing, except that s/he may not be represented by a representative or an officer of any teacher organization other than the Association. 

 

When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.  Only the Association or the School Committee, but not individual teachers, may seek to have the Agreement arbitrated, interpreted, applied or enforced through litigation.

 

E.         Miscellaneous:

 

1.         If, in the judgment of the PR&R Committee, a grievance affects a group or class of teachers, the PR&R Committee may submit such grievance in writing to the superintendent directly, and the processing of such grievance will be commenced at Level Two.

 

2.         Decisions rendered at Level One, Two or Three of the grievance procedure will be in writing setting forth the decision and the reasons therefor and will be transmitted promptly to all parties-in-interest and to the chairperson of the PR&R Committee.  Decisions rendered at Level Four will be in accordance with the procedure set forth in Section C, Paragraph 4, Part c.

 

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

 

4.         Forms for filing grievances, serving notices, taking appeals, making reports and recommendations and other necessary documents will be jointly prepared by the superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

 

ARTICLE IV

SALARIES AND OTHER COMPENSATIONS

 

A.        Scope of the Article:  The salary of each teacher in the Somerville school system shall be determined in accordance with the following provisions of this article.

 

B.        Salary Schedules:

 

1.         The salaries of all persons covered by this Agreement are set forth in Appendices A, B and

C, which are appended hereto and made a part hereof. 

 

2.         If a new bargaining unit position is established, or if there are any substantial changes in the duties of any existing bargaining unit positions, the School Committee will negotiate with the Association regarding possible modification in salary for such positions.

 

C.        Placement:

 

1.         Effective September 1, 2004, for purposes of the initial lane placement of teachers who are new to the school district (i.e., those who have not been employed previously for any period of time in the school district), the School Committee will accept graduate level courses that were satisfactorily completed by the teacher prior to his/her employment with the school district.

 

a.         The initial salary of each teacher who has been employed as a teacher in another public school system in Massachusetts and is entering employment in the Somerville school system shall be consistent with the step and lane of the Basic Salary Schedule, which, with the exception of vocational teachers and those teachers described below, shall not exceed Step 11 of the Salary Schedule. 

 

b.         The initial salary of each teacher who has been employed as a teacher in a public school system outside of Massachusetts, in an approved private school, whether in or outside of Massachusetts, or a person who has prior educational experience, and is entering employment in the Somerville School system shall be consistent with the step and lane of the Basic Salary Schedule up to Step 5 of the Salary Schedule, but shall not exceed Step 5 without the written approval of the superintendent.

 

c.         The initial salary of each entering teacher other than those described above shall be determined by the superintendent but shall not exceed Step 5.  

 

2.         Except as provided in the following sentence, vocational and shop teachers with no degree shall be considered to have the equivalent of a bachelor’s degree for salary schedule purposes because of the required trade and technical training prior to being eligible for teacherships.  Vocational and shop teachers with fifteen (15) credits beyond an associate’s degree will be considered to have the equivalent of fifteen (15) credits beyond a bachelor’s degree for salary schedule purposes.  Vocational and shop teachers with an earned bachelor’s degree shall be paid on the master’s schedule.

 

A teacher who severs his/her employment during the term of the Agreement and is reemployed during the term of the Agreement shall be placed on the appropriate level in relation to his/her last placement on the Salary Schedule, and will not be considered to be a new employee for purposes of this provision. 

 

D.        Mode of Compensation:

 

1.         The School Committee shall provide a salary statement to be given to every teacher on the first payday in September.  This shall include the status of the individual teacher's sick leave.

 

2.         Teachers shall be paid in twenty-one (21) bi-weekly installments; however, the last payment in June will be due within five (5) days after the close of the payroll period, but in no event later than June 30, except that the School Committee may hold individual paychecks for adjustments when a teacher may be owing money.  Paychecks will be placed in windowed envelopes.

 

E.         Increments:

 

1.         Annual Increments:

 

a.         The annual increment is granted automatically from the minimum salary to the maximum salary within the applicable lane.  Compensation for fractional increments will not be paid.

 

b.         A teacher must be on the payroll for at least ninety-one (91) teaching days during one (1) school year for that year to count for purposes of annual increments.

 

2.         Horizontal Adjustments:  If a master's or any other advanced degree or certification is received during the school year, and if the superintendent is presented with evidence of completion of the study required for the degree or certificate prior to February 1, a teacher shall be advanced to the new degree lane on the same step as of February 1.  If evidence of completion of required study is submitted after February 1 of the school year, lane adjustment will be made as of September 1 of the next school year.

 

Vocational and Shop teachers who do not have a Bachelor’s degree but are placed on a step in the Bachelor’s lane under Article IV (C) (2) will be eligible to move to the Bachelor’s+15 lane if they earn fifteen (15) credits in pre-approved college courses, workshops, seminars or in-service courses, and will be eligible to move to the Master’s lane, if they earn a Bachelor’s degree.  Vocational and Shop teachers who have a Bachelor’s degree and are placed on a step in the Master’s lane under Article IV (C) (2) will be eligible to move to the Master’s+15 lane, if they earn fifteen (15) credits in pre-approved university courses, workshops, seminars or in-service courses, and will be eligible to move to the Master’s+30 lane, if they earn a Master’s degree.

 

F.         Other Compensations:

 

1.         Summer Work:  All members of Unit A who are required to work a full day during the summer shall be paid 1/184 of the yearly salary per day.  This provision shall not apply to personnel working on curriculum as set forth in Article VIII, Section G.

 

2.         Extra Instructional Duties:  For the life of this Agreement, compensation for the additional instructional duties listed below shall be as follows:

 

            a.         Evening School:                      $25/hour

            b.         Curriculum Work:                   $25/hour

            c.         Workshop Instruction:            $40/hour

 

3.         Lead Teachers and Mentor Teachers:

 

a.         Academic Lead Teachers:  The basic stipend for lead teachers in each academic department shall be one thousand two hundred dollars ($1,200) for the life of the Agreement.   In each academic department having more than five (5) teachers, the lead teacher will receive an additional sixty dollars ($60) per teacher beyond the five (5) teachers.

 

b.         Rules Enforcement Lead Teachers: The stipend for lead teachers in this category shall be two thousand five hundred dollars ($2,500) for the life of the Agreement.

 

c.         Trade Subjects Lead Teachers: The stipend for lead teachers in each Trade Department shall be one thousand dollars ($1,000) for the life of the Agreement.

 

d.         All lead teachers remain subject to annual appointment, provided, that no teacher shall fill a lead teacher position for more than three (3) consecutive years.

 

e.         Mentor Teachers: The payment for mentor teachers shall be one thousand two hundred dollars ($1,200) for the life of the Agreement.

 

4.         Extracurricular Duties.  Teacher participation in certain extracurricular activities (i.e., activities taking place outside of the regular work day) will be strictly voluntary, and teachers will be compensated for participation in certain of these activities in accordance with the provisions of Appendix B of this Agreement.

 

5.         Teachers who were employed to teach special needs students in Somerville prior to June 30, 1974 and who received the additional five hundred dollar ($500) stipend which was reimbursed by the State, shall continue to receive the five hundred dollar ($500) stipend for as long as they teach in the special needs area.

 

6.         Teachers at the Trade School will receive three hundred dollars ($300) above the teachers' schedule.

 

7.         School adjustment counselors will receive two hundred dollars ($200) above the teachers' schedule.

 

8.         Curriculum Team Leaders will be paid an annual stipend of two thousand five hundred dollars ($2,500).

 

9.         On days when teachers are required to work at more than two (2) school buildings, they shall be reimbursed at the rate of three hundred dollars ($300) per year for the use of their automobiles.  If a teacher does not travel every day, his/her reimbursement shall be pro-rated based on the number of days that s/he travels to more than two (2) school buildings.

 

G.        Longevity Plans:

 

1.         A teacher shall be entitled to an annual salary increase of one thousand dollars ($1,000) over and above the applicable step of the Salary Schedule then in effect at the beginning of his/her twelfth (12th) year of service as a teacher in the Somerville school system.  At the beginning of the twentieth (20th) year of service, a teacher shall be entitled to an annual salary increase of one thousand three hundred dollars ($1,300) over and above the applicable step of the Salary Schedule then in effect.  At the beginning of the twenty-fifth (25th) year of service, a teacher shall be entitled to an annual salary increase of one thousand six hundred and fifty dollars ($1,650) over and above the applicable step of the Salary Schedule then in effect.  At the beginning of the thirtieth (30th) year of service, a teacher shall be entitled to an annual salary increase of three thousand dollars ($3,000) over and above the applicable step of the Salary Schedule then in effect.  At the beginning of the thirty-fifth (35th) year of service, a teacher shall be entitled to an annual salary increase of three thousand two hundred fifty dollars ($3,250) over and above the applicable step of the Salary Schedule then in effect.

 

Teachers hired after June 30, 2008 will be eligible to start receiving longevity benefits at the beginning of their fifteenth (15th) year of service.

 

2.         A teacher must be on the payroll for at least ninety-one (91) teaching days during one (1) school year for that year to count for purposes of longevity.

 

3.         Effective September 1, 2008, a teacher who has received supplemental longevity and still is employed by the Somerville school district may be made eligible again for regular longevity, if the superintendent, in his/her sole discretion, determines on an individual basis that it would be in the interests of the school district to do so.

 

H.        Other Adjustments:

 

1.         If a salary increase is to become effective as of the beginning of a school year, a teacher who has given notice of retirement as of October 1 of the school year of his/her retirement shall receive said increase as of the January immediately preceding the effective date of said salary increase, provided that the teacher is fifty-five (55) years old and has thirty (30) years of service.

 

2.         The per diem of all salaries shall be 1/184 of the annual salary for that position.

 

ARTICLE V

TEACHING HOURS AND TEACHING LOAD

 

A.        Work Year:

 

1.         Classroom Teachers: The work year of teachers (other than new teachers) will begin no earlier than September 1 and terminate no later than the following June 30, but the actual work year for teachers will, in no event, be longer than one hundred and eighty-four (184) days.  The “actual work year" will include days when students are in attendance, orientation days at the beginning of the school year, conference days, and any other days on which teacher attendance is required.  It is expressly understood that days on which teacher attendance is not required because of inclement weather will not be included in computing the actual work year of teachers.  Notwithstanding the foregoing, new teachers may be required to attend professional development activities as early as two days (2) prior to the Wednesday before Labor Day, and these professional development days will not be considered to be part of the 184-day work year for such members.

 

2.         Guidance Counselors:

 

a.         For the purpose of this article, "high school guidance counselors" includes the vocational counselor and the career counselor.

 

b.         High school guidance counselors shall be required to work the five (5) work days immediately preceding the beginning of the regular teacher work year and shall terminate no later than June 30, except as may be provided elsewhere in this article.  The "work year" language in Paragraph 2, Part c below applies herein.

 

c.         Each high school guidance counselor may be required to work up to a maximum of four (4) days, up to and including Friday in the week following the week in which school closes in June.  High school guidance counselors shall be notified as soon as possible before school closes if they will be required to work and for how many days.  Each high school guidance counselor shall be paid in accordance with the provisions of Article IV, Salaries and Other Compensations, Section F, Other Compensations, Paragraph 1 for all additional days worked.

 

3.         Special Education Team Facilitators:  Each special education team facilitator shall be required to work up to a maximum of five (5) days immediately following the week in which school closes for staff in June.  Each special education team facilitator shall be paid in accordance with the provisions of Article IV, Salaries and Other Compensations, at his/her per diem rate of pay for these five (5) days.  Additionally, a special education team facilitator may be required to work more than the required five (5) days referred to in the preceding sentence, and this work shall be paid at his/her per diem rate of pay.  These additional days shall not exceed five (5) and shall be scheduled before the end of the 180-day school year by mutual agreement of the special education team facilitator and the special education director (or designee), with the approval of the superintendent.  Ordinarily, one (1) of these additional days shall be scheduled during the week immediately preceding the start of the new work year for classroom teachers.

 

B.        Work Day:

 

1.         School Hours: The starting and dismissal times for students will be established by the School Committee, provided, however, that the present length of the teacher's work day will not be increased without mutual agreement unless required by statute or directive from the State Board of Education.

 

2.         Classroom Teachers: The basic work day of classroom teachers will begin fifteen (15) minutes before the aforesaid student starting times and will end fifteen (15) minutes after the aforesaid student dismissal times.  The starting time for high school teachers will be 7:50 a.m.

 

3.         Guidance Counselors: The regular work day for high school guidance counselors shall commence fifteen (15) minutes prior to student arrival time.  From Monday through Thursday, it shall conclude forty-five (45) minutes after student dismissal time.  On Fridays and before holidays, it shall conclude fifteen (15) minutes after student dismissal time.

 

4.         Non-Classroom Teachers: Personnel other than classroom teachers will work at their assigned tasks for at least the length of the regular teachers' work day.  It is recognized, however, that the proper performance of their duties may require these persons to work longer than the normal working day.  The exact daily schedule will be worked out on an individual basis.

 

C.        Extended Days:

 

1.         Elementary school teachers may be required to remain after the student dismissal time, without additional compensation, for up to a total of twenty-five (25) hours each school year to attend teacher meetings, curriculum study, workshops, or other constructive educational projects which shall hereinafter be held after regular school hours.

 

2.         Secondary school teachers may be required to be available for thirty (30) minutes one (1) day per week, either before the student starting time or after the student dismissal time to assist students with their studies, and, additionally, secondary school teachers may be required to be available for thirty (30) minutes one (1) day per week after the student dismissal time to attend departmental meetings.  Each teacher shall provide the principal with a copy of his/her schedule of days and times when they are available for student assistance, and any changes to such schedule.

 

3.         Effective August 31, 2006, elementary and secondary school teachers may be required to attend four (4) parent/teacher conference meetings, which will include an open house, during the school year.  After consultation with the faculty, the Principal may decide to hold up to two (2) of the last three (3) meetings in the afternoon.

 

D.        Early-Release Days/Preparation Time:

 

1.         Kindergarten students will be dismissed after registration on the first day of school.  Kindergarten teachers will keep regular school hours.

 

2.         a.         All unit members in elementary school buildings shall be released at 12:00 noon on

fifteen (15) Wednesdays during the school year, exclusive of the Wednesday before Thanksgiving.  All fifteen (15) Wednesdays shall be scheduled in consultation with, and with the approval of, the Association president.  The fifteen (15) early release days are as follows:

 

September:      Two (2) early release days (one of which will be on the first day of

school for students)

October:          Two (2) early release days
November:      One (1) early release day

December:       One (1) early release day

January:           Two (2) early release days

February:         One (1) early release day

March:             Two (2) early release days

April:               One (1) early release day

May:                Two (2) early release days

June:                One (1) early release day

 

All teachers will be required to remain for the normal school hours on the above mentioned days.  Utilization of this time for the express purpose of teacher preparation, parental conferences and individual student help is at the teacher's discretion.

 

            b.         As of the 2008-2009 work year, the following preparation time shall be guaranteed:

 

            i.          All unit members in the elementary organization (classroom, special subject,

bilingual, special education, etc.) will be guaranteed one forty (40) minute preparation period for each full day of school.  Every effort will be made to provide such preparation periods one (1) per day.

 

            ii.         All unit members with split elementary/secondary schedules will be

guaranteed one forty (40) minute preparation period for each full day of school.  Every effort will be made to provide such preparation periods one (1) per day.

 

                                    iii.        All unit members assigned to the special education central office or the

bilingual department central office will be guaranteed one forty (40) minute preparation period for each full day of school.  Every effort will be made to provide such preparation periods one (1) per day.

 

            3.         All secondary school teachers will be guaranteed five (5) preparation periods per week, one (1) each day.

 

4.         Elementary special subject teachers (K-8) in art, music, physical education, practical arts, exploratory foreign language and library shall be assigned six (6) forty (40) minute special subject periods per full day system-wide.  Other professional responsibilities may be assigned by the principal with the approval of the superintendent.

 

E.         Duty-Free Lunch:  All teachers will have a duty-free lunch period of no less than thirty (30) minutes.

 

F.         Teaching Load:

 

1.         a.         Secondary school teachers (grades 9-12) shall not be required to teach in more than

two (2) subject areas at any one time.  A subject area shall be defined as a seniority category as listed in Article IX, Teacher Employment, Section B, Reduction in Force, Paragraph 5, Part a.

 

b.         Secondary school teachers will not be required to teach more than a total of three (3) teaching preparations per day within said two (2) subject areas, except as provided in Paragraph 1, Part c of this Section F.

 

c.         Secondary school teachers in foreign language, bilingual (but not English-as-a-Second-Language), art and music may be required to teach more than three (3) teaching preparations per day for the purpose of preserving an academic program or course offering.  Such teacher shall be relieved of all administrative duties and shall be scheduled for two (2) preparation periods per day.  In no case shall such teacher be required to teach more than five (5) teaching preparations within two (2) subject areas.

 

2.         Both parties recognize the desirability of requiring seventh and eighth-grade teachers, other than special subject teachers, to teach not more than five (5) teaching periods per day in not more than two (2) major disciplines (reading, science, English, math, social studies).

 

3.         a.         The School Department will use its best efforts to insure the equitable distribution of

student-teacher load among secondary teachers in each department.

 

b.         For academic (non-vocational shop) classes in grades 9-12, the average student-teacher load for each academic department shall be determined using the following formula:


                                                                        Number of students enrolled in all classes

            Department average        =      taught by Unit A Department personnel

            Student/Teacher Load                        Number of Unit A Department personnel

 

A fractional average shall be rounded up to the next higher full number of students.

c.         The actual student-teacher load for a teacher in any such academic department shall be adjusted proportionally based on the number of classes taught and shall also be rounded up to the next higher full number of students.

 

d.         On and after October 1 of any school year, whenever the full number of students which constitutes the teaching load of an individual teacher in any such department results in an actual student-teacher load that is more than fifteen (15) percent above the average student-teacher load in such academic department, such teacher shall be relieved of his/her administrative duty.

           

e.         During September of any school year, the teaching schedules and student-teacher loads shall be posted weekly in each academic department.  Thereafter such schedules and student-teacher loads will be posted in each academic department on or about October 1 and again within two (2) weeks following the beginning of the second semester.

 

f.                   Guidelines for Schedule:

The Association and the School Committee has agreed upon the following preliminary guidelines to govern the implementation of the recommended schedule:

 

i.                    A paid committee comprised of four teachers, one Central Office administrator, and two High School administrators will meet for up to three days during the summer to create a professional development plan for the 2001-2002 school year.  The teachers will be paid at a per diem rate.

 

ii.                  Mock schedules, including duty coverage, will be developed to eliminate schedule problems before the 2002-2003 school year.

 

iii.                To insure that cluster teachers are able to meet three times per cycle, their team meetings and preparation times will be scheduled by hand before non-cluster schedules.

 

iv.                Second block Physical Education classes will be 62 minutes in length followed by the directed study in an agreed upon designated space.

 

v.                  Second block preparation periods and second block administration periods will be 83 minutes long.

 

vi.                ESL Literature and Grammar classes will continue to be recognized as two preparations.  They will continue to count for ten credits and will meet ten periods per seven-day cycle with the same teacher.

vii.              Guidelines for directed studies:

 

(a)        Students will not be allowed to leave the room without the classroom teacher’s permission or a prescheduled documented appointment.

(b)        Students in Vocational will have their directed study at a time                                                                       decided upon by the teacher.

 

(c)        Class time is not to be expanded into directed study with the exception of work study.

 

viii.            The attendance policy will be reviewed by High School staff.

 

ix.                Storage issues in the Art Department will be addressed.

 

x.                  The Schedule Committee will reconvene at least on a yearly basis to review and assess problems and issues related to the schedule.

_____________________________________________________________________________________

APPROVED SCHEDULE

BLOCK

START

END

A-DAY

B-DAY

C-DAY

D-DAY

E-DAY

F-DAY

G-DAY

1

7:53

8:59

1

3

2

1

2

1

2

2

9:03

10:09

2

4

1

2

3

4

1

 

 

 

 

 

 

 

 

 

 

                      10:09 -10-26-17 MINUTES DIRECTED STUDY AT END OF 2nd BLOCK

 

 

 

 

 

 

 

 

 

 

 

 

3

10:31

12:10

3

5

5

3

4

5

3

4

12:14

1:20

4

6

6

4

5

6

6

5

1:24

2:30

5

7

7

7

6

7

7

 

 

 

 

 

 

 

 

 

 

                                                     Block 3 has 3 lunches.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                        Each teacher will have a daily preparation period.

 

 

 

 

 

 

 

 

 

 

 

 

 

Each teacher's administrative period will become the

preparation period when needed to guarantee a daily

 

                                                  preparation period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

_______________________________________________________________________________________

 

G.        Exceptions to the provisions of Section E and Section F, Paragraph 1 above may be made only if it is necessary to do so in the best interests of the educational process.  A disagreement over whether an exception is justified will be subject to the grievance procedure and will be initiated at Level Two thereof.

 


H.        Clusters:

 

            1.         Cluster Leaders:

 

a.         One (1) bargaining unit member in each cluster will serve as a Cluster Leader.  In addition to teaching, the Cluster Leader will be responsible for preparing cluster reports; functioning as a resource person for members of the cluster; informing members of the cluster of relevant conferences and events; serving as a curriculum liaison between the cluster and the principal and administration; serving as a liaison between the cluster members and the principal and administration on other issues of concern to clusters; and meeting with the principal and administration from time to time to discuss issues of concern.

 

b.         The principal will select Cluster Leaders for the following school year annually, normally in June, but in any event by no later than the first work day for teachers in September, after having received recommendations from members of each cluster.  No teacher will be selected to serve as a Cluster Leader for more than two (2) consecutive years, unless no other member of the cluster applies for the job.  Each Cluster Leader will be paid an annual stipend of one thousand two hundred dollars ($1,200).

 

2.         Cluster Instructional Blocks:  With the approval of the principal, which approval shall not be unreasonably withheld, bargaining unit members who are assigned to clusters, under the leadership of Cluster Leaders, may modify their blocks of instructional time, from time to time, as the members collectively see fit (i.e., for purposes of team teaching, combining classes, etc.)

 

3.         Cluster Planning Periods:  Every effort will be made to provide bargaining unit members who are assigned to clusters with three (3) periods out of the seven (7) day rotated schedule to meet as a group for the purpose of interdisciplinary planning to implement curriculum objectives; assessing students' needs and performance; speaking and meeting with parents and counselors; and performing such other work as the members of the cluster or the administration deems necessary.  This cluster period is in addition to the preparation periods that are provided to members under Section D, Early-Release Days/Preparation Time, Paragraph 3 of this article, and will not be used to write new curriculum.

 

I.          Curriculum Team Leaders:

 

1.         The superintendent will appoint teams of Curriculum Team Leaders for Math, Science, History/Social Studies, and English to serve as instructional strategy and design resource persons in the following nine (9) schools/programs:  Argenziano, Brown, Capuano, East Somerville, Healey, Kennedy, Next Wave/Full Circle, West Somerville and Winter Hill.  The responsibilities of the position focus on implementation of the state curriculum frameworks and the school district’s curriculum guide, differentiated instruction, small group instruction, classroom workshop strategies and coaching. 

 

2.         Upon application, the superintendent will select Curriculum Team Leaders for the following school year annually, normally in May, but in any event no later than the last school day for teachers in June.  The Curriculum Team Leaders will be required to work for three (3) days during the summer vacation period and to attend up to five (5) after-school meetings of up to two (2) hours each, and will be given five (5) release days during the 180-day school year.

 

3.         A teacher will not be eligible for appointment to the position of Curriculum Team Leader unless s/he is serving with Professional Teacher Status in the Somerville Public Schools at the time of his/her application, and commits to serve for the entire period of his/her appointment absent extenuating circumstances.

 

4.         All Curriculum Team Leaders remain subject to annual appointment, provided, that no teacher shall fill a curriculum team leader position for more than three (3) consecutive years.

J.          Lesson Plans:  Each bargaining unit member who has not acquired Professional Teacher Status will be required to demonstrate to his/her principal on a weekly basis, in writing, on a form to be developed by the superintendent after consultation with the Association president, that the member’s daily instruction is consistent with the state curriculum frameworks and the school district’s curriculum guide.

 

ARTICLE VI

HOLIDAYS AND VACATIONS

 

A.        The following shall be the holidays and vacations granted to all the schools:

 

1.         Holidays:  Columbus Day; Veterans' Day; Thanksgiving Day, together with the afternoon preceding and the Friday following it; Christmas Day; New Year's Day; Martin Luther King Jr.'s Birthday; Presidents' Day; Good Friday; Patriots' Day; Memorial Day; Evacuation Day; and Bunker Hill Day. 

 

Whenever any holiday falls on Sunday, the schools shall be closed on the following day.

 

Bunker Hill Day will be eliminated as a holiday for STA Unit A members, when members of other bargaining units in the school district may be required to report to work on that day, per their collective bargaining agreements with the School Committee.  When worked, Bunker Hill Day will be considered to be one of the one hundred eighty (180) days of schools for students, and there will be no increase in the number of work days for STA Unit A members.

 

2.         Vacations:  The period from and including December 24 through January 1; the week in which Presidents' Day is celebrated; the week in which Patriots' Day is celebrated; from the close of the school year to the time fixed for its beginning. 

 


ARTICLE VII

CLASS SIZE

 

A.        To the extent possible within existing facilities, the maximum number of students per class shall be as follows:

 

            Kindergarten (One Teacher)   30                    Special Class                                       18

            Grades 1-6                              30                    Bilingual                                              20

            Grades 7-9                              30                    Physical Education                             30

            Grade 10                                 32                    Vocational                                           20

            Grades 11 and 12                    30                    Secondary Corrective Reading           15

 

B.        The foregoing standards are subject to modification for educational purposes such as the avoidance of split grade classes, team teaching, special instruction (e.g., music, driving, typing) and/or experimental programs.

 

C.        Upon request, the Association will be furnished with the principal's forecast on or before June 15, and be given an opportunity to discuss the projected class sizes with the superintendent or his/her designee.

 

D.        The School Committee agrees that if the maximum class size set forth in Section A above is exceeded at the elementary level by four (4), a cooperating teacher will be assigned if requested.

 

ARTICLE VIII

TEXTBOOKS AND CURRICULUM

 

A.        Book councils will be made up of administrators and teachers at every level.

 

1.         The superintendent shall notify teachers of all active book councils before April 1 of each year.

 

2.         Between April 1 and 15, teachers shall have the opportunity to volunteer for the various book councils.

 

3.         Immediately thereafter, the superintendent shall choose the members of the book councils from the volunteers and notify them of the first meetings.

 

B.        All teachers shall have the right to submit recommendations of texts and education materials to the councils for review.  The councils will evaluate, but not be bound to accept these recommendations.

 

C.        All teachers shall have access to the approved lists of books, materials and supplies and shall be consulted when materials are ordered for individual classrooms.  Supply lists shall be revised at least every two (2) years.  Heads of departments, principals and teacher volunteers shall be on the revision committee.

 

D.        An inventory of textbooks, materials and supplies in each school shall be available to teachers.  Principals shall notify teachers by October 1 of the school year of the amount of textbooks, materials and supplies that are available.

 

E.         Teachers will notify principals/department heads in writing at the start of each semester of any books, materials, supplies or furniture that they believe they need to perform their expected duties.  They also will notify principals/department heads of any surplus books, materials, supplies and furniture in their rooms.  The principals/department heads will collect these surplus items and store them in a holding area, and will redistribute as needed.

 

F.         The School Committee will continue its policy of providing and adequately distributing audio-visual equipment to meet the needs of each school. 

 

G.        Teachers will take part in curriculum revision when assigned during regular work hours and during required after-school hours, pursuant to Article V, Teaching Hours and Teaching Load.  Those teachers who, upon recommendation of the department head and/or other immediate supervisor, and with approval of the superintendent, volunteer to work on curriculum revision during non-school hours, shall be compensated at the applicable hourly rate under Article IV, Salaries and Other Compensations, Section F, Other Compensations, Paragraph 2 or, at the teacher's option, shall be credited with one (1) hour of in-service credit for each twelve (12) hours of work.  Twelve (12) hours of curriculum work equals one (1) in-service credit.

 

H.        Every effort will be made to limit class interruptions.

 

I.          Except in emergency situations or for educationally sound reasons, pupils will not be taken from class.

 

ARTICLE IX

TEACHER EMPLOYMENT

 

A.        Eligibility and Selection Requirements:  The School Committee's Rules, including its Affirmative Action Policy, shall govern the eligibility and selection of applicants for hire, subject to the following:

 

1.         The best qualified applicants available for a position, as determined by the principal or the superintendent, consistent with M.G.L. Chapter 71, Section 41, shall be hired.

 

2.         Subject to Article IV, Salaries and Other Compensation, Section C, Placement, no teacher shall be hired at a salary that is higher than that received by any other teacher with comparable training and experience.

 

3.         Teachers shall not be hired to teach grade levels, subjects or areas other than those for which they are certified.

 


4.         a.         Upon assignment of all teachers new to the system, such teachers will be immediately

notified of the availability of texts, curriculum guides, and tentative schedules as per Article X, Teacher Assignment and Transfer, Section C, Assignment/Reassignment Procedure.

 

            b.         Before school opens, all new teachers will have been given a general orientation

session in the areas of rules and regulations of the school system, building procedures, and subject matter.  These matters shall be handled at the appropriate levels.

 

            c.         Further orientation at the secondary level shall be handled at departmental             meetings

within the building.  At the elementary level, it will be handled at the meetings called by the appropriate supervisor.

 

B.        Reduction in Force:  If a reduction-in-force becomes necessary, members of the Unit shall be laid off in the following manner:

 

1.         Whenever possible, attrition will be utilized before layoffs.

 

2.         Pursuant to M.G.L. Chapter 71, Section 42, as amended by the Education Reform Act of 1993, no teacher with professional teacher status shall be laid off pursuant to a reduction-in-force or reorganization if there is a teacher without such status for whose position the covered employee is certified.

 

3.         Layoffs shall be accomplished by seniority in the Somerville Public Schools, those employees with less seniority being laid off before employees with more seniority, within their seniority category.

 

4.         Seniority shall be defined as the total number of years and days of continuous service (including paid leaves of absence) as a teacher in the Somerville Public Schools.  Leaves of absence without pay shall not be included in the computation of total number of years and days.  However, said unpaid leaves shall not be considered a break in service.  When all employees tied in seniority appear on a hiring list, such hiring list shall be used as the tie-breaker.  When one or more employees tied for seniority do not appear on a hiring list, ties shall be broken in order by:

 

            a.         the number of degrees attained;

            b.         the number of credits earned;

            c.         the number of teacher certificates held;

            d.         lottery.

 

As soon as practical after the signing of the memorandum of agreement, the School Department shall publish an updated seniority list.  If an employee fails to grieve placement on such list within twenty (20) school days after publication of the updated list, such grievance shall be deemed to have been waived.

 

5.         a.         Said seniority in the Somerville Public Schools shall be accrued within seniority

categories as follows:

 

Seniority Categories

 

            1.         Elementary K – 8

 

Secondary Subjects (9-12)

 

2.         English

3.         Mathematics

4.         Social Studies

5.         Business Subjects

6.         French

7.         Spanish

8.         Italian

9.         Latin

            10.       Portuguese

            11.       Science

            12.       Painting and Decorating

            13.       Cosmetology

            14.       Drafting

            15.       Carpentry

            16.       Health Assistants

            17.       Automotive Mechanics

            18.       Auto Body

            19.       Graphic Arts

            20.       Electronics

21.       Electrical

            22.       Machine Shop

            23.       Metal Fabrication/Welding

            24.       Culinary Arts

            25.       Heating/Ventilation/Air Conditioning

 

Special Subject Teachers (K-12)

 

            26.       Art

            27.       Music

            28.       Physical Education

            29.       Reading

            30.       Library

            31.       Guidance

            32.       Industrial Arts/Technology Education

            33.       Home Economics

            34.       Special Education Teachers

            35.       School Adjustment Counselors

36.       Instructional Technology Specialist

37.       Tester

 

Special Subject Teachers (K-8)

 

38.       Bilingual

39.       English Language Learner/Sheltered English Immersion Program

40.       Redirect

 

Special Subject Teachers (9-12)

 

41.       Bilingual

42.       English Language Learner/Sheltered English Immersion Program

43.       Redirect

 

Alternative Teachers (7-12)

 

44.       Next Wave/Full Circle

 

b.         Elementary language teachers shall continue to be included in the seniority category for their language as listed under Secondary Subjects (9-12).

 

c.         During the life of this Agreement, the School Committee may create a new position which is intended to be experimental for not more than two (2) years.  An employee who is assigned to such position shall retain seniority within his/her seniority category immediately prior to such assignment and shall retain a right of return to his/her former position as if on leave of absence for not more than one (1) year.  If, during this Agreement, the School Committee creates a new, permanent bargaining unit position not assigned to any seniority category, or if an experimental position has been in the organization for two (2) years, placement of such position in an existing or new seniority category shall be a subject of impact bargaining between the parties.

 

6.         Employees will be placed in that seniority category in which they are teaching during the current school year, and seniority will be based on total number of years and days of continuous service in the Somerville Public Schools.

 

7.         An employee who taught in more than one of the above-mentioned seniority categories during the current school year shall be placed in that disciplinary category in which s/he taught more than fifty (50) percent of his/her time during the current school year.

 

8.         a.         The superintendent will compile a seniority list and provide a copy to the Association

president by December 1 of each contract year.

 

b.         i.          Any teacher who believes that his/her seniority data is incorrect may file a

challenge with the superintendent and the Association president by no later than January 1 of the same contract year.  Such challenge must be in writing and must include an explanation for the basis of the challenge and any documentation or evidence within the teacher's possession, custody or control that supports the teacher's claim relative to his/her seniority.  Any challenge that does not include such explanation and documentation or evidence will be deemed incomplete.

 

ii.         The seniority data for any teacher who does not file a completed challenge by January 1 will be deemed to be correct for all purposes for that contract year.

 

iii.        If necessary, the superintendent and/or his/her designee shall meet with the teacher who has filed a timely, completed challenge.  The superintendent will provide a written response to such challenge to the teacher and the Association president by no later than January 25 of the same contract year.

 

iv.        If the superintendent's response is not accepted by the teacher, the Association may file for expedited arbitration within five (5) school days of the receipt of the superintendent's response.

 

v.         In no event shall this expedited procedure extend beyond March 1 of the contract year.

 

vi.        A teacher may challenge his/her seniority data in any subsequent contract year if s/he fails to file a timely, completed challenge in a previous contract year or if his/her seniority data changes.

 

9.         An employee who faces layoff from his/her position shall be eligible to transfer into another seniority category if s/he is certified to teach in that category.  If there are no vacancies to which such employee is eligible to transfer, s/he shall be entitled to bump the least senior employee in all seniority categories, provided the more senior employee is certified to teach in that category.

 

10.       Employees shall be recalled in inverse order of their layoff to their disciplines.  The recall period for a laid-off teacher shall extend for two (2) full school years.  Said period shall begin with the commencement of the school year immediately following the last school year in which the employee taught before being laid off. Recall rights terminate if a teacher refuses a full-time full-year recall offer in an area in which s/he is certified.  A full-time employee facing layoff who transfers or bumps into a regular part-time position shall be considered to have been laid off from his/her full-time position and shall retain recall rights under Section B, Reduction in Force, Paragraph 11 of this article while working in the regular part-time position.

 

11.       If a position becomes vacant, the superintendent will notify laid-off employees by certified mail.  The laid-off employee shall be responsible for replying to such registered mail no later than two (2) weeks after his/her receipt of same.  The laid-off employee will be responsible for notifying the superintendent, in writing, of any change in his/her mailing address.  The School Committee will not be responsible if a laid-off employee does not receive a notice of position opening if such non-receipt is due to the employee's failure to notify the superintendent of a change in mailing address.  If an employee elects to be placed on the recall list, s/he shall sign a waiver of his/her right to a hearing under M.G.L. Chapter 71, Section 42.  If the waiver is signed, the employee, if recalled, shall retain all contractual rights and tenure status that s/he had immediately prior to the effective date of layoff.  Employees on the recall list shall remain on the group health insurance plan, provided said employees pay one hundred (100) percent of the premium cost.  If an individual does not elect to sign a written waiver, s/he will not be placed on the recall list and will be dismissed.

 

12.       An administrator in the administrator bargaining unit (or a manager not in any bargaining unit -- hereinafter called an administrator) with teacher tenure who faces layoff from a position outside this bargaining unit shall have the following rights to be exercised in order:

 

a.         To fill a teaching vacancy in which s/he is certified after all persons in Unit A have been assigned in accordance with the sequence of personnel actions outlined in Article X, Teacher Assignment and Transfer, Section B, Sequence of Personnel Actions, Paragraph 1 (prior to August reassignment and transfer) and the sequence of personnel actions has been completed.

 

b.         To displace the least senior, non-tenured teacher in all seniority areas in which said administrator holding teaching tenure is certified.

 

c.         To exercise Unit A seniority to bump the least senior tenured teacher in all seniority categories, provided the administrator is certified to teach in that category.  For the purpose of this paragraph, Unit A seniority is length of service accrued by an administrator while serving as a member of Unit A, but also includes length of service as a teaching vice-principal outside of Unit A.

 

ARTICLE X

TEACHER ASSIGNMENT AND TRANSFER

 

A.        Definitions:

 

1.         Assignments shall be defined as courses and/or grade level(s) taught.

 

2.         Reassignment is defined as:

 

a.         Secondary Teachers and Special Subject Teachers: Any change in assignment within the same discipline within the same building.

 

b.         Elementary Teachers and Special Education Teachers: Any change in assignment within the same building.

 

c.         The Association will cooperate with the School Department whenever during a school year, in an effort to equalize caseloads, it may become necessary to reassign speech/language pathologists, school adjustment counselors, facilitators (special education teachers on assignment), adaptive physical education teachers or teachers of the visually impaired outside their building.

 

3.         Transfer shall be defined as any change to another discipline and/or building.

 

4.         Involuntary transfer shall be defined as a change resulting from a school closing; grade closeout, which is not handled by a reassignment within the building; decline in enrollment; or some other planned restructuring by the School Committee.

 

a.         The involuntarily transferred teacher shall be the least senior teacher in the elementary grade or in the discipline from which the involuntary transfer is taking place, unless a more senior teacher opts to take the involuntary transfer.

 

b.         Teachers involuntarily transferred during the school year, prior to October 15, shall be placed immediately in the school or discipline where a vacancy exists.

 

c.         If prior to the commencement of a school year a class or program is moved from one building to another, the teacher shall have the option of going with his/her class or going into the involuntary transfer pool.

 

5.         Voluntary transfer shall be defined as a transfer that a teacher actively seeks.

 

6.         Seniority is the same as defined under Article IX, Teacher Employment, Section B, Reduction in Force, Paragraph 4.

 

B.        Sequence of Personnel Actions:

 

1.         In planning for the following school year, personnel actions, if any, shall take place in the following sequence:

 

a.         Layoff and non-renewal;

b.         Assignment or reassignment;

c.         Involuntary transfer;

d.         Teachers returning from unpaid leave;

e.         Voluntary transfer;

f.          Voluntary transfer to positions vacated by employees transferring under Paragraph

1, Part e of this section;

g.         August reassignments and transfer;

h.         Recall.

 

2.         No personnel action listed in Paragraph 1, Parts a-h of this section shall be considered to be locked-in until the School Committee votes on the organization proposed by the superintendent at the first School Committee meeting in June which shall be held no later than the second Monday in June.  After the School Committee votes on the organization in June, there will be no involuntary transfers or reassignments except under the provisions of Section F, August Assignments and Transfers.

3.         The School Committee reserves the right to determine whether any vacancy exists and to recruit and hire at any time; provided, however, new hires shall not be assigned to specific vacancies until the transfers procedure has been completed.

 

C.        Assignment/Reassignment Procedure:

 

1.         All teachers shall be notified in writing of their assignment for the coming school year no later than the second Tuesday in June and shall be provided with a written curriculum guide no later than such date.

 

a.                   Subject assignments to secondary teachers within a discipline, whenever made, shall       

            be at the discretion of the principal or department head.

 

            b.         Changes in grade assignments in elementary schools will be voluntary.  A teacher may elect to be reassigned to a vacancy in the seventh or eighth grade in the building provided that the teacher is licensed and highly qualified for this assignment and the reassignment is approved by the principal.

 

2.         The School Committee will continue its policy of assigning teachers to their area of certification and will not assign teachers outside the scope of their teaching certificate except temporarily, not to exceed a full school year, and for good cause.

 

D.        Transfer Procedure:

 

1.         All vacancies shall be posted in an open area on the third Tuesday in May or the first work day thereafter so that those teachers who are to be involuntarily transferred may see the positions open for bid.  Notwithstanding the foregoing, in or around the midpoint of the work year, the superintendent or his/her designee and the Association will confer for the purpose of attempting to schedule the posting and filling of anticipated vacancies as early as possible in the spring.

 

a.         On the third school day after the positions have been posted, at 3:00 p.m., those teachers who are to be involuntarily transferred shall bid on vacancies.  Teachers shall bid in order of seniority beginning with the most senior teacher.

                       

b.         On the fourth school day after the positions have been posted, at 3:00 p.m., those teachers returning from an unpaid leave of absence shall bid on the remaining open positions.  Teachers shall bid in order of seniority beginning with the most senior teacher.  A teacher returning from maternity leave is entitled to the same position she left at the commencement of her leave.

 

c.         Any teacher desiring a voluntary transfer shall notify the superintendent in writing before April 1, or as soon as practicable after s/he knows or should have known of the vacancy.  All requests will be acknowledged in writing. Requests must be renewed annually.

 

d.         On the fifth day after the positions have been posted, the remaining open positions shall be filled as follows:

 

i.          If three (3) or more candidates who possess the certification specified by the principal for a vacancy have applied in a timely manner for a voluntary transfer to an open position, the principal must select from among those candidates.

 

ii.         If only one (1) or two (2) candidates who possess the certification specified by the principal for a vacancy have applied in a timely manner for a voluntary transfer to the position, the principal may fill the vacancy with one of the transfer applicants, or a new hire, but shall not be required to do so.

 

iii.        In circumstances where the vacancy is filled by a new hire rather than a transfer applicant, the principal will provide the transfer applicant(s) with a written statement of reasons for selecting a new hire.

 

e.         Notwithstanding the above, application for voluntary transfer by special education teachers without professional teacher status or bilingual teachers shall not be honored under this paragraph or Section F, August Assignments and Transfers, unless the employer determines it is able to fill the vacancy created by such transfer.

 

2.         The principal, under whom a transferred teacher will work, will be consulted prior to approval of the transfer.

 

3.         Any teacher in the involuntary transfer pool who fails to appear and bid on the third school day after the positions have been posted, and any teacher returning from unpaid leave who fails to appear and bid on the fourth school day after the positions have been posted, forfeits his/her right to bid.  Such teachers, together with teachers who applied for voluntary transfers but were not selected for transfer, may still take advantage of the voluntary transfer provisions as outlined in Section F, August Assignments and Transfers, below.

 

4.         Individual bidding and bumping selections shall take place in a separate room in a private setting with the following persons in attendance: up to three (3) people selected by the Association and up to three (3) people designated by the administration.

 

5.         An updated job availability list shall be mailed to Unit members seven (7) days before the bidding and bumping procedure if it is to take place during the summer.  Posting shall be five (5) days before the bidding and bumping procedure.  Unit members shall provide the School Committee with three (3) self-addressed, stamped envelopes at the close of school for the purpose of mailing the job postings.

 

6.         A Unit member who is involuntarily transferred because of a job close-out and bids on or bumps into a Unit position with which s/he is dissatisfied may, during the following year's transfer procedure, place himself/herself on the involuntary transfer list in his/her appropriate seniority slot. Said Unit member's participation in the transfer procedure for the second year in a row relinquishes his/her current position which then shall be added to the available Unit openings list.  Said second participation in the transfer procedure shall conclude his/her rights to an involuntary transfer.  A teacher who chooses to exercise his/her rights under this section shall notify the superintendent one (1) week prior to the posting of the bidding process.

 

E.         Special Involuntary Transfers:  In those cases where an involuntary transfer is advisable because of some documented incompatibility with the teacher's assignment, and the teacher objects to the involuntary transfer, the teacher shall meet with his/her principal, at which time the teacher will be notified of the reasons for the transfer.  The Association shall be invited to send a representative.  If the teacher still objects to the transfer after this meeting, the superintendent or assistant superintendent shall, upon request, meet with the Association's representative and the teacher to discuss the transfer. If the cause(s) cited as a basis for the transfer are not acceptable to the Association, then, at the request of the Association but not the individual teacher, the matter will be submitted directly to expedited arbitration as provided under the rules of the American Arbitration Association.  Notice of involuntary transfer under this section shall be made prior to the third Tuesday in May.

 

F.         August Assignments and Transfers: Vacancies that existed prior to the transfer procedures and remained unfilled thereafter, together with vacancies arising after the transfer procedures by reason of termination of employment for any reason shall be filled as follows:

 

1.         A teacher may volunteer for transfer to any such unfilled vacancy between the second Tuesday in June and the second Friday in August, locking in the vacancy and waiving rights to bid on any subsequent vacancy.  Voluntary transfer rights terminate on the second Friday in August.  Nothing in this section shall prevent the employer from filling any vacancy with a new hire at any time after the transfer procedures are completed.  A teacher who is involuntarily transferred from a building under Section E will not be accepted to transfer back to such building.

 

2.         Vacancies as defined above in Paragraph 1, which remain unfilled as of the second Friday in August, may be filled by involuntary reassignment or involuntary transfer of the least senior teacher in the discipline.

 

G.        Miscellaneous:

 

1.         The Association shall oversee every step of this process from beginning to end.

 

2.         The directory of the Somerville Public Schools shall be distributed to each teacher by November 15.

 

3.         Assignments and transfers will be made in compliance with the School Committee's affirmative action plan.

 

4.         Any Unit member who has been involuntarily transferred or bumped out of his/her teaching assignment shall have rights to return to his/her former teaching assignment if and when it is reinstated.  These rights shall continue for the next school year after the involuntary transfer. This provision does not apply to Unit members who have been involuntarily transferred under Section E, Special Involuntary Transfers, of this article.

 

ARTICLE XI

TEACHER EVALUATION

 

A.        Members of the bargaining unit will be formally observed and evaluated using the performance evaluation instrument set forth in Appendix D or a variant thereof that has been agreed to by the Association and the School Committee.  The parties may agree to limit the use of such variant to certain members of the bargaining unit, such as guidance counselors or other members who perform duties other than, or in addition to, classroom instruction.

 

B.        Frequency and Time Frames for Evaluation:

 

1.         Employees With Professional Teacher Status:  All employees who have acquired professional teacher status under M. G. L. Chapter 71, Section 41 will be evaluated formally at least once every two (2) years and will receive a written evaluation report on or before May 15 of the first year of the two-year cycle.  Evaluators will commence the observation process as soon as possible during the evaluation year.  Evaluators must conduct a minimum of one (1) formal observation, at least one of which is at a mutually agreed upon time, one (1) pre-observation conference and one (1) post-observation conference with the employee during each year of the cycle; however, employees will receive a written evaluation report only during the evaluation year.  The required pre-observation conference must precede the observation by not more than two (2) school days.  Post-observation conferences must be held within a reasonable period of time following the observations.

 

2.         Employees Without Professional Teacher Status:  All employees who have not acquired professional teacher status under M. G. L. Chapter 71, Section 41 will be evaluated formally at least once each year and will receive a written evaluation report on or before March 15 of the year to which the evaluation applies.  Evaluators will commence the observation process as soon as possible during the evaluation year.  Evaluators must conduct a minimum of two (2) formal observations, at least one of which is at a mutually agreed upon time (one prior to December 1, and another prior to March 1), two (2) pre-observation conferences and two (2) post-observation conferences with the employee.  The required pre-observation conferences must precede the observations by not more than two (2) school days.  Post-observation conferences must be held within a reasonable period of time following the observations.

 

C.        Data and Information Gathering:

 

1.         The gathering and application of data and information is vital to the evaluation process, because it is through these activities that an evaluator is able to render an accurate, complete and fair judgment of an employee's performance.

 

2.         Although an evaluator's direct personal observations are the primary source of data and information regarding an employee's performance, an evaluator is expected to consider all relevant and reliable data and information that comes to his/her attention.  Thus, an employee's performance is to be evaluated in the light of all evidence pertinent to the discharge of the employee's professional responsibilities and his/her exercise of professional judgment, and not solely by his/her work in the classroom.

 

            3.         a.         An evaluator may utilize a contributing evaluator with subject-matter or grade-level

expertise for the purpose of conducting classroom observations and assisting the evaluator in providing an employee with recommendations to foster professional development, as appropriate in the following circumstances:

 

i.          The evaluator believes that the employee needs improvement in a particular area and has been unsuccessful, himself/herself, in improving the employee's performance in that area; or

 

ii.         The employee requests that a contributing evaluator be utilized, and the evaluator agrees.  Such agreement shall not be unreasonably withheld; however, if the employee and the evaluator cannot agree, the superintendent or his/her designee will make a determination as to the need for and identity of a contributing evaluator, which decision shall not be subject to arbitration except in the context of a discharge proceeding.

 

b.         The evaluator will be responsible for notifying the employee of the identity of the contributing evaluator, if any, before the contributing evaluator conducts an observation.  The contributing evaluator will provide the evaluator and the employee with the data and information that s/he gathers and any observation report that s/he prepares. 

 

4.         Employees will have the right, upon request, to review the contents of their personnel files, including evaluation reports, records of in-service courses and sick leave records, etc.

 

D.        Evaluators:

 

1.         Each employee will have one evaluator, usually the building principal, who will be responsible for carrying out the evaluation process.  The employee will be apprised of his/her evaluator prior to the commencement of the evaluation process.

 

2.         Designation of Primary and Contributing Evaluators:

 

a.         Elementary Level (Grades K-6):  Each classroom teacher will be evaluated by the building principal or the assistant principal.  Subject to Section C, Paragraph 3 above, a department head, director, supervisor or coordinator may serve as a contributing evaluator.  If an assistant principal serves as the evaluator, the principal must review and sign the evaluation.

 

b.         Elementary Level (Grades 7-8):  Each classroom teacher will be evaluated by the building principal or the assistant principal, or, in the case of a teacher who is assigned to teach primarily in one subject area, by the curriculum coordinator for that subject area.  Subject to Section C above, an additional curriculum coordinator, director or supervisor may serve as a contributing evaluator.  All evaluations done by authorized persons other than the principal must be reviewed and signed by the principal. 

 

c.         High School Level (Grades 9-12):  Each classroom teacher will be evaluated by the building principal, the assistant principal or the appropriate department head, director, supervisor or coordinator.  A department head, director, supervisor or coordinator may serve as an evaluator or a contributing evaluator.  If an administrator other than the principal serves as the evaluator, the principal must review and sign the evaluation.

 

d.         Teaching Staff Assigned to More Than One Building and Others Not Covered Above:  Each employee who is assigned to more than one building, or is not covered under Part a., Part b., and Part c. above, will be evaluated by the appropriate department head, director, supervisor or coordinator.  A principal, department head, director, supervisor or coordinator may serve as a contributing evaluator.  The principal of each building in which the teacher serves must review and sign the evaluation.

 

E.         Observation and Evaluation Procedures:  The following observation and evaluation procedures are intended to encourage trust and to ensure fairness:

 

1.         All new employees will be provided with an orientation on the evaluation process and will have access to the policies and procedures so that they may acquaint themselves with the process.

 

2.         Each employee, at his/her request, will be given an opportunity to meet with his/her evaluator at the beginning of the evaluation year to discuss the process.  During this meeting, the evaluator will provide the employee with information about the frequency and time frames for evaluation and the evaluation instrument. The employee will have the opportunity during the pre-observation conference to provide the evaluator with information about the teacher's class, individual students, the instructional process(es), etc.

 

3.         At least one (1) formal observation must take place at a time that is mutually agreed-upon and scheduled in advance with the employee and must be at least thirty (30) minutes in duration.  In the event that an observation that was scheduled at a mutually agreed upon time is interrupted prior to the expiration of the thirty (30) minute observation period, the balance of the observation may be completed at a later, mutually agreed upon time.

 

4.         All observation of the work of the employee will be conducted with full knowledge of the teacher.  To ensure, among other things, that an employee is aware that his/her performance has been observed, the evaluator will conduct a post-observation conference with the teacher within a reasonable period of time (ordinarily not more than seven (7) working days) following each formal observation.  During the conference the evaluator will provide the employee with a draft written report, designated as an "Observation Report," relative to his/her observations, for discussion purposes.  The employee will have the right to comment on the draft report and to propose additions, deletions or editions.

 

5.         Before the end of the evaluation cycle, each employee will be provided with a written report, designated as an "Evaluation Report."  The evaluator and the employee each will sign the report.  The employee's signature indicates only that s/he has received a copy of the report, and does not indicate that the employee agrees with its substance.  The employee will have the right to respond in writing to the report, and the employee's written response will be attached to and maintained with it in the employee's personnel file.

 

6.         In the event that an employee is rated as needing improvement in a particular area, the employee and the evaluator will attempt to reach agreement on a plan for improvement.

 

F.         Any complaints regarding an employee made to any member of the administration by any parent or other person, except a pupil, will be promptly called to the attention of that employee in private consultation.  Upon request, the individual will be informed who made the complaint.

 

G.        The Association recognizes the authority and responsibility of the principal for disciplining or reprimanding an employee for inadequate professional performance.  This shall be done in a private conference.

 

H.        No employee will be disciplined, reprimanded or reduced in rank or compensation or deprived of any professional advantage without just cause.

 

I.          The parties agree to continue to work on a new evaluation instrument and procedure, with implementation upon ratification by the parties.

 

ARTICLE XII

PROMOTIONS

 

A.        Purpose:  It is the employer's intent to comply with the provisions of this article so as to allow teachers covered by this Agreement to apply for promotional positions.

 

B.        Definitions:  For the purposes of this article, a "promotional position" is defined as any position paying a salary differential and/or any position on the administrator/supervisor level.

 

C.        Posting Procedure:

 

1.         When the employer decides to fill a vacancy in Unit A, or the former Unit B (SAA and principalships) as a promotional position, the vacancy shall be adequately publicized as far in advance as possible and the superintendent shall post it as either a temporary or permanent position.  In the case of a Unit B position, such posting shall take place after completion of other personnel actions in Unit B, including lateral transfers to the same or comparable positions, demotions, excessing or layoffs, but excluding promotions within Unit B, which shall be posted.  The superintendent also will notify teachers on leave.

 

2.         The qualifications for the position, its duties and the rate of compensation will be clearly set forth.

 

3.         Notice must be given to the Association at least three (3) months in advance of any change in qualifications for any positions, except where the change eliminates or reduces a qualification.

 

D.        Application and Selection Procedure:

 

1.         All teachers will be given adequate opportunity to make application for such positions, and the principal and/or superintendent agree to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors.

 

2.         Whenever an opening in a promotional position occurs, the principal and/or superintendent shall select the person s/he considers the most qualified for the position.

 

3.         When in the opinion of the principal and/or superintendent, all other factors are substantially equal, preference will be given to qualified teachers already employed by the school district, and each teacher applicant not selected will receive written notification of the action taken by the principal and/or the superintendent.  The decision of the principal and superintendent will not be subject to arbitration.

 

E.                     Appointments:

 

1.         Acting Appointments:

 

a.         The employer may make appointments to fill promotional positions while the posting process is taking place.  If the vacancy occurs on or after April 1 in any school year, and if the employer chooses to fill such vacancy, it may make an acting appointment without a posting, provided, the appointment does not extend beyond the end of that school year.

 

b.         The employer may also make an acting appointment when an incumbent is absent and expected to return within ninety (90) calendar days.  For absences anticipated or actually longer than ninety (90) calendar days, a posting is required.

 

c.         So long as a member of Unit A is qualified to fill the position to which an acting appointment is to be made, the employer shall fill such position with someone from Unit A or SAA who is qualified or is able to become qualified within the term of the acting appointment.

 

2.         Temporary Appointments:  A temporary appointment shall not extend beyond the end of the school year without being subject to temporary election by the principal and/or the superintendent.

 

3.         Payment for Temporary or Acting Appointments:  Any appointment to a promotional position extended beyond thirty (30) days shall be recompensed at the minimum salary for the position retroactive to the date of the appointment.

 

4.         Permanent Appointments:  Permanent appointments will be made as soon as possible and under normal circumstances not later than ninety (90) days after an opening is publicized by the superintendent.

 

5.         Non-Discrimination:  Appointments will be made without regard to race, creed, color, religion, sex or marital status.

 

ARTICLE XIII

POSITIONS IN EVENING SCHOOL AND UNDER FEDERAL PROGRAMS

 

A.        All openings for evening school positions and for positions under federal programs will be adequately publicized in each school by the superintendent for at least fifteen (15) days.  In view of the fact that these programs are of benefit to the school system as a whole, teachers presently in the service of the Somerville school system, who qualify for particular positions, shall be given first consideration.  In filling such positions, consideration will be given to a teacher's area of competence, quality of teaching performance, teaching experience and attendance record.

 

B.        The evening school classroom teacher rate shall be as specified in Article IV, Salaries and Other Compensations.

 

ARTICLE XIV

ACADEMIC FREEDOM

 

A.        The private and personal life of a teacher is not within the appropriate concern or attention of the School Committee except as it may interfere with the teacher's responsibilities to and relationships with students and/or the school system.

 

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

 

ARTICLE XV

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

 

A.        The School Committee will pay reasonable expenses (including fees, meals, lodging and transportation) incurred by teachers who, at the request of or with the advance approval of the superintendent, attend seminars, workshops, conferences that are not sponsored by the Somerville school system.

 

B.        All mandatory workshops, seminars and in-service courses shall be recognized for college equivalency credit beyond the bachelor's and master's degrees.  Said credits may be acquired or refused according to the teacher's options below:

 

1.         Teachers requesting credit for mandatory workshops, seminars or in-service courses, shall be granted credit upon receipt of a statement of satisfactory completion of the mandatory activity.  The number of hours in attendance will not be deducted from the hours required by Article V, Teaching Hours and Teaching Load, Section C, Extended Days, Paragraph 1.

 

2.         Teachers not requesting credit for mandatory workshops, seminars and in-service courses, shall reduce the number of hours stated in Article V, Teaching Hours and Teaching Load, Section C, Extended Days, Paragraph 1, by the said number of hours required in attendance, provided that such attendance is outside of normal work hours.

 

3.         A teacher who teaches at an in-service workshop, seminar or in-service course and who is entitled to cash payment under this Agreement shall have the option of being paid in cash for each hour or receiving two (2) in-service credits for each twelve (12) hours of teaching time towards horizontal and vertical lane advancement.

 

4.         Twelve (12) hours of attendance at workshops under this section shall equal one (1) in-service credit.

 

5.         Twelve (12) hours of CEU instruction equals one (1) in-service credit.

 

6.         A teacher who achieves National Board Certification will be awarded fifteen (15) in-service credits.

 

C.        All NDEA, NSF and other college courses in the teacher's subject area (excluding University Extension courses) taken after September 1, 1967, taken with prior approval of the superintendent or his/her designee, shall be recognized for credit beyond the bachelor's and master's degree for salary purposes.

 

D.        Except as otherwise provided in this Agreement, credit will be given only for courses and degrees from an accredited institution.

 

E.         1.         The distribution of course vouchers shall be as follows:

 

a.         To the cooperating teacher;

b.         To a cooperating teacher who did not use his/her own voucher, to be used within the following two semesters;

 

2.         All available vouchers shall be advertised by the superintendent;

 

3.         The superintendent shall insure an equitable distribution of vouchers.

 

F.         Practice teachers shall be assigned only with the consent of the cooperating teacher.

G.        An ex-administrator who re-enters the bargaining unit will be expected to meet with the superintendent or his/her designee to determine whether refresher in-service training is needed.  Such training shall be designed cooperatively and may be made available between June 30 preceding the first assignment year and August 31 following the assignment year.  Such training time is not expected to exceed twelve (12) in-service hours.  Any cost hereunder will be borne by the School Department and not by the employee.

 

H.        In-service Selection Process:

 

1.         If there is a target group for a workshop, members of the target group shall be placed first.

 

2.         If there are too many applicants for a single in-service offering, the School Department shall arrange two (2) sessions if the funds and the presenter are available that year.  If either the funds or the presenter are unavailable, the workshop will be given priority for the following year.

 

3.         Persons who applied and were not accepted into a workshop during a prior offering and who have applied again, shall be placed next.

 

4.         The related target group shall be placed next.

 

5.         Any further vacancies shall be filled by seniority.

 

6.         Except as provided in Article V, Teaching Hours and Teaching Load, Section C, Extended Days, Paragraph 1, participants shall be paid at the curriculum rate as per Article IV, Salaries and Other Compensations, Section F, Other Compensations, Paragraph 2, Part b, when their attendance is required by the School Committee outside of the regular work day.

 

I.          1.         A teacher who serves on a school council shall be granted in-service credit towards

increments on the teachers' Salary Schedule and professional development points at the following rate: twelve (12) hours of council work or attendance at council meetings to equal one (1) in-service credit, not to exceed a total of two (2) in-service credits for twenty-four (24) hours of council work per teacher per school year.  Professional development points (PDPs) are to be accrued at the rate of one (1) PDP for every hour of council work or attendance at council meetings.  Teachers should submit school council in-service forms, signed by their principals, to verify their school council hours.

 

2.         Upon request, the School Committee will provide the Association with minutes of school council meetings in each building.  Minutes from school council meetings will be made available to teachers assigned to the building by, for example, posting the minutes on a faculty bulletin board or providing them on request in the office.

 

J.          In-Service Offerings for Professional Development Points:  By no later than January of each year, based on information obtained through a survey of teachers conducted earlier in the school year, the School Committee will compile a list of the areas in which teachers require professional development opportunities to satisfy the requirements of M.G. L. Chapter 71, Section 38G relative to maintaining their instructional certificates.  During the spring of that school year, the School Committee will notify teachers of the courses that will be offered during the next school year to enable them to earn professional development points.  The School Committee will use its best efforts, subject to the availability of funding and a sufficient number of applicants, to offer during the next school year all of the courses that are identified by teachers as prerequisites to recertification.  The School Committee may offer in-service courses, may make arrangements for teachers to take courses from institutions of higher education or other service providers, or may provide other professional development activities; however, all such offerings must be acceptable to the Massachusetts Board of Education for purposes of re-certifying teachers in the specified areas. 

 

K.        Courses, Seminars and Workshops for the Purpose of Lane Advancement:  The following guidelines apply to the approval of all courses, seminars and workshops for purposes of lane advancement:

 

1.         All courses, seminars and workshops must be approved by the superintendent or designee before the course begins.

 

2.         Credit is granted only for courses, seminars or workshops that are taken outside the school/work day.

 

3.         Professional Development Points (PDPs) do not count toward the acquisition of credit for purposes of lane advancement.

 

4.         Credits are earned as follows: 

 

a.         One-half credit for six (6) hours of attendance;

b.         A maximum of four (4) credits per course, seminar or workshop. 

 

5.         All in-service courses offered in the Somerville Public Schools by bargaining unit members must be approved in advance by the superintendent.

 

ARTICLE XVI

SPECIAL SUBJECT TEACHERS AND SPECIAL PROGRAMS

 

A.        The School Committee and the Association recognize the fact that an adequate number of competent special subject teachers is essential to the operation of an effective educational program.  Accordingly, the Joint Study Committee will be continued to evaluate the needs and the requirements of the Somerville school system.

 

B.        It is expressly understood that nothing contained in this article will deprive the School Committee of the authority and right which it has under the law, expressed or implied, to make the final decision as to the number and/or type of special subject teachers which it will employ, and a failure to agree with the Association regarding said number and/or type will not be subject to the grievance procedure and/or arbitration.

 

C.        Schedules of itinerant teachers and supervisors shall be available to teachers on or before October 1. Teachers will be informed of changes in these schedules due to absence or other reasons.

 

ARTICLE XVII

RELIEF FROM NON-TEACHING DUTIES

 

A.        The School Committee and Association acknowledge that the teacher's primary responsibility is to teach and that his/her energies should, to the extent possible, be utilized to this end.  All teachers will be provided with a duty-free lunch period, in accordance with the provisions of Article V, Teaching Hours and Teaching Load, through the use of aides.  The School Committee will make reasonable efforts to facilitate the computerization of registers.  All varieties of non-teaching duties (including, but not limited to, coverage of assemblies, study halls, elementary school yard duties, etc.) will be shared by all Unit members who are assigned full-time to one building.  The parties further agree to establish a Joint Study Committee to determine and evaluate the feasibility of employing aides in other areas to relieve teachers from non-teaching duties.

 

ARTICLE XVIII

SUBSTITUTE TEACHERS

 

A.        Positions that will be vacant for at least one (1) semester will, to the extent possible, be filled by personnel who have met the state certification requirements.  After two (2) consecutive calendar months in the same position, the substitute teacher will be paid thereafter according to the Salary Schedule.

 

B.        Kindergarten teachers and practice teachers shall not be used as substitute teachers unless substitute teachers are not available or an emergency situation arises.

 

C.        The School Committee will provide substitute teachers, whenever possible, for elementary school special subject teachers (K-8) in art, music, physical education, practical arts, exploratory foreign languages and library, after regular grade classroom teachers are covered.

 

ARTICLE XIX

SICK LEAVE

 

A.        Teachers, other than teachers new to the system, will be granted fifteen (15) days of sick leave each school year, as of the first official day of said school year, whether or not they report for duty on that day.  Teachers new to the system will accumulate sick leave at the rate of one and one-half (1 1/2) days for each month of active employment, and any such teacher who is absent beyond his/her accumulated sick leave shall, if still employed at the end of the school year, be reimbursed for any days of absence due to sickness, up to a yearly total of fifteen (15) days (including days previously paid).  Sick leave not used by elected teachers in the year of service for which it was granted shall be accumulated from year to year without limitation.

 

B.        Subject to the provisions in Section A above, the following shall apply for the term of the Agreement:  Any regular employee of the school system, other than Civil Service employees, absent on account of personal illness, or other like disability, or any quarantine regulations of the Board of Health, shall receive full pay for the first fifteen (15) days of absence in any school year.  The superintendent may require a bargaining unit member to provide a statement from the employee's physician for each period of disability of five (5) consecutive days or more or, after consultation with the Association president, when evidence of excessive sick leave is demonstrated.

 

The parties agree to establish a Joint Study Committee with two (2) members appointed by the superintendent and two (2) members appointed by the Association who will study absence numbers and patterns in the schools.  The Joint Study Committee will complete its work by May 1, 2009.  If recommendations made by the Joint Study Committee would have an impact on existing language in the collective bargaining agreement, then such recommendations will be forwarded to the School Committee’s and the Association’s negotiating committees for action.  Any agreed upon changes in collective bargaining language will be subject to ratification by the parties for implementation on September 1, 2009.

 

C.        The Association agrees that sick leave should not be abused and recognizes the right of the administration to discipline appropriately any teacher guilty of such abuse, including possible reimbursement to the School Committee of any such sick leave payments made to a teacher to which s/he is not entitled under the terms and conditions of this article.

 

D.        A sick leave bank shall be established.  All members of Unit A will be forwarded a sick leave bank form in September which will be returned by each Unit A member indicating whether said member wishes to join the sick leave bank.  This form will be returned to the superintendent no later than October 1.

 

E.         Sick Leave Bank Rules:  The sick leave bank will operate for those who have an extended illness and/or disability and have exhausted their own sick leave.  Following are the regulations governing the operation of the sick leave bank.

 

1.         The sick leave bank shall be administered by a sick leave committee consisting of one (1) member representing the School Committee, one (1) member representing the superintendent, and one (1) member representing the Association.  The sick leave bank committee shall determine the eligibility for the use of the bank and the amount of leave to be granted, and the sick leave bank committee's decision shall be final.

 

2.         Membership in the sick leave bank shall be voluntary for each and every teacher employed by the School Committee, but a member must remain for a full year of operation once s/he commences participation.

 

3.         Each participant in this program shall contribute one (1) day of his/her annual sick leave to the sick leave bank as a premium for membership.  If, during the school year, the sick leave bank is depleted, the bank shall be replenished by the contribution of one (1) additional day by each member.

 

4.         Any participant must have fifteen (15) days of unused sick leave before s/he is eligible to become a member of the sick leave bank.  Only those who deposit to the bank will be eligible to withdraw from it.

5.         The balance of days remaining in the sick leave bank at the completion of each school year will be forfeited, will not be cumulative for future use, and will not be returned to participants.

 

6.         The following criteria shall be used by the sick leave bank committee in determining eligibility and the amount of sick leave to be granted:

 

a.         Application;

b.         Sufficient medical evidence of serious illness;

c.         Prior utilization of all eligible sick leave;

d.         Documented sick leave abuse per Section C of this article.

 

7.         The initial request from the sick leave bank may be for no more than five (5) days.  Any request for an extension of days after the initial request will be forwarded to the sick leave bank committee as necessary.  The sick leave bank committee reserves the right to vote on any requests for extension.

 

8.         No days may be withdrawn from the sick leave bank for any reason other than personal illness.  Days may not be withdrawn to permit a participant to remain at home to care for other members of his/her family.

 

9.         No days may be withdrawn from the sick leave bank for maternity leave, except where mandatory under state or federal laws, or valid Massachusetts Commission Against Discrimination regulations.

 

10.       Any area that is not covered specifically by this Agreement will be subject to the vote of the sick leave bank committee.

 

11.       A sick leave bank application shall be stapled to the first pay-check in September.

 

F.         Teachers may use up to five (5) days per year to be deducted from their sick leave days for the purpose of arranging care for a member of the immediate family suffering from a catastrophic illness or for family illness.

 

G.        Beginning with the 2001-2002 school year, upon retirement, a teacher may buy back up to one hundred (100) days of accrued sick leave at thirty ($30) dollars per day.  Notice by October 1 of impending retirement at the end of the school year will result in payment the following July; otherwise, such teacher will be paid during the fiscal year subsequent to that fiscal year in which the employee retires.

 

The School Committee will allow a bargaining unit member to make a one-time transfer of sick leave buy back monies at the time of retirement to a §403B plan, if permitted by and in accordance with applicable federal law and regulations.

 

H.        Consistent with the rights of an employer under the Americans with Disabilities Act (“ADA”) and M.G.L. c. 151B, if the superintendent has reason to question whether a bargaining unit member is able to perform the essential functions of the member’s job, the superintendent may require a statement from a physician or other appropriate health care provider who has examined the member that the member is capable of performing the essential job functions of the job, with or without reasonable accommodation.

 

ARTICLE XX

TEMPORARY LEAVES OF ABSENCE

 

A.        Teachers will be entitled to the following temporary leaves of absence with pay each school year:

 

1.         With the advance approval of the superintendent, two (2) days of personal leave of absence for valid reason that requires absence during school hours.  Application for such leave will be made at least twenty-four (24) hours before taking such leave (except in the case of an emergency).  This provision shall not apply except for emergencies during the following periods: the first two (2) weeks of school and two (2) weeks prior to the closing of school, the day prior to vacation and holidays and the day following a holiday or vacation.  The second day of personal leave, when used, shall be deducted from sick leave.

 

2.         With the advance approval or at the request of the superintendent, at least one (1) day for the purpose of visiting other schools or attending meetings or conferences of an educational nature.

 

3.         Time necessary for Association representatives to attend Massachusetts Teachers Association and/or National Education Association conferences and conventions with the advance approval of the superintendent or his/her designee.

 

4.         Time necessary for appearance in any legal proceeding connected with the teacher's employment or with the school system or in any other legal proceeding to which the teacher is summoned.

 

5.         Bereavement:

 

a.         Up to five (5) days at any one time in the event of death of a teacher's family member or household member.

 

b.         Additional bereavement leave, when necessary, may be granted by the superintendent.

 

c.         If a teacher dies in service, arrangements will be made by the superintendent for teachers in the building to attend the funeral services.

 

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

B.        Leaves taken pursuant to the section above will be in addition to any sick leave to which the teacher is entitled.

 

ARTICLE XXI

EXTENDED LEAVES OF ABSENCE

 

A.        A leave of absence without pay of up to two (2) years will be granted to any teacher with professional teacher status who joins the Peace Corps, and a leave of absence of up to one (1) year will be granted to any teacher with professional teacher status who 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 considered for salary purposes as if s/he were actively employed by the School Committee during the leave and will be placed on the Salary Schedule at the level s/he would have achieved if s/he had not been absent.

 

B.        A teacher on military leave shall be reinstated if s/he applies for his/her position within two (2) years after the date of discharge provided s/he does not serve in excess of four (4) years on a voluntary basis and is not disabled or incapacitated for performing the duties of his/her position.  Upon reinstatement, s/he will be entitled to all increments for which s/he would have been eligible except for service in the armed forces.  (See Chapter 708 of the Acts of 1941 as amended by Chapter 580 of the Acts of 1964).  No member of the teaching staff who entered the armed forces shall be penalized thereby, either in salary or rank.

 

C.        1.         To be eligible for a leave of absence under the federal Family and Medical Leave Act of

1993 on account of his/her own or a family member's health condition, an employee must provide the superintendent with certification by a health care provider as to the employee's or family member's serious health condition, provided that the employee may not be required to disclose information that would constitute an unwarranted invasion of privacy.

 

2.         An employee who is absent from work on account of his/her own or a family member's health condition, and who is eligible for leave under the federal Family and Medical Leave Act of 1993, may exhaust any paid leave that is available for such purpose at the commencement of such leave, and such absence shall be considered to be leave taken under the Act.

 

D.        An employee shall be entitled to an unpaid leave of absence for the purpose of caring for a newborn or adopted child, subject to the following:

 

1.         Maternity leave shall be granted to a female employee in compliance with M.G.L. Chapter 149, Section 105D.  Such teacher may also be eligible for sick leave under Article XIX, Sick Leave, of this Agreement.

 

2.         Paternity leave shall be granted to a male teacher as follows:  A male teacher may take up to ten (10) days of paternity leave upon the birth of his child, to be deducted from accumulated sick leave under Article XIX, Sick Leave, of this Agreement.

 

3.         Adoptive leave shall be granted to a teacher of either sex also in compliance with M.G.L. Chapter 149, Section 105D and as follows:  A teacher may take up to ten (10) days of paid adoptive leave upon the adoption of his/her child, to be deducted from accumulated sick leave under Article XIX, Sick Leave, of this Agreement.  The adoptive leave commences when the child is turned over to the adoptive parents.  In the event that the written regulations of an adoption agency require, as a condition of adoption, a period of home care that is longer than the statutory eight (8) week period, such longer period shall be granted, but shall be considered as child-rearing leave under Paragraph 4, Child Care Leave, and subject to the return dates therein specified.

 

4.         Child Care Leave, as distinct from maternity leave, paternity leave or adoptive leave, shall be granted to a teacher of either sex under the following terms:

 

a.         An employee whose child was newly born or adopted during a school year prior to April 1 may return from such leave at the beginning of any marking period during such school year.

 

b.         An employee whose child was newly born or adopted after April 1 may return from such leave at the beginning of the first or second semester in the next academic year.

 

5.         Extended Child Care Leave:  An employee eligible for child care leave may extend such leave for one full school year following the school year in which such teacher would be expected to return under Paragraph 4, Part a or b.

 

            6.         Notice:

 

a.         Whenever possible, notice of maternity leave and expected return date shall be given to the superintendent by an employee at least ninety (90) days prior to its anticipated commencement.

 

b.         Notice of expected adoptive leave and expected length of leave shall be given to the superintendent by an employee upon approval of the adoption.

 

c.         Notice of child care leave and expected return date shall be given concurrently with notice of maternity leave or adoptive leave.

 

d.         Notice of extended child care leave shall be received no later than April 1 preceding the school year for which the extended leave is being sought.

 

e.         If a pregnancy is terminated after the notice of maternity leave and/or child-care leave has been given to the School Committee, such leave may be canceled or curtailed at the discretion of the employee.  If, upon delivery, medical complications to the newborn child warrant child care leave, such leave shall be granted upon request at that time even though child care leave was not originally requested concurrently with the request for the maternity leave under Paragraph 6, Part c.

 

E.         The School Committee accepts M.G.L. Chapter 71, Section 41A, an act authorizing the granting of leaves of absence to public school teachers, principals, supervisors or superintendents for certain service to professional educational organizations.

 

F.         The superintendent will grant a leave of absence without pay or increment to any teacher with professional teacher status to seek election to, or serve in any elected public office, for up to two (2) years of said office.  Such leaves shall be requested prior to the beginning of the school year.  A leave may not be taken under this section more than once every ten (10) years.

 

G.        Other leaves of absence without pay may be granted by the superintendent.

 

H.        A teacher shall be entitled to a one (1) year career exploration leave without pay.  Although a teacher will be entitled to a career exploration leave, the superintendent will not be required to grant any more than forty (40) such leaves in any one (1) school year.  A teacher shall not be entitled to any more than one (1) career exploration leave.  In order to be granted such leave, the teacher must notify the superintendent in writing of his/her intention to take such leave no later than April 1 of the school year preceding the year in which the leave is to be taken.

 

I.          1.         All benefits to which a teacher was entitled at the time his/her leave of absence commenced,

including unused accumulated sick leave, will be restored to him/her upon his/her return.  No sick leave will be accumulated during the period of said leave.

 

2.         a.         A teacher who returns from a leave of absence under this article after less than two

(2) years will be assigned to the same assignment held at the time such leave commenced.  If that assignment is no longer available, such teacher will exercise seniority rights in relation to involuntary transfer.  An employee on child care leave who returns to work at the beginning of a school year as provided in Section D, Paragraph 4, Part b of this article shall be covered under the terms of this section.  Whenever a teacher combines multiple, consecutive one-year leaves of absence, this section shall apply only to the first such year.

 

b.         A teacher who is scheduled to return from a leave of absence longer than one (1) year or from leave provided in the case of birth or adoption which is longer than the leave as set forth in Part a, above, shall be eligible to participate in the bidding process in the sequence set forth in Article X, Teacher Assignment and Transfer, Section B, Sequence of Personnel Actions, Paragraph 1, Part d.

 

ARTICLE XXII

SABBATICAL LEAVE

 

A.        Sabbatical leave may be granted by the superintendent for the purpose of study and research after seven (7) years of continuous satisfactory service in the public schools of the City of Somerville, and after the completion of any subsequent seven (7) years; provided, that the teacher shall submit in writing to the superintendent on or before January 1 of the year in which the leave is to take place a plan of study or travel for his/her approval.

 

B.        The leave shall be granted for a period not exceeding nor less than one (1) school year and shall begin in September and, further, shall be limited to five (5) teachers, chosen in order of seniority service, or condition of health, preference being given to those who have not had a previous leave of the same nature.  The compensation shall be one-half (1/2) of the basal salary as of June preceding the sabbatical year, the teacher's retirement allowance to be deducted from this salary.

 

C.        The teacher shall sign an agreement binding him/her to continue in the service of the City of Somerville for three (3) years after the expiration of the leave, or in case of resignation within the period of three (3) years, to refund to the City of Somerville such proportion of the amount paid him/her during the leave as the unexpired portion of three (3) years bears to three (3) years.  The provisions of this agreement, however, shall not apply where resignation on account of ill health is granted by the superintendent or where resignation is requested by the superintendent.  

 

D.        The teacher on leave shall report to the superintendent, in such form as s/he may determine, the manner in which his/her time is being employed, such reports being due on the first of December, March and July.

 

E.         The teacher taking advantage of this privilege shall be entitled upon return to the same position, and the year of leave shall be included in the years to the City for all purposes except the accrual of salary increments.

 

ARTICLE XXIII

PROTECTION

 

A.        Teachers will immediately report to their principal or immediate supervisor, in writing, all cases of assault suffered by them in connection with their employment.

 

B.        This report will be forwarded to the superintendent, who will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teacher, the police and the courts.

 

C.        So far as permitted by M.G.L. Chapter 258, the superintendent shall provide indemnification whenever any teacher shall become eligible therefor.

 

D.        1.         An employee who is absent because of personal injury arising out of and in the course of

his/her employment, as a result of an assault or battery, shall be credited with sick leave, in addition to that credited to him/her at the time of his/her injury.  The additional sick leave shall be equal in duration to the period of his/her absence as a result of such injury.  The employee may take such of this additional sick leave allowance payment as, when added to the amount of any weekly Workers' Compensation disability allowance actually received, will result in the payment to him/her of compensation equivalent to his/her full salary.  The benefits provided for above shall not exceed a period equal to one (1) calendar year.

 

2.         Teachers who are absent from school as a result of personal injury received in the course of employment by the district, other than as a result of an assault or battery, may charge the difference between their compensation payments and their regular salaries against accumulated sick leave.  If a question exists as to whether the employee is entitled to compensation under the Workers' Compensation Act, it is agreed that, pending resolution of said question, the employee may draw full sick leave benefits.  As a condition of receipt of said benefits, the employee shall enter into a written agreement with the school district, wherein s/he agrees to reimburse the district for such excess payments in the event s/he received Workers' Compensation benefits for said period.

 

E.         1.         The School Committee shall reimburse a teacher for:

 

a.         Any clothing, eyeglasses or similar items of personal property damaged or destroyed as the result of an assault or battery suffered in the course of his/her employment; and,

 

b.         The cost of any reasonable medical, surgical or hospital services (less the amount of any insurance reimbursement, and/or Workers' Compensation payment) incurred as the result of any injury arising out of and in the course of his/her employment.

 

2.         The foregoing shall not apply to situations which are the result of gross negligence on the part of the teacher.

 

ARTICLE XXIV

INSURANCE AND ANNUITY PLAN

 

A.        The School Committee will provide to teachers the same health insurance plan available to other city employees and will contribute a percentage of the cost equal to the highest percentage contributed for any other employee groups.

 

1.         A five thousand dollar ($5,000) term life insurance plan of the type presently available to teachers.

 

2.         Individual or family health coverage, whichever applies in the particular case, of the type available to teachers.

 

B.        Teachers will be eligible to participate in a "tax sheltered" Annuity Plan established pursuant to United States Public Law 87-370.

 

C.        The parties agree that they will work jointly to obtain the City of Somerville's agreement to institute a cafeteria plan covering members of the bargaining unit.

 

ARTICLE XXV

TEACHER FACILITIES

 

A.        The School Committee agrees that the following are minimum facilities for teachers:

 

1.         Space in each classroom to safely store instructional materials and supplies.

 

2.         Reasonable access to a telephone in each school building.

 

3.         At least one (1) appropriately furnished room in each school building to serve as a faculty lounge and work area.

 

4.         A centrally located resource center for the use of all teachers in the system.

 

5.         Well lighted, clean, adequately equipped and conveniently located teachers' rest rooms.

 

6.         Adequate eating facilities for teachers.

 

7.         Adequate space for teachers not assigned a homeroom to store their personal effects and instructional materials.

 

8.         Mailboxes for teachers in each school.

 

B.        To the extent that the School Committee has the jurisdiction to provide the foregoing facilities, it shall do so.  To the extent that it is within the jurisdiction of the Building Department of the City of Somerville to provide the foregoing facilities, the School Committee will cooperate with the Association to have such facilities provided for and maintained in all schools by the Building Department of the City.

 

C.        The School Committee will request in all applicable grant applications funding for the acquisition of computer hardware and/or software to achieve a system-wide goal of having a computer and printer in every academic classroom.  This provision will expire upon the achievement of the goal.

 

D.        The School Committee will make reasonable efforts to have the City of Somerville Traffic and Parking Department issue parking stickers to teachers, upon request, for use during the hours from 7:00 a.m. through 5:00 p.m., Monday through Friday, and on evenings of PTA meetings.  The Association will assist the School Committee with this endeavor.  The School Committee also will send the City of Somerville Commissioner of Public Works a letter, requesting that, after snow storms, school yards with driveways will be cleared and reserved for staff parking during the hours from 7:00 a.m. through 5:00 p.m.

 

ARTICLE XXVI

SCHOOL BUILDINGS

 

A.                During the planning stage of a new school, the School Committee will give the Association an opportunity to set forth its views on the proposed new building.

 

ARTICLE XXVII

CONSULTATION PROCEDURE

 

A.        The School Committee and the Association desire to encourage the active participation of teachers in the development and implementation of the best possible working conditions for teachers and educational programs for the school children of Somerville, including state and federal aid programs.  Therefore, they agree as follows:

 

1.         The School Committee and/or the superintendent or his/her designated representative agree to meet with Association representatives periodically for consultation on matters of educational programs, curriculum problems and need for specialized educational programs.

 

2.         The School Committee or members thereof, will, if requested to do so, meet with Association representatives once each semester for consultation on educational programs, curriculum problems, and/or similar matters; provided, however, that during said consultation neither party shall be required to discuss any matters which are included in this Agreement.

 

ARTICLE XXVIII

ASSOCIATION PRIVILEGES

 

A.        The School Committee does not object to the Association's use of school buildings without cost at reasonable times for meetings; provided, however, that the Association will be required to pay for any additional custodial costs involved by reason of said meetings.  The permission of the superintendent and, if necessary, the Commissioner of Public Works will be received in advance of all such meetings.

 

B.        There will be at least one (1) bulletin board in each school building, which will be placed in the faculty lounge or other appropriate private location, for the purpose of displaying notices, circulars and other Association materials.  Copies of all such materials will be given to the building principal, and if the principal objects to said materials, s/he shall have the right to discuss his/her objection with the Association's representative, prior to the posting.  The Association agrees that it will not post any material which is derogatory to the administration, the School Committee or any member thereof, or to the Somerville school system.

 

C.        The Association will have the right to place notices, circulars and other Association materials in the teachers' mailboxes, and to distribute materials in the schools after notifying the principal, provided said distribution does not interfere with any instructional activity.  Copies of all such materials will be given to the building principal; and if the principal objects to said materials; s/he shall have the right to discuss his/her objections with the Association's representative prior to the distribution or placement in the mailboxes of said material.  The Association agrees that it will not distribute any material which is derogatory to the administration, the School Committee or any member thereof, or the Somerville school system.

 

D.        The president and chairperson of the Professional Rights and Responsibilities Committee shall have access to all buildings and all teachers.  Upon entering the building, they shall notify the principal, provided that there shall be no interference with instructional activities.

 

E.         No party to this Agreement shall discriminate against any teacher by reason of his/her membership or non-membership in the Association or his/her participation or non-participation in the activities of the Association or any other employee organization.

 

F.         When it is necessary, pursuant to Article III, Grievance Procedure, for a representative of the Association to attend a jointly scheduled grievance meeting or hearing during a school day, s/he will be released without loss of pay as necessary in order to permit participation in the foregoing activities.  Any teacher, whose appearance in such meetings or hearings as a witness is necessary, will be accorded the same right.  When it is necessary for an Association representative to investigate a grievance during regular school hours, s/he shall, upon notice to his/her principal or immediate superior, be released without loss of pay for the time necessary to do so; provided said investigation cannot be conducted during non-working hours and provided further that s/he can be released without detriment to the educational program.  The Association agrees that these rights will not be abused.

 

G.        The School Committee, upon request, will make available to the Association any available information that is neither confidential nor privileged under law which may be necessary for the Association to administer this Agreement or to prepare for future negotiations.

 

H.        A copy of the official agenda of School Committee meetings will be made available to the Association not later than the end of the school day on the date of said meeting.

 

I.          Release Time for Association President:  Upon request of the Association prior to April 1, its

president shall be placed on a full-time leave of absence for the following school year.  The Association president shall receive his/her full salary and benefits while serving as full-time release president.  The Association shall reimburse the School Committee for the actual salary and fringe benefits, up to Step 5 of the master's lane, of the least senior teacher who is employed by the School Committee as a result of the president's leave of absence.  The president shall accrue seniority while serving under this section and shall retain a right of return to his/her former position as if on leave of absence for not more than one (1) year. 

 

In the event that the Association President is unable to perform the duties of the position for an extended period of time due to illness or injury, and the Vice President of the Association must assume the duties of the President, the School Committee shall relieve the Vice President of his/her teaching duties for such purpose, provided that the STA shall reimburse the School Committee for the cost of the substitute who is employed to cover the Vice President’s regular assignment.

 

J.          The Association office will be a regular stop on the inter-office mail route.  The School Committee will not guarantee delivery.  This is not subject to the grievance procedure.

 

ARTICLE XXIX

PAYROLL DEDUCTIONS

 

A.        Dues Deductions:  The School Committee hereby accepts the provisions of M.G.L. Chapter 180, Section 17C and, in accordance therewith, shall certify to the City Treasurer all payroll deductions for the payment of dues to the Association duly authorized by employees covered by this Agreement.

 

Payroll deductions will be allowed for the Somerville School Employees Federal Credit Union and Massachusetts Teachers Association Credit Union.

B.        Agency FeeIn accordance with the provisions of M.G.L. Chapter 149, Section 178L, as amended by Chapter 463 of the Acts of 1970, and M.G.L. Chapter 180, Section 176, the School Committee shall deduct an agency fee from each teacher who is not a member of the Association, as a condition of said teacher's continued employment in the Somerville Public Schools, and shall transmit the monies to the Association treasurer.  Deductions referred to above will be made in equal payments in amounts certified by the Association treasurer as being the regular membership dues of the Association, the Massachusetts Teachers Association and the National Education Association in the second paycheck each month commencing in November and continuing through the second paycheck in May.

 

This amount to be withheld by the School Committee as an agency fee shall be proportionately commensurate with the costs of collective bargaining and contract administration.

 

The amounts deducted will be submitted to the Association treasurer as soon as is reasonably possible after the issuance of the paychecks from which the deductions were taken.

 

The Association shall indemnify the School Committee against any damages or legal fees expended in compliance with this section and shall comply with any rebate procedure or any process as may be required by state, federal or constitutional law.  The failure of the School Committee to perform any responsibility under this section, including but not limited to the failure of the School Committee to notify any teacher on or before the teacher's initial employment date after August 31, 1987 of such teacher's obligation to join the Association and to pay an agency service fee, shall excuse the Association from its indemnification obligation hereunder in any legal proceeding brought by or in behalf of such individual teacher.

 

Newly hired teachers shall be required to sign a form acknowledging receipt of such notice from the School Department.  A copy of such form shall be supplied to the Association by the School Department.

 

If the Association offers counsel to represent the School Committee and the School Committee declines, choosing instead to be represented by its own attorney, the Association shall not be responsible for legal fees or other litigation expenses of the School Committee but shall remain liable for damages.

 

C.        The School Committee shall vote to accept the provisions of M.G.L. Chapter 180, Section 17I. Employees may authorize the School Committee to deduct from their salary a contribution to VOTE (Voice of Teachers for Education) in an amount which the employee shall specify in writing.  The School Committee shall certify on the payroll the amount to be deducted by the treasurer.  Such amounts shall be transmitted to the VOTE/NEA-PAC account within thirty (30) days.

 

ARTICLE XXX

AFFIRMATIVE ACTION

 

A.        The School Committee's affirmative action plan is hereby modified as follows: Article IV, P.3, after the third sentence, add the following:  Said advisory committee will include three (3) teachers appointed by the Somerville Teachers Association.

ARTICLE XXXI

HEALTH AND SAFETY

 

A.        The School Committee will try to maintain employment conditions free of known hazards to employee health and safety, to provide and maintain a healthful and safe workplace with adequate heating, ventilation and lighting, and otherwise to be in compliance with applicable federal or state laws.

 

ARTICLE XXXII

NEXT WAVE/FULL CIRCLE

 

A.        The following provisions will govern NW/FC teachers who were carried over from City service in 1986 and/or NW/FC teachers subsequently hired by the School Committee.

 

1.         Article IV E (1) a:  Carry-over teachers will retain all benefits accorded by the 1986 Agreement. (Slotting, service credit adjustments, longevity credit, full City teaching service credit, sick leave and sick leave bank).

 

2.         The regular work day for Next Wave/Full Circle teachers may exceed the regular work day for other teachers in this bargaining unit in order to assure the proper performance of program requirements.  The schedule of work on any particular day will be determined collegially through the majority opinion of the faculty in each program, subject to the approval of each program director.

 

            3.         Other Provisions

 

                  a.         Article VII, Class Size, is inapplicable to NW/FC.

 

b.         Carry-over teachers and other teachers at NW/FC will continue to do individualized instructional planning as part of their jobs without extra pay, notwithstanding Article VIII, Textbooks and Curriculum, Section F.

 

c.         No provision of the Unit A Agreement shall be interpreted as requiring the employment of aides or other additional staff at NW/FC.

 

ARTICLE XXXIII

JOB SHARING

 

A.        Job sharing is defined as the voluntary division of a single full-time position between two (2) persons.  It is expressly understood that job sharing shall be voluntary and shall not occur if it results in the layoff, involuntary transfer, or attrition from a building of a full-time teacher.  Job sharing shall not be permitted if it prevents the re-call of a laid-off teacher.

 

B.        A shared job is subject to the approval of the building principal and the superintendent, based on School Committee policy in any instance.  Disapproval shall not be subject to the grievance and arbitration procedure.

C.        Job sharing must be applied for in writing by the two (2) individuals on a form to be mutually agreed upon by the parties.  Applications must be submitted to the superintendent no later than March 15.  Approvals for shared jobs normally shall be finalized prior to the job bidding process. In the event of competing job sharing applications for a single shared job within a seniority area, the selection will be based on educational qualifications, quality of teaching performance and teaching experience.

 

D.        Job sharing shall be effective for one (1) school year.  Job sharers seeking to renew for an additional year may apply therefor under the application procedure in Section C.

 

E.         In the event a job-sharing is discontinued after the first year, the job sharers shall return to their seniority areas and to their positions, if available, with the same rights as teachers returning from a one-year leave of absence.   If job sharing continues beyond one (1) year and thereafter is discontinued, the job sharers shall remain in the seniority area of the job being shared and may exercise their contractual rights with regard to personnel actions as may be taken under Article IX, Teacher Employment, and Article X, Teacher Assignment and Transfer.

 

F.         Teaching salaries shall be pro-rated to reflect the fraction of the position shared.  The experience and educational step for the teachers shall be the same s/he would be entitled to if employed full time.  This step will determine the base salary from which the salary fraction will be computed.

 

G.        Seniority shall be accrued on a pro-rata basis.

 

H.        If one (1) of two (2) job sharers is covered under the City's health insurance plan, the City will contribute toward the cost of health insurance as if the job had only one (1) incumbent.  If both job sharers are covered under the City's health insurance plan, the City will contribute fifty (50) percent toward the cost of each such job sharer's health insurance coverage.

 

I.          Teacher partners will undertake joint planning for the shared position, will share responsibility for their students and will share all teaching and non-teaching duties applicable to the shared position.

 

ARTICLE XXXIV

CHILD CARE FACILITY AND SCHOOL ATTENDANCE OF NON-RESDENT TEACHERS’ CHILDREN

 

A.        The child care facility, having received twenty-five thousand dollars ($25,000) from the School Committee to fund its start-up costs, shall be self-sustaining; the costs of providing child care services will be paid for from user fees.

 

B.        Two-thirds (2/3) of the available slots for the children will be made available to parents who are employees of the School Department (both within and outside this bargaining unit).  One-third (1/3) of the available slots for children will be made available to all other residents of the City of Somerville.

 

C.        A joint child care committee consisting of three (3) representatives of the School Committee and three (3) representatives of the Association will oversee and monitor the development of the child

 

care facility and will set further guidelines for access to such facility subject to the approval of the School Committee.

 

D.        Effective in the 2008-2009 school year, a teacher in the Somerville school system who is not a resident of the City will have the option, at no cost, of having his/her child(ren) attend a school in the Somerville Public Schools, subject to the following conditions:

 

a.         Space available basis in school, as determined by the superintendent;

b.         Limit of twenty (20) students per school year; and

c.         If more apply than there are spaces, there will be a lottery to choose the students who may attend.

 

Once a child is accepted, so long as the teacher is employed in the Somerville school system, the child shall be allowed to attend school through grade twelve (12), subject to the rules and regulations that apply to Somerville residents.  In addition, every reasonable effort will be made to place siblings in the same school, if the parent so requests.

 

ARTICLE XXXV

AUTHORIZED TEACHERS

 

A.        An authorized teacher is one who is employed by the School Committee other than pursuant to election, under either of the following conditions:

 

1.         The teacher is filling a career slot but currently is uncertified and is employed under a waiver granted by the Massachusetts Department of Education.  An authorized teacher who provides the superintendent with evidence during the school year that s/he has become certified by the Department of Education for the position that s/he occupies will be elected for that school year.

 

2.         The teacher is filling a temporary vacancy to which an elected teacher is expected to return.  Substitute teachers who are paid under Article XVIII, Substitute Teachers, Section A, second sentence, are considered to be on authorized status.  A teacher who is serving under this paragraph and acquires professional teacher status no longer shall be considered an authorized teacher.  Substitute teachers filling vacancies resulting from vacancies created by circumstances described in the first two sentences, or as a result of a Unit member's promotion to a managerial or supervisory assignment may, at the discretion of the School Committee, be advanced to authorized status prior to the completion of two (2) months continuous service.

 

B.        An authorized teacher shall not accrue seniority under Article IX, Teacher Employment, Section B, Paragraph 4 or for any other contractual purpose so long as such teacher remains authorized and not elected.  However, upon election or tenure, such seniority shall be retroactive to the beginning of continuous service as an authorized teacher.

 

C.        Authorized teachers shall not be eligible to apply for transfers under Article X, Teacher Assignment and Transfer.

D.        Authorized teachers shall be eligible to apply for evening and summer school positions under Article XIII, Positions in Evening School and Under Federal Programs.

 

E.         Authorized teachers shall be eligible to attend workshops and to acquire credits under Article XV, Professional Development and Educational Improvement.

 

F.         During the first two (2) consecutive years of authorized teaching service, a teacher will accrue sick leave at the rate of one and one-half (1 1/2) days per month and will be allowed to accumulate and carry over unused sick days and to participate in the sick leave bank in accordance with its terms.  Commencing with the third continuous year of authorized teaching service, an authorized teacher no longer will be considered "new to the system," will be granted fifteen (15) days of sick leave at the beginning of that school year as provided in Article XIX, Sick Leave, Section A and will be allowed to participate in the sick leave bank in accordance with its terms.

 

ARTICLE XXXVI

GRANTS

 

A.        The School Committee will notify all Unit members periodically of opportunities that come to its attention to write grant-producing proposals.

 

B.        The School Committee will notify all Unit members of all job and professional opportunities created by grants in such a manner as to give them an opportunity to apply for such jobs and opportunities. The notice will include a description of the job or opportunity, the salary or stipend, the minimum qualifications.  The School Committee will provide the Association with contemporaneous notice of all such jobs and opportunities.

 

C.        The School Committee will provide teachers with a grant-writing workshop on an early release Wednesday during each year of the Agreement.

 

ARTICLE XXXVII

INCLUSION SERVICES AND REGULAR EDUCATION READING SERVICES

 

A.        Special Education Inclusion Services

 

1.                  The principal will notify regular education staff by June 1 of those students with current Somerville IEP’s who are scheduled to be in his/her class in September.

The list of such students will be developed by the principal and SPED Director using information that is currently available.

 

2.                  The principal and SPED Director will make every effort to provide information to regular education staff concerning the above students via meetings and/or written information.

 

3.                  To the best extent possible, classes will be “weighted” by the principal, thus class-size ratios will be comparable, only if an equal number of special education students on comparatively equal IEP’s are enrolled across classes.  Otherwise, class size will be lower for classes with a predominance and/or variety of IEP requirements.

4.                  Grade level regular education teachers and associated special education staff will compile the class lists for instructional services in June for the upcoming September, subject to approval by the principal.

 

5.                  Specialized training will be provided to regular education staff having students whose needs are significantly different from most other students with special needs.

 

6.                  The purpose and required procedures of Child Study Teams for regular education students shall be explained by the principal to the entire staff each September.  Teachers will not be required to give up preparation time for Child Study Team meetings.

 

7.                  Inclusion services shall be scheduled, whenever possible, in Grades 1-8 at the mutual agreement of associated staff, and within the requirements of the IEP.

 

8.                  The district shall identify additional special education staff as a hiring priority as needed.

 

B.        Regular Education Reading Services

 

1.                  The priority for all reading services will be in Grades 1-3.

 

2.                  The priority for services in Grade 1 is The Reading Intervention Program (RIP).

 

3.                  All RIP services will be scheduled in a consecutive block of time in the morning, whenever possible.  RIP services may be in the classroom or pullout according to mutual agreement by the principal, the Grade 1 teacher and the reading teacher.  Should there be no agreement, the decision of the reading teacher shall prevail.

 

4.                  RIP services will not be scheduled during regular reading time in Grade 1.

 

5.                  All other reading services in Grade 2 and 3 will be scheduled after RIP services have concluded.

 

6.                  Reading services in Grades 2 and 3 may be inclusionary or pullout at the mutual agreement of the two teachers.

 

7.                  It is strongly recommended that students entering Grades 2 and 3 be scheduled in June with teams of teachers who have made the commitment to either the inclusion or pullout model.  This will alleviate scheduling concerns and organized services in a more productive way for teachers and students.

 

8.                  The principal will meet with appropriate staff in May and June with regard to scheduling needs for reading services in the upcoming school year.

 


ARTICLE XXXVIII

CRIMINAL RECORD OFFENDER INFORMATION (“CORI”) CHECKS

 

A.        If a bargaining unit member is suspended or reprimanded on the basis of criminal record information, the member may grieve the suspension or reprimand under the just cause provision in this Agreement.

 

ARTICLE XXXIX

ACCEPTABLE USE POLICY

 

A.        The Association accepts those portions of the School Committee’s Acceptable Use Policy that are not inconsistent with this Agreement.  The parties agree that they will continue to engage in a dialogue concerning the Acceptable Use Policy.

 

ARTICLE XL

GENERAL

 

A.        If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

 

B.        This Agreement constitutes School Committee and Association policy for the term of said Agreement, and the School Committee and the Association will carry out the commitments contained herein and give them full force and effect as their policies.  The School Committee will amend its Administrative Regulations and take such other action as may be necessary in order to give full force and effect to the provisions of the Agreement.

 

C.        Any changes in hours, wages or conditions of employment required by state law or regulations of the State Board of Education during the term of this Agreement will result in consultation between the parties.

 

ARTICLE XLI

DURATION

 

A.        This Agreement will be effective as of September 1, 2008, and will continue and remain in full force and effect until August 31, 2011.  The parties agree that not later than November 1, 2010, they will enter into negotiations for a successor Agreement to become effective as of September 1, 2011.

 

SOMERVILLE SCHOOL COMMITTEE          SOMERVILLE TEACHERS ASSOCIATION

 

____________________________________          ________________________________________

 

 

____________________________________          ________________________________________

Date:                                                                        Date:


APPENDIX A

TEACHERS’ SALARY SCHEDULE

 

A.        Implement a new salary schedule in each year of the collective bargaining agreement as set forth below, with step advancement at the midpoint of the 2009-2010 and 2010-2011 school years.

 

B.        Effective September 1, 2008, all bargaining unit members who were on Step 1 of the salary schedule during the 2007-2008 school year and who continued to be employed in the bargaining unit shall receive two hundred fifty dollars ($250), over and above their base salaries, not added to the base, in the 2008-2009 work year, payable in the second pay period in December, 2008.

 

C.        During the term of the new collective bargaining agreement (i.e., September 1, 2008-August 31, 2011), the School Committee will make supplemental payments in the amounts set forth on the table below, not added to the base, to employees who were STA Unit A bargaining unit members on June 3, 2008 and who are placed on the steps and lanes identified on the table below.  Such supplemental payments shall be paid over the course of the work year at the same time as base salary payments.

 

2008-2009

 

                          BA                BA+15                          MA               MA+15           MA+30           MA+45

STEP

    6                                                                    256                  175                                       

    7                  1,292               1,212               1,793               1,724               1,453               1,232

    8                  3,121               3,056               3,103               3,053               2,726               2,495

    9                  2,266               2,221               2,120               2,083               2,900               2,769

 

 

2009-2010

 

                          BA                BA+15                          MA               MA+15           MA+30           MA+45

STEP

    7                                                                    119                    51                                       

    8                  1,114               1,048                 760                  711                  385                   143

    9                                                                                                                    289                     91

 

 

2010-2011

 

                          BA                BA+15                          MA               MA+15           MA+30           MA+45

STEP

    8                     60                     12   

 

 

 


TEACHERS’ SALARY SCHEDULE A-1

2008-2009

 

 

                          BA                BA+15                          MA               MA+15           MA+30           MA+45

STEP

    1                  37,110             38,635             40,584             41,858             43,561             44,691

    2                  38,854             40,392             42,395             43,683             45,411             46,561

    3                  40,597             42,148             44,206             45,505             47,261             48,431

    4                  42,785             44,339             46,463             47,766             49,557             50,747

    5                  44,974             46,529             48,720             50,026             51,854             53,065

    6                  47,386             48,939             51,199             52,506             54,373             55,604

    7                  50,022             51,567             54,348             55,644             57,563             58,814

    8                  53,547             55,075             58,390             59,667             61,643             62,914

    9                  58,368             59,875             63,338             64,602             66,300             67,461

  10                  62,452             63,959             67,422             68,686             71,276             72,337

  11                  63,166             64,673             68,135             69,398             71,989             73,159

 

 

 

TEACHERS’ SALARY SCHEDULE A-2

2009-2010

 

 

                          BA                BA+15                          MA               MA+15           MA+30           MA+45

STEP

    1                  38,632             40,219             42,093             43,415             45,169             46,398

    2                  40,779             42,395             44,377             45,725             47,531             48,801

    3                  42,926             44,566             46,660             48,031             49,893             51,203

    4                  45,297             46,942             49,166             50,544             52,478             53,829

    5                  47,666             49,315             51,672             53,058             55,064             56,455

    6                  50,148             51,793             54,290             55,676             57,761             59,192

    7                  52,742             54,372             57,241             58,606             60,792             62,264

    8                  55,781             57,372             60,641             61,966             64,269             65,783

    9                  59,667             61,208             64,722             66,014             68,101             69,524

  10                  63,280             64,807             68,403             69,685             72,424             73,767

  11                  65,371             66,943             70,489             71,810             74,409             75,558

 


TEACHERS’ SALARY SCHEDULE A-3

2010-2011

 

 

                          BA                BA+15                          MA               MA+15           MA+30           MA+45

STEP

    1                  40,153             41,803             43,602             44,971             46,776             48,105

    2                  42,705             44,397             46,358             47,766             49,650             51,040

    3                  45,256             46,985             49,113             50,556             52,525             53,975

    4                  47,808             49,545             51,869             53,323             55,399             56,910

    5                  50,359             52,101             54,624             56,089             58,273             59,845

    6                  52,911             54,646             57,380             58,845             61,148             62,780

    7                  55,463             57,177             60,135             61,569             64,022             65,715

    8                  58,014             59,669             62,891             64,266             66,896             68,651

    9                  60,967             62,540             66,107             67,426             69,901             71,586

  10                  64,108             65,655             69,384             70,685             73,573             75,198

  11                  67,332             68,951             72,604             73,964             76,641             77,957

 

 


APPENDIX B

EXTRACURRICULAR ACTIVITIES

 

Advisors for extracurricular activities will be selected annually by the principal who will notify the applicant of selection, subject to the approval of the superintendent.  All such positions shall be advertised in each school and interested persons may apply.

 

Only Unit members shall be club advisors.  In the event that no Unit member volunteers to be an advisor for a particular club/activity, the School Committee may employ someone from outside the Unit.

 

Somerville High School                                 Stipend Per Position

                                                                        2008-2009       2009-2010       2010-2011

Music

Chorus Director                                                          $1,000             $1,030             $1,061

Concerts                                                                      $1,250             $1,288             $1,327

Citywide Band                                                           $1,250             $1,288             $1,327

Citywide Chorus                                                         $1,250             $1,288             $1,327

Musical                                                                           $800                $824                $849

Musical Stage Director                                               $1,000             $1,030             $1,061

Musical Producer                                                        $1,000             $1,030             $1,061

Musical Director                                                         $1,000             $1,030             $1,061

Drama Director                                                              $800                $824                $849

Band Color Guard                                                      $1,300             $1,339             $1,379

Band Drill Master                                                       $1,300             $1,339             $1,379

Jazz Ensemble                                                                $650                $670                $690

Band Percussion                                                         $1,050             $1,082             $1,114

Assistant Drill Master I                                                  $325                $335                $345

Assistant Drill Master II                                                $825                $850                $876

Bandmaster                                                                 $2,600             $2,678             $2,758

Class Advisors

Freshman, Sophomore, Junior                          $660                 $690                $720

Senior (includes Prom, Class Day

  and Graduation)                                                        $1,500             $1,545             $1,591

Others

Before School Library Advisors                                 $3,300             $3,399             $3,501

After School Library Advisors                                   $3,300             $3,399             $3,501

Academic Assistance Club                                            $660                $690                $720

Academic Decathlon                                                  $2,000             $2,060             $2,122

Art Club                                                                         $660                $690                $720

Basketball/Football Cheerleaders (2 seasons) $4,000             $4,120             $4,244

Best Buddies Coordinator                                          $2,500             $2,575             $2,652

Board Game Club                                                          $660                $690                $720

Breakfast Story Club                                                     $660                $690                $720

Business Manager (teaching 4 classes)                       $5,000             $5,150             $5,305

Business Manager                                                       $3,000             $3,090             $3,183


Cluster Coordinator                                                    $1,500             $1,545             $1,591

Computer Club                                                              $660                $690                $720

Craft Club                                                                      $660                $690                $720

DECA                                                                            $750                $773                $796

Drama Club                                                                    $660                $690                $720

Friendship Club                                                             $660                $690                $720

Grade 7 and Grade 8 Basketball Coach                        $750                $773                $796

Grade 9 Orientation                                                    $2,000             $2,060             $2,122

Health Club                                                                    $660                $690                $720

Hockey Cheerleaders (1 season)                                 $2,000             $2,060             $2,122

Homework Club                                                            $660                $690                $720

International Club                                                          $660                $690                $720

Library Facilitator                                                          $330                $340                $350

MCAS Tutorial Program (tutors and site-based

  coordinators)                                                                $880                $906                $933

Math Club                                                                      $660                $690                $720

Mentor Program Coordinator                                     $4,000             $4,120             $4,244

Music Club                                                                     $660                $690                $720

National History Day                                                     $660                $690                $720

National Honor Society Advisor                                   $660                $690                $720

National Honor Society Assistant Advisor                   $660                $690                $720

National Board Certified Stipends (paid by state)     $2,500             $2,575             $2,652

New Comers Club                                                        $660                $690                $720

Photography Club                                                          $660                $690                $720

Publishing Club                                                              $660                $690                $720

Reading Enrichment Coordinator                               $1,200             $1,236             $1,273

Reading Club                                                                 $660                $690                $720

Safety Coordinator                                                     $1,500             $1,545             $1,591

School Newspaper                                                      $1,500             $1,545             $1,591

Science Club                                                                  $660                $690                $720

Science Fair                                                                    $660                $690                $720

Science League                                                              $660                $690                $720

Service Club                                                                   $660                $690                $720

Space Club                                                                     $660                $690                $720

Sports Club                                                                    $660                $690                $720

Student Council                                                          $1,500             $1,545             $1,591

Tutoring Club                                                                 $660                $690                $720

Writing Club                                                                  $660                $690                $720

Yearbook Advisor                                                      $1,750             $1,803             $1,857

                       

All other approved intramural and extracurricular activities shall be paid $660 for a minimum of thirty (30) hours of work.  Effective September 1, 2009, the rate set forth in the preceding sentence shall be increased to $690, and effective September 1, 2010, the aforementioned rate shall be increased to $720.

 

The parties agree to review and revise Appendix B for acceptable additions and deletions on an annual basis.

APPENDIX C

COACHING POSITIONS

 

1.         All coaches will be recommended annually to the superintendent for appointment, by the head master of the high school.  Coaches’ appointments will expire unless renewed within sixty (60) days of the last regular season game.  The coordinator of athletics will submit recommendations for all coaches to the head master of the high school.  It is further understood that the coordinator of athletics will seek input from head coaches for assistant coaches before making his/her recommendation to the head master.

 

2.         Any interscholastic sport adopted on a varsity level will be included in this Appendix for the purpose of negotiations.

 

3.         The school department will give preference for coaching appointments to Unit members if their qualifications are equal to outside applicants.

 

        2008-2009      2009-2010      2010-2011

GROUP A

 

 

 

Head Coach

 

 

 

  Football

$8,305

$8,554

$8,811

GROUP B

 

 

 

Head Coach

 

 

 

  Soccer

$4,793

$4,937

$5,085

  Basketball

$4,793

$4,937

$5,085

  Track (I&O)

$4,793

$4,937

$5,085

  Hockey

$4,793

$4,937

$5,085

  Baseball

$4,793

$4,937

$5,085

  Softball

$4,793

$4,937

$5,085

GROUP C

 

 

 

Head Coach

 

 

 

  CrossCountry

$4,038

$4,159

$4,284

  Volleyball

$4,038

$4,159

$4,284

  Swimming

$4,038

$4,159

$4,284

  Wrestling

$4,038

$4,159

$4,284

Ass't Head Coach

 

 

 

  Football

$4,038

$4,159

$4,284

GROUP D

 

 

 

Head Coach

 

 

 

  Tennis

$3,070

$3,162

$3,257

  Golf

$3,070

$3,162

$3,257

  Crew

$3,070

$3,162

$3,257


 

JV Coach

 

 

 

  Soccer

$3,070

$3,162

$3,257

  Basketball

$3,070

$3,162

$3,257

  Track (I&O)

$3,070

$3,162

$3,257

  Football

$3,070

$3,162

$3,257

  Hockey

$3,070

$3,162

$3,257

  Baseball

$3,070

$3,162

$3,257

  Softball

$3,070

$3,162

$3,257

  Volleyball

$3,070

$3,162

$3,257

Freshman Coach

 

 

 

  Football

$3,070

$3,162

$3,257

GROUP E

 

 

 

Freshman Coach

 

 

 

  Basketball

$2,779

$2,862

$2,948

  Hockey

$2,779

$2,862

$2,948

  Baseball

$2,779

$2,862

$2,948

  Softball

$2,779

$2,862

$2,948

  Soccer

$2,779

$2,862

$2,948

  Volleyball

$2,779

$2,862

$2,948

 

 


APPENDIX D

 

SOMERVILLE PUBLIC SCHOOLS

SOMERVILLE, MASSACHUSETTS

 

Performance Evaluation Instrument for Teachers

 

                                                                                                            Observation Report______

 

                                                Evaluation Report_______

 

Teacher's Name_____________________________ Evaluator's Name___________________

 

School____________________________________ Date______________________________

 

Part I:

The purpose of the Somerville Teachers Performance Evaluation Process is to assess the teacher's performance of his/her job responsibilities (a) to identify outstanding professional performance, to reinforce good practices, and to promote professional growth; (b) to identify areas where development is desirable or improvement is necessary; and (c) to identify members of the teaching staff who do not meet the minimum standards of professional performance, so that appropriate action may be taken. The process assumes that teachers are professional and competent individuals who are capable of responding to recommendations and constructive suggestions for improvement.

An evaluator should rate a teacher's performance on this instrument after observing his/her performance over a period of time.

 

S = Satisfactory          NI = Needs Improvement

Please circle either "S" or "NI" for each area of competency listed below, and, in the space below, identify in narrative form the objective factors (descriptors) on which the rating is based:

 

I.          CURRENCY IN THE CURRICULUM

 

A.           The teacher is up to date regarding

curriculum content.                                                                 S                      NI

 

II.        EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.        The teacher plans instruction effectively.                               S                      NI

 

B.        The teacher plans assessment of student

learning effectively.                                                                S                      NI

 

C.        The teacher monitors students'

understanding of the curriculum effectively

and adjusts instruction, materials or assessments

when appropriate.                                                                   S                      NI

III.       EFFECTIVE MANAGEMENT OF CLASSROOM

ENVIRONMENT                                         

A.        The teacher creates an environment that is

positive for student learning and involvement.                      S                      NI

 

B.        The teacher maintains appropriate standards

of behavior, mutual respect and safety.                                  S                      NI

 

IV.       EFFECTIVE INSTRUCTION

A.        The teacher makes learning goals clear to students.               S                      NI

 

B.        The teacher uses appropriate instructional

techniques.                                                                              S                      NI

 

C.        The teacher uses appropriate questioning

techniques.                                                                              S                      NI

 

D.        The teacher evaluates, tries innovative

approaches and refines instructional strategies,

including the effective use of technologies where

applicable, to increase student learning and

confidence to learn.                                                                S                      NI

 

V.        PROMOTION OF HIGH STANDARDS AND EXPECTATIONS

FOR STUDENT ACHIEVEMENT

A.        The teacher communicates learning goals and high

standards and expectations to students.                                 S                      NI

 

B.        The teacher promotes confidence and perseverance

in the student that stimulate increased personal

student responsibility for achieving the goals of the

curriculum.                                                                              S                      NI

 

VI.       PROMOTION OF EQUITY AND APPRECIATION

OF DIVERSITY

A.        The teacher strives to ensure equitable opportunities

for student learning.                                                                S                      NI

 

B.        The teacher demonstrates appreciation for and

sensitivity to the diversity among individuals.                       S                      NI

           


VII.     FULFILLMENT OF PROFESSIONAL

RESPONSIBILITY

A.        The teacher is constructive and cooperative

in interactions with parents and receptive to

their contributions.                                                                  S                      NI

 

B.        The teacher shares responsibility for accomplishing

the goals and priorities of his/her grade/team/department

building and school district.                                                   S                      NI

 

C.        The teacher is a reflective and continuous

learner.                                                                                    S                      NI

Observation Dates and Times:  

 

Part II:

 

Classroom Observation(s)  (Attach additional pages, if required):

 

 

Commendations:

 

 

Recommendations:

 

 

FOR WRITTEN EVALUATIONS:

 

 

Overall Rating:                                                                                                S                      NI

 

 

Evaluator's Signature             

Date:

 

 

Principal's Signature               

Date:

 

 

Teacher's Signature                

Date:

 

N.B.  The teacher's signature only reflects the fact that the teacher has received a copy of the instrument.  If the teacher wishes to attach a written statement, it should be submitted to the primary evaluator within seven (7) working days of receipt of the evaluation instrument.

 

APPENDIX E

EXCERPTS FROM 603 CMR 35.00

 

Teacher and evaluators should be aware of the following excerpts from regulations on the evaluation of teachers, which were adopted by the Massachusetts Department of Education pursuant to M.G.L. Chapter 69, Section 1B and Chapter 71, Section 38:

 

35.01: Authority, Scope and Purpose

 

(2)               The specific purpose of evaluation under M.G.L. Chapter 71, Section 38 and 603 CMR 35.00 are:

 

(a) to provide information for the continuous improvement of performance through an exchange of information between the person being evaluated and the evaluator, and

 

(b) to provide a record of facts and assessments for personnel decisions.

 

(3)        The purpose of 603 CMR 35.00 is to ensure that every school committee has a system to enhance the professionalism and accountability of teachers which will enable them to assist all students to perform at high levels.  603 CMR 35.00, together with the Principles of Effective Teaching . . . set out what Massachusetts teachers . . . are expected to know and be able to do.  603 CMR 35.00 requires that school committees establish a rigorous and comprehensive evaluation process for teachers. .  . , consistent with these principles, to assure effective teaching . . . in the Commonwealth's public schools.

 

* * *

 

35.03:  Principles of Evaluation

(1)        The performance standards shall be measurable.

 

(2)        The performance standards shall reflect and allow for significant differences in assignments and responsibilities.

 

(3)        The performance standards shall be shared with the person being evaluated in advance of the evaluation process.

 

(4)                     The purpose of evaluation shall be stated clearly, in writing, to the person being evaluated.

 

(5)                     The evaluation process shall be free of racial, sexual, religious and other discrimination and biases as defined in state and federal laws.

 

(6)        The person being evaluated shall be allowed to gather and provide additional information on his/her performance.  Such information must be provided in a timely manner and must be considered by the evaluator.

 

(7)        The person being evaluated shall have an opportunity to respond in writing to the evaluation reports.

 


35.04:  Performance Standards for Teachers and Administrators

(1)        School committees shall establish performance standards for teachers upon the recommendation of the superintendent and in accordance with the process described in M.G.L. Chapter 71, Section 38, including conducting a public hearing and engaging in collective bargaining and, if necessary, in binding interest arbitration.  All performance standards established for teachers shall be consistent with and meet the Principles of Effective Teaching adopted by the Board of Education.

 

* * *

 

(3)        School committees are encouraged to establish programs and standards which provide for a rigorous and comprehensive evaluation process for teachers . . . The evaluation process may include consideration of the extent to which students assigned to teachers . . . satisfy student academic standards or individual education plans, and the successful implementation of professional development plans, as provided in M.G.L. Chapter 69, Section 1B and Chapter 71, Section 38.

 

* * *

 

35.06:  Procedure for Evaluation

(1)        Responsibility for Evaluation

 

* * *

 

(c)        The superintendent is responsible for ensuring that all evaluators have training in the principles of supervision and evaluation and have, or have available to them, expertise in the subject matter and/or areas to be evaluated.

 

* * *

 

(3)        Reporting Results

(c)        For any aspect of performance which needs improvement, the evaluation report shall specify what the individual needs to do to meet the performance standards.

 

(d)       A reasonable amount of time shall be provided to permit the individual to implement the recommendations for improvement of performance and to meet the performance standards.


CONSTITUTION AND BY-LAWS

OF THE

SOMERVILLE TEACHERS ASSOCIATION

 

CONSTITUTION

 

ARTICLE I - NAME

 

            The name of the organization shall be the Somerville Teachers Association (STA), and it will be affiliated with the Massachusetts Teachers Association (MTA) and the National Education Association (NEA).

 

ARTICLE II - OBJECTIVES

 

Section 1         Negotiate and defend beneficial salaries and working conditions through the collective

                        bargaining process.

 

Section 2         Promote and further professional and civic activities.

 

Section 3         Foster higher educational standards, promote unity and understanding among the

members, provide opportunities for free discussion of all matters which are pertinent to the teaching profession.

 

Section 4         Create a deeper sense of dignity for the profession through an awareness of the

responsibilities and rights of all teachers.

 

ARTICLE III – OFFICERS AND EXECUTIVE COMMITTEE

 

            The officers shall be President, Vice-President, Recording Secretary, Membership Secretary, and Treasurer.  They shall serve a term of one (1) year and shall comprise the Executive Committee.

 

The duties of the officers shall include the following:

 

President:

Presides at all official meetings of the Association – Annual, General, Board of Directors, Executive Committee Meetings

Oversees the daily administration of the organization

Is ex-officio member of all committees

Appoints all committee chairs with the approval of the Board of Directors

Shall appoint 3 members of the Board to serve as auditing committee

Shall notify building reps of vacancies

Shall be a representative of the STA to the NEA Convention

Shall be a representative of the STA to the MTA Convention

 

 

 

Vice President:

The chief duty of the Vice President is to serve in place of the president in the President’s absence, or if the President is incapable of performing his/her duties.

Attends all official meetings of the Association and presides at all official meetings in the absence of the President

Will assist the President in monitoring the activities of the School Committee

Shall be representative of the STA to the MTA Convention.

 

Recording Secretary:

Responsible for taking and submitting minutes of all official meetings of the Association including the roll of members.

Attends Executive Committee and Board of Directors meetings

Shall be a representative of the STA to the MTA Convention

Will cast one ballot for the slate of uncontested candidates

 

Treasurer:

Completes and files appropriate payroll, taxes, forms

Supervises auditing committee

Prepares annual budget for Board and membership approval

Prepares and submits monthly treasurer’s reports

Collects, tabulates and transmits dues to MTA/NEA including Agency Fee members

Handles all money issues – debits, credits, bill rolls

Attends Executive Committee and Board of Directors meetings

Serves on the Committee on Elections

Shall be a representative of the STA to the MTA Convention

 

Membership Secretary:

Attends new teacher orientation to enroll and explain membership

Distribute membership materials, communicates with and enrolls new hires into the Association on a continuing basis

Provides necessary information and works closely with the Treasurer for dues collection

Maintains membership records and certifies that members are in good standing

Attends Executive Committee and Board of Directors meetings

Shall be a representative of the STA to the MTA convention

 

Grievance Chair:

The chair of the Professional Rights and Responsibilities Committee (PR&R) processes all grievances, receives, and makes all calls, prepares all forms, issues notices and reports, makes recommendations and performs any and all other duties necessary to facilitate the operation of the grievance procedure

Presents status reports to the Executive Committee and Board of Directors

Attends Executive Committee and Board of Directors Meetings

Monitors grievances for the purpose of developing proposals for negotiations.

Assist in recruitment of members to serve on the grievance committee.

 

 

 

The duties of the Executive Committee shall be as follows:

a.       It shall provide, maintain and regulate the headquarters and other property of the Association

b.      It shall make recommendations to the Board of Directors concerning acquisition, disposition and financing of headquarters and office equipment

c.       It shall make recommendations to the Board of Directors concerning the creation of employee positions, the rate of compensation and all matters of personnel policy.

d.      It shall prepare the annual budget for Board approval, authorize transfer of funds within the approved budget

e.       It shall act upon matters related to membership status

f.       If the President becomes incapable of performing his/her duties, the Executive Committee may submit to the Board of Directors a motion to consider replacing the President.

 

 

ARTICLE IV - DIRECTORS

 

Section 1         There shall be three types of directors: building directors, paraprofessional bargaining

                        unit directors, and at-large directors.

 

   a.         Each school building may have one building director for each fifty (50)

members or fraction thereof in that building, to be elected exclusively by the STA members in that building.

 

b.                  The paraprofessional bargaining unit, SCALE and the Edgerly Center may have                                                                                                                                                                                                                                              

up to two (2) bargaining unit directors, to be elected at-large exclusively by the members of those units.

 

   c.         Up to three (3) directors-at-large may be elected by the Board of Directors.

 

Section 2         The term of office for all directors shall be one (1) year.

 

Section 3         Building directors shall represent and be responsible to the STA members in the

building from which they were elected.

 

            a.         Building directors shall consider itinerant members to be a part of their building

                                    if such members are assigned to their building on Tuesday afternoons.       

 

   b.         In all buildings where there is more than one (1) building director, the building

directors shall meet each spring and structure their exact areas of membership responsibility, dividing responsibility by department, grade, and/or building design and being certain that all members are represented by a building director. Before the end of each school year, these building directors shall present to the President in writing their proposed membership responsibilities.  The President, prior to his/her approval and in conference with the affected building directors, may make necessary changes to the proposals.

 

 

   c.         In all buildings where there is more than one (1) building director, if a building

director becomes unable to continue, the remaining building director(s) shall assume additional membership responsibilities until a new building directors can be elected or appointed.

 

Section 4         The paraprofessional bargaining unit directors shall represent and be responsible to the

paraprofessional members who elected them.

 

Section 5         Directors-at-large assume responsibilities as recommended by the President and

approved by the Board of Directors.

 

 

ARTICLE V – BOARD OF DIRECTORS

 

            The Board of Directors will include members of the Executive Committee, the Directors, and the immediate past president.  Other past presidents shall be non-voting members of the Board.

 

 

ARTICLE VI - MEETINGS OF THE BOARD OF DIRECTORS

 

Section 1         The Board shall have at least one (1) meeting in each month of the school year.

 

Section 2         The President shall preside over the Board of Directors Meetings.  In his/her absence, the                           Vice President presides.

 

Section 3         Special meetings may be called by the presiding officer or two-thirds (2/3) of the                                       membership of the Board.

 

 

ARTICLE VII - DUTIES OF THE BOARD OF DIRECTORS

 

         Section 1       The Board of Directors shall have at least one (1) meetings in each month of the school year.

 

Section 2         The President shall preside at the Board of Directors meeting.  In his/her absence, the Vice-President presides.

 

Section 3         The Board shall direct policies, set appropriations for expenses, and conduct the general

business of the Association.

 

Section 4         The Directors may, by two-thirds (2/3) of the entire Board, institute major action or

policies in behalf of the Association when such action or policies are demanded on short notice and it is not feasible to call a special meeting for a general vote.

 

Section 5         The Board of Directors may appoint subcommittees to expedite general business.

 

 

Section 6         The Board of Director shall report major actions of its meetings at the general meetings

of the Association and by monthly bulletins.

 

Section 7         The Board of Directors shall reserve the right to request the resignation of any Board

member who by consistent absence without cause fails in the exercise of his/her proper responsibility.

 

Section 8         The President shall appoint three (3) members of the Board to serve as an Auditing

Committee.  These members will be subject to Board approval.  The report will be given at the Annual Meeting.

 

Section 9         The Somerville Teachers Association will do outreach to retired members at least twice a year.

 

 

BY-LAWS

 

ARTICLE I - NOMINATIONS AND ELECTIONS

 

Section 1         The election of all officers and directors shall take place by written ballot on the first

Tuesday in May of each year.

 

Section 2         The procedure for nomination and election of officers shall be as follows:

 

a.         The Board of Directors shall choose each year six (6) of their number to serve with the Treasurer as a Committee on Elections.  They shall choose a Chairperson and shall be charged with the proper conduct of all elections.

 

b.         On the last Monday in March of each year, nomination papers shall be made

available to all members in good standing through their building director.

 

c.         A candidate for an officer position shall be declared nominated and his/her name

shall appear on the written ballot if s/he presents to the Committee on Elections no later than the last Monday in April the signatures of fifteen (15) members in good standing supporting his/her candidacy, except that no person shall be considered nominated for President who has not actively served two (2) years on the Board of Directors  “Actively served” for the purpose of this article means having attended a majority of the Board of Directors meetings.

 

                       d.         A candidate for a director position shall be declared nominated and his/her name

shall appear on the written ballot if s/he presents to the Committee on Elections no later than the last Monday in April the signatures of five (5) members in good standing supporting his/her candidacy.  Signatures for candidates for the Board of Directors must be collected from within the appropriate building or bargaining unit in order to be valid.

 

e.         Ballots shall be available in each school on the first Tuesday in May.  The

building directors shall distribute, collect, and return to the Committee on Elections on the same day all ballots, marked and unmarked.  If positions for officers and directors are uncontested, then the Secretary will be directed to cast one (1) ballot for the slate of uncontested candidates.

 

f.          Volunteers recruited by the Committee on Elections and not running for any

elective positions shall count the vote and make the results public by the day following the election.

 

Section 3         The procedure for nomination and elections of directors shall be the same as outlined for

officers, except:

 

a.         Before the last Monday in March of each year, the President shall notify building

representatives in districts or areas which will be affected by an impending vacancy on the Board of Directors due to the expiration of the term of office of the District Director.

 

Section 4         Officers-elect and Directors-elect shall be installed and assume duties on July 15th.

 

Section 5         Any member in good standing is eligible to hold office in the Association except as

described in Section 2 (c) above.

 

Section 6         The STA officers shall be among the representatives of the STA to the MTA Annual

Meeting, with the remaining MTA positions to be elected at-large.

 

Section 7         The President shall be a representative of the STA to the NEA Annual Convention, with

the remaining NEA positions to be elected at-large.

 

ARTICLE II - MEMBERSHIP

 

Section 1         There shall be two (2) forms of membership - active and associate

 

Section 2         Any teacher, paraprofessional, or coach shall be eligible for active membership and may

become a member by paying the required membership fee.

 

Section 3         Associate members shall not vote, hold office, or be counted as MTA members.  All

other privileges accorded to an active member shall be granted any associate member.

 

Section 4         Upon retirement, members of the Somerville Teachers Association in good standing will

be granted life membership in the organization.

 

Section 5         Changes in dues shall be made only by a majority vote of those members in good

standing at the Annual Meeting.

 

Section 6         Non-unit coaches will be assessed STA dues.

 

 

 

 

ARTICLE III - CONTRACT RATIFICATION

 

Section 1         Notification

 

                        a.         There shall be at least a 24-hour notice preceding a ratification meeting.

 

                        b.         There shall be at least 24-hour written notice of any proposed changes in the

contract given to all members.

 

Section 2         Voting

 

a.         Voting shall take place by a secret ballot after discussion for a minimum of thirty

(30) minutes of the terms of the contract in a general meeting of the particular bargaining unit members.  After the minimum of thirty (30) minutes, polls shall be open when a majority of the bargaining unit members present express a desire to end discussion.

 

b.         Voting shall be in person at the designated polling place.

 

c.         Identification shall be required for voting.

 

d.         The voting period shall be three (3) hours, beginning no later than one (1) hour

after the meeting is called to order.  For bargaining units with multiple shifts, provision shall be made for multiple voting periods.

 

ARTICLE IV - MTA & NEA ANNUAL CONVENTIONS

e.         Ballots shall be counted and results announced immediately after the end of all

balloting.

 

 

Section 1         The Board of Directors will notify all members of the time, date and place of the MTA

and NEA annual conventions.  Notification will also include procedure for applying to attend these conventions as local delegates.

 

Section 2         If more than the allotted number apply to be delegates to an annual convention, the

Board shall notify the Committee on Elections to prepare a secret ballot election, and the membership shall elect the delegates.

 

a.         Applicants not voted as delegates shall be considered to be alternates in order of

votes received.

 

                        b.         If additional alternates are needed, the Board shall appoint them.

 

 

Section 3         If not more than the allotted number apply to be delegates to an annual convention, the

Board shall elect those members who applied and shall vote on additional delegates and alternates.

 

 

ARTICLE V - MEETINGS

 

Section 1         There shall be at least four (4) general meetings during the school year. 

 

Section 2         The Association shall hold its Annual Meeting in March of each year. 

 

Section 3         Special or general meetings may be called by the President, ten (10) members of the

Board of Directors or by fifty (50) members of the Association.

 

Section 4         All general meetings shall require ten (10) days written notice; special/emergency

meetings shall be excluded from the ten-day requirement.

 

ARTICLE VI - COMMITTEES

 

Section 1         The Association shall have the following standing committees:  Grievance (Professional

Rights and Responsibilities), Membership, Newsletter, Political Action, Professional Development, Ethics.

 

Section 2         The President and the Board of Directors may authorize other committees as needed.

 

Section 3         The chairpersons of the standing committees shall be nominated from the membership

by the President and elected by the Board of Directors.

 

                                a.  All Committees (other than the Grievance Committee) shall be open to all STA

members in good standing.

 

                        b.         Each committee shall be required to make an annual report except the Grievance Committee which shall make a report, through its chairperson, at each meeting of the Executive Committee and the Board of Directors

 

Section 4          The Grievance chairperson and the members of the grievance committee shall be nominated from the membership by the President and elected by the Board of Directors.

 

ARTICLE VII - STIPENDS

 

            A stipend shall be paid to the President, Grievance Chairperson, and Treasurer.  The dollar amount shall be recommended by the Board of Directors subject to approval by the membership.  The stipend may only be taken in twelve (12) equal monthly installments following months the officer has actually worked. 

 

 

 

ARTICLE VIII - QUORUM

 

Section 1         Fifty (50) members of the Association shall constitute a quorum for the transaction of

                        business.

 

Section 2         Twelve (12) members of the Board of Directors shall constitute a quorum.

 

ARTICLE IX - AMENDMENTS

 

            This Constitution and these By-Laws may be amended at any regular meeting of the Association by a two-thirds (2/3) vote of the members present provided the amendments proposed shall be presented at a previous meeting and due notice of such proposed amendments have been sent to each member.

 

ARTICLE X - PARLIAMENTARY AUTHORITY

 

            The Parliamentary authority for the Association shall be ROBERTS' RULES OF ORDER

(Revised).