Southampton

Show detailed information about district and contract

DistrictSouthampton
Shared Contract District
Org Code2750000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2018
Expired StatusCurrent
Superintendency UnionHampshire
Regional HS MembersHampshire
Vocational HS Members
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communitysmall rural communities
Number of Schools1
Enrollment527
Percent Low Income Students13
Grade StartPK
Grade End6
download pdf version of this document view accessible version of this document Southampton

 

 

CONTRACT

 

Between the SOUTHAMPTON SCHOOL COMMITTEE

 

and the SOUTHAMPTON TEACHERS' ASSOCIATION

 

September 1, 2015 to August 31, 2018

 

IN WITNESS THEREOF the parties hereunto set their hands this 14 day of December , 2015 TBD:

 

For the SCHOOL COMMITTEE                      For the TEACHERS ASSOCIATION

 

_____________________________              ______________________________

Chairperson                                                     Daine H Scott, President

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Contents

ARTICLE I – RECOGNITION……………………………………………………………………..     3

ARTICLE II - MANAGEMENTS RIGHTS………………………………………………………..     3

ARTICLE III - NEGOTIATION PROCEDURE…………………………………………………..    3

ARTICLE IV - AMENDMENT……………………………………………………………………...    4

ARTICLE V -GRIEVANCE PROCEDURE AND ARBITRATION……………………………..    4

ARTICLE VI –SALARIES………………………………………………………………………….      5

ARTICLE VII - TEACHING HOURS AND TEACHING LOAD………………………………..    6

ARTICLE VIII - CLASS SEE……………………………………………………………………….     7

ARTICLE IX - SPECIAL ASSISTANCE FOR TEACHERS…………………………………….     8

ARTICLE X - NON-TEACHING DUTIES………………………………………………………...     8

ARTICLE XI - TEACHER EMPLOYMENT……………………………………………………...     8

ARTICLE XII - TEACHER ASSIGNMENT………………………………………………………     8

ARTICLE XIII-VACANCIES AND PROMOTIONS…………………………………………….     9

ARTICLE XIV - REDUCTION IN FORCE……………………………………………………….     9

ARTICLE XVI - EDUCATOR FACILITIES…………………………………………………….       11

ARTICLE XVII - USE OF SCHOOL FACILITIES…………………………………………….        11

ARTICLE XVIII - SICKNESS AND PHYSICAL DISABILITY LEAVE……………………..       11

ARTICLE XIX-TEMPORARY LEAVES OF ABSENCE………………………………………        13

ARTICLE XX – PROTECTION…………………………………………………………………..       15

ARTICLE XXI - INSURANCE PLANS…………………………………………………………..       15

ARTICLE XXII - PROFESSIONAL BEHAVIOR………………………………………………        16

ARTICLE XXIII - PROFESSIONAL ADVANCEMENT………………………………………        16

ARTICLE XXIV-GENERAL……………………………………………………………………           1746

ARTICLE XXV - STRIKES AND SLOWDOWNS……………………………………………...        17

ARTICLE XXVI - UNUSED SICK DAY REIMBURSEMENT………………………………..        17

ARTICLE XXVII - AGENCY FEE……………………………………………………………….        17

ARTICLE XXVIII – DURATION………………………………………………………………...       18

 

 

 

 

 

 

 

 

 

 

 

 

 

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ARTICLE I - RECOGNITION

 

A.        For the purposes of collective bargaining on questions of wages, hours, and conditions of employment, the Southampton School Committee recognizes the Southampton Teachers' Association as the exclusive representative of all the teachers and nurses of Southampton exclusive of administrative staff members. Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers".

 

B.         A copy of the contract between the Southampton School Committee and the Southampton Teachers' Association relevant to the coming school year will be sent to each new teacher together with their individual contract for employment.

 

ARTICLE II - MANAGEMENT'S RIGHTS

 

A.        The Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the Committee by statute or any rule or regulation of any agency of the Commonwealth. All of the right, powers, and authority held by the Committee are retained by the Committee, except as provided for in this Agreement and any supplement thereto, and the exercise of said rights, powers and/or authority shall not be subject to the grievance procedure and/or arbitration.

 

The parties agree that the operation of the Southampton Public Schools and the supervision of the employees and of their work, are the rights of the Committee alone. Accordingly, reasonable rules to ensure orderly and effective work; to introduce new methods and facilities; the making of work schedules; the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, lay off, recall, discipline or discharge of employees for just cause without discrimination; and the right to discuss terms and conditions of employment with the employees and to inform them concerning employment matters are exclusive rights of the Committee.

 

The exercise by the Committee, of any of the foregoing rights, shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit.

 

B.         The Association understands that the Committee must comply with any law, rules, or regulations which control its fiscal budgeting process, and further acknowledges the right of the Committee to exercise its basic managerial right as to how it complies with such mandates. The Committee agrees to collectively bargain with the Association over the impact of such decisions on wages, hours, and conditions of employment.

 

ARTICLE III - NEGOTIATION PROCEDURE

 

A.        The Committee agrees to negotiate with the Association over a successor agreement concerning wages, hours, and other terms and conditions of employment.

 

B.         If the negotiation carried out by the parties reaches an impasse, the advisory procedures set forth in the General Laws will be employed. Submission to voluntary arbitration under Section 9 of Chapter 150E is neither expressly nor implicitly included in this provision.

 

C.         The parties acknowledge that during the negotiations that resulted in this agreement each had the unlimited right and opportunity to make demands and proposals on any subject or matter not removed by law from the area of collective bargaining; that any such matters not covered herein have been voluntarily withdrawn as part of the consideration for making this agreement Therefore, both parties unqualifiedly waive the right, and each agrees with the other that neither shall be obligated to bargain collectively with respect to any subject not covered by this agreement, except as may be otherwise provided for in any "reopening" clause contained herein, even though said subjects may

 

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not have been within the knowledge of one or both of the parties at the time this agreement was negotiated and signed.

 

D.        Since this agreement represents the entire understanding of the parties on ail subjects covered by it, it may not be added to, deleted from or amended by anyone except the parties hereto. Before the Committee implements a change in policy which affects wages, hours, and other terms of this agreement, the Committee will notify the Association in writing.

 

E.         Any agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association, and will become an addendum to this agreement.

 

F.         The Committee agrees not to negotiate with any organization other than that designated as the exclusive bargaining agent for this unit pursuant to the general laws relating to collective bargaining.

 

ARTICLE IV – AMENDMENT

 

A.        This agreement may be amended at any time by mutual written agreement of the Committee and the Association.

 

ARTICLE V -GRIEVANCE PROCEDURE AND ARBITRATION

 

A.        The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by the contract The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved; and nothing in this contract shall prevent any such employee from individually presenting any grievance of the employee.

 

B.         All references to the President of the Association under this article shall mean the President, or his or her designee.

 

C.         All time limits contained under this article shall consist of calendar days excluding Saturdays, Sundays, and legal holidays. Time limit requirements of this article, except as may be agreed to by both parties, shall terminate the grievance at that point If a grievance reaches Level IV and if time limits are an issue, the Arbitrator shall first determine the facts relating to such time limits and will declare the absence of a grievance if the facts indicate any unauthorized time limit deviation.

 

D.        If at the end of the ten (10) days next following the occurrence of any grievance, or the date of first knowledge of its occurrence by an employee affected by it, the grievance shall not have been presented at Level One of the procedure here set forth, the grievance shall be deemed to have been waived.

 

E.         If any employee covered by this Contract shall present any grievance without representation by the Association, the disposition if any, of the grievance shall be consistent with the provisions of this Contract; and if the Association shall so desire, it shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

 

F.         No written communication, other document, or record relating to any grievance shall be filed in the personnel file maintained by the School Department of Southampton for any employee involved in presenting such grievance.

 

G.        LEVEL ONE:

a.   A teacher with a grievance shall first discuss it with the Principal either directly or through the Association's School Representative, with the objective of resolving the matter informally.

 

H.        LEVEL TWO:

 

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a.   If by the end of fifteen (15) days next following such presentation, the grievance shall not have been disposed to the employee's satisfaction, the employee may, within fifteen (15) days thereafter, file with the President of the Association a written statement of the grievance. Within fifteen (15) days thereafter, such statement shall be reviewed with the employee by the said President of the Association, and if, after such review, the employee shall so desire, the grievance shall thereafter be presented in writing by the employee and the said President of the Association to the Superintendent.

 

 

I.          LEVELTHREE:

a.   If by the end of the twenty (20) days next following such presentation to the Superintendent, the grievance shall not have been disposed of to the employee's satisfaction, the employee may, within fifteen (15) days thereafter, notify the said President of the Association in writing of the employee's desire to have the grievance presented to the School Committee; and within fifteen (15) days next, following receipt of such notice, the President and the Executive Board of the Association shall meet with the employee to decide whether or not the Association shall present the grievance to the School Committee. If the President and the Executive Board of the Association shall so vote, the grievance shall thereafter be presented in writing by the Association to the School Committee; and within fifteen (15) days thereafter, the School Committee shall meet with the President, the Board and the employee in an effort to settle the grievance.

 

J.          LEVEL FOUR:

a.   If by the end of the twenty (20) days next following presentation of the grievance in writing to the School Committee, the grievance shall not have been disposed of to the satisfaction of the President and the Executive Board of the Association, and if the grievance shall involve the interpretation or application of the any provisions of this Contract, the Association may move the grievance to arbitration by filing a written demand to arbitrate with the American Arbitration Association. This written demand to arbitrate must be filed with the American Arbitration Association within twenty (20) days of receipt by the Association of the School Committee Level Three response to the grievance or within forty (40) days of the presentation to the School Committee if the School Committee does not respond. All matters involving the arbitration of the grievance will be conducted under the rules of the American Arbitration Association.

 

b.   The Arbitrator so selected will confer with representatives of the School Committee and the Executive Board of the Association and hold hearings promptly and will issue his or her decision not later than twenty (20) days from the date of the hearings or, if oral hearings have been waived, this from the date of the final statements and proofs having been submitted to him or her The Arbitrator's decision will be in writing and will set forth his or her findings of fact, reasoning and conclusions on the issues submitted. The Arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which violates the terms of this contract. The decision of the Arbitrator will be submitted to the School Committee and to the Association, and will be final and binding.

 

c.   The costs for the services of the Arbitrator, 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. In no event shall any present or future member of the Committee have any personal obligation for any payment under any provisions of this Agreement.

 

ARTICLE VI –SALARIES

 

A.        Teacher salaries are set forth in Appendix "A" which is attached hereto and made a part hereof. Teachers will be paid in twenty-six (26) installments payable every other Thursday beginning with the second week in September of the new school year, with the option of receiving the balance of their pay by July 1st, if requested in writing before May 15th. In the event of a non-school day, payment will

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be made on the preceding business day if school is in session. In the event of a school vacation, payment will be mailed on the last business day preceding the scheduled payment day.

 

B.         The position of Head Teacher, (if applicable), shall be posted annually no later than May 1 and shall be open to all teachers. The salary schedule for Head Teacher is set forth in Appendix "B" which is attached hereto and made a part hereof.

 

C.         The position of Mentor Facilitator, (if applicable), shall be posted annually no later than May 1 and shall be open to all qualified teachers. The salary schedule for Mentor Facilitator is set forth in Appendix "B" which is attached hereto and made a part hereof.

 

D.        he position(s) of Tech Support Teacher (if applicable) shall be posted annually no later than May 1 and shall be open to all teachers. The stipend for Tech Support Teacher is set forth in Appendix "B", which is attached hereto and made a part hereof.

 

E.         The Committee agrees to deduct from the teacher's pay salaries, money for State and/or National dues and NEA and/or MTA services and programs as said teachers individually and voluntarily authorize the Committee to deduct and to transmit the moneys promptly to the Treasurer of the Southampton Teachers Association. Dues deductions will be made in twelve (12) consecutive, equal installments starting with the first paycheck in October. Teachers must give at least sixty (60) days notice to the Association to withdraw this authorization for a subsequent school year.

 

F.         If a new, compensated position is established the School Committee will negotiate with the Association over the salary for the new position

 

ARTICLE VII - TEACHING HOURS AND TEACHING LOAD

 

A.        School Hours

1.   The school day for students will begin at 8:50 A.M. and end at 3:10 P.M.

2.   The workday for teachers will begin at 8:35 A.M. and end at 3:20 P.M., except for duty days, individual parental conferences, and special help sessions.

3.   Said starting and dismissal times are subject to modification by the Committee, providing that no such modification will increase or decrease the length of the teacher's workday.

4.   Teachers will be allowed to leave the school building during their lunch, prep and recess periods without permission so long as they have no regular duties or indoor recess duties. A "sign-out process" will be made available for those leaving the building. Teachers shall be back at school before the start of their next classes. Other than their lunch, prep and recess periods, teachers shall not leave the grounds at any time during the school day without the permission of the Principal. In the event the Principal is not available, permission to leave school grounds for emergency reasons may be granted at the discretion of the Assistant Principal.

 

B.         Work Year

1.   The work year of teachers shall include those regularly scheduled instructional school days, one orientation day and one staff development day at the beginning of the school year, one (1) open house, parent conference days and curriculum days. Teachers will be provided with one half day at the start of the school year to work in their classroom or to participate in on-site back to school work at their discretion. The school principal will plan the use of the other half of the day.

2.   Part time employees will meet with the building principal prior to the start of each school year to determine professional development, evening meetings (including parent teacher conferences, staff meetings, and other obligations) based on the percentage of employment worked (full time equivalent).The employee will also be expected to attend certain non-negotiable sessions including district convocation, if scheduled, and required in-house professional development and training.

 

 

 

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3.   Total days teachers are required to be present will not exceed one hundred eighty-four (184) days, including one (1) day after the closing of school for the purpose of completing unfinished business.

4.   Newly hired teachers shall be scheduled for three additional days (for training and to meet with the Principal) before the rest of the faculty returns. This provision may be waived at the Principal's discretion for teachers returning after a year's leave of absence or after a break in service.

5.   The above shall not infringe upon other terms of this contract such as personal days, sick days, professional days, etc.

6.   If school is cancelled on a scheduled half day for students and staff, or when Professional Development is scheduled, then the make-up day at the end of the year will be made up as a half day as well

 

C.         After Hours Activity

1.   Periodic staff meetings are necessary for reports and discussion of business and management matters. These meetings could also be used for opportunities for input from staff concerning ongoing projects such as curriculum updates, or to discuss other work in progress. Teachers may be required to remain after the end of the regular workday without additional compensation for these meetings. The frequency and length of these meetings will vary depending on topics to be discussed, and except for emergencies there should normally be no more than 20 meetings per year averaging about one hour in length.

2.   Whenever possible, teachers will be notified of such meetings at least forty-eight (48) hours in advance.

3.   Teachers may be required to attend evening meetings each year and will be required to schedule and participate in individual conferences with parents of pupils as needed.

 

D.        Lunch and Recess

1.   Paraprofessionals and/or monitors will be responsible for the supervision of the children in the cafeteria during the student lunch period. Each teacher will receive a 25-minute duty-free lunch period. Paraprofessionals and/or monitors will also assist with the noon recess period.

2.   Teachers will be allowed to use recess time as preparation time except for duty days.

 

E.         Teacher participation in extracurricular activities will be strictly voluntary.

 

F.         Both parties hereto recognize the desirability of providing teacher preparation time where it does not detract from regular duties. Preparation time shall consist of non-duty recess and cafeteria times and when art, music and physical education specialists are responsible for classes. Every teacher, including specialists but excluding nurses, will be scheduled for a minimum of 135 minutes of preparation time in not less than 40 minute periods during the student day for every five days of school except in rare or exceptional circumstances.

 

G.        Whenever Specialists have full responsibility for the class, teachers will not be required to give up any preparation or planning time to attend Special Education and/or 504 team meetings except under highly unusual circumstances.

 

H.        Teachers required to cover classes will be paid at a $20.00 hourly rate with a $10.00 minimum when said coverage results in deprivation of scheduled preparation time as referenced in paragraph F above.

 

ARTICLE VIII - CLASS SIZE

 

A.        The parties agree that a workable class size is important to effective teaching. To the extent reasonably possible, the Committee agrees it will target an average class size of fewer than twenty-five (25) students for each grade and classroom while having no more than thirty (30) students in any one class. The above class sizes apply to single-teacher classrooms.

 

 

 

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B.         Teachers will be allowed discretion to decline the services of non-paid aides or volunteers in a class under his or her charge. This provision shall not be construed so as to express or imply any obligation to provide aides or volunteers.

 

C.         The Committee agrees to submit budgets to the Town adequate in amount to fund the foregoing provisions. If available funding results in a reduction of the budget as submitted, the Committee will notify the Association to negotiate over the impact of such under-funding on this Article.

 

ARTICLE IX - SPECIAL ASSISTANCE FOR TEACHERS

 

A.        So long as specialists are part of the faculty, the Committee and the Association recognize the fact that classroom teachers may require the assistance of certain specialists in order to effectively carry out their duties.

 

B.         Classroom teachers will receive assistance at least once weekly whenever practicable from specialists and demonstrations and supervision from supervisors in art, music and physical education and library in order to ensure that their pupils receive qualified and competent instruction in such areas.

 

ARTICLE X - NON-TEACHING DUTIES

 

A.        The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his or her energies should, to the extent possible, be utilized to this end.

 

a.   Teachers will not be required to drive pupils to activities which take place away from the school building.

 

b.   Duty assignments shall be distributed to all teachers, excluding nurses, in a fair and equitable manner not to exceed 60 minutes per week except in rare or exceptional circumstances.

 

ARTICLE XI - TEACHER EMPLOYMENT

 

A.        Upon initial employment of a previously experienced teacher he/she will be placed upon the appropriate salary step, depending on his/her years of teaching experience and the professional judgment of the Superintendent but in no case to exceed the teacher's years of teaching experience.

 

B.         Previously accumulated unused leave days will be restored to all returning teachers who return within three (3) years of the time they left the Southampton School System provided that they have not taught full-time In the interim.

 

C.         All classroom teachers will be employed for the school work day and work year as specified by Article X. The discretion to share a position shall reside with the Principal as approved by the Superintendent

 

ARTICLE XII - TEACHER ASSIGNMENT

 

A.        Whenever reasonably possible, teachers will be notified of their programs for the coming school year including the room to which they will be assigned, the grade level and/or subjects that they will teach, and any special or unusual classes that they will have, no later than June 1, or as soon as practicable.

 

B.         Reassignments

 

 

 

 

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a.   To the extent reasonably possible, changes in grade assignments and/or subject assignments will be voluntary.

b.   Teachers will be notified by April 15th of any anticipated reassignment, with the understanding that their final placement could change due to budget actions.

c.   When a reassignment is deemed necessary, a teacher's strengths, major or minor fields of study, consecutive length of service in the Southampton School System, grade level, and subject area will be considered.

d.   A reassignment will be made only after a meeting between the teacher and the Principal, at which time the teacher will be notified of the reasons for the reassignment and be given a chance to discuss the reassignment with the Principal. At his or her option, the teacher may have a representative of the Association present at such a meeting.

e.   In the event a reassigned teacher is dissatisfied with the above events, he or she may make an appeal to the Superintendent

f.    No teacher will be reassigned arbitrarily or capriciously.

 

C.         Should it be necessary for a teacher to change classrooms, the teacher will, to the extent possible, be notified by April 15th . Teachers will receive assistance with the move from custodial staff and will be given time during the school year for packing.

 

ARTICLE XIII-VACANCIES AND PROMOTIONS

 

A.        Whenever any vacancy In a professional position occurs during the school year (September to June), it wilt be adequately publicized by the Superintendent by means of electronic communication to all staff and by a notice placed on the school bulletin board as far in advance as possible. For any vacancies that occur during the months of July and August, notification will be sent out via email to "Norris-all" and to the Association President's personal email who will forward to association members. In both situations, the qualifications for the position, its duties, and the rate of compensation will be clearly set forth. The qualifications set forth for a particular position will not be changed arbitrarily, capriciously or without basis In fact when such vacancies occur in the future.

 

B.         In either situation, the qualifications for the position, its duties and the rate of compensation will be clearly set forth. The qualifications set forth for a particular position will not be changed arbitrarily, capriciously or without basis in fact when such vacancies occur in the future.

 

C.         All qualified teachers will be given (10) days from the date of notification to the President of the Association or his or her designee to apply for such positions, and the Principal agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been engaged in teaching, grade level and other relevant factors. When all other factors are substantially equal, preference in filling such vacancies will be given to qualified teachers already employed by the Committee. Permanent appointments will be made as soon as possible.

 

D.        The Committee agrees to recall teachers on a seniority basis within their area of certification. Teachers certified for vacancies shall be re-hired in the inverse order of their release. If a recall offer is declined by a teacher within a two (2) year recall period, the individual will be granted restored benefits upon subsequent recall at the discretion of the School Committee. This obligation will cease for any teacher who has been laid off for more than two (2) consecutive years.

 

ARTICLE XIV - REDUCTION IN FORCE

 

A.        In the event where a reduction In the number of classroom teachers in the unit becomes necessary due to decreased student enrollment, and/or financial shortage, the procedure shall be as follows:

 

 

 

 

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a.   Thirty (30) calendar days before the reduction in the number of classroom teachers actually takes place, a notice shall be posted on the teachers' room bulletin boards or written notice provided by mail notifying the teachers of the impending action.

 

b.   If no teachers voluntarily choose to resign, and a teacher with professional status must be released, the first teacher to be let go shall be the last hired in the school system regardless of grade on a seniority basis; all subsequent teachers to be released on the same basis.

 

c.   Seniority shall mean the number of years, months and days of full-time, regular service, counted from the first actual day of work. in cases of similarity, the date and order of hired shall determine seniority. In the case of simultaneous employment, consideration may be given for non-professional employment at W.E. Norris School. If a teacher takes an unpaid leave of absence for more than ninety (90) days, his or her seniority will cease to accrue for the remainder of the leave period.

 

d.   The Association agrees to prepare and submit annually and no later than January 30th, an updated teacher seniority list. The Committee agrees to verify the list against its records.

 

ARTICLE XV - PROFESSIONAL GROWTH AND EVALUATION

 

A.        The goal of the Professional Growth and Evaluation process will be to assist teachers in developing their professional skills.

a.   All online trainings will be made available to staff before the school year starts with adequate time for completion

b.   Staff will be provided with a copy of the "Staff Conduct Policy (GBEB)" and will acknowledge receipt yearly by initialing the "Receipt of Staff Policy" record kept in the school office.

 

B.         Teacher evaluations will be performed as mandated by and in accordance with Chapter 71 of the Education Reform Act of 1993, Section 38, Teacher Performance Evaluations as updated by 603 CMR 35.00 "Evaluation of Educators

a.   The Administration will share a copy of the Educator evaluation process with all teachers and new teachers to the staff will receive training for the process

 

C.         Nurses will be evaluated through an ongoing and interactive process of multi-step assessment and dialogue between the teacher and Principal, with input from the Nurse Leader/Health Coordinator, throughout the academic year.

 

D.        No teacher with Professional Teaching Status (PTS) will be dismissed, disciplined, reprimanded, reduced in rank or compensation without good or sufficient cause. If a teacher with PTS is given a disciplinary action involving either a suspension or dismissal from employment, the teacher may elect to either follow the grievance to arbitration or follow the procedure set forth in Ch. 71, Sec. 42 of the Massachusetts General Laws. No teacher without PTS will be disciplined, reprimanded, or reduced in rank or compensation without good or sufficient cause. If a teacher without PTS is given a disciplinary action involving suspension or dismissal from employment, the teacher must follow the procedure set forth in Ch. 71, Sec. 42 of the Massachusetts General Laws.

 

E.         All evaluation and observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher. Teachers will, upon request, be given a copy of any evaluation report prepared by the Principal and will have the right to discuss such reports with the Principal. The Principal is required to confer with any teacher whose service has been rated unsatisfactorily in any respect, explain the ratings and plan cooperatively for improvement.

 

 

 

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F.         Teachers will have the right, upon written request to the Superintendent, with at least twenty-four (24) hours advance notice, and after school hours, to review the contents of all of their personnel files. A teacher may have an Association representative accompany him/her during such review

 

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

 

H.        Any credible complaints regarding a teacher relative to his or her professional conduct during school hours made to any member of the Administration by any parent, student or any other person will be promptly called to the attention of the teacher and his or her Principal

 

ARTICLE XVI - EDUCATOR FACILITIES

 

A.        The school will have available for all teachers a designated space in which they may securely store instructional materials and supplies, and a serviceable desk and chair.

 

B.         To the extent practicable within the existing building, the school will have the following available for teachers:

a.   An appropriately furnished room for the exclusive use of the professional staff, as a faculty lounge.

 

b.   An adequate portion of the parking lot will be reserved for teacher parking.

 

ARTICLE XVII - USE OF SCHOOL FACILITIES

 

A.        Subject to the consent of the Committee, acting through the Principal, the Association will be permitted to use school buildings without cost, at reasonable times, for meetings of its members. Sufficient notice in advance of the time and place of such meetings shall be given to the Principal.

 

B.         A section of the bulletin board in each school building will be provided for the purpose of displaying Association notices, circulars and other Association materials.

 

ARTICLE XVIII - SICKNESS AND PHYSICAL DISABILITY LEAVE

 

A.        Availability and Accumulation

 

a.         All teachers will be credited with five (5) days of sick leave the first day of work and will receive ten (10) more additional days on the basis of one (1) day credit for each month actually employed, but not on non-paid leave of absence, to reach a total of, but not to exceed, fifteen (15) days per year.

 

b.         Sick Leave days except as provided in Article XIX, paragraph C (1) and Article XXVI are essentially a form of insurance protection for the teacher and are a potential right to compensation that does not vest in the teacher until the teacher has a personal illness or injury, preventing the teacher from reporting for work and performing his or her duties.

 

 

 

 

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c.         Sick leave days may be accumulated from year to year to a maximum of two hundred (200) days.

 

d.         The Administration has the right to request a doctor's certificate if a teacher has been absent for four (4) consecutive days or fifteen (15) accumulated days during a school year.

 

e.         Teachers will be informed of their accumulated number of sick days prior to November 1 each year.

 

B.         Sick Leave Bank

 

a.         The Committee shall establish and maintain a Sick Leave Bank so as to enable the teachers covered by this contract to voluntarily contribute a portion of their sick leave for the use by any participating member whose sick leave accumulation is exhausted as a result of a prolonged illness or disability

 

b.         Teachers may enroll in the program by donating two (2) days of their accumulated sick leave into the bank prior to September 15th. Newly employed teachers may enroll during the first ten days after initial employment begins if other than at the beginning of the school year.

 

c.         To make room for the participation of new teachers, the Sick Leave Bank's total of accumulated days will be reduced by two days when a new teacher wishes to enroll.

 

d.         Individual teachers will be allowed to donate up to four (4) days to the Sick Leave Bank. .If, through the awarding of sick leave days, the collective accumulated days should drop to a total of twenty (20) or less, teachers will have the opportunity to contribute an additional two (2) days during that school year. Any teacher leaving the Southampton School System shall forfeit any benefit unless recalled and re-employed within three (3) years.

 

e.         At the end of each school year, the unused balance in the bank will accumulate from year to year.

 

C.         The Sick Leave Bank Committee shall be composed of:

 

a.         One School Committee Member

b.         One Association Member

c.         The President of the Teachers' Association

d.         The Superintendent of Schools

 

D.        Eligibility of Benefits

 

a.         Exhaustion of all accumulated sick and personal leave

b.         Individuals may use the bank only once during a school year.

c.         Incapacity for no less than fifteen (15) consecutive school days. This requirement is subject to amendment by the Sick Leave Bank Committee.

 

E.         Benefits

a.         Benefits are limited to participating members who have fulfilled the requirements of eligibility and whose applications have been approved by a majority of the Sick Leave Bank Committee.

 

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b.         Benefits are not available to individuals on leaves of absence for which compensation is not being made by the District.

 

c.         In no case shall the Sick Leave Bank Committee award more than twenty (20) days from the Bank without a review at the conclusion of each twenty (20) days of benefits for any one individual at any one time.

 

d.         The following table will be used as maximum allowable days. All requests will be weighed on an individual basis by the Sick Leave Bank Committee.

 

Number of Years in Southampton       Allowable Days

1st year                                                15 days

2nd year                                              18 days

3rd year                                               21 days

4th year                                               24 days

5th year                                               27 days

6th year                                               30 days

7th year                                               33 days

8th year                                               36 days

9th year                                               39 days

10th year and thereafter                       42 days

 

The Sick Leave Bank Committee shall establish rules and procedures for the actual operation of the Bank subject to the approval of the School Committee and the Association. Decision of the Sick Leave Bank Committee will not be subject to the grievance procedure.

 

ARTICLE XIX - TEMPORARY LEAVES OF ABSENCE

 

A.        Personal Days

a.   Teachers will be granted three (3) days of personal leave annually, with four (4) days annually for teachers with ten or more years of service to the Southampton School District. Personal leave shall not accumulate from year to year nor be deducted from sick leave, upon the following terms and conditions.

i.    The personal day must be for conducting business which cannot be taken care of after school hours and may not be used to extend holidays or vacations without the Principal's prior approval

ii.   The teacher must give the Principal five (5) school days written notice in advance of the desired days, except in cases of emergency, stating the reason

iii.  The Principal's approval will be discretionary, but will not be withheld arbitrarily, capriciously or without basis in fact

iv.  Personal days shall be used to observe religious holidays..

 

B.         Professional Leave

a.   Teachers are encouraged to request leave days for professional visits to other school systems or to attend conferences or workshops. Whenever possible, requests for professional leave shall be filed with the Principal at least five days in advance, using a standard form.

b.   Professional leave will be granted equitably among all teachers throughout the year.

 

C          Family Illness leave

a.   Teachers may utilize up to five (5) of their sick leave days per school year for absences necessitated by reason of serious illness of relatives residing within the teacher's immediate household.

 

 

 

-13-


 

b.   Any teacher absent due to an illness in the immediate family for a period greater than two (2) consecutive weeks must accept an extended leave of absence without pay for a minimum of one (1) month, except in cases determined by the Committee to be extraordinary wherein the Committee shall exercise the option to permit an extension of absence beyond the original two (2) weeks. Under those terms a teacher will be reinstated to his/her original status at the termination of the extended leave, providing this absence does not exceed six (6) months. Notice of impending return after a leave of absence must be furnished to the Superintendent at least two (2) weeks in advance.

 

D.        Maternity Leave

a.   Teacher maternity leave of up to fifteen (15) months will be granted upon request A teacher will notify the Superintendent of Schools, in writing, at least twenty-two (22) days in advance of her intent to take such leave. Continued employment will depend upon physical condition of the teacher in question. Appropriate medical evidence of fitness will be required prior to return from such leave. The parties agree to abide by the statutory provisions of Chapter 149, Section 105D of the General Laws of Massachusetts and any applicable rules and regulations of the Massachusetts Commission against Discrimination.

b.   Maternity leave may be extended at the discretion of the Superintendent

c.   if a teacher returns to school in the same year as the maternity leave, she shall return to the same teaching assignment. If the return to school is in a year subsequent to the maternity leave, the teacher shall return to the same position if possible, but it will not be guaranteed.

d.   Teachers are encouraged to return for the opening of the school year in September or directly following the December break in January. A teacher planning to return is requested to notify the Superintendent of her intent, in writing, by April 1 or November 1 of that calendar year. Failure to so notify the Superintendent by these dates will be considered as notice that the teacher does not wish to return for the next closer school opening, i.e. September or January.

e.   Under unusual circumstances, teachers may return to work following twenty-two (22) days after written notice to the Superintendent.

f.    In all cases, when an employee returns from a maternity leave, her status relative to accumulated and accumulative sick leave and benefits and her position on the current salary schedule will remain the same as it was prior to her maternity leave.

g.   Any teacher leaving after January 1 will be credited with a full year of teaching experience.

h.   Maternity leave will be non-paid except as prescribed by the General Laws of Massachusetts.

i.    Teachers on leave for one school year or less may maintain access to the school email system

 

E          Bereavement Leave

a. Teachers will be allowed up to five days bereavement leave with full pay for each incident in the event of the death of a spouse, parent, grandparent, child, grandchild, sibling, in-law or step-relative

b.   The Principal may grant up to three bereavement days for other situations not listed above.

 

F          Other non-paid emergency leave may be granted by the Superintendent of Schools.

 

G.        Association Delegate Leave

a.   Time necessary for the two (2) Association delegates to attend Massachusetts Teachers' Association and/or National Education Association conferences and conventions will be granted by the Principal, provided that the accumulative amount of time taken by such delegates will not exceed two (2) days per school year.

 

H.        Legal and Jury Duty

a.   Teachers will be granted up to three (3) legal days if they are subpoenaed to appear as a witness in court These days will be granted at full pay with the District paying the difference

 

-14-


 

between any witness fee and their normal per diem salary. These days shall be in addition to any personal or sick days.

b.   When a teacher serves on jury duty during school work-days, compensation will be continued without loss of vacation, sick leave, longevity or other similar fringe benefits. Such compensation will be based upon the regular salary amount minus the amount of court payment to the teacher for jury service.

 

I.          Contract Employment

a.   Teachers may be employed by the District to work beyond the specified school year and/or school day and be compensated for such work as is consistent with summer program or tutoring payment scale accepted by the District.

i.    SUMMER SCHOOL STAFFING-In the event that summer school takes place at the Southampton School and requires teachers to be part of the staff, the following will be taken into consideration when staffing the program:

1.   Openings will be posted in the school informing the staff of expected Summer School positions.

2.   When possible, priority will be given to teachers of the Norris school.

ii.   In the event there are more applicants than openings, the following will be taken into consideration:

1.   Prior satisfactory participation in the Summer School program

2.   Prior satisfactory experience with children in the program

3.   Length of service to the school, certification and experience

iii.  Applicants will be notified of their acceptance or denial into the program in writing before June 15. Teachers will be compensated at the rate of $35.00 per hour.

 

J.          All requests for leave will be submitted in writing to the Superintendent after approval by the Principal. In the event of an emergency, an oral request may be made but a written request must be made after the teacher has returned from such leave.

 

ARTICLE XX – PROTECTION

 

A.        All cases of assault suffered by teachers in connection with their employment will be reported immediately, in writing, to the Principal and the Superintendent. The Administration will render all reasonable assistance to the teacher in connection with handling of the incident by law enforcement, legal, or medical authorities.

 

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

 

C.         All personal effects damaged by assault or any natural causes such as flood or fire while on School property will be reimbursed by the School Committee only to the amount not covered by the teachers personal insurance.

 

ARTICLE XXI - INSURANCE PLANS

 

A.        The Committee will provide the following types of insurance, with a portion paid for the teacher by the Town at the same rate as other Town of Southampton municipal employees:

a.   A term life insurance plan of the type presently available to teachers.

b.   Health insurance benefits shall be offered with the same plan options and carriers as those offered to other employees of the Town of Southampton.

 

 

 

 

-15-


 

B.   An employee on involuntary leave may continue to receive group insurance coverage made available to all staff members by the Committee at the discretion of the Town,

 

C    Upon retirement, Group Medical Insurance and Life Insurance may continue if the retiree wishes to pay the Town fifty percent of the premium. Teachers who receive a disability retirement will be allowed to stay on the Town's plan, or the equivalent type of program if the Town is under the State's group medical plan for retired and disabled workers. (GLC12S, 11B)

 

ARTICLE XXII - PROFESSIONAL BEHAVIOR

 

A.        The Committee and the Association recognize the abuses of sick leave or other leaves, chronic tardiness or absence, willful deficiencies in professional performance, reflect adversely upon the teaching profession and create undesirable conditions in the school building. The Association shall work with the Committee in promoting attitudes and behavior most beneficial to the Southampton School System.

 

ARTICLE XXIII - PROFESSIONAL ADVANCEMENT

 

A         Qualifications for Step Increments

a.   In order to qualify for continued step increments on the Bachelor and Master Degree Scales, a teacher shall produce evidence of satisfactory completion of at least the following number of semester hours of study approved by the Superintendent of Schools, viz.:

b.   For progression on the Bachelor's Scale:

i.    From Level 3 to Level 4, three (3) hours

ii.   From Level 5 to Level 6, six (6) additional hours

c.   For progression on Master's Scale:

i.    From Level 3 to Level 4, three (3) hours

ii.   From Level 6 to Level 7, three (3) additional hours

B.         Any credit which a teacher intends to apply for placement on the B15 salary column must have been earned subsequent to the awarding of the BA degree and for the M15, M30 or M45 credit, subsequent to the earning of the MA degree. No excess credits earned in an undergraduate program or in excess of the Master's Degree white enrolled in the Master's Program will be eligible for such placement. Credits earned in any "district" program will be applied toward scale placement regardless of this provision

a.   Course approval from accredited and non-accredited Institutions shall be requested and secured in advance, in writing. Course requirements must be completed prior to the beginning of the contractual year in order to be considered for placement on the salary scale for such year.

b.   In the event a teacher has submitted a certificate from an accredited institution of higher learning that such teacher is enrolled at said institution in a prescribed course leading to an advanced degree at such institution, the courses required for such degree shall receive automatic approval for credit under this article.

c.   In the event that a teacher anticipates a column change (for example, from M15 to M30), he/she must submit such notice in writing no later than March 1 of the year prior to the anticipated column change.

d.   Salary increments due to column changes must meet the notification requirement of this section and shall be effective the next full pay period following submission of all required documentation to prove completion of earned credits leading to the column change. The increase will not be retroactive..

C          In-district training (programs aimed at instructing the teaching staff relevant to improving the educational process within our local schools) will be offered by the Administration and appropriate credit value will be given by the local School Committee. Such programs may be initiated from within the staff subject to approval by the Superintendent Criteria for acceptance will meet all DOE guidelines, include a qualified instructor and submission of a detailed description of the course, the product/outcome produced by the study, and relevancy to the educational program within our local schools.

 

-16-


 

D.        The Committee will pay the expenses (fees, meats, lodging and/or transportation) incurred by teachers who attend workshops, seminars, conferences or other professional improvement sessions at the request of the Principal or Superintendent. Such days will be considered Professional Days and are not to be taken from other available leave days.

 

ARTICLE XXIV – GENERAL

 

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

 

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

 

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

 

D.        It is understood that all time limits referred to in this contract shall consist of work days unless otherwise specified

 

ARTICLE XXV - STRIKES AND SLOWDOWNS

 

A.        During the term of this Agreement, the Parties hereto agree that there shall be no strikes of any kind whatsoever, work stoppages, withholding of services, slowdowns or interference or interruption of the operation of the School Department by any employees or the Association.

 

B.         Nor shall there by any strike or interruption of work, during the term of this Agreement, because of any disputes or disagreements between any other persons (or other employers' unions or associations) who are not Signatory Parties to this Agreement.

 

C.         Employees who violate this provision shall be subject to disciplinary action, including discharge, and any claim by either Party against the other of a violation of this Article shall be subject to arbitration, as provided for on page 4 of this Agreement.

 

ARTICLE XXVI - UNUSED SICK DAY REIMBURSEMENT

 

A.        A teacher who retires under the Massachusetts Teachers Retirement System and who has more than twenty (20) years of service with the Southampton Public Schools will be reimbursed for half of his or her unused sick leave, to a limit of 100 days, at the current substitute daily rate of pay.

 

ARTICLE XXVII - AGENCY FEE

 

A.        All members of the bargaining unit who are not members of the Association shall be required to pay an annual Agency Fee, pursuant to MGL Chapter 150-E, Section 12. The Southampton Teachers Association recognizes the sole and exclusive remedy for non-payment of the fee shall be for the Association to proceed to court for collection of the fee from a non-paying employee member of the unit. The School Committee is not, and should not be responsible for the implementation, collection, or enforcement of the Agency Fee, except that it will supply any required documentation to establish that a person is a member of the bargaining unit subject to the fee.

 

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B.         The Association agrees that It will indemnify and hold the School Committee harmless for any action taken against any employee as a result of this agency service fee agreement, including but not limited to any legal expenses incurred.

 

C.         in the event of conscientious or other objection to payment of the Agency fee, a member of the bargaining unit may pay the amount of the fee to a scholarship fund to be set up by the Southampton Teachers Association for recent graduates from Hampshire Regional High School.

 

ARTICLE XXVIII - DURATION

 

A.        The clauses in this contract will be effective as of September 1,2015, and will continue and remain in full force and effect until August 31.2018.

 

B.         The parties agree that no later than October 15,2017, they will enter into negotiations for a successor contract to become effective as of September 1,2018.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX A

TEACHER SALARIES

SOUTHAMPTON SALARY SCHEDULE 2015-2016

%

BA

BA15

MA

M15

M30

M45

M60/CAGS

DOC

Base

41,790

43,130

46,358

47,715

49,060

49,890

50,718

52,945

1

43,396

44,824

47,997

49,358

50,718

51,557

52,394

54,601

2

44,996

46,358

49,890

51,287

52,684

53,512

54,341

56,587

3

46,904

48,268

51,830

53,227

54,601

55,452

56,303

58,568

4

48,811

50,173

53,772

55,250

56,587

57,437

58,285

60,586

5

50,718

52,090

56,020

57,418

58,852

59,710

60,566

62,872

6

54,672

55,973

58,285

59,705

61,130

62,000

62,872

65,196

7

 

58,831

60,567

62,000

63,434

64,316

65,196

67,533

8

 

 

65,299

66,814

68,300

69,226

70,151

72,596

 

 

 

 

SOUTHAMPTON SALARY SCHEDULE 2016-2017

 

2%

BA

BA15

MA

M15

M30

M45

M60/CAGS

DOC

Base

42,626

43,992

47,285

48,669

50,041

50,887

51,733

54,004

1

44,264

45,721

48,957

50,345

51,733

52,588

53,442

55,693

2

45,896

47,285

50,887

52,313

53,737

54,583

55,428

57,719

3

47,842

49,233

52,867

54,292

55,693

56,561

57,430

59,739

4

49,788

51,176

54,848

56,355

57,719

58,586

59,450

61,798

5

51,733

53,132

57,141

58,566

60,030

60,904

61,778

64,130

6

55,766

57,093

59,450

60,899

62,352

63,240

64,130

66,500

7

 

60,008

61,779

63,240

64,702

65,602

66,500

68,884

8

 

 

66,605

68,150

69,666

70,610

71,554

74,048

 

 

SOUTHAMPTON SALARY SCHEDULE 2017-2018

2%

BA

BA15

MA

M15

M30

M45

M60/CAGS

DOC

Base

43,479

44,872

48,231

49,643

51,042

51,905

52,767

55,084

1

45,149

46,635

49,936

51,352

52,767

53,640

54,511

56,807

2

46,814

48,231

51,905

53,359

54,812

55,674

56,537

58,873

3

48,799

50,218

53,924

55,377

56,807

57,693

58,578

60,934

4

50,783

52,200

55,945

57,482

58,873

59,757

60,639

63,034

5

52,767

54,195

58,283

59,737

61,230

62,122

63,013

65,412

6

56,881

58,235

60,639

62,117

63,599

64,505

65,412

67,830

7

 

61,208

63,014

64,505

65,996

66,914

67,830

70,261

8

 

 

67,937

69,513

71,060

72,023

72,985

75,529

 

 

 

 

 

 


COLLECTIVE BARGAINING AGREEMENT

EDUCATOR EVALUATION APPENDIX

SOUTHAMPTON SCHOOL DEPARTMENT

WILLIAM E. NORRIS SCHOOL

February 1, 2014 to June 30, 2014

Between the Southampton School Committee and the Southampton Teachers Association

 

IN WITNESS THEREOF, the parties hereunto set their hands:

 

 

For the SCHOOL COMMITTEE                                       For the TEACHERS' ASSOCIATION

Donald W. Abel, Jr., Chair                                             Diane Scott, President

 

Date:  __________________________                          Date:  ___________________________

 

 

The Southampton Teachers’ Association, the Southampton School Committee, and School District Administration agree that due to the late adoption of the Teacher Evaluation procedures described in the Educator Evaluation Appendix, the timeline requirements and deadlines that were originally scheduled to be completed in the fall and winter of 2013 were not completed and will not be the subject of contention by either party.  The parties agree that efforts will be made to meet the guidelines to the best of our collective abilities for the remainder of the 2013-2014 school year.

 


COLLECTIVE BARGAINING AGREEMENT

EDUCATOR EVALUATION APPENDIX

SOUTHAMPTON SCHOOL DEPARTMENT

WILLIAM E. NORRIS SCHOOL

February 1, 2014 to June 30, 2014

Sections:

(1)                         Purpose of Educator Evaluation

(2)                         Definitions

(3)                         Evidence Used in Evaluation

(4)                         Rubric

(5)                         Evaluation Cycle:  Training

(6)                         Evaluation Cycle:   Annual Orientation

(7)                         Evaluation Cycle:   Self-Assessment

(8)                         Evaluation Cycle:   Goal Setting and Educator Plan Development

(9)                         Evaluation Cycle :  Observation of Practice and Examination of Artifacts – Educators without PTS

(10)                     Evaluation Cycle:  Observation of Practice and Examination of Artifacts – Educators with PTS

(11)                     Observations

(12)                     Evaluation Cycle:  Formative Assessment

(13)                     Evaluation Cycle :  Formative Evaluation for Two-Year Self-Directed Plans Only

(14)                     Evaluation Cycle:  Summative Evaluation

(15)                     Educator Plans :  General

(16)                     Educator Plans:  Developing Educator Plan

(17)                     Educator Plans:  Self-Directed Growth Plan

(18)                     Educator Plans:  Directed Growth Plan

(19)                     Educator Plans:  Improvement Plan

(20)                     Timelines

(21)                     Career Advancement

(22)                     Rating Impact on Student Learning Growth

(23)                     Using Student feedback in Educator Evaluation

(24)                     Using Staff feedback in Educator Evaluation

(25)                     Transition from Existing Evaluation System

(26)                     General Provisions



1)            Purpose of Educator Evaluation

A)           This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. c.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system).  In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail.

B)           The regulatory purposes of evaluation are:

i)             To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01(2)(a);

ii)            To provide a record of facts and assessments for personnel decisions, 35.01(2)(b);

iii)           To ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and

iv)           To assure effective teaching and administrative leadership, 35.01(3).

2)            Definitions:

A)           Artifacts of Professional Practice: Products of an Educator’s work and student work samples that demonstrate the Educator’s knowledge and skills with respect to specific performance standards.

B)           Caseload Educator:  Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, and some reading specialists and special education teachers.

C)           Classroom teacher:  Educators who teach preK-12 whole classes, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes.

D)           Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of any duration but not less than 10 minutes;  and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).  

E)           District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are locally bargained and comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.

F)           Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.

G)           Educator Plan: The growth or improvement actions identified as part of each Educator’s evaluation. The type of plan is determined by the Educator’s career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans:

i)             Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment

ii)            Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary.

iii)           Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement.

iv)           Improvement Plan shall mean a plan developed by the Evaluator for a realistic time period sufficient to achieve the goals outlines in the Improvement Plan, but at least 30 school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator’s unsatisfactory performance.

H)           ESE:  The Massachusetts Department of Elementary and Secondary Education.

I)             Evaluation:  The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the “formative evaluation” and “formative assessment”) and to assess total job effectiveness and make personnel decisions (the “summative evaluation”).

J)            Evaluator: Any certified administrator designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings.

i)             Primary Evaluator shall be the person who determines the Educator’s performance ratings and evaluation.

ii)            Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator’s progress through formative assessments, evaluating the Educator’s progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

iii)           Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments.  In cases where there is no predominate assignment, the superintendent will determine who the primary evaluator will be.

iv)           Notification:  The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, if any, at the outset of each new evaluation cycle.  The Evaluator(s) may be changed upon notification in writing to the Educator.

K)           Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation.

L)            Experienced Educator:  An educator with Professional Teacher Status (PTS).

M)          Family: Includes students’ parents, legal guardians, foster parents, or primary caregivers.

N)           Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.

O)           Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

P)           Goal: A specific, actionable, and measurable area of improvement as set forth in an Educator’s plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the same role.

Q)           Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.

R)           Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores.  This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

S)           New Assignment: An educator with PTS shall be considered in a new assignment when teaching under a different license. Teachers shifting grade level assignments under the same license will retain their PTS.

T)           Observation:  A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration but not less than 10 minutes;  by the Evaluator and may include examination of artifacts of practice including student work.  An observation will be done openly and with knowledge of the Educator.  Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.   Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator.  Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article. 

U)           Parties: The Association and the Committee are parties to this agreement.

V)           Performance Rating: Describes the Educator’s performance on each performance standard and overall.  There shall be four performance ratings:

·         Exemplary: the Educator’s performance consistently and significantly exceeds the requirements of a standard or overall.  The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide.

·         Proficient: the Educator’s performance fully and consistently meets the requirements of a standard or overall.  Proficient practice is understood to be fully satisfactory.

·         Needs Improvement: the Educator’s performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

·         Unsatisfactory: the Educator’s performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator’s performance is consistently below the requirements of a standard or overall and is considered inadequate, or both.

W)          Performance Standards: Locally developed standards and indicators pursuant to M.G.L. c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03.

X)           Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L. c. 71, § 41.

Y)           Rating of Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures.  The parties will negotiate the process for using state and district-determined measures to arrive at an Educator’s rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012.

Z)           Rating of Overall Educator Performance:  The Educator’s overall performance rating is based on the Evaluator’s  professional judgment and examination of evidence of the Educator’s performance against the four Performance Standards and the Educator’s attainment of goals set forth in the Educator Plan, as follows:

i)             Standard 1:  Curriculum, Planning and Assessment

ii)            Standard 2:  Teaching All Students

iii)           Standard 3:  Family and Community Engagement

iv)           Standard 4:  Professional Culture

v)            Attainment of Professional Practice Goal(s)

vi)           Attainment of Student Learning Goal(s)

AA)       Rubric:  A scoring tool that describes characteristics of practice or artifacts at different levels of performance.  The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of:

i)             Standards:  Describes broad categories of professional practice, including those required in 603 CMR 35.03

ii)            Indicators:  Describes aspects of each standard, including those required in 603 CMR 35.03

iii)           Elements:  Defines the individual components under each indicator

iv)           Descriptors:  Describes practice at four levels of performance for each element

BB)       Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions.  The summative evaluation includes the Evaluator’s judgments of the Educator’s performance against Performance Standards and the Educator’s attainment of goals set forth in the Educator’s Plan.

CC)       Superintendent: The person employed by the school committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00.

DD)       Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors, or school nurses.

EE)       Trends in student learning: At least three years of data from the locally bargained district-determined measures and state assessments used in determining the Educator’s rating on impact on student learning as high, moderate or low. These measures will be bargained by the parties prior to implementation in 2014.

3)            Evidence Used In Evaluation
The following categories of evidence shall be used in evaluating each Educator:

A)           Multiple measures of student learning, growth, and achievement, which shall include:

i)             Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)            At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide.  These measures may include:  portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects.  One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least three years of data is required.

iii)           Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.

iv)           For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator’s contribution to student learning, growth, and achievement set by the district. The measures set by the district as bargained by the parties should be based on the Educator’s role and responsibility.

B)           Judgments based on observations and artifacts of practice including:

i)             Unannounced observations of practice of any duration but not less than 10 minutes. 

ii)            Announced observation(s) for non-PTS Educators in their first year of practice in a school, Educators on Improvement Plans, and any teacher may request an announced observation.

iii)           Examination of Educator work products.

iv)           Examination of student work samples.

C)           Evidence relevant to one or more Performance Standards, including but not limited to:

i)             Evidence compiled and presented by the Educator, including :

(a)          Evidence of fulfillment of professional responsibilities and growth such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;

(b)          Evidence of active outreach to and engagement with families;

ii)            Evidence of progress towards professional practice goal(s);

iii)           Evidence of progress toward student learning outcomes goal(s).

iv)         Student and Staff Feedback – see # 23-24, below; and

v)         Any other relevant evidence from any source that the Evaluator shares with the Educator.   Other relevant evidence could include information provided by other administrators such as the superintendent.

4)            Rubric

The parties agree that the DESE rubrics from the Model System rubrics attached to this agreement shall be used.

5)            Evaluation Cycle:  Training

A)           Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the superintendent shall determine the type and quality of training based on guidance provided by ESE.

B)           By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal.  Any Educator hired after the November 1st date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE.

C)           The superintendent will work with the Association and the joint labor-management committee (see Section 26, D) to determine the most effective means of providing this training.

D)           At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

i)             Provide an overview of the evaluation process, including goal setting and the educator plans.

ii)            Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii)           The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year. 

The participants will evaluate the effectiveness of this process as a means of providing the joint labor-management committee with feedback.

6)            Evaluation Cycle:  Self-Assessment

A)           Completing the Self-Assessment

i)             The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school. For the 2012 – 2013 school year the professional development and goal setting cycle begins on January 1, 2013.

ii)            The self-assessment includes:

(a)          An analysis of evidence of student learning, growth and achievement for students under the Educator’s responsibility.

(b)          An assessment of practice against each of the four Performance Standards of effective practice using the district’s rubric.

(c)          Proposed goals to pursue:

(1st)      At least one goal directly related to improving the Educator’s own professional practice.

(2nd)    At least one goal directed related to improving student learning.

B)           Proposing the goals

i)             Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals.  Evaluators may participate in such meetings. Prior to the goal-setting process, school and/or district leaders will provide educators with all available assessment data analysis and copies of the school and/or district goals.]

ii)            For Educators in their first year of practice, the Evaluator or his/her designee will meet with each Educator by October 1st (or within four weeks of the Educator’s first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

iii)           Unless the Evaluator indicates that an Educator in his/her second or  third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals.

iv)           For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)            For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals.

7)            Evaluation Cycle: Goal Setting and Development of the Educator Plan

A)           Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning.  The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress.  Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities.  See Sections 15-19 for more on Educator Plans.

B)           To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator’s self-assessment and other sources that Evaluator shares with the Educator.  The parties agree to meet to discuss the impact of this regulatory requirement (see Section 22) after guidance has been issued by ESE. Neither party waives their bargaining rights.

C)           Educator Plan Development Meetings shall be conducted as follows:

i)             Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

ii)            For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six weeks of the start of their assignment in that school

iii)           The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement.  In addition, the goals may address shared grade level or subject matter goals.

D)           The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator’s signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator’s Plan.

8)            Evaluation Cycle:  Observation of Practice and Examination of Artifacts – Educators without PTS

A)           In the first year of practice or first year assigned to a school:

i)             The Educator shall have at least two announced observation during the school year using the protocol described in section 11B, below. The first shall occur within the first 30 school days.

ii)            The Educator shall have up to five unannounced observations during the school year. Teachers may request up to two additional unannounced observations.

B)           In their second and third years of practice or second and third years as a non-PTS Educator in the school:

i)             The Educator shall have up to five unannounced observations and two announced observations during the school year.

9)            Evaluation Cycle:  Observation of Practice and Examination of Artifacts – Educators with PTS

A)           The Educator whose overall rating is proficient or exemplary must have at least two but no more than four unannounced observation during the evaluation cycle.

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

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

10)         Observations

The Evaluator’s first observation of the Educator should take place by December 1.  Observations required by the Educator Plan should be completed by May 31st.  The Evaluator may conduct additional observations after this date.

 

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

A)           Unannounced Observations

i)             Unannounced observations may be in the form of partial or full-period classroom visitations, but not less than 10 minutes. During an unannounced observation, the observer will actively watch the educator and the students. The observer will take notes sufficient to provide the educator with complete and meaningful feedback, without distracting the teacher or students from classroom activities. The observer will consider the essence of the teacher and student actions.  

ii)            The Educator will be provided with at least brief written feedback from the Evaluator within 5 school days of the observation.  The written feedback shall be delivered to the Educator in person, in private and not during lunchtime, or placed in the Educator’s mailbox. The Educator may request a follow up meeting that shall occur within 5 school days.

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

B)           Announced Observations

i)             All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least two Announced Observations.  The first shall take place during October or November and the second between January and April.

(a)          The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation.  The Educator will be provided with advanced notice of at least one school week in advance of the observation to plan and prepare.

(b)          Within 5 school days of the scheduled observation, upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference. In lieu of a meeting, the Educator may  inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance

(1st)      The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

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

(c)          Within 5 school days of the observation, the Evaluator and Educator shall meet for a post-observation conference.  This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

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

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

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

(3rd)     Identify support and/or resources the Educator may use in his/her improvement.

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

11)         Evaluation Cycle:  Formative Assessment 

A)           A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement.  Evaluators are expected to make frequent unannounced visits to classrooms.  Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice.

B)           Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment report is completed.  For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one.  See section 13, below.

C)           The Formative Assessment report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both

D)           No less than two weeks before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator’s performances against the four Performance Standards.

E)           Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report.

F)           The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, in private and not during lunch time, or to the Educator’s school mailbox.

G)           The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report.

H)           The Educator shall sign the Formative Assessment report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)             As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan.

J)            If the rating in the Formative Assessment report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating. 

12)         Evaluation Cycle:  Formative Evaluation for Two Year Self-Directed Plans Only

A)           Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report near the end of the first year of the two year cycle.  The Educator’s performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

B)           The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)           No less than two weeks before the due date for the Formative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator’s performance against the four Performance Standards.

D)           The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face,  in private and not during lunch time, or to the Educator’s school mailbox.

E)           Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report.

F)           The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report.

G)           The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

H)           As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan. 

I)             If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.  

13)         Evaluation Cycle:  Summative Evaluation

A)           The evaluation cycle concludes with a summative evaluation report.  For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by May 31st.

B)           The Evaluator determines a rating on each standard and an overall rating based on the Evaluator’s professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals. 

C)           The professional judgment of the primary evaluator shall determine the overall summative rating that the Educator receives.

D)           For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluator’s supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator’s rating. In cases where the superintendent serves as the primary evaluator, the superintendent’s decision on the rating shall not be subject to review.

E)           The summative evaluation rating must be based on evidence from multiple categories of evidence.  MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)           To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards of Effective Teaching Practice.

G)           No less than four weeks before the due date for the Summative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The evidence may be submitted in either electronic or hard copy format. The educator may also provide to the evaluator additional evidence of the educator’s performance against the four Performance Standards. 

H)           The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth. 

I)             The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face in private, and not during lunch time, or to the Educator’s school mailbox no later than May 15th.

J)            The Evaluator shall meet, in private and not during lunch time, with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June 1st.

K)           The Evaluator shall meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th

L)            Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

M)          The Educator shall sign the final Summative Evaluation report by June 15th  The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

N)           The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report.

O)           A copy of the signed final Summative Evaluation report shall be filed in the Educator’s personnel file.

14)         Educator Plans – General

A)           Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)           The Educator Plan shall include, but is not limited to:

i)             At least one goal related to improvement of practice tied to one or more Performance Standards;

ii)            At least one goal for the improvement the learning, growth and achievement of the students under the Educator’s responsibility;

iii)           An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district.  Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

C)           It is the Educator’s responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.

15)         Educator Plans:  Developing Educator Plan

A)           The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments.

B)           The Educator shall be evaluated at least annually.

16)         Educator Plans:  Self-Directed Growth Plan

A)           A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high.  A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

B)           A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low.  In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

17)         Educator Plans:  Directed Growth Plan

A)           A Directed Growth Plan is for those Educators with PTS whose overall rating is needs improvement.

B)           The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator.

C)           The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 10th.

D)           For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

E)           For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle.

18)         Educator Plans:  Improvement Plan

A)           An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)           The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 30 school days and no more than one school year.  In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

C)           The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan.

D)           An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions). The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan.  The primary evaluator may be the Supervising Evaluator.

E)           The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)           The Improvement Plan process shall include:

i)             Within ten school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan.  The Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator. 

ii)            Upon the educator’s request a representative of the Association shall attend the meeting.

iii)           The educator shall have the right to inform the Association that they been placed on an Improvement Plan.

G)           The Improvement Plan shall:

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

ii)            Describe the activities and work products the Educator must complete as a means of improving performance;

iii)           Describe the assistance that the district will make available to the Educator;

iv)           Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)            Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s);

vi)           Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and,

vii)         Include the signatures of the Educator and Supervising Evaluator.

H)           A copy of the signed Plan shall be provided to the Educator. The Educator’s signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)             Decision on the Educator’s status at the conclusion of the Improvement Plan.

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

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

(b)          In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

(c)          In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

(d)          If the Evaluator determines that the Educator’s practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

20.     Timelines (Dates in italics are provided as guidance) 

Activity:           

Completed By:

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process

September 15

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

Educator submits self-assessment and proposed goals

October 1

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

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

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

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

January 5*

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

February 1

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

February 15

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

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

April 30

Evaluator completes Summative Evaluation Report

May 31

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

June 5

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

June 10

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

June 15

A)           Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

B)           Educators on Plans of Less than One Year

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

21.     Career Advancement

A)        In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal’s decision is subject to review and approval by the superintendent.

B)        Educators with PTS whose summative performance rating is exemplary and, after 2013-14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

22.     Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

23.     Using Student feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

24.     Using Staff feedback in Administrator Evaluation

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter. 

25.     Transition from Existing Evaluation System

A)        The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1).

26.     General Provisions

A)        Only Educators who are licensed may serve as primary evaluators of Educators.

B)        Evaluators shall not make negative comments about the Educator’s performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene.  Nothing in this paragraph is intended to limit an administrator’s ability to investigate a complaint, or secure assistance to support an Educator.

C)        The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement.

D)        Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator’s supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator’s supervisor must meet with the Educator.  The Evaluator may attend any such meeting at the discretion of the superintendent.

C)           The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

D)           Violations of this article are subject to the grievance and arbitration procedures.  .