Southbridge

Contractual Agreement

between the

SOUTHBRIDGE SCHOOL COMMITTEE

41 Elm Street, Southbridge, Massachusetts 01550

and the

SOUTHBRIDGE EDUCATION ASSOCIATION

39 Elm Street, Southbridge, Massachusetts 01550-2644

SOUTHBRIDGE PUBLIC SCHOOLS

Southbridge, Massachusetts

July 1, 2009 – June 30, 2012

TABLE OF CONTENTS

 

AGREEMENT

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Agreement is made this _______________________ day of________________, by the SCHOOL COMMITTEE of the TOWN of SOUTHBRIDGE (hereinafter referred to as, the “Committee”) and the SOUTHBRIDGE EDUCATION ASSOCIATION (hereinafter referred to as, the “Association”).

ARTICLE 1

PREAMBLE

Recognizing that the prime purpose of the Committee is to provide education of the highest possible quality for the students of the public schools of Southbridge, and that good morale within the teaching staff at Southbridge is essential to achievement of that purpose, the Committee and the Association, the undersigned parties to the Agreement, agree that:

1-1 Under the laws of Massachusetts, the Committee, elected by the citizens of Southbridge, has final responsibility for establishing the educational policies for the public schools of Southbridge;

1-2 The Superintendent of Schools of Southbridge (hereinafter referred to as, the “Superintendent”) has responsibility for carrying out the policies so established;

1-3 The teaching staff of the Southbridge public schools recognizes their responsibility to provide quality education to our students;

1-4 Fulfillment of those respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information among the Committee, the Superintendent, and the teaching staff in the formulation and application of policies relating to wages, hours, and other conditions of employment for the teaching staff.

1-5      To give effect to those declarations, these principles and procedures are hereby adopted:

1-5.1 The Office of the Superintendent shall, upon written request, furnish to the Association approved information concerning financial records of the Southbridge School District.

1-5.2 With a minimum of 24 hours’ notice, the Association may request, through the Superintendent, the use of a building for Association meetings after regular school hours. There will be no charge for such use during times when custodians are on regular duty.

1-5.3 The Committee shall permit the President of the Association or his/her designated representative to visit any individuals for any purpose relating to the terms and conditions of this Agreement. If conferences with teachers are necessary, they shall be scheduled before or after regular school hours.

1-6 The terms of this Agreement shall not apply where inconsistent with constitutional, statutory, or other legal provisions. If any provision of the Agreement is found to be contrary to law by the Supreme Court of the United States or by any court with competent jurisdiction from whose judgment no appeal has been taken within the time provided for doing so, such provision shall be modified forthwith by the parties hereto to the extent necessary to conform thereto. In such case, all other provisions of this Agreement shall remain in effect.

1-7 The parties agree that no provisions of this contract shall be deemed to be a limitation of any rights or powers otherwise provided to the parties by law.

ARTICLE 2

FAIR PRACTICES

There shall be no discrimination against any teacher on the basis of race, creed, color, age, as defined by law, sex, handicap, national origin, marital status, sexual orientation, as defined by law, genetic information, military service or membership and/or lawful participation in the Association.

ARTICLE 3

UNIT RECOGNITION

3-1 The Committee agrees and hereby recognizes the Association as the exclusive representative of all the “professional employees” (as such employees are defined in Chapter 150E of the General Laws of Massachusetts) to whom this Agreement applies for the purpose of bargaining with respect to wages, hours, standards of productivity and performance, class size, workload, and other conditions of employment. Such obligation shall not compel either party to agree to a proposal or make concession. The above recognition excludes all Superintendents, School Business Administrators, Principals, Assistant Principals, Administrators of Special Education, Nurses, Substitute Teachers, Permanent Substitute Teachers, In-School Suspension Supervisors, Curriculum Supervisors, Elementary Director of Reading and English/Language Arts, Elementary Director of Mathematics, and Early Childhood Coordinator and Director(s)/Coordinator(s) of Curriculum and Staff Development and any position combining teaching and administrative responsibilities where the teaching responsibilities are less than half-time.

3-2 All salary requests by individuals governed by this Agreement will be considered by the Committee only if they come through the Association.

3-3 The agenda of the Committee shall be provided to the President, Vice-President, and Treasurer/Membership Chair of the Association prior to every regular Committee meeting along with the approved minutes of the previous meeting. Additional copies of each shall be posted in the teachers’ room of each building during the regular school year.

3-4 The Association shall be provided bulletin board space in the faculty room of each school for the posting of official notices and other official materials relating to Association activities.

3-5 The Association shall have the right to place business related material in the mailboxes of teachers, subject to prior notification to the Superintendent. Placement will be made by the building representatives or their designee.

3-6 The Association shall notify the Committee of the identity of its president, agents, and officers within five (5) working days of any change of such positions upon election/appointment of said persons.

3-7 The District shall provide the Association not later than October 1 of each school year with a list of the names, home addresses, home telephone numbers and current assignment and primary work location of all bargaining unit members. The Association acknowledges that such information is confidential, will be used for Association purposes only and not disseminated outside of the Association.

3-8 During the course of the school year, the District shall notify the Association of all changes to the list. Such notice shall include the names of any unit members who resign, retire or go on leave and the names, home addresses, and home telephone numbers of any persons hired during the school year. This notice shall be provided to the Association within two (2) weeks of any changes in the composition of the bargaining unit. The Association acknowledges that such information is confidential, will be used for Association purposes only and not disseminated outside of the Association.

ARTICLE 4

SCHOOL COMMITTEE RIGHTS AND AUTHORITY

4-1 The Southbridge School District and Southbridge School District Administration have the following rights and authority: the management of the Southbridge school system and the direction and the control of the staff, including the right to plan, direct and control System Wide Operations; to determine the number and location of operations; to determining the means, methods, schedules of operations; to alter, rearrange, change, extend, curtail, or discontinue its operations particularly or completely; to determine the methods of educational delivery to be used and services to be rendered; to determine the size, scheduling and assignment of the staff; to establish standards and maintain quality of performance; to establish and require employees to observe the publicized rules and regulations and reasonable standards of conduct; to direct, supervise, and evaluate employees; to conduct mandatory professional improvement programs; to evaluate and determine the educational curriculum; to schedule and cancel classes and schools; to determine the level of student competency; to assign and transfer employees; to promote; to layoff or relieve employees due to lack of work, lack of funds, or for other lawful reasons; to determine class size; to institute technological change; to maintain order and discipline or discharge employees, shall be the right, solely and exclusively, of the Southbridge School District. The foregoing enumeration of management’s rights are not intended to be all-inclusive, but indicate the type of matters or rights which belong to, and are inherent to, management, and shall not be deemed to exclude other rights of management not specifically set forth. The Southbridge School District, therefore, reserves all rights, unless they are limited by the language of a provision of this Agreement. Any of the rights, powers, authority and functions of the Southbridge School District has prior to the negotiations of this agreement are retained by the School District, except as expressly abridged by a specific provision of this agreement. The Southbridge School District not exercising rights, powers, authority and functions reserved it or its exercising them in any particular way, will not be deemed a waiver of said rights, powers, authority and functions of its rights to exercise them in some other way not in conflict with a specific provision of this Agreement.

The exercise of the rights contained in this Article will not be a matter subject to grievance or arbitration, except to the extent that such rights are expressly limited by a specific provision in this Agreement.

ARTICLE 5

DURATION

5-1 This Agreement shall be in effect from July 1, 2009, to and including June 30, 2012, except as provided below and shall thereafter automatically renew itself for successive terms of one (1) year, unless by November 1, prior to expiration of this Agreement, either the Committee or the Association shall have given the other written notice of its desire to modify or terminate it.

5-2 It is agreed that the Committee and the Association will meet at the request of either party. The time, date, and location of said meeting will be determined by mutual agreement.

ARTICLE 6

IMPACT BARGAINING

6-1 The Committee shall afford the Association opportunity to impact bargain on contemplated changes in past practices, wages, hours, and other conditions of employment. The Association must request impact bargaining within ten (10) working days of receiving written notification from the Committee to the President of the Association. Failure to request such impact bargaining shall constitute forfeiture of the right of the Association and its individual members to bargain or grieve the change.

ARTICLE 7

GRIEVANCE PROCEDURE

7-1      PURPOSE

The purpose of this procedure is to secure, at the lowest possible level, solutions to the problems of interpretation which may arise regarding the wages, hours, and other conditions of employment of employees covered by this Agreement. The District and the Association desire that such procedures shall be as informal and confidential as may be appropriate for the grievance involved and at the procedure level involved.

7-2      DEFINITIONS

7-2.1 A grievance is any claim by a teacher or the Association, in writing, that there has been a violation, misinterpretation, or misapplication of the terms of the Agreement.

7-2.2               A working day is defined as a day on which teachers are required to report.

7-3      GENERAL PROVISIONS

7-3.1 If in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such a grievance in writing to the Superintendent directly and the processing of such grievance will commence at Level 2.

7-3.2 While both parties may maintain files of grievances and disposition thereof, the District shall not make any entry or file any paper in the personnel file of any teacher involved in a grievance except as may be required to implement the disposition thereof, subject to State Law.

7-3.3  No reprisals of any kinds shall be taken by any party hereto against any person or party who participated in any grievance proceeding by reason of participation.

7-3.4 For any grievance not resolved by the last working day of the school year, the phrase “working days” shall no longer apply and the phrase “calendar days” shall apply until the first working day of the next school year.

7-3.5 All grievances under consideration must be processed in accordance with the terms of the Agreement in effect at the time the incident which gave rise to the grievance occurred.

7-3.6 Association representatives shall not process teacher grievances during hours scheduled for student instruction or supervision.

7-3.7 The failure of the District to respond at any level shall be considered a denial and the grievant and/or the Association may then move the grievance to the next level.

7-4      GRIEVANCE LEVELS

In the event the teacher believes he/she has a grievance, it shall first be discussed by the teacher or the teacher and a representative of the Association and the building principal wherein the alleged incident occurred. If no satisfactory settlement is made, then the matter shall be settled in the following manner:

LEVEL 1 The grievant and up to three (3) representatives of the Association shall have up to twenty-one (21) working days from the date that individual or the Association should have been aware of the event leading to the grievance to present the grievance, in writing, to the principal of the building wherein the alleged violation, misinterpretation, or misapplication of this Agreement occurred. The grievance shall state the nature of the alleged violation, the harm or detrimental impact such alleged violation has on the grievance, the exact language and the exact section(s) of this Agreement on which the grievance is based, and the remedy sought. It must be signed by the teacher or that teacher and the Association President. The building principal shall answer, in writing, within twenty-one (21) working days of actual receipt of the grievance by the principal.

LEVEL 2 If no satisfactory settlement is agreed upon as provided in Level 1, that teacher or that teacher and up to three (3) representatives of the Association shall have up to twenty-one (21) working days to refer the matter to the Superintendent who shall review the grievance and give a written decision within twenty-one (21) working days of actual receipt of the grievance by the Superintendent.

LEVEL 3 If no satisfactory settlement is agreed upon as provided in Level 2, that teacher or that teacher and up to nine (9) representatives of the Association shall have up to twenty-one (21) working days to refer the grievance to the Chairperson of the Committee. The grievance will be scheduled on the agenda for a closed Level 3 hearing during the next regular Committee meeting between that teacher or that teacher and representative of the Association and the Committee. If the grievance involves an Appointing Authority matter and has not been resolved at the Principal or Superintendent level, as applicable, the Association may submit the grievance to arbitration and shall not submit the grievance to the School Committee.

The Chairperson of the Committee shall give the Committee’s written decision within twenty-one (21) working days after that Level 3 hearing.

(a)       If no satisfactory settlement of the grievance is reached as provided in Level 2 or Level 3, as applicable, the matter may be submitted to arbitration only if that teacher or that teacher and the Association President shall so notify the District, in writing within twenty-one (21) working days of receiving the Level 2 written decision of the Superintendent or the Level 3 written decision of the Committee, as applicable.

(b)       Time limits contained in levels of grievance procedure may be extended by written mutual agreement.

(c)       If a grievance is not appealed to the next level within the specified time limits, including those specified extensions, it shall be considered settled on the basis of the answer of the building principal in Level 1, the Superintendent in Level 2, and the Committee in Level 3.

(d)      The satisfactory settlement of any grievance in Level 1 or Level 2 shall apply to that grievance only. The decisions reached at those levels shall not bind the Association or the Committee to interpretation of this Agreement which is their sole prerogative at Level 3.

The resolution of all formal grievances shall be in accordance with procedures of this Agreement.

ARTICLE 8

ARBITRATION

8-1 The grievant or the grievant and the Association, after properly utilizing all steps of the grievance procedure and desiring to submit the matter to arbitration, shall notify the District, in writing, within the aforementioned twenty-one (21) day period. Within twenty-one (21) days of notifying the District in writing that it desires to arbitrate the grievance, the Association shall file with the American Arbitration Association (AAA or the Division of Labor Relations). The AAA shall submit simultaneously to each party an identical list of names of arbitrators chosen from the labor panel. Each party shall review the list and strike the names of any unacceptable arbitrators and indicate by number their order of preference of the remaining arbitrators on the list. This list is to be returned to the AAA within the time span indicated on the list. If either party fails to return the list within the time specified by AAA, all names submitted may be deemed acceptable. The AAA will try to appoint a mutually acceptable arbitrator who can hear the case promptly. If an appointment cannot be made from this list and the parties do not both request a further list, the AAA may appoint an arbitrator.

8-1.1 The arbitrator shall consider only the particular issue or issues presented to him/her in writing by the District and by the grievant and the Association as submitted in writing at Level 3.

8-1.2 The authority of the arbitrator shall be limited to the interpretation and/or application of this Agreement, and the arbitrator shall have no power to add to, subtract from or modify this Agreement.

8-1.3 The arbitrator shall have no power to establish salary ranges, differentials, stipends, pay levels, or longevity payments of any kind. The arbitrator shall not render a decision contrary to state or federal law.

8-2      The written decision of the arbitrator, so made, shall be final and binding on both parties.

8-3 The cost of the services of the arbitrator(s), including per diem expenses, if any, and the actual and necessary travel and subsistence expenses will be borne equally by the District and the aggrieved teacher or the Association, but each party shall bear its own expenses for the presentation of its case.

8-4 In the event one party wishes to vacate the decision of the arbitrator(s), that party shall assume the full cost of the arbitration. This does not apply to a party seeking enforcement of the arbitrator’s decision.

ARTICLE 9

EMPLOYMENT CONTRACTS

9-1 Annually, teachers will be notified as soon as possible, by letter from the Superintendent or his/her designee, of the following:

(a)       Notification of building assignment for the next school year by the building principal before the last day of school;

(b)       Notification of teaching assignment for the next school year by the building principal before the last day of school;

(c)       Teacher’s degree status, base salary, differential for the upcoming year, date of hire and years of service in Southbridge, on or before July 31^st of the current school year.

9-2 By the third Monday of August, teachers will receive a further letter with their program for the coming school year. This letter will note:

(a)      Teaching schedule

(b)      Student class/bus^* lists

(c)      Duty schedule (if applicable)

^*Bus lists may not be available in August, but will be provided when available.

9-3 Each teacher shall notify the Superintendent as soon as possible of his/her intention to accept employment elsewhere. Teachers who have accepted a contract in another district and will not be returning to the Southbridge School District shall notify the Superintendent before the close of school.

9-4 Teachers may resign with a thirty (30) day notice. The Superintendent reserves the right to accept a resignation with less than thirty (30) days if he/she so desires.

ARTICLE 10

TEACHER PROGRAMMING

10-1 The teacher’s work year shall consist of one hundred eighty-three (183) days, two (2) of which are Professional Development days, and one (1) staff preparation/orientation day preceding the opening day of school. A teacher’s per diem rate shall be calculated at 1/183^rd of his/her annual salary.

The Professional Development and Staff Preparation/Orientation days will occur as follows:

·               1 full day of Professional Development in November to be scheduled by the Superintendent

·               1 full day of Professional Development in March to be scheduled by the Superintendent

·               Staff Preparation/Orientation Day on the day preceding the opening day of school

10-2 A reasonable effort will be made to rotate teacher assignments for study halls, lunch rooms, lunch duties, etc. among the staff on an annual basis. All guidance personnel shall be exempt from such assignments.

10-2.1 Effective for the 2007-2008 school year, the High School will operate under a seven (7) period rotating schedule with one daily preparation period and five (5) teaching periods a day.¹ The Middle School will operate under a six (6) period schedule with one daily preparation period and generally five (5) teaching periods a day.²

10-3 Release time for in-service workshops, curriculum revisions, and parental conferences may be made available at the discretion of the Superintendent. Use of this time shall be determined by the Superintendent.

10-4                                        STUDENT DAY                   TEACHER DAY                  TEACHER 1/2 DAY

Middle/Senior                       7:40 to 2:15                          7:20 to 2:35                          7:20 to 11:00

Elementary                           8:30 to 2:45                          8:15 to 3:05                          8:15 to 11:40

10-4.1 Exception: On Fridays and days before vacation periods, teachers may leave fifteen (15) minutes after dismissal.

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¹       The goal is to have seven (7) periods of sixty (60) minute teaching periods, however, the actual time will be scheduled by the Principal based on the requirements of an integrated schedule.

²       The goal is to have six (6) periods of sixty (60) minute teaching periods, however, the actual time will be scheduled by the Principal based on the requirements of an integrated schedule.

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10-4.2 However, teachers recognize that additional time may be required from time to time as circumstances warrant.

10-4.3 Length of school day among all elementary schools will be equivalent.

10-5 Length of teacher duty-free lunch shall be equivalent to the length of the pupil lunch at the school where the teacher works as scheduled by the building principal.

10-6 Except in unusual or emergency situations, a reasonable effort will be made to provide high school and middle school teachers with five (5) duty free preparation periods per week, and said period will be of the same duration as the regular classroom period.

10-6.1 Except in unusual or emergency situations, elementary teachers (Grades K-5) will be entitled to five (5) duty free preparation periods per week, and said period will be equivalent to the amount of time the teacher’s class spends in art, music, health, physical education and library. If there is a reduction in force of special area teachers, teachers will be scheduled for five (5) duty-free preparation periods per week at a 15 minute reduction of the normal preparation period per day in that school.

10-6.2 In those cases where regular substitutes are not available and a regular teacher voluntarily agrees to serve as a substitute during his/her non-teaching time, said teacher will be paid an additional stipend for each period substituted at the rate of $26.76/period. If no volunteer is available, involuntary loss of preparation period(s) will be compensated at the rate of $26.76/period:

10-6.3 It is the responsibility of the building Principal to notify the proper department to confirm teacher compensation for said substitution period.

10-6.4 Teacher will not be required to find substitute coverage for classes or non-teaching duties if they are absent with an excuse. No teacher will be assigned coverage for an absent teacher with non-teaching duties.

10-7 Faculty meetings shall not exceed one (1) per month. It is recognized that from time to time further meetings may be required at the discretion of the building principal.

10-8 There shall be an evening parent-teacher conference scheduled at the discretion of the Superintendent during the month of November at each of the District’s schools. The conferences for the elementary schools shall take place from 5:30 p.m. to 8:30 p.m., and the conferences for the secondary schools shall take place from 6:00 p.m. to 9:00 p.m. There shall also be an afternoon parent-teacher conference scheduled at the discretion of the Superintendent during the month of January or February at each of the District’s schools. The elementary conferences shall be scheduled from 12:45 p.m. to 3:45 p.m. The secondary schools conferences shall be scheduled from 12:15 p.m. to 3:15 p.m. These parent-conferences are in addition to the Parent Open House held by the District for the purpose of parent orientation referenced in Article 11.

ARTICLE 11

SCHOOL CALENDAR

11-1 The school year calendar will be developed by the school administration and in compliance with State laws and rules and regulations of the Massachusetts Department of Education. Prior to its submission to the School Committee, it will be given to the Southbridge Education Association for comment and/or suggestions for modification. Should said comments or suggestions be received by the Administration within five (5) calendar days after the calendar is submitted, they will be presented to the School Committee for its serious consideration. The school calendar will indicate National Education Week and Parent Open House³ at the different schools and will be made available to the parents.

ARTICLE 12

SENIORITY

12-1.1 Seniority is defined as length of continuous service as a licensed teacher in Southbridge Public Schools.

12-1.2       Reserved.

12-1.3 Seniority shall accumulate during an authorized leave of absence if the teacher receives salary credit for the year.

12-1.4 If a group of teachers had identical length of service, seniority will be determined by the date and time of hire identified in the letter of employment issued by the office of the Superintendent.

12-1.5 Seniority lists will be posted in the office of each school prior to December first of each year. The list will show the teachers’ years of service and areas of licensure. Corrections and changes will be made to the seniority list only from December first to December fifteenth.

12-1.6 Leaves of absence granted in accordance with the provisions of this Agreement shall not constitute an interruption in continuous service.

12-2 Seniority shall not accumulate during an authorized leave of absence except as provided by Section 21-2.2 of this Agreement.

ARTICLE 13

STAFF REDUCTION

13-1 In the event it becomes necessary for the Employer to reduce the teaching staff because of financial limitations, declining enrollments, reasons of economy, changes in curriculum, or other similar reasons, the procedures set forth in this Article will govern the layoff of teachers with professional status (PTS) who are to be affected by such reduction.

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³     The Parent Open House held by the School District is for the purpose of parent orientation and is not a parent-teacher conference provided for under Article 10.

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13-2 Before the layoff of any teacher takes place, all reasonable measures such as normal attrition, leaves of absence, long-term illnesses, new positions, etc., shall be employed to minimize, delay, or eliminate the need for layoffs.

13-3 The Employer shall have the sole discretion in determining which position or positions are to be eliminated, reduced, or redefined.

13-4.1 Professional status teachers shall have the right to replace any non-professional status teacher holding a position for which the professional status teacher is licensed.

13-4.2 Professional status teachers to be dismissed due to a R.I.F. shall be dismissed within affected areas of licensure in inverse order of seniority as defined in Article 12.

13-4.3 Professional status teachers may bump less senior teachers within their current areas of licensure.

13-5 Absent unusual circumstances, the Superintendent will provide written notice to each employee who may possibly be affected by reduction, no later than June 15, preceding each school year.

ARTICLE 14

GUIDELINES FOR RECALL

14-1.1 Professional status teachers who have been laid off will have recall rights for one year from the effective date of their respective layoffs.

14-1.2 During the recall period, professional status teachers will be given preference for positions for which they are licensed and qualified, as position openings occur, in the inverse order of layoff, and all benefits to which a professional status teacher was entitled at the time of layoff will be reinstated upon reemployment within the recall period;

14-1.3       Written notice of recall will be sent to the professional status teacher by registered mail;

14-1.4 The professional status teacher shall exercise the recall right within two (2) weeks of receipt of the notification. Failure of the teacher to respond to the two week notification for recall will result in the elimination of the teacher from the recall list;

14-1.5 Teachers who have been laid off will be given preference on the substitute teacher list, if they notify the Superintendent, in writing, of their availability;

14-1.6 During the year of lay-off, teachers must notify the School Department of any change of address; and

14-1.7 During the recall period, teachers will be allowed to continue their health insurance coverage for a period authorized by federal law.

ARTICLE 15

TRANSFERS

15-1 Although the District and Association recognize that some transfer of teachers from one school to another is unavoidable, they also recognize that frequent transfer of teachers is disruptive of the educational process and interferes with optimum teacher performance.

15-2    INVOLUNTARY TRANSFERS

15-2.1 Whenever any vacancy in an academic position occurs during the school year that the School District intends to fill, the Superintendent or her/his designee will notify all school staff by an all staff e-mail and written notice to the Association President.

15-2.2 First, when a reduction in the number of teachers in the school system necessitates transfers, volunteers will be considered for transfer first. Any volunteer teacher who applies for such a position and is not chosen may request a written explanation from the Superintendent.

15-2.3 Next, a teacher’s evaluations, and length of service in the system will be used to determine which teacher is to be transferred.

15-2.4 An involuntary transfer will be made only after a meeting with the teacher involved and the appropriate administrator or principal, at which time the teacher will be notified of the reasons for the transfer. This meeting shall take place within two (2) weeks of said notification.

15-3    VOLUNTARY TRANSFERS

15-3.1 Any teacher who desires to change grade, school, and/or subject assignments shall file a written statement of such desire with the Superintendent between September 1 and April 1 of the prior school year.

15-3.2 The Principal will consider the following factors regarding a teacher in his/her determination of voluntary transfer of teacher(s): the teaching experience in the transfer grade and/or subject area; the concentration of the teacher’s degree in the transfer grade and/or subject area; the level of the teacher’s degree; the prior evaluations of the teacher, the teacher’s in-service development; recommendations from the teachers’ current Department Head and Department Head of the subject area of the transfer; and if the Principal establishes an Interview Panel, the recommendation from the Interview Panel, with such Panel being composed of Department Heads, a faulty member and an administrator.

15-3.3 The final decision for selection of personnel for transfer rests with the receiving principal, in accordance with the Education Reform Act, 1993.

15-3.4      Notice of transfer will be given to teachers as soon as practicable.

15-3.5      All transfers will be governed exclusively by this section and not any past practice.

15-4 The reassignment and utilization of teachers within a school building, by the principal, will not be considered a transfer, and the current practice of the Principal meeting with the teacher to be reassigned will continue.

15-5 This section is subject to the provisions of Chapter 71, Section 59B of the Massachusetts General Laws.

ARTICLE 16

VACANCIES, PROMOTIONS AND EXTRA PAY ASSIGNMENTS

16-1.1 Whenever any vacancy in a professional position occurs during the school year, if the School District intends to fill the position, it will be adequately publicized by the Superintendent by means of a notice placed on the bulletin boards in the schools of Southbridge an all staff e-mail, and a written notice to the Association President. During the months of July and August, written notice of any vacancy will be sent to the Association President. In both situations, the qualifications for the position, its duties, and the rate of compensation will be clearly set forth.

16-1.2 When vacancies exist that the School District intends to fill, the Superintendent shall look at all levels in his/her search for licensed and qualified personnel to fill such positions (i.e. he/she shall operate on a system-wide basis).

16-1.3 All licensed and qualified teachers, currently employed within the system, will be given an adequate opportunity to apply for such positions.

16-1.4 The Employer agrees to give due weight to the professional background, attainments of the applicants, lengths of service in the system, other relevant factors of applicants for any positions.

16-1.5 All openings for positions under federal programs will be publicized by the Superintendent as early as possible. Payment of any earnings for such positions shall be according to federal/state regulations.

16-1.6 Appointments will be made without regard to race, creed, color, religion, nationality, age, sex, handicap, or marital status.

16-2.1 All extra-pay assignments will be posted each year. If a vacancy occurs in an extra-pay assignment between regular appointment times, and if the School Committee intends to fill it, the Superintendent will post notices of the vacancy where position notices are usually posted. Each applicant will be notified in writing of the appointment decision. No vacancy will be filled less than ten (10) calendar days after the posting, except in an emergency.

16-2.2 An employee who holds a position and who is not reappointed to it in accordance with 16.2.1 will be afforded an opportunity, upon request within ten (10) calendar days of such non-reappointment, to meet with the Superintendent to discuss the reason(s) for the decision.

16-2.3 When more than one (1) person indicates an interest in an extra pay assignment and all other qualifications, in the judgment of the School District are equal, seniority in the Southbridge Public Schools will become the deciding factor, and the person with the greatest seniority will be given preference.

16-2.4 Southbridge Public School personnel will be given preference over persons not employed by the Southbridge Public School District, when all other qualifications in the judgment of the School District are equal.

ARTICLE 17

TEACHER EVALUATION

17-1 The new Teacher Evaluation Instrument was bargained over and agreed upon in Spring, 2009. See Appendix X for the new evaluation instrument and the forms that were bargained and agreed upon for the entire process. The evaluation instrument shall be subject to revision as state law shall require from time to time.

17-2 The primary purpose of teacher evaluation is the improvement of the professional performance of the teacher. Evaluation shall include the areas of classroom management and instruction, instructional preparation, performance of assigned non-instructional duties, and observance of professional responsibilities toward students, parents, and other staff members. Evaluation shall be conducted openly. Each teacher shall be given a copy of any evaluation report prepared by any superior.

17-3 Teachers will have the right, upon written request, for an appointment, to review the contents of their individual personnel file, and to make copies thereof. The Superintendent or the Superintendent’s agent shall monitor the personnel file review process.

17-4 No material derogatory to a teacher’s conduct, service, character, or personality will be placed in his/her file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had opportunity to review such material by affixing his/her signature on the appropriate line of the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof.

17-5 Any written complaint regarding a teacher made to any member of the Administration by any parent, student, or other person will be promptly called to the attention of the teacher.

17-6 No teacher with professional status will be reduced in rank or compensation, or deprived of any professional advantage without just cause, as defined in Massachusetts General Laws, Chapter 71, Section 42.

17-7 A supervisory teacher (e.g. Department Head) without a professional license will not evaluate a teacher with a professional license.

ARTICLE 18

NON-TEACHING TASKS

18-1    Teachers will not be required to perform the following duties:

18-1.1      Drive pupils to activities or functions that take place away from a school building.

18-1.2       Perform clerical functions for insurance companies and picture companies.

ARTICLE 19

ACCIDENT WHILE TEACHING

19-1 If a teacher is absent from school as a result of an accident occurring on school property or while in performance of a sanctioned School function, including physical assault caused while in the performance of his/her teaching duties, the teacher’s salary will be maintained by the following: total pay will equal workers’ compensation and/or other salary protection plans, and any difference will be made up by the use of whole or accrued whole or partial sick days. No other loss of sick days shall occur. It is understood and agreed by the Association that the Committee or its authorized representatives shall have the authority to verify the above salary claim.

ARTICLE 20

SICK LEAVE

20-1 Sick leave is to be used in instances when the teacher is unable to perform his/her usual duties because of illness or injury.

20-2 Teachers will be entitled to fifteen (15) sick leave days each school year creditable at the rate of one and one half (1 1/2) days per month of service. Sick leave days may be accumulated from year to year with no maximum limit. This policy became effective September, 1969. However, those teachers who commence working during the 1988-89 school year or later may accumulate up to a maximum of one hundred eighty-four (184) days. This policy also applies to any teacher who previously terminated employment in the Southbridge Public Schools and subsequently returned in the 1988-89 school year or later.

20-2.1 In cases of illness of a family member, a teacher may use a maximum of three (3) of the above-stated days for this reason per school year. These days are not to be in addition to the above-stated fifteen (15) creditable days per year in item 20-2.

20-3 After three (3) consecutive days of absences, or if patterns of absences exist, a physician’s certificate may be required at the Committee’s expense. The teacher shall submit to examination by a physician mutually acceptable to the Committee and the teacher, if requested to do so in writing by the Committee or its agent.

20-4 Upon expiration of accumulated sick leave, a teacher’s pay shall be deducted at the daily rate of 1/183^rd of his/her annual base salary.

20-5 Each teacher will be provided written statement of his/her accumulated sick leave by the Superintendent no later than October 15 of each school year.

ARTICLE 21

LEAVES OF ABSENCE

21-1 The provisions listed below shall govern leaves of absence. Any request for leave of absence must be in writing to the Superintendent of Schools:

MILITARY SERVICE LEAVES

21-2 A teacher who is required as a member of the National Guard or as a reserve member of one of the United States armed forces to be absent from his/her position for the purpose of active annual training duty or encampment for a period of not more than seventeen (17) days in a calendar year shall be granted pay for those days which he is absent from his duties. In addition, such leave with pay will be granted in those instances where such teacher is involuntarily called to serve during declared emergencies by virtue of decree or order of the President of the United States and Governor of the Commonwealth.

21-2.1 The amount of pay will be the difference between the teacher’s regular salary and the compensation received from the military during said period. Reconciliation of pays shall take place as soon as possible after completion of military leave and receipt of military pay.

21-2.2 During military leave, the teacher shall continue to accrue seniority and shall be placed on the appropriate step on the salary schedule as though the teacher had never been on leave.

U.S. GOVERNMENT LEAVES

21-3 A leave of absence, without pay, may be granted to any teacher who accepts an appointed position with the United States Government. Said leave, cannot exceed two (2) years.

21-3.1       Said leave, if granted, shall be in accordance with the term of the position.

MTA/NEA LEAVES

21-4 A leave of absence, without pay, shall be granted to any teacher elected to the office of President of the Massachusetts Teachers Association or the National Education Association.

21-4.1       Said leave shall be in accordance with the term of office.

MEDICAL LEAVES

21-5 A leave of absence of up to one (1) calendar year (365 days) may be granted, without pay, for medical reasons to any teacher or to any teacher for illness in his/her immediate family.

MATERNITY LEAVES

21-6 Maternity leaves of absence shall be given to a female teacher who has been employed by the District for at least three (3) consecutive months as a teacher, and who shall give at least two (2) weeks notice to the District of her anticipated date of departure and intention to return. Such employee shall be entitled to eight (8) weeks of leave.

21-6.1 The teacher who is physically unable to work because of disability connected to pregnancy, as certified by a physician, may use accumulated sick leave (to the extent covered by accumulated sick leave) to cover those days when she is disabled and unable to work.

21-6.2       The parties agree to comply with federal and state statutes governing maternity leave.

CHILD REARING LEAVES

21-7 Immediately upon completion of a child-bearing leave, a teacher may request a parenting or child-rearing leave up to one (1) calendar year (365 days) which shall be granted without pay.

21-7.1       Reserved.

21-7.2       Reserved.

ADOPTION LEAVES

21-8 In cases of adopted children, the parent of the adopted child shall be entitled to a leave of absence without pay.

21-8.1       Said leave shall be in accordance with the rules and regulations of the Adopting Agency.

21-8.2       Said leave shall be in accordance with the provisions of Section 21-7 above.

PROFESSIONAL IMPROVEMENT/TEACHER EXCHANGE LEAVES

21-9 Leaves of absence, without pay, may be granted by the Superintendent, to any teacher for (a) professional improvement, and (b) teacher exchange program.

21-9.1       Said leave shall be for a period of one (1) school year.

21-10 Reserved.

21-11 Reserved.

JURY DUTY

21-12 Any teacher required to serve on jury duty on a regular school day shall receive compensation in accordance with the then existing Massachusetts law. Any teacher required to serve on jury duty shall submit the juror service certificate to the Superintendent for proof of attending jury duty.

CONTINUATION OF BENEFITS AFTER LEAVE

21-13.1 Upon completion of his/her leave, the teacher will return to the same step in the salary schedule which he/she held prior to his/her leave of absence. However, upon completion of his/her leave, the teacher shall be placed on the next successive step on his/her salary schedule if the teacher had worked more than fifty percent (50%) of the school year in which the leave was granted.

21-13.2 Leaves of absence granted in accordance with the provisions of this Agreement shall not constitute an interruption in continuous service. Seniority shall not accumulate during an authorized leave of absence except as provided in Section 21-2.2.

21-13.3 Any benefits which a teacher was entitled to under this Agreement will be restored to the teacher upon return from a leave of absence.

21-13.4 The Association accepts the reality that the District cannot guarantee the return of any teacher to a specific building, grade level, or special assignment at the conclusion of a period of leave.

21-14 The School District shall grant Federal Family and Medical Leave in accordance with School District Policy. (See Exhibit XIII)

21-15 The School District shall grant Small Necessities Leave in accordance with School District Policy. (See Exhibit XIV)

ARTICLE 22

BEREAVEMENT LEAVE

22-1 Each teacher shall be granted up to seven (7) consecutive calendar days, at full salary, for bereavement leave in each case of the death of the teacher’s spouse, child, parent, or step-parent.

22-1.1 Up to three (3) consecutive calendar days paid bereavement leave shall be granted per fiscal year in the case of death of the teacher’s sister, brother, mother-in-law, father-in-law, grandparent, grandchild, or other person living in teacher’s household. One (1) calendar day per fiscal year bereavement leave shall be granted in case of death of a teacher’s other relative, in-law, or close friend.

22-1.2 Any additional days listed in Section 22-1.1 due to multiple deaths shall be deducted from the teacher’s accumulated sick leave, if any. Any paid extension to these limits (as may be required by travel) shall be made only by the Superintendent, and if granted, shall be taken from the teacher’s accumulated sick leave, if any.

ARTICLE 23

PERSONAL DAY LEAVE

23-1 Teachers will be entitled to the following temporary leaves of absence with pay each school year:

Two and one-half (2.5) days of personal leave of absence for religious, legal, sickness in the family, taking family member to hospital, attending court as a witness, business, household or family matters, etc. which require absence during school hours. Any application for personal leave shall state the reason for said leave and this leave is subject to the approval of the building principal and the Superintendent. Application for personal leave will be made at least seven (7) calendar days before taking such leave (except in case of emergencies). Unused personal leave will be converted to sick leave. Personal leave cannot be taken before or after a holiday or vacation period, during the first ten (10) days of the school year or during the last ten (10) days of the school year. Personal leave may be taken in half-day increments.

ARTICLE 24

SABBATICAL LEAVE

24-1 Sabbatical leave may be granted to teachers of the Southbridge Public Schools by the Superintendent for purpose of study, educational research, or other work of professional or educational value subject to the following conditions:

24-1.1 Request for sabbatical leave must be received by the Superintendent in writing in such form as required by the Superintendent no later than January 1 of the school year preceding the school year for which the sabbatical leave is requested. Action must be taken on all requests by the Superintendent no later than March 1 of the school year preceding the school year for which sabbatical leave is requested.

24-1.2 To be eligible for sabbatical leave privileges, a teacher, prior to application, must have competed at least five (5) consecutive years of full-time employment in the Southbridge Public Schools.

24-1.3 Teachers on sabbatical leave will be paid 3/4 of their annual salary rate, provided that such pay when added to any program grant or stipend shall not exceed the teacher’s full annual rate.

24-1.4 The teacher shall agree to return to employment in the Southbridge Public Schools for two (2) full years in the event of a half (1/2) years leave or four (4) full years in the event of a full years leave. Upon his/her return, the teacher shall be placed on the appropriate step of the salary schedule as though such teacher had not been on leave.

24-1.5 No more than three (3) members of the teaching staff shall be absent on sabbatical leave at any one time.

24-1.6 Before a teacher is awarded sabbatical leave, he or she must present a performance bond or its equivalent to the Superintendent.

24-1.7 If a teacher does not return or remain the required time in the Southbridge Public Schools, the teacher will reimburse the full amount of money paid to him/her while on sabbatical leave to the Town of Southbridge.

24-1.8 The teacher, within sixty (60) days following the termination of sabbatical leave, shall submit a written report to the Superintendent of the experiences gained during the sabbatical leave.

ARTICLE 25

RELEASE TIME FOR PRESIDENT

25-1 The Association President will be released from teaching and non-teaching duties two (2) days per year. When an elementary teacher is President, he/she will be relieved of all administrative duties and released from teaching duties one day per month to attend to Association business. When a Junior High or High School teacher is President, he/she will be relieved of all administrative duties which will result in one duty-free period per day to attend to Association business. Scheduling of the President’s release day shall be arranged between the President and his/her immediate administrator.

25-2 A maximum of twelve (12) school days will be allowed for Association Representatives to attend meetings, conferences, and/or conventions of the Massachusetts Teachers’ Association and/or National Education Association. The Association will notify the Superintendent in writing which representatives are to attend. The Association will pay for the cost of substitutes for their representatives.

ARTICLE 26

SUMMER SCHOOL AND INSTITUTES

26-1 Persons granted approval by the Superintendent for early dismissal at the end of the school year, or late arrival at the beginning of the school year, to attend a summer institute or for educational growth, will receive full pay for the entire length of the leave.

26-2 After five (5) days, the teacher will either make a personal arrangement to pay a substitute or will have the amount of the substitute’s pay deducted from his/her salary.

ARTICLE 27

HEALTH AND SAFETY

27-1 The District shall provide a safe and healthful workplace, maintaining conditions of employment free of hazards that cause, or are likely to cause, illness or injury to teachers. This Article shall be limited to items over which the School Committee has authority to expend funds (maximum of $5,000).

ARTICLE 28

SUBSTANCE ABUSE

28-1 The use of illicit drugs and/or the abuse of ethical drugs constitutes a hazard to oneself, fellow employees, students, and an impairment to one’s productivity, as well as being a violation of the law.

28-2 No teacher shall use, possess, or distribute alcohol or a controlled substance, excluding prescription medications, while on school property or while performing professional activities.

ARTICLE 29

WORK STOPPAGE/STRIKE

29-1 During the duration of this Agreement, the Association shall not cause or sponsor, and no teacher shall cause or participate in any strike or work stoppage as defined in Chapter 150E, Section 9A (a) as follows: “No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall induce, encourage, or condone any strike, work stoppage, slowdown, or withholding of services by such public employees.”

ARTICLE 30

PAYROLL DEDUCTIONS

DUES

30-1 The District hereby accepts the provisions of Section 17C and 17G of Chapter 182 of the General Laws of Massachusetts and, in accordance therewith, shall certify to the Treasurer of Southbridge all payroll deductions for the payment of dues to the Association duly authorized by employees covered by this Agreement.

ANNUITIES/TAX DEFFERRED INSTRUMENTS

30-2 The District hereby accepts the provisions of United States Public Law 87-370 Internal Revenue Code 501 (c)(3) and, in accordance therewith, shall certify to the Treasurer of Southbridge all payroll deductions for payments to the “Tax Sheltered” Annuity plans and/or other allowable tax deferred instruments as offered by the Town of Southbridge. Participants are permitted to make changes to their 403 (b) provider and/or salary reduction agreement at any time during the school year with the understanding that any changes made will be implemented within 30 days of receipt of the signed agreement to allow time for processing. Changes to providers will be pursuant to the Southbridge Public Schools Provider List that is in effect at the time of the change request. It is further understood that the 457 deferred compensation plan will be in accordance with the plan as is provided by the Town of Southbridge.

BANKS

30-3 The District agrees to make payroll deductions for payments into the Southbridge Credit Union, Southbridge Savings Bank and/or to the Savers Bank for those teachers who so request.

VOICE OF TEACHERS FOR EDUCATION

30-4 The School Committee will vote to accept the provisions of M.G.L. Chapter 182, Section 171. Employees may authorize the District to deduct from their salary a contribution to Voice of Teachers for Education of an amount which the employee shall specify in writing. The District will certify on the payroll the amount to be deducted by the Treasurer. Such amounts shall be transmitted to the Massachusetts Teachers Association within thirty (30) days.

HEALTH CARE

30-5 Members of the bargaining unit shall be eligible to participate in the Town of Southbridge Group Health Insurance Plan subject to the Town’s Group Insurance Plan rules and regulations.

AGENCY SERVICE FEE

30-6 Agency service fee. All members of the bargaining unit who are employed but are not members of the Southbridge Education Association as of the ratification date of the Agreement and all new employees hired after said date shall be required as a condition of their employment to pay an agency service fee. Said fee shall be in an amount and be implemented as prescribed under M.G.L.c. 182 Section 17G and the regulations of the Massachusetts Labor Relations Commission.

30-6.1 For such employees, the sole and exclusive remedy for non-payment of the fee shall be for the Association to proceed for collection of the fee. The District shall not be responsible for the implementation, collection or enforcement of the Agency Service Fee, except that it will supply any required documentation establishing that a person is a member of the bargaining unit subject to the fee. The Association agrees that it will indemnify and hold the District harmless for any action taken against an employee as a result of this Agency Service Fee Agreement, including, but not limited to any legal expenses incurred.

ARTICLE 31

SICK DAY BUY-BACK

31-1 Sick-day buy-back shall be a $30 per unused day after a minimum of fifteen (15) years service in Southbridge Public Schools immediately upon retirement from such. This emphatically means:

31-1.1        Resignation or termination is not applicable.

31-1.2 Within thirty (30) days after retirement, evidence must be submitted to the Superintendent’s Office that earned benefits through the Massachusetts Teachers’ Retirement Board will commence within six (6) months. Such evidence shall consist of a letter from the Massachusetts Teachers’ Retirement Board as requested by the teacher concerned.

31-1.3       Payment: Second fiscal year following date of retirement.

31-1.4 In the event a teacher dies, such monies accumulated from sick days will be paid to the teacher’s estate.

31-2 Professional status teachers with a minimum of fifteen (15) years of service in Southbridge Public Schools who are laid off due to reduction in force and are not rehired within the one (1) year period (as covered under Section 14-1.1), and do not refuse to be rehired under this section, will be awarded their accrued sick days at the prevailing rate of buy-back at the end of the one (1) year eligible-for-recall period. Timing of payment and eligibility for sick day buy-back are subject to Sections 31-1.3 and 31-3, respectively.

31-3 Employees hired after execution of the Memorandum of Agreement for the 1994-1997 Collective Bargaining Agreement are not eligible for this Sick Day Buy-back.

ARTICLE 32

TUITION REIMBURSEMENT

32-1 The District and the Association will abide by the terms of the “Recertification Guidelines for Massachusetts Educators”, January 2000, Commonwealth of Massachusetts.

32-2 Tuition reimbursement for graduate level courses at the current rate of state college tuition will be provided as follows: (See Exhibit XII for procedure.)

32-2.1 Beginning July 1, 2010, tuition reimbursement will be provided for one graduate course per teacher per year under the following circumstances:

1)     Each course will be reimbursed up to $600 per course per year.

2)     A cap of $30,000 will be set as the total amount of funding budgeted for graduate course reimbursements per year.

32-2.2 Reimbursement will be provided after successful completion of said graduate course(s) at a letter grade of “B” or above.

32-2.3 Reimbursement will be provided after the teacher hand-carries the grade report to the Superintendent’s office for verification.

32-2.4 Reimbursement will be provided only for courses which lead to a teacher’s recertification in his/her area of primary licensure or current teaching assignment.

32-3.1 Tuition reimbursement will be provided for non-credit courses/workshops taken for the sole purpose of recertification in the teacher’s primary area of licensure or current teaching assignment.

32-3.2 Courses/workshops must be offered through a state-approved PDP provider and must be taken for a minimum of 10 hours/PDPs.

32-3.3 Reimbursement will be provided solely for registration and tuition does not include studio/material fees.

32-3.4 Reimbursement will be provided after the successful completion of the course/workshop. PDP certificate from provider to be submitted in place of course grade.

32-3.5 Professional Development certificates will be issued within thirty (30) working days of a District-sponsored workshop.

ARTICLE 33

SALARY

CURRENT INCREASES

33-1     The following increases will be applied to the Teacher Base Salary Schedule:

July 1, 2009 - June 30, 2010 1.00% increase to each step of the base salary schedule (Exhibit I)

July 1, 2010 - June 30, 2011  1.00% increase to each step of the base salary schedule (Exhibit II)

July 1, 2011 - June 30, 2012 1.00% increase to each step of the base salary schedule (Exhibit III)

This 1% is across the base. This does not apply to coaching positions, extra duties, curriculum stipends, differentials, longevity, etc.

The hourly professional development rate will be $26.76/hr effective July 1, 2009 through June 30, 2012.

33-1.1 Effective July 1, 1997, in consideration of the two additional teaching days and the six hours of teacher/parent conferences incorporated into this Agreement,⁴ each step of the base salary schedule will be increased by six hundred and thirty dollars ($630), before the July 1, 1997 4% increase is applied.

FORMULAS FOR CALCULATING SALARIES

33-2.1       For all individuals beyond Step 10 the Salary Schedule (Calculation of Differential

Salary Credit for Teachers with Salaries non on the Grid):

Effective July 1, 1998: Yearly salary will be calculated according to the following formula:

(a)    base salary (previous year’s salary), plus

(b)    annual percentage increase equals

(c)    current salary (and base for the following year.) (Exhibit IV)

33-2.2 Formula calculation of salary for all individuals below Step 10 on the salary schedule remains the same. Teachers whose salaries are not on the base salary grid shall receive full step value in accordance with the above.

PRO-RATING DEGREE CHANGES

33-3 Salary for degree change completed during the school year for teachers not on the salary schedule will be computed as follows:

(a)    find the difference between the old column and the new column on the salary scale;

(b)    prorate the difference for remaining year and add that amount to old base, this will be the new salary for the remainder of that year;

(c)    the next year’s salary will be computed as follows:

(1)    take the base before degree change and add any raises;

(2)    add the full difference between that year’s columns this is the new base salary for that year

33-3.1 Salary for degree change completed during the school year for teachers on the salary schedule will be computed as follows:

(a)      find the new degree change on the salary schedule;

(b)      prorate the difference for the remaining year and add that amount to the old base; this will be the new salary for the remainder of the year.

NOTIFICATION FOR DEGREE CHANGE

33-4 Teachers planning to receive additional differential salary credit in the next fiscal year for courses taken must notify the Superintendent in writing by February 1. Salary credit will be awarded upon official notification to the Superintendent by submission of transcripts. In cases where credit is not completed during the specified year, a new notice must be submitted by the following February 1.

_____________________________________________________________________________________

⁴     The six hours of teacher/parent conferences were eliminated from this Agreement in 2009 pursuant to a Settlement Agreement and Memorandum of Agreement executed by the parties.

_____________________________________________________________________________________

33-4.1 If a teacher is unable to get an official transcript, but has completed the degree requirements, the Superintendent will accept a letter from the college confirming the completion of said degree requirements. The Superintendent will then be authorized to make a salary credit adjustment in accordance with this Agreement. This adjustment, however, is subject to the teacher filing an official transcript from the college by the beginning of the next school year confirming the completion of the degree requirements.

COURSES FOR DEGREE CHANGES

33-5.1       All teachers will follow the Massachusetts Department of Education requirements for licensure.

33-5.2 Effective July 1, 1975, teachers who are in a recognized degree program and having earned fifteen (15) credits will be placed on the Bachelor +15 step. All teachers must receive prior approval of the principal of the building and the Superintendent in order to have credits count toward fulfilling this requirement.

33-5.3 Prior to July, 1975, elementary teachers not in special areas received the Bachelor + 15 step without being in a degree program but having had the Superintendent’s approval of courses.

33-5.4 All professional study, if it is to be considered for salary credit, must have advanced approval of the building principal and the Superintendent of Schools. This statement is not intended to prohibit teachers from pursuing licensure in other areas, pursuing advance degrees in other areas, or pursuing worthwhile knowledge through legitimate courses. It is required that teachers submit course approval forms within two (2) weeks prior to registering for such courses; it is urged that teachers submit said forms at earliest possible date. The Superintendent will notify the applicant within seven (7) days after receipt of the form of his/her approval or disapproval. If such notification is not received within seven (7) days, then the course shall be considered approved. Any late changes in course elected must be reported immediately to the Superintendent’s Office.

33-5.5 To be considered, degree and course credits must be earned at an accredited College or University and be relevant to public education.

33-5.6 No professional incremental credit may be granted for educational activities undertaken prior to the beginning of service in the Southbridge Public Schools. Only credits taken after the date of receipt of a Master’s Degree shall be applicable to the salary schedule for M+15, M+30, M+45, M+60, Double Maters/CAGS, and Ph.D.

33-5.7 It is understood that in-service courses offered by the Southbridge Public Schools will be accepted only toward meeting the requirements set forth in 33-5.1 above. The Superintendent may require that a teacher, desiring to take a course outside of Southbridge, provide a written description of the course including the number and length of meetings for the course, and the system of giving the course. It is understood that such courses, if accepted, will meet requirements in 33-5.1 above.

NON-DEGREED TEACHERS

33-6    Reserved.

33-7 Guidance Counselors, Special Education team chairs, and Information Systems Specialists may work a total of up to ten (10) additional mutually agreed upon full days either at the beginning or the end of the regular teachers’ work year, or a combination thereof, at the discretion of the building principal and/or the Superintendent of Schools. Said personnel shall be compensated for such additional time beyond the school year at 1/183^rd of their yearly rate for each day worked.

33-7.1 Any other unit member (not listed in 33-7) who is required to work beyond the 183^rd day of the teacher work year shall be compensated at 1/183^rd of their yearly rate for each day worked. No unit member shall be required to work in excess of ten (10) days. Participating/facilitating in professional development does not constitute “work” for the purpose of this Article.

33-7.2 The High School Department Heads (Social Studies, Science and World Languages) shall be paid a teacher’s salary plus a stipend of $4,000.00. Department Heads will teach four (4) classes daily. Department Heads will work the teacher work year plus five (5) additional days.

The Middle School Department Leaders (Social Studies, Science, Mathematics and English) shall be paid a teacher’s salary plus $3,000.00. District-wide special area coordinators shall be paid a teacher’s salary plus the appropriate stipend listed on the pay schedule in Exhibit V.

33-8    LONGEVITY

33-8.1 Effective July 1, 2002, members of this bargaining unit shall receive longevity compensation at the beginning of their 11^th, 16^th, 21^st, 26^th, 31^st, and 36^th year of service in the Southbridge Public Schools. This longevity compensation will be added to the qualifying teacher’s salary and will be treated as regular earnings.

33-8.2       The 2009 through 2012 schedule is as follows:

Service Year                         2009-2012

11-15                                     $735

16-20                                     $1,320

21-25                                     $1,743

26-30                                     $2,063

31-35                                     $2,516

36 & over                             $2,850

33-9    Reserved.

33-10 Reserved.

33-11 METHOD OF PAYMENT. Teachers shall have the option of choosing one of the following methods of payment:

(a)    Twenty one equal pay checks received during the school year;

(b)    Twenty one pay checks, with a lump sum after completion of the required number of work

days;

(c)   Twenty six equal pay checks received at two (2) week intervals with no lump sum payment.

33-12 REIMBURSEMENT. Counselors and school psychologists will be reimbursed for out of town mileage when using their private vehicles on approved school business. The reimbursement rate will be consistent with the amount allowed for mileage to other employees of the Town of Southbridge.

33-13 COORDINATOR STIPEND SCHEDULE (Exhibit V).

33-14 COACHING STAFF STIPEND SCHEDULE (Exhibit VI, VII, and VIII).

33-15 EXTRA CURRICULAR STIPEND SCHEDULE (Exhibit IX).

33-15.1     Extra curricular activities will be administered in the following manner:

33-15.2 At Mary E. Wells Junior High School and Southbridge High School, there will be a committee composed of four members, the building administrators (2) and two (2) faculty members, elected by the staff. This committee will meet once to identify the specific clubs and activities that will be funded from the School Committee’s appropriation.

33-15.3 At the elementary schools, the committee will be composed of the building administrator and three (3) faculty members; one (1) from each grade level and one (1) from the special areas. All faculty members will be elected by the staff. The committee will meet when necessary to identify the specific activities that will be funded by the School Committee’s appropriation.

33-15.4 The assigned numbers of personnel per activity and the stipends for the extra curricular activities in this contract will be strictly adhered to by the School Committee and the Southbridge Education Association.

33-15.5     The stipends for the extracurricular activities are in Exhibit IX.

ARTICLE 34

STABILITY OF AGREEMENT

34-1 The failure of the District or the Association to insist on any one or more incidents, or upon performance of any of the terms or conditions of the Agreement, will not be considered as a waiver or relinquishment of the right of the District or the Association to future performance of any such terms or conditions, and the obligations of the District and the Association to such future performance will continue in full force and effect.

ARTICLE 35

TEACHER MENTORING PROGRAM

35-1 Effective for the 2007-2008 school year, the District will establish a teacher mentoring program with five (5) to six (6) mentoring designations by the Superintendent in each school in the District. The mentoring program will be in accordance with guidelines established by the Superintendent. Each mentor shall receive an annual stipend of $500, subject to proration for less than a full year of service.

Signed this __________________day of_______________________, 2010.

SOUTHBRIDGE SCHOOL COMMITTEE                    SOUTHBRIDGE EDUCATION ASSOCIATION

__________________________________                 __________________________________

John D. Jovan, Jr., Chair                                                    David Williams, SEA President

__________________________________                 __________________________________

David DiGregorio

__________________________________                 __________________________________

Mary Ellen Prencipe

__________________________________                 __________________________________

Dr. Tanja Dominko

__________________________________                 __________________________________

Dr. Thomas O’Leary

__________________________________                 __________________________________

Scott Lazo

__________________________________                 __________________________________

Patricia Woodruff

EXHIBIT I*

Article 33-1.1 TEACHERS SALARY SCHEDULE

JULY 1, 2009 – JUNE 30, 2010

1% Increase

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT II* Article

TEACHERS SALARY SCHEDULE

JULY 1, 2010 – JUNE 30, 2011

1% Increase

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT III*

JULY 1, 2011 – JUNE 30, 2012

1% Increase

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT IV*

ARTICLE 33-2.1 Calculation of Salary beyond Salary Schedule

Effective July 1, 1997: yearly salary will be calculated according to the following formula:

(a)    base salary (of previous year’s salary), plus

(b)    annual percentage increase, equals

(c)    current salary (and base for the following year), plus

(d)     longevity differential, plus

(e)    other stipends, equals

(f)     total wage.

Example:

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT V^*

Article 33-7.2

High School Department Heads

Middle School Department Leaders

2009-2012

Southbridge High School                                                      4,000

Wells Middle School                                                              3,000

Article 33-13 Coordinators Stipend Schedule

Coordinators

Base Salary plus $158.00 per person each additional member (not including self)

2009-2012 0%

Art                                                                       1,422

Health                                                                1,422

Media                                                                 1,422

Music                                                                 1,422

Physical Education                                          1,422

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT VI* (Reserved)

EXHIBIT VII* (Reserved)

EXHIBIT VIII*

Article 33-14 Coaching Staff Stipend Schedule 2009-2012

0% Increase

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT IX*

Article 33-15 Athletic Director/Assistant Stipend Schedule

2009-2012 0%

Athletic Director                                   $7,089

Asst. Athletic Director                         $4,274

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT IX (Continued)*

Article 33-15 Extra Curricular Stipend Schedule

*Arithmetic is subject to verification by the District and the Association.

EXHIBIT X

SOUTHBRIDGE PUBLIC SCHOOLS

TEACHER EVALUATION INSTRUMENT

PURPOSE and PHILOSOPHY

The purpose of the teacher supervision and evaluation program of the Southbridge Public Schools is to ensure quality instruction and promote growth and reflection among our professional staff. The teachers in the Southbridge Schools are well educated and committed professionals who are current in their instructional practices. The supervision and evaluation program is focused on these strengths.

Teaching and learning is an extremely complex process. The teacher’s knowledge and skills, the learning standards within each curriculum to be taught, the physical classroom setting, and the students’ prior knowledge and ability to learn comprise the framework for students and teachers in their daily interactions.

The standards of effective teaching and professional performance are developed to support teachers and evaluators as they work together to provide quality educational experiences for students. Effective teaching can be observed, described, and evaluated. It is the primary responsibility of the teacher to work toward continuous improvement in instruction and professional performance; it is the responsibility of the evaluator to assist and support in that effort. Reflection, collegial discussions, meaningful dialogue with evaluators and the support of professional workshops and literature are key components in supporting teachers as they work to improve teaching and learning in our schools.

UNDERSTANDINGS

A.            Evaluation is a cooperative effort requiring a constructive dialogue between the evaluator and the teacher.

B.            The goals and evaluations will adhere to the purpose, philosophy and criteria identified in the formal Evaluation Form contained herein (which contains the Standards of Effective Teaching).

C.            The Superintendent, central office instructional leaders (Directors and Coordinators), principals, or assistant principals may evaluate a teacher using this process and criteria.

D.            In any year of the cycle for teachers with Professional Status, the evaluator may initiate a formal evaluation if he/she becomes aware of a performance of teaching that is below the district standard or if the teacher has been placed on a Professional Improvement Plan. The teacher being evaluated shall be allowed to gather and provide additional information on his/her performance. Such information will be provided in no less than ten working days and must be considered by the evaluator during the process.

E.            The purpose of the Professional Improvement Plan is to improve instruction and provide the teacher with support to raise the level of teaching to meet the district standards. It is understood this is a serious action but one that is the next step in providing the teacher with appropriate assistance in improving classroom teaching.   If a PTS teacher is placed on a Professional Improvement Plan, the building principal may require the teacher to remain on Year One of the cycle for the remainder of the year upon approval of the Superintendent.

F.             Any documents(s) that is part of the evaluation and is placed in his/her personnel file must contain an area to be signed by the teacher stating he/she has read the document before it is filed.

G.            The evaluation process shall be free of age, racial, sexual, religious, and other forms of discrimination and biases as defined in state and federal laws.

H.            All rights of the teacher relative to the grievance procedure in the contract will be observed throughout this process.

SOUTHBRIDGE PUBLIC SCHOOLS

FORMAL OBSERVATION

GUIDELINES

If a teacher receives a descriptor of N (does not meet the standard) on the observation form, the evaluator will provide (in narrative form) a written claim and evidence to support the claim.

If the teacher receives multiple descriptors of N on the observation form, the principal will hold a conference with the teacher within five working days of receiving the written evaluation and address the concerns. The teacher will be afforded the opportunity to bring in an Association representative. The evaluator will provide specific examples in writing that describe the teaching deficiencies along with suggestions for strategies to improve the teaching. After a second classroom observation by the principal, the principal and teacher will meet to discuss the aforementioned strategies and improvements within 10 working days. If no growth or improvement is evident after 30 days, the principal may place the teacher on a Professional Improvement Plan. If the performance shows sufficient progress there will be no additional formal visits.

All scheduled classroom observations must be no less than forty minutes and no more than the entire class lesson. A post conference will follow within five school days.

The formal observation form will include a narrative of the lesson and identify areas of commendation or concern observed during the classroom visit. This form is the instrument used to evaluate a PTS teacher in year one of the growth cycle. If as a result of direct observations, supervision or other evidence, it is determined that a teacher is not performing to the district standards the administrator will follow the process for placing a teacher on a Professional Improvement Plan identified in this complete document.

SOUTHBRIDGE PUBLIC SCHOOLS

EVALUATION PROCEDURES

Teachers with Non-Professional Status

Teachers without Professional Status will be placed on Year One until they achieve professional teacher status.

Staff evaluations will occur according to the following cycle and criteria:

§  Classroom observations will take place during the entire teaching period. Teachers will receive four written observations and one summative evaluation

§  Two written observations between September 15 and December 15

§  Two written observations between January 3 and April 10

§  No observations are to be scheduled the day before/after holidays/vacations, half-days or special school events

Each classroom visit will include a pre and post conference with the teacher and the evaluator.

Pre-Conference:

§  The teacher will be evaluated using the Standards of Effective Teaching Form

§  During the pre-conference the teacher will identify the focus, standard(s) and objectives of his/her lesson with the principal or evaluator.

Post-Conference:

§  A post conference will be held between 5-10 working days after the classroom observation. Following the post-conference the teacher and principal will sign the evaluation and forward it to the superintendent’s office where it will be placed in the teacher’s personnel file. A copy of the signed evaluation will be provided to the teacher.

Summative Report:

§  A final summary evaluation will be written by the principal in collaboration with other evaluators and submitted for signature to the teacher on or before May 15. The original, signed evaluation will be sent to the Superintendent’s office and will remain in the teacher’s personnel file. A copy of the signed summary will be provided to the teacher.

SOUTHBRIDGE PUBLIC SCHOOLS

EVALUATION PROCEDURES

Teachers with Professional Status

Year One: Formal Evaluation

Staff evaluations will occur according to the following cycle and criteria:

§  Classroom observations will be no less than 40 minutes and no longer than a full class period.

§  The observation will occur between October and March

§  No observations will be scheduled the day before/after holidays, vacations, half-days or special school events

§  Teachers will receive one written observation and one summative evaluation.

The classroom visit will include a pre and post conference with the teacher and the evaluator.

Pre-Conference:

§  The teacher will be evaluated using the Standards of Effective Teacher Form

§  During the pre-conference the teacher will identify the focus, standard(s) and objectives of his/her lesson with the principal or evaluator.

Post-Conference:

§  A post conference will be held between 5-10 working days after the classroom observation. Following the post-conference the teacher and principal will sign the evaluation and forward it to the Superintendent’s office where it will be placed in the teacher’s personnel file. A copy of the signed evaluation will be provided to the teacher.

Summative Report:

§  A final summary evaluation will be written by the principal in collaboration with other evaluators and submitted for signature to the teacher on or before May 15. The original, signed evaluation will be sent to the superintendent’s office and will remain in the teacher’s personnel file. A copy of the signed summary will be provided to the teacher.

Year Two: Professional Growth

During this cycle each teacher will identify an area for professional growth. On or before October 15^th the teacher will develop and submit to the evaluator a proposal for his/her Professional Growth Plan (PGP). The proposal will include a one or two year growth goal(s), action steps, evidence of attainment, support materials needed and a timeline. The plan will be approved by October 30^th and the final report will be submitted to the evaluator no later than May 15^th. The staff member and evaluator will meet to review progress on the goal at mid-year and will meet to discuss the attainment of the goal and the final report no later than June 1^st.

Examples: coursework, research project, piloting a program or text, training in Standards-based instruction, training in the Skillful Teacher, developing units that focus on standards-based instruction, committee work, mentoring, peer coaching, training in the John Collins Writing Program, training in mathematics, training in content-specific curriculum, curriculum revision, lesson study, applying for National Teacher Certification, grade-level meetings focused on specific initiatives, preparing professional staff workshops, grant writing, focus groups, analyzing student data, creating interdisciplinary units, team teaching, and other similar products.

Year Three: Professional Growth

The teacher may choose a new professional growth area in year three or continue with the growth area he/she worked on in year two. If the teacher chooses a new area for growth in year three, he/she will meet with the evaluator to discuss a proposal with action steps, goals, support materials needed on or before October 15^th. The plan will be approved by October 30^th. Each year of the professional growth cycle (whether it is year two or year three), the teacher will meet at mid-year with his/her evaluator to discuss progress on the area of growth. The final report will be submitted no later than May 15^th. The staff member and the evaluator will meet to discuss the attainment of the goal and the final report no later than June 1^st.

Understandings:

All professional growth areas will be consistent with improving teaching within the teacher’s assignment or will be aligned with the Southbridge Public School’s current District goals.

If the evaluator and the staff member cannot come to a mutual agreement on the professional growth area they will meet with the Superintendent to identify an appropriate growth area agreed on by all. This meeting must take place no later than December 1^st to allow the teacher time to complete the PGP.

Teachers of PreK-5 who accept a change in their teaching assignment to another building or grade will remain on their current year in the evaluation cycle. Teachers of grades 6-12 who accept a change in assignment requiring another state license (i.e. from life science to physical science, from algebra to calculus) will revert to year one (formal evaluation) of the cycle for that school year and will be evaluated in their new teaching position.

A final grade resulting when the teacher’s PGP includes a college course will require submission of an official grade report hand carried to the Superintendent’s office for goal completion.

SOUTHBRIDGE PUBLIC SCHOOLS PRE-CONFERENCE FORM

Date______________________________________

The evaluator and classroom teacher will meet to determine the class to be observed. Prior to the scheduled visit, the teacher will provide the evaluator with a complete Pre-Conference Form. Should plans change between the time of the pre-conference and the observation, the observation will be re-scheduled at the request of either party.

Evaluator__________________________________ Date of scheduled observation__________________

Teacher to be observed__________________________________ Grade/Class ___/__________________

1.                  Identify the objectives of the lesson

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

2.                  Describe the instructional strategies/methodologies that will be used during the lesson:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

3.                  Are there any special circumstances in the class the evaluator should be aware of?

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

4.                   OPTIONAL: If the teacher desires particular emphasis be placed on any of the performance criteria contained within the Formal Observation Form:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

5.                  Additional teacher comments or notes:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

6.                  Evaluator's notes: Must conform to the items on the Formal Observation Form.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Southbridge Public Schools

Southbridge, Massachusetts

Classroom Observation Form

Teacher: ___________________________                                Date: ___________________________

Evaluator(s): ___________________________                        Date of Hire: ______________________

Teaching Assignment: ______________________________________________________

Year in Evaluation (Circle)

NPTS 1  NPTS 2   NPTS 3   PTS 4

Dates of Formal Observations: ___________________________

District Standards of Effective Teaching

N -Does Not Meet Standard     S -Sometimes Meets Standard     C-Consistently Meets Standard     N/A-Not Applicable/Evaluated

Narrative:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Narrative:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Narrative:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Narrative:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Narrative:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Rubric

C = Consistently meets the standard. This is the benchmark.

S= Sometimes meets the standard.

N= Does not meet standard.

N/A Not Applicable/Evaluated

Narrative: The Narrative should begin with a contextual statement of the teacher’s current assignment. It should make reference to observations, delineations of strengths and weaknesses, examples of exemplary/distinguished performance and, in general, descriptors of performance levels. Any indicator of an “N” requires a specific explanatory reference in this narrative.

Recommendations: These recommendations should include suggestions and resources to improve performance in relation to the teacher’s ongoing professional growth and development. They should be made in the context of the District’s standards of effective teaching. This section should include specific suggestions in areas of unsatisfactory performance.

Overall Performance Assessment

Meets District Standards_______________    Does Not Meet District Standards_________________

I have read comments (if any). __________________________________________ (initial)

Primary Evaluator: __________________________________________

Contributing Evaluator: __________________________________________

I have read the above report and have had the opportunity to comment.

__________________________________________            ______________________

Teacher’s Signature                                                                                            Date

(The teacher’s signature does not indicate agreement or disagreement with the content of this evaluation.)

__________________________________________            ______________________

Principal’s Signature                                                                                           Date

SOUTHBRIDGE PUBLIC SCHOOLS

SUMMATIVE EVALUATION

FORM

Teacher: __________________________________________ Grade:___________________________

School: ____________________________________________________________________________

Principal or Administrator __________________________________________

Date: __________________________________________

The Summative Evaluation Report is based on all Formal Observation Reports and other observations made by the evaluator throughout the year.

In a narrative form, record a description and evaluation of performance which may include:

Knowledge of the Curriculum and Assessment:

_____________________________________________________________________________________

_____________________________________________________________________________________

Effective Instruction:

_____________________________________________________________________________________

_____________________________________________________________________________________

Classroom Climate and Operations:

_____________________________________________________________________________________

_____________________________________________________________________________________

Promotion of High Standards and Expectations for Students:

_____________________________________________________________________________________

_____________________________________________________________________________________

Professional Relationships:

_________________________________________________________________________

Principal Signature                                                      Date

_________________________________________________________________________

Teacher Signature                                                        Date

Recommended for Renewal: Yes _________   No ____________

Signatures below indicate a conference between the teacher and the evaluator was held. The teacher’s signature on this form indicates that he/she has seen all comments on the form. The teacher’s signature does not necessarily indicate agreement with the evaluation report.

Evaluator: ____________________________________________   Date: ___________________

Teacher: ____________________________________________      Date: ___________________

Administrator: _________________________________________ Date: ___________________

NAME:  ___________________________________________  Date:_____________________

35-2                        Last                        First                        Middle

ARTICLE 36School: ______________________________________________________________

ARTICLE 37Address: ______________________________________________________________

________________________________________________________________________________

Street                                          City                                State                          Zip Code

Primary Area of Certification: __________________________________________________________

__________________________________________                             __________________________

Grade(s)                                                                                                               Subject(s)

Year in Cycle: Check One:  ( ) Formal Evaluation

( ) Professional Growth –Year One ( ) Professional Growth – Year Two

Describe your proposal that will lead to your professional growth:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Actions or procedures you will follow to accomplish the proposal:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

List the evidence you will provide that shows completion of your proposal:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Approval of Goal:             (   ) Accepted                        (   ) Not Accepted

Please provide a summary of your growth experiences:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

If not accepted by the evaluator, a teacher will have the option to return to the formal evaluation cycle or to submit a new proposal.

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Assessment of growth as it relates to your proposal:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

__________________________________________                             __________________________

Signature of Teacher                                                                                             Date

Teacher submitted proposal by October 15^th     (   ) Yes           (   ) No Evaluation signature & dated

Teacher submitted final report on or before 6/1     (   ) Yes    (   ) No evaluation signature

[  ]   Accepted                       [  ]Not Accepted

________________________________________________

________________________________________________                _________________________

Name of Evaluator                                                                                                                            Date

REMEDIATION

PROFESSIONAL IMPROVEMENT PLAN (PIP)

If, as a result of direct observations, supervision or other evidence, it is determined that a teacher is not meeting the district standards, the administrator will hold a conference with the teacher to address the concerns and seek remedies. The remedies may include involvement of other trained evaluators (i.e., coordinators, department heads). The intervention may occur at any time during the school year and/or during any year of the cycle. If the prescribed remedies resolve the identified concerns, no formal action is needed.

If the prescribed remedies do not resolve the evaluator’s concerns following 30 days of support, as evidenced in documented classroom observations or supervision records, upon approval of the Superintendent, a Professional Improvement Plan (PIP) will be developed to provide classroom assistance to a teacher. If there is another evaluator assisting the teacher (i.e., department head, coordinator, academic coach, or team leader), that professional will not write the evaluations. A mentor will be provided upon teacher request after the PIP has been developed. If there is a mentor is it understood that the relationship between the teacher and the mentor is confidential. The administrator must perform all observations in a timely fashion.

Process

§     Schedule a conference to review the areas of deficiency

§     Discuss corrective actions to eliminate deficiency(s)

§     Provide a list of resources available for assistance

§     Identify the duration of the plan and scheduled observations

§     Develop the PIP with the teacher

§     Sign appropriate documents to acknowledge receipt of the PIP

§     Teachers will have a minimum of three months to show improvement

§     Periodic reviews will be held with the teacher to review performance and progress

§     The evaluators(s) will meet, discuss all observations compiled to date, prepare a final summative report, and make a declaration of the teacher’s status not less than one year from placement on a PIP as follows:

§     Sufficient Progress – Removal from PIP and return to regular evaluation cycle

§     Insufficient Progress – The teacher who does not demonstrate sufficient progress will be notified formally via the summative evaluation report. The teacher will also be notified of recommendations for administrative action

§     The teacher has a right to due process and to SEA representation at all meetings for PIP according to the prevailing Contractual Agreement.

EXHIBIT XI

TOWN OF SOUTHBRIDGE

BEFORE-TAX HEALTH CARE

PREMIUM PAYMENT PLAN

THIS PLAN made and entered into this 1^st day of June, 1990, and effective for the period ending June 2, 1990, by the Town of Southbridge, Massachusetts (hereunto referred to as the “Employer”);

WITNESSETH

WHEREAS, the Employer desires to establish a Cafeteria Plan, as permitted by Section 125 of the Internal Revenue Code and Section 132 of Chapter 697 of the Massachusetts Acts and Resolves of 1988, in order to permit eligible employees of the Employer to participate in the Employer’s Group Health Insurance Plan on a basis which is intended to provide them with significant income tax advantages, as permitted by Section 125 of the Internal Revenue Code, as amended.

WHEREAS, the Employer desires that the Plan shall be effective for the pay period ending June 2, 1990, and that the Plan shall be known as the Town of Southbridge, Massachusetts Pretax Health Care Premium Payment Plan for Employees (herein after referred to as “Plan”).

NOW, THEREFORE, to implement and carry out the purpose of said Plan, the Employer does hereby establish the Plan as follows:

ARTICLE I

Definitions

1.1                CODE shall mean the Internal Revenue Code of 1986, as amended from time to time.

1.2                COMPENSATION shall mean total annual compensation, earned by an Employee during a Plan Year as reported on Form W-2.

1.3                EFFECTIVE DATE shall mean June 1, 1990.

1.4                EMPLOYEE shall mean an employee of the Employer.

1.5                EMPLOYER shall mean the Town of Southbridge, Massachusetts.

1.6                MEMBER shall mean an eligible employee who is duly enrolled under the Plan.

1.7                PLAN shall mean the Town of Southbridge, Massachusetts Before-Tax Health Care Premium Payment Plan for Employees.

1.8                PLAN ADMINISTRATOR shall mean the individual(s) designated pursuant to Article IV to administer the plan.

1.9                PLAN YEAR shall mean the twelve-month period which begins on 1990.

ARTICLE II

ELIGIBILITY AND PARTICIPATION

2.01        ELIGIBILITY

Each employee shall be eligible to become a Member in the Plan on the effective Date of the Plan if he or she is eligible to participate in the Employer’s Health Care Insurance Plan. All other Employees shall be eligible to become members of the Plan as of the first full payroll period following enrollment in the Employer’s Health Care Insurance Plan.

2.02        WAIVER FORMS

An Employee who has satisfied the eligibility requirements as of the Effective Date shall become a Member in the Plan unless the Employee completes a waiver form declining participation in the Plan on form provided by the Employer.

Such participation shall be irrevocable and shall remain in force for the duration of the Plan Year, except as provided in Section 2.03. At least thirty days prior to the option not to participate in the Plan Year following completion of a waiver form in the form provided by the Employer.

2.03        REVOCATION AND NEW ELECTION

A Member may revoke a benefit election after the period of coverage has commenced and make a new election with respect to the balance of the Plan Year if both the revocation and election are on account of and consistent with a change of family status (e.g., marriage, divorce, death of a spouse or child, birth or adoption of child or termination of employment of spouse). Such a revocation and new election shall be effective as of the first payroll period following notification to the Payroll Office.

ARTICLE III

BENEFITS

3.01    PAYMENT OF PREMIUM

For Plan Members, all of the Group Health Care Insurance Plan premiums paid by the Employee will be paid instead directly by the Employer. Unless and eligible Employee waives participation in the Plan prior to the commencement of each Plan Year, it will be deemed that the member agrees to have his or her pay reduced each pay period by the amount of the Employee’s portion of the Group Health Care Insurance Plan premiums applicable to his or her coverage for such month. Any adjustment in the amount of such Group Health Care Insurance Plan Premiums during the Plan Year because of changes in the cost of such group insurance premiums shall be automatically reflected in the amount of pay reduction for the Plan Year as of the effective date of the effective of the adjustment.

ARTICLE IV

ADMINISTRATION OF PLAN

4.01        PLAN ADMINISTRATION

The employer shall appoint the Plan Administrator (Consisting of one or more persons, appointed from time to time) to serve at the pleasure of the Employer. Any vacancy arising by resignation, death, removal or otherwise shall be filled by the Employer.

4.02        RIGHTS, POWERS AND DUTIES OF THE PLAN ADMINISTRATOR

The Plan Administrator shall have such authority as may be necessary to discharge responsibilities under the Plan, including the following rights, powers and duties:

(a)                 The Plan Administrator shall adopt rules governing Plan procedures not consistent herewith, and shall keep a permanent record of such actions. The Plan Administrator shall administer the Plan uniformly and consistently with respect to persons who are similarly situated.

(b)                 The Plan Administrator shall prepare and file such reports as may be required by the Employee Retirement Income Security Act of 1974 (ERISA) or otherwise by law from time to time.

(c)                 The Plan Administrator shall have the sole responsibility for the administration of the Plan; and, except as herein expressly provided, the Plan Administrator shall have the exclusive right to interpret the provisions of the Plan and to determine any questions arising hereunder or in connection with the administration of the Plan, including the remedy of any omission, inconsistency or ambiguity, and any decision or action in respect hereof shall be conclusive and binding upon any and all Members or former Members.

(d)                 The Plan Administrator may seek the advice of such counsel and agents in such clerical, medical, accounting and other services as may be required in carrying out the provisions of the Plan. The Plan Administrator shall be entitled to rely conclusively upon, and shall be fully protected in any action taken in good faith in relying upon, any opinion or reports which shall be furnished by any such accountant, counsel or other specialist.

(e)                 The Plan Administrator shall act by a majority of members at the time in office and such action may be taken either by a vote at a meeting or in writing without a meeting to execute any documents on the Plan Administrator’s behalf.

(f)                  The Plan Administrator shall serve without compensation for services as such.

4.03        EXERCISE OF THE PLAN ADMINISTRATOR’S DUTIES

The Plan Administrator shall discharge any and all duties solely in the interest of Members and former Members:

(a)                 for the exclusive purpose of providing benefits to such Member or former Members, and, in the discretion of the Employer, defraying reasonable expenses of Plan Administration, and

(b)                 with the care, skill, prudence and diligence under the circumstances then prevailing that the prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character with like aims.

4.04        INDEMNIFICATION OF FIDUCIARIES

The Employer shall indemnify the Plan Administrator and Employees of the Employer performing fiduciary duties under federal law to the extent that such officers’ or Employees’ duties or exercise of discretion under the Plan. Any other act or omissions will not be indemnified by the Employer in the event that such loss or damage is judicially determined or agreed by the officers or employees to be due to gross negligence or willful misconduct on the part of the Plan Administrator.

ARTICLE V

CLAIMS PROCEDURE

5.01    INFORMAL REVIEW

Any Member or former Member who wishes to request an informal review of a claim for benefits or who wishes an explanation of a benefit or its denial may direct to the Plan Administrator in a written request for an informal review. The Plan Administrator in a written request by issuing a notice to the claimant as soon as possible but in no event later than thirty days from the date of the request. This notice furnished by the Plan Administrator shall be written in a manner calculated to be understood by the claimant and shall include the following:

(a)                 The specific reason or reasons for any denial of benefits;

(b)                 The specific Plan provisions on which any denial is based;

(c)                 A description of any further material or information which is necessary for the claimant to perfect his or her claim and an explanation of why the material or information is needed, and

(d)                 An explanation of the Plan’s formal claims review procedure.

5.02     FORMAL REVIEW

In the event that the notice concerning the information review is insufficient to satisfy the claimant, the claimant or his duly authorized representative shall submit to the Plan Administrator or written request for a hearing. The Plan Administrator shall hold a full and fair hearing on the issue within thirty days following receipt of the claimant’s request for hearing. The Plan Administrator shall then furnish a written decision which shall be written in a manner calculated to be understood by the claimant and containing specific reference to the pertinent Plan provisions on which the decision is based.

ARTICLE VI

MISCELLANEOUS

6.01        AMENDMENT AND TERMINATION

This Plan shall be subject to amendment or termination at any time by the Employer; however, that amendment or termination shall not affect any right to claim benefits arising prior to such amendment termination, and provided further that after termination no person shall be considered to be a Member for any purpose or the Plan.

6.02        APPLICABLE

The Plan is intended to qualify as a “Cafeteria Plan” under Section 125 of the Code, and shall be construed and interpreted consistent with the requirements of that Section. The Plan shall be further construed and administered in accordance with the laws of the Commonwealth of Massachusetts.

EXHIBIT XII

PROCEDURE FOR TUITION REIMBURSEMENT

December 5, 2000

The following is a clarification of Article 32, Tuition Reimbursement of the contract.

Proof of payment demonstrated by:

Canceled check (both sides)

Credit card statement

Only statement header, name, date, course title, and payment amount

(All information not relevant to be whited out)

Receipt from college

Reimbursement will be at whatever that state college charges for Registration and Tuition, subject to Section 32-2.1.

Courses taken outside the state college system will be reimbursed at the maximum state college rate, subject to Section 32-2.1.

Reimbursement does not include any other fees or costs associated with attending the course.

Reimbursement will not be provided for attending classes outside the teacher’s primary licensure or current teaching assignment.

Steps for reimbursement:

1.               Fill out Course Approval Form (blue form) prior to enrollment in course.

2.               Fill out Reimbursement Form (yellow form) after completion of the course.

This form has to be at the Superintendent’s Office BEFORE JUNE 30 even if you do not have your grade yet.

Hand carry this form to the Superintendent’s Office along with proof of payment and college grade report.

Put a copy in your personnel file and keep the original for your records.