Beverly

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DistrictBeverly
Shared Contract District
Org Code300000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2017
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersNorth Shore RVTSD
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityeconomically developed suburbs
Number of Schools7
Enrollment4269
Percent Low Income Students24
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Beverly

Agreement

between the

Beverly Teachers Association

and

Beverly School Committee

Unit A

September 1, 2014 - August 31, 2017

PREAMBLE

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made this first day of September, 2014 by the School Committee of the City of Beverly (hereinafter sometimes referred to as the Committee) and the Beverly Teachers Association (hereinafter referred to as the Association).

WITNESSETH

WHEREAS, this Agreement recognizes that it is the mutual prime purpose of the Committee and the Association and its members to provide education of the highest possible quality for the children of Beverly and that good morale within the teaching staff of Beverly is essential to achievement of that purpose; and

WHEREAS, it is the duty of the parties of this Agreement to confer in good faith with respect to wages, hours and other conditions of employment, to bargain collectively and to execute a written contract incorporating any agreement reached;

NOW THEREFORE, in consideration of the mutual promise and agreements herein contained, the parties mutually agree as follows:

ARTICLE I - RECOGNITION

For the purpose of collective bargaining with respect to wages, hours, other conditions of employment, the negotiation of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent and representative of all Unit A Members, also including, but not limited to, library media specialists, counselors, psychologists, vocational teachers, rehabilitation specialists, team chairpersons, and nurses.

ARTICLE II - RIGHTS OF THE COMMITTEE

The Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall derogate from the powers and responsibilities of the Committee and/or the Superintendent under the statutes of the Commonwealth or the rules or regulations of agencies of the Commonwealth. The Committee and/or the Superintendent retain those rights, powers, and duties it now has or may be granted or have conferred upon it by the law unless modified or changed by this Agreement

ARTICLE III - GRIEVANCE PROCEDURE

1.    DEFINITION. For the purpose of this Agreement, a grievance shall be defined as a complaint by an employee in the unit covered by this Agreement which involves an alleged violation, misapplication, or misinterpretation of a specific provision of this Agreement.

2.    PURPOSE. The purpose of the procedure set forth hereinafter is to produce the prompt and equitable solution to those problems which from time to time arise and affect the conditions of employment of the employees covered by this Contract.  The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved, however documented, at the procedural level involved.

3.    PROCEDURE.

A.   LEVEL ONE: An employee with a grievance will present it to his/her school principal. In the event that the employee is not directly responsible to an individual principal, then he/she will present it to his/her immediate supervisor.

B.   LEVEL TWO: If at the end of five (5) school days next following such presentation the grievance is not resolved to the satisfaction of the grievant, the employee and a representative of the Association may within five (5) school days thereafter present the grievance in writing to the Superintendent, who shall meet to discuss the grievance with the employee, and the President of the Association or his/her designee, within five (5) school days after receipt of the written grievance. The written grievance shall set forth the facts relied upon, the section of the agreement allegedly being violated; the remedy sought and shall be signed by the grieving teacher.

C.   LEVEL THREE: If, at the end of five (5) school days next following the meeting with the Superintendent, the grievance is not resolved to the satisfaction of the grievant, the employee may within five (5) school days thereafter present the grievance in writing to the Committee, which shall hear the grievance within ten (10) school days after the presentation of the grievance. The aggrieved employee, authorized representative of the Association, and other persons deemed necessary for the proper presentation of the said grievance shall have the right to be present and heard.

D.   LEVEL FOUR: If the grievance is not resolved to the satisfaction of the employee and the Association within ten (10) school days after the meeting with the Committee, and if the grievance shall involve the interpretation or application of any provision of this Contract, the Association may within ten (10) school days submit the grievance to the American Arbitration Association for binding arbitration in accordance with the Voluntary Labor Arbitration Rules then in effect. The expenses of such arbitration shall be shared equally by the Committee and the Association. The arbitrator shall have no power or authority to add to, subtract from, or modify any of the terms of this Agreement

Subject to the foregoing and pursuant to G.L.C. 150C, the decision of the arbitrator shall be final and binding upon the Committee and the Association, and the aggrieved employee.

4.   GENERAL.

A.   If at the end of ten (10) school days next following the occurrence of any grievance, or the date of first knowledge of its occurrence by any employee affected by it, the grievance shall not have been presented at Level One of the procedure set forth above, the grievance shall be deemed to have been waived; and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified therefore by the above Section.

B.   No employee covered by this Contract shall present any grievance without representation by the Association. Representation by the Association shall be provided non-members as well as members of the Association without discrimination.

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

D.   Any grievance involving the application or interpretation of this Contract which involves a whole group of employees may be instituted by the Association at Level Two.

E.   The Committee shall have a similar grievance procedure available to them at all levels.

F.    Decisions rendered at all Levels above Level One will be in writing, and shall set forth the decision and reasons therefore.

G.   The time limits set forth above may be extended by mutual consent.

ARTICLE IV - COMPENSATION

1.    GENERAL

Subject to the provisions of this Contract, (and except as otherwise provided by Appendices A, B, and C attached hereto and made a part hereof) the wages, hours, and other conditions of employment applicable on the effective date of this Contract to the employees covered by the contract shall continue to be so applicable.

2.    CREDIT FOR PRIOR TEACHING EXPERIENCE.

A.   The Superintendent, in placing new members on the salary schedule, may grant, in his/her discretion, credit for prior appropriate and comparable experience or prior related experience in business, trade, or profession. The denial of any such credit shall not be subject to the grievance and arbitration provisions of this Agreement.

B.   Teachers with or without prior full-time teaching experience who have been substituting in the same or comparable position for which they are being hired will be allowed one year of credit on the salary schedule for the year of such substituting experience provided they have taught ninety (90) or more days in such position continually for the year of such substituting experience.

3.    CREDIT FOR MILITARY SERVICE.

Members employed in Beverly prior to September 1, 1975, who are inducted or who, as members of the reserve unit, are called into military service shall be given one-half (1/2) credit as experience for each year of active full-time military service up to and including a total of four (4) years except for required service in time of a national emergency when full-time credit without restriction shall be given. When the computation results in a fraction of one-half (1/2) or more, a full one (1) year's credit shall be given. Nothing in this provision shall be construed as granting a member professional status.

4.    SALARY PAYMENTS.

C.   Members shall receive 1/26 of their contracted salary for each of the first 21 payments. The final payment, including all payments of summer vacation period, shall be made payable on June 30.

D.   When the scheduled payday Thursday occurs on a holiday, payment shall be made on the preceding day. When the payday shall be during a school vacation period, the payment shall be made available on the day due in the Superintendent's Office in the afternoon.

ARTICLE V - CLASS SIZE

Class sizes of pupils are to be governed by the following considerations:

A.   The subject matter, the school level, and what is deemed to be the most efficient class size by national or state authorities in that area of curriculum.

B.   Availability of suitable teachers.

C.   Availability of classroom space.

D.   That a sufficient number of students are enrolled in the total course or a school or grade within a school that would allow the forming of another class of sufficient size to be justified economically.

E.   That a reduction of a class size is possible by the transfer of pupils to a school in an adjacent school district.

F.   The Association shall have the right to discuss with the Committee (or at the option of the Committee, an ad hoc sub-committee thereof) an appropriate class size for the case in question.

G.   The number of pupils shall not exceed the number of pupil stations.

ARTICLE VI - TEACHING CONDITIONS

1.    CLASS LOAD.

A.   No teacher in the high school shall be required to teach more than five (5) 84-minute classes per semester. No teacher in the middle schools shall be required to teach more than four (4) 57-minute classes per day. Double periods of a laboratory or shop nature shall not be construed to mean two (2) classes. Teachers who have "double labs" shall not have homeroom duty, nor on the days on which they have "double labs" be required to have supervisory duties.

B.   The teaching load of any or all teachers may be reviewed by the Association, and if considered unreasonable in any instance, it may be brought to the attention of the Committee through the grievance procedure.

C.   Unit members at the secondary level may volunteer to teach one additional class subject to the following:

(1)  To be eligible a teacher must have good references and must have completed teaching one full school year in Beverly.

(2)  There will be no more than forty-five (45) teachers participating in the voluntary six-period teaching program.

(3)  No teacher will be laid off within the department and/or a position within the department eliminated as a result of these assignments.

(4)  The Superintendent and the Principal will consult with the Association President relative to applicants for these positions.

(5)  The compensation for teaching an additional class (equivalent of a five-credit course) at the secondary schools shall be as follows:

High School

Middle School

Member receives step increase

Member at maximum step

Member receives step increase

Member at maximum step

$6,000

$8,000

$6,500

$8,500

Rates of compensation are based upon school schedules remaining the same as that described in VI 1 - A.

2. PREPARATION TIME.

A. SECONDARY.   Each teacher in the secondary schools shall have five (5) unassigned periods per week for the preparation of teaching.

B. ELEMENTARY.

(1)       Elementary teachers shall not be required to remain in the room while a special teacher or supervisor is in the classroom except to the extent necessary to insure continuity of follow-up instruction.

(2)       In the event classroom sessions involving more than one (1) classroom are scheduled by the administration or by a teacher with the approval of his/her principal, the elementary teachers of the various classrooms involved who are not participating in the exercise shall not, except as hereinafter provided, be required to attend but may utilize said time in their own classroom, unless another location is authorized by the principal, for the preparation of teaching. Anything contained herein to the contrary notwithstanding, classroom teachers who would otherwise be entitled to preparation time as hereinbefore provided may be required to attend a group session so as to insure proper student supervision or continuity of follow-up instruction.

(3)      Elementary teachers will be allowed to utilize (2) in-service release times for the preparation of teaching. Said preparation release time shall be the same for all elementary teachers. This time shall be spent in the teacher's classroom unless a different location is authorized by the teacher's principal in the case of classroom teachers and respective department heads in the case of specialists. A third early release day will be utilized for elementary teachers at the building level. The program for this day will be mutually agreed between the Superintendent and the Association.

(4)      Elementary teachers shall receive a preparation period of not less than thirty (30) consecutive minutes on at least four (4) days each week. The total amount of preparation time they shall receive each week shall be at least 180 minutes. All preparation time received in accordance with Articles VI2B1 and 2 shall apply against the aforementioned. Effective the school year 2012-2013, there will be two additional 30 minute preparation periods per month to be scheduled on the 5th day wherever possible.

3.    MINI-COURSES - INTRAMURALS.

A.   MINI-COURSE. Each high school teacher shall have one (1) mini-course or extra-curricular duty or responsibility without compensation.

B.   MIDDLE SCHOOL AND HIGH SCHOOL INTRAMURALS.

(1)  ASSIGNMENTS WILL BE MADE AS FOLLOWS:

a.   Volunteers provided they are qualified to fill the position.

b.    In the event a sufficient number of qualified volunteers are not available, assignments shall be made by the administration in accordance with current practice under Article VI, Section 3A.

(2)  Except as hereinafter provided in Section 3B (3), time spent in the intramural program shall not be considered as fulfilling the teacher's obligations under Article VIII, Section 1F. Such time shall be considered, however, except as hereinafter provided in Section 3B (3) and (4), as fulfilling the teacher's obligations under Section 3A of this Article.

(3)  In the event a secondary physical education teacher is given the assignment, time spent in the program shall be considered as fulfilling such teacher's obligations under Article VIII, Section 1F during the period of time such teacher is involved in the intramural program. Such time shall not, in such case, however, be considered as fulfilling the teacher's obligations under Section 3A of this Article.

(4)  An intramural sport lasting one quarter (1/4) of the school year will be treated as one (1) mini-course.

4.    ATTENDANCE REPORTS.

The Committee recognizes the fact that the keeping of attendance registers and the making of monthly, semi-annual, and annual attendance reports is an administrative responsibility rather than the responsibility of a classroom teacher. Teachers are responsible to report absences, tardiness, and dismissals to the properly designated authority.

5.    SUPERVISION.

A.   Teachers may be required to share in the administrative duties of the school such as the supervision of pupils passing in corridors, fire drills, arrivals, dismissals, bus arrivals/departure, recess, playground supervision, study periods, and assemblies. In the event of an emergency, the principal shall have the right to temporarily assign additional administrative duties.

B.   Absent unusual circumstances, at the elementary schools, all specialists (art, music, physical education, library, school adjustment counselors, speech therapy assistants, certified occupational therapy associates, physical therapy assistants, reading teachers and title one teachers) and learning center teachers will be assigned on a daily basis, morning or afternoon duties. After the assignment of the specialists, classroom and learning center teachers may be assigned said duties on a rotating basis. Major concerns about the operation of this provision will be addressed by the Superintendent and the Association President.

C.   At the middle school level, all teachers are assigned to morning and afternoon duties as well as lunchroom and detention supervision. At the high school level, duties include monitoring entrances to the school as well as supervision of academic labs (study halls), the cafeteria, and in-school suspension.

6.    LEAVING BUILDING.

Members will be allowed to leave their respective buildings with the permission of the principal.

7.    SUBSTITUTES.

Whenever possible, a substitute will be hired for a classroom teacher or nurse who is absent. This provision shall apply to all specialized personnel working with more than one pupil at a time.

8.    STUDENT EFFICACY PROGRAM.

Beginning in the 1999-2000 school year, commencing with the High School and continuing thereafter in the Middle and Elementary Schools, students at risk of academic failure (goal of 150 high school students in year one) will be identified and assigned a teacher/mentor. Each certified staff member will be assigned no more than three students for this long-term "academic success" mentoring program. Training will be made available to the staff.

ARTICLE VII - FACILITIES AND SUPPLIES

1.    Adequate facilities for lunch shall be provided in each school.

2.    Each school shall have a workroom for members. Minimum equipment shall include a work table, chairs, and ready access to computers and printers. A review of necessary equipment shall be made annually.

3.    Adequate heat and light shall be provided in classrooms. Adequate custodial care shall be provided.

4.    Schools shall be properly equipped. A review of equipment deemed adequate shall be considered annually at the time of budget preparation.

5.    Adequate supplies shall be made available to members throughout the year in accordance with previous budget approval.

6.    HEALTH AND SAFETY.

A system-wide Health and Safety Committee will be established consisting of 12 people, 4 appointed by the Superintendent, 4 appointed by the President of the Association, and 4 parents appointed by the school site councils. This committee will establish its own procedures for assuring compliance with regulations, investigating health and safety issues brought to its attention, and making recommendations on health and safety issues on its own behalf or as a result of an issue brought to its attention by someone else.

ARTICLE VIII - WORK DAY AND WORK YEAR

1.   WORK DAY.

A.   These times shall be modified pursuant to the provisions specified in Sections 1(B) through 1(1) of this Article. The starting and ending times for students are as follows:

Elementary School                                                              7:50 A.M.

                                                                                                2:00 P.M.

Middle School                                                                      8:45 A.M.

                                                                                                3:00 P.M.

High School                                                                          8:15 A.M.

                                                                                                2:33 P.M.

B.   Student starting and stopping time schedules for each building shall be announced ninety (90) days prior to the opening of school each year, except in cases of emergency or to meet the requirements of the Massachusetts Board of Education or as hereinafter provided.

C.   The Committee shall have the right, in its discretion, to modify at any time the aforementioned starting and dismissal times for students, provided, however, that no such change will increase the total number of hours in the member's workday beyond that required in Article VIII, Section 1 A, C, D, F, G, H, and I, and, provided further, that the aforementioned starting and dismissal times for students may not be changed more than thirty (30) minutes earlier or thirty (30) minutes later. The Committee may change the starting and dismissal times for students, as such change, however, the Committee will meet to discuss the matter with the Association, but the final decision to change the starting and dismissal time for the students will be solely that of the Committee. The provisos contained in this paragraph shall not be applicable to any changes made in case of emergency or to meet the requirements of the Massachusetts Board of Education.

D.   The school day for Unit A members will begin fifteen (15) minutes before the aforesaid student starting times, or any new starting times established by the Committee, as aforementioned, and will end fifteen (15) minutes after the aforesaid dismissal times, or any new dismissal times established by the Committee, as aforementioned, except for Fridays or the day before a holiday which shall end five (5) minutes after the aforesaid dismissal times or any new dismissal times established by the Committee, provided, however, that no such change will increase the total number of hours in the teacher's workday beyond that required in Article VIII, Section 1 A, C, D, F, G, H, and I.

E.   All members shall be allowed at least thirty (30) minutes for lunch, duty free between the hours of 10:45 A.M. and 1:30 P.M.

F.   Secondary school teachers shall be available for make-up work, additional instruction, or for parent conferences by appointment for thirty (30) minutes beyond the aforementioned dismissal times two (2) afternoons per week if students are present. Each teacher shall make his/her principal or assistant principal aware of his/her preference of afternoon schedule. Teachers should initiate and encourage their students to take advantage of such afternoon sessions.

G.   Members shall not be required to attend more than twenty three hours per year outside of the contractual work day to be used at the discretion of the principal and faculty through the collaborative decision making process. In the absence of an agreement, the Association President and the Superintendent will determine the schedule. There will be a maximum of three evening events per year not to exceed two hours per function.

H.  All teachers will be required on a roster basis to supervise detention periods in schools where detention is held.

2.   WORK YEAR.

A.   The work year for members shall be 184 days which shall include a maximum of 180 days when students are in attendance except that more days shall be required should the Massachusetts Board of Education increase the number of required school days. At least two days shall be professional development days. The school calendar shall include a reasonable number of days beyond those required for emergencies.

(1)  When Labor Day falls on September 5, 6, or 7, the first student day will be scheduled during the week prior to the holiday. No Unit A Member or student day will take place on the Friday prior to the Labor Day holiday.

(2)  When Labor Day falls on September 1, 2, 3, or 4, the first student day will be scheduled during the week of the holiday.

B.   Guidance Counselors shall work an additional ten (10) days beyond the regular Unit A Member work year. Said days shall be the three (3) days immediately following and five (5) days immediately preceding the member work year and two (2) days during the summer mutually agreed upon. High School Guidance Counselors may also be scheduled to work an additional five (5) consecutive days for a total of fifteen (15) days, which will be worked during the summer months, based upon a mutually agreeable schedule. School Adjustment Counselors, Team Chairpersons and Psychologists may be required to work up to ten (10) days beyond the regular member work year. Said days shall be the five (5) work days immediately preceding and the five (5) workdays immediately following the Unit A Member work year, unless otherwise mutually agreed upon by the Principal and the counselor or chairperson involved. Payments for said additional days shall be on a per diem basis, subject to the provisions of Appendix A.

C.   It shall be understood that the period of employment for personnel served by the Contract shall be between the first Unit A Member work day and June 30, except as otherwise specified in Article VIII, Section 2 B.

ARTICLE IX - LEAVE OF ABSENCE WITH PAY

1.   SICK LEAVE

A.   A member shall be granted up to fifteen (15) days sick leave per year for personal illness/injury. Members will be permitted to use five days per year to be deducted from sick leave for illness in the immediate family. A member who has not used the family illness days may accumulate up to fifteen sick leave days for use for this purpose. All said family illness days will be deducted from sick leave. A family leave form will be completed within five days of the leave. The fifteen (15) sick leave days shall be available at the commencement of each year subject to the following conditions:

(1)  A member who uses said fifteen (15) sick leave days or any portion thereof and does not return to the system:

The member shall repay to the Committee an amount equal to the amount of sick leave pay used which the member would not otherwise have been entitled to use were the fifteen (15) sick leave days per year accrued at the rate of 1 1/2 days per month of active employment, provided that there shall be deducted from this amount any accumulated sick leave (hereinafter called "excess sick leave").

(2)  Member returns to system same school year in which excess sick leave taken:

Amount of excess sick leave at the end of year, if any, to be deducted from following year's yearly grant

(3)  Member returns in subsequent school year:

Member may accrue sick leave at rate of 1 1/2 days per month of active employment up to the difference between fifteen (15) and the amount of excess sick leave taken.

B.   Unused sick leave shall be cumulative up to one hundred fifty (150) days. Commencing with the 16th year of experience in Beverly, Unit A employees may accumulate up to one hundred eighty (180) sick leave days.

C.   Personal illness in excess of five (5) consecutive days must be verified by a written statement by a physician filed with the Superintendent if he/she desires.

D.   Sick leave shall be counted only for days when members are required to be present for work.

E.   If a member is absent for reason of illness before and/or after a holiday or vacation, a doctor's certificate verifying the illness may be required by the Superintendent before payment is made for this absence.

F.   Members will be notified of the number of accumulated sick leave days upon request by the member.

G.   Sick Leave Bank.

(1)  A sick leave bank will be established for use by members with professional teacher status who have exhausted their own sick leave and have a prolonged and/or serious illness or injury.

(2)  Each professional status member of the bargaining unit shall contribute one day from her/his sick leave accumulation to the Sick Leave Bank in order to fund the bank. In the event the Sick Leave Bank becomes depleted, each member of the bargaining unit shall contribute a day from her/his sick leave accumulation to re-fund the bank. No more than two (2) sick leave bank days shall be deducted from members' individual sick leave accounts in any one school year. Sick Leave Bank days unused in one school year shall be carried over to the next school year. At no point shall the bank contain more days than the number of unit members.

(3)  The Sick Leave Bank shall be administered by a Sick Leave Bank Board consisting of four members. Two members will be designated by the School Committee to serve at its pleasure, and two members shall be designated by the Association to serve at its pleasure. Award of benefits from the bank require a majority vote of the full Board. In the event of a tie vote, the Sick Leave Bank Board will agree upon a fifth person to break the tie. If the parties cannot agree, the Association and the Committee will draw lots to determine which party will select the tie breaker.

(4)  Any initial grant of sick leave by the Board shall not exceed thirty (30 days). If need continues, reapplication to the Board may be made for further extensions up to a maximum of thirty (30) days each. Except as provided hereafter in this paragraph, no more than ninety (90) days may be granted by the Sick Leave Bank Board to any individual for a single illness or accident The Board agrees to give due consideration to those situations of unusual circumstances and for hardship arising from prolonged illness or accident when an employee's accrued sick leave and ninety (90) days from the Bank have been exhausted. Such situations will be brought to the attention of the Board by The Association only, whereupon the Board may authorize up to an additional ninety (90) Sick Leave Bank days.

(5)  A member who has received a grant from the Sick Leave Bank will, upon her/his return to regular teaching duties, receive five (5) sick leave days from the bank to be used in the event of illness during the remainder of the school year. Days not used will be returned to the bank on the last day of school.

(6)  Subject to the provisions of this Article the Board shall utilize the following criteria in administering the bank and in determining eligibility and amount of leave:

a.   Adequate medical evidence, including diagnosis and prognosis, of serious and/or prolonged illness or injury and expected date of return. This information shall remain confidential with the Sick Leave Bank Board. The Sick Leave Bank Board may require a second opinion from an independent medical examiner. The cost of the independent medical examination will be borne by the employer.

b.   Access to the bank may be barred because of the history of prior usage of annual and accumulated sick leave.

(7) The decision of the Sick Leave Bank Board with respect to eligibility and entitlement shall be final and binding and not subject to appeal except for reconsideration to the Board itself.

H.   In addition, the member may be entitled to a twelve (12) week FMLA leave of absence relating to the birth or adoption of a child which will run concurrently with the eight (8) week leave of absence.

2.    BEREAVEMENT LEAVE.

A.   A member shall be granted up to five (5) days leave with pay on account of death in the immediate family. Immediate family means husband, wife, child, parent, brother, sister, or member of the household in which the teacher is living.

B.   An absence of up to three (3) days shall be granted for the purpose of attending the funeral of a teacher's grandchild, grandparent, aunt, uncle, niece, nephew, first-cousin, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law or son-in-law.

C.   An additional bereavement day may be granted upon approval of the Superintendent to attend the funeral of a close friend.

3.     PERSONAL LEAVE.

Members shall be granted two (2) days of personal leave per year for imperative personal business, which could not effectively be conducted outside of school hours. Personal leave may not be used for the purpose of extending holidays, long weekends, or vacation except with the approval of the Superintendent. Members requesting personal leave shall execute a form, provided by the Committee, in the form attached hereto as Exhibit C.

4.    PROFESSIONAL LEAVE.

A.   The parties recognize the desirability of teachers' attendance at professional meetings. To encourage such attendance, the Committee agrees to allow a total of at least thirty (30) days leave with pay equally divided between elementary and secondary teachers in so far as possible, for the purpose of attending county, state, or national conventions. Teachers attending shall be approved by the Superintendent.

B.   Members shall be reimbursed at 2011 City of Beverly mileage rate if they use their own automobiles for transportation to such meetings.

C.   A total of thirty (30) days leave with pay shall likewise be allowed for the purpose of visiting other schools to observe noteworthy programs of instruction. The Superintendent may, at his discretion, grant additional days for the foregoing purpose.

D.   Any member granted leave and/or transportation shall make a written report about the meeting to the Superintendent.

5.    OTHER LEAVES.

A member shall be granted one (1) day leave with pay for any of the following compelling causes of each occasion:

A.   Summons to court as a witness, provided Committee or the members thereof are not adverse parties in the litigation.

B.   Attendance at the marriage of a son, daughter, brother, sister, mother or father.

C.   Attendance at summer school when the summer session begins prior to the closing of school in Beverly.

D.   Any other reason approved by the Superintendent.

E.   Should the Superintendent feel that an individual is abusing leave under this provision, he/she may request that the individual meet with him/her to discuss the leave usage. The Superintendent shall state in writing the reasons for believing there is an abuse. Should the individual be found to abuse the leave, that individual could be subject to progressive discipline consistent with the just cause provisions.

6.   MILITARY - ACTIVE RESERVE.

Any member who must be absent from school to fulfill military obligations because of membership in an active reserve unit, provided his unit is ordered out for. Duty, shall be paid for the first fifteen (15) calendar days of such leave the difference, if any between the amount of pay received from the government and the earnings the member would have received for said fifteen (15) day period and such time shall not be counted as sick leave or personal leave. If such leave is granted for over fifteen (15) calendar days, no pay shall be given for leave after the first fifteen (15) days.

7.    OTHER LEAVE PROVISIONS.

A   DEDUCTIONS.

No deductions from salary or leave will be made because of unavoidable tardiness.

B.   NOTIFICATION.

Whenever possible, all requests for leave as provided in Sections 2, 3, and 5, shall be made in advance and shall have been approved by the Superintendent before the day or days of absence and such approval shall not be unreasonably denied.

8.    WORKER'S COMPENSATION.

Bargaining unit members will be covered by worker's compensation.

ARTICLE X - LEAVE OF ABSENCE WITHOUT PAY

1.   MATERNITY LEAVE.

A female member who has completed three (3) months of consecutive employment and who desires to continue service, shall be granted a leave of absence subject to the terms and conditions hereinafter provided, for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled.

A.   LEAVE NOT EXCEEDING EIGHT WEEKS.

(1)  Leaves for the purpose of giving birth not exceeding eight (8) weeks duration shall be granted pursuant to and shall be subject to the terms and conditions of Chapter 149, Section 105D. Such leave shall be without pay.

(2)  A member on leave granted pursuant to and subject to the terms and conditions of Chapter 149, Section 105D may utilize during such leave any accumulated sick leave to which she is entitled under the following terms and conditions:

a.    The member continues to work until such time as she is physically disabled from working. The Superintendent may require the member to produce medical certification of disability as aforementioned.

b.    The member returns to work as soon as she is no longer physically disabled from working. The Superintendent may require the member to produce medical certification as to the period of disability as aforementioned.

Anything contained in this Agreement to the contrary notwithstanding, in the event of the Massachusetts Commission Against Discrimination or a Massachusetts Court of competent jurisdiction or the United States District Court for the District of Massachusetts or the First Circuit Court of Appeals or the United States Supreme Court hold that use of accumulated sick leave or related type benefits in the circumstances under discussion is not required as a matter of law, this Section (2) shall be of no further force and effect

B.   LEAVE IN EXCESS OF EIGHT WEEKS.

Leaves for the purpose of giving birth and raising her child in excess of eight (8) weeks duration (hereinafter sometimes called extended leave) shall be subject to the following terms and conditions:

(1)  Request for such leave shall be addressed to the Superintendent in writing and shall state the purpose of the leave, the date of its commencement and the date of the member's return. The request shall be made, except in cases of emergency, at least forty-five (45) days prior to the date of commencement of the requested leave.

(2)  The leave shall be without pay, increment or credits towards tenure.

(3)  All benefits to which a member was entitled at time her leave of absence commenced shall be restored to her upon her return.

(4)  The member upon return from her requested leave, as hereinafter provided, will be assigned to the same position held prior to such leave, if available, or if not, to a substantially equivalent position, if available, provided, however, that the Superintendent shall not be required to restore a member on extended leave to her previous or a substantially equivalent position if other member of equal length of service and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such extended leave, or if an actual decrease in the number of pupils in the schools of the City renders such action inadvisable.

(5)  In no event shall extended leave be more than twenty-four (24) months from the date of commencement. A member on extended maternity leave shall return to her assignment at the beginning of an academic term, after a school vacation, or at the beginning of the next school year following that leave. In any event, written notice must be given to the Superintendent no later than four (4) weeks prior to the date of return.

(6)  The member shall set forth the date of her return to work (commencement of which year) in her request for leave. Such date may be changed by the member, subject to the provisions of this maternity leave section, in the following circumstances and subject to the following conditions:

a.    Change to September 1 of the year following September 1 of year originally requested: Written notice shall be given to the Superintendent by March 15th prior to the original date of return to work.

b.    Change to September 1 of year preceding September 1 of year originally requested. Written notice shall be given to the Superintendent by March 15th prior to the commencement of the school year in which the member now seeks to return. The allowance of such change shall be at the discretion of the Committee.

C.  ADDITIONAL TERMS AND CONDITIONS. (Applicable to Extended Leaves and Leave not Exceeding Eight Weeks, except as provided otherwise.)

(1)  The Superintendent may require the member to produce medical certification that she is physically able to resume her work before returning to work.

(2)  The Superintendent in his/her discretion may allow a member to return to work at a time other than the times hereinbefore provided.

(3)  A member who is absent on leave as hereinbefore provided shall not be denied the right to advance on the salary schedule on the basis of such leave alone; provided the leave does not exceed sixty (60) school days in the school year preceding the year the member would otherwise have been eligible to have advanced on the salary schedule.

(4)  A member shall not be allowed to take "extended leave" for more than two (2) school years or any part of two (2) school years in any three-school-year period.

(5)  Anything contained in this Agreement to the contrary notwithstanding, utilization of sick leave in connection with pregnancy disability shall be in accordance with applicable judicial court decisions.

2.    OTHER LEAVES.

A member with professional status may be granted a leave of absence without pay if approved by the Superintendent of Schools for a period of time not to exceed two (2) years.

3.    GENERAL PROVISIONS FOR LEAVES.

A.   Notification of intent to return shall be made in writing by the member to the Superintendent on or before March 15 of the leave year prior to returning.

B.   Members returning after a leave of absence shall not suffer any loss of benefits accumulated prior to taking leave.

4.    FAMILY AND MEDICAL LEAVE PROCEDURES.

A.   Paid or unpaid leave which is provided under the Agreement shall be credited against the leave entitlement provided in the federal Family and Medical Leave Act (FMLA), to the extent permitted by the FMLA. A member may use family illness leave in accordance with Article IX Section 1A for FMLA leave following the birth and/or adoption of a child not covered by Article X Section 1 (maternity leave).

B.   An employee who takes a leave of absence under the FMLA does not forfeit any vacation, sick or personal leave that she/he had accumulated at the time of the start of the leave. An employee who is on such a leave of absence on the first official day of a school year will not be granted additional vacation, sick or personal leave for that school year unless she/he returns to active employment during that school year, at which time she/he will be granted such additional vacation, sick and personal leave as would have been granted to her/him on the first official day of the school year if she/he had been actively employed on that date.

C.   The benefit year, for the purposes of FLMA leave, shall be the same benefit year that the City of Beverly uses for City employees in it FMLA policy.

D.   While an employee is on FMLA leave, the School Committee shall continue to make its contribution toward the employee's health insurance premium, provided the employee makes timely payments of his/her contribution toward the health insurance premium.

E.   Request for such leave shall be submitted to the Superintendent or his/her designee, in writing at least thirty (30) days prior to the start of the leave, if the need for leave is foreseeable, or with as much notice as practicable if the need for leave, is not foreseeable, and shall state the purpose of the leave, the date of its commencement, and the anticipated date of the employee's return.

ARTICLE XI - SABBATICAL LEAVE

1.    SERVICE.

After seven (7) years of continuous service in the Beverly Public Schools, a member may apply for Sabbatical Leave for approved study, travel, and/or research.

2.    CONDITIONS.

The Committee may grant Sabbatical Leave on the following conditions:

A.   That the member be properly certified in the Commonwealth of Massachusetts at the time of making the application.

B.   That the application be in writing to the Superintendent of Schools on or before October thirty-one (31) of the school year prior to the period for which such leave is requested.

C.   That it be required that, if Sabbatical Leave is granted, the member of the staff who is given the privilege must enter into a written agreement with the Committee that upon termination of such leave he/she will return to service in the Beverly Public Schools for a period equal to twice the length of such leave and that in default of completing such service, he/she will refund to the City of Beverly, an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered.

D.   Sabbatical Leave will be granted on the basis of full pay for the period of the leave. No such leave will be extended for more than one (1) full academic year.

E.   Sabbatical Leave applications should be recommended by the Principal of the school, and the Superintendent of Schools before approval is given by the School Committee.

F.   No more than one-half (1/2) of one (1) percent to the nearest whole number of the total full time teaching staff may receive Sabbatical Leave in any one year.

G.   Members returning after Sabbatical Leave shall not suffer any loss of benefits accumulated prior to taking leave.

H.  Time spent working on Sabbatical Leave shall be recognized on the salary schedule as equivalent to time spent in teaching in the Beverly Public Schools.

I.    Credits earned on Sabbatical Leave shall be recognized upon return to the Beverly Schools and upon application for said credit to the Superintendent of Schools.

ARTICLE XII - ASSIGNMENTS AND TRANSFERS

1.    NOTIFICATION OF ASSIGNMENT.

Teachers who will be affected by change of grade or subject assignment will be notified and consulted by their principals before May 31st.

2.    LISTING OF POSITIONS.

When changes in assignment are necessary at the end of the school year, a list of positions open in other Beverly Schools shall be made available to the members affected.

3.    EQUAL CONSIDERATION.

Equal consideration will be given to persons within the system for any position open in the Beverly Public Schools.

4.    RIGHT TO REQUEST TRANSFER.

A transfer is defined as movement of a member from building to building. The Superintendent and the Association recognize that some transfer of members may be desirable and/or necessary. It is also recognized that frequent transfer of teachers could be disruptive to the educational process. Therefore they agree to the following:

A.   A member with professional status or one who has been recommended for re-election shall have the right to request transfer to another grade, subject, or school in Beverly where an opening exists for which he/she is certified. A notice of vacancies for the following September shall be posted at the end of each year.

B.   All requests will be acknowledged in writing within thirty (30) days after receipt of the member's request

ARTICLE XIII - VACANCIES

1.    DAY SCHOOL.

Equal consideration will be given to persons within the system for any position open in the Beverly Public Schools.

2.    SUMMER AND EVENING SCHOOL.

In filling summer school and/or evening school positions, preference will be given to members employed in the Beverly Public Schools if all other qualifications are equal. All openings for summer school positions will be adequately publicized as early as possible.

ARTICLE XIV – PROTECTION

Members will be protected by Section 13 of Chapter 258 of the General Laws - (indemnification clause).

ARTICLE XV - PERSONNEL RECORDS

In recognition of the Committee's obligation under Chapter 71, Section 42C, Unit A members shall have the right, upon written request and by appointment, to inspect the contents of their personnel folder and to make copies of such contents and records contained therein as concern their work or themselves. The Unit A member will be entitled to have a representative of the Association accompany him/her during such inspection.

No material shall be placed in a member's personnel file until the member has had the opportunity to review the material. The member's signature indicates that the member has had the opportunity to review the material but does not necessarily agree with the material. The members will be entitled to attach a rebuttal to any material placed in his/her personnel file.

Members will be notified of any complaint deemed serious enough to be investigated and will be provided the reasons for the investigation in writing. This notification letter will not be placed in the member's personnel file. The member will be given the opportunity to be heard with Association representation before final action is taken and/or any material is placed in the personnel file. Investigations and discipline information will be held in confidence to the extent permitted by law.

In the case of any complaints of substance regarding a professional staff member made to any official of the School Department, the complainant shall be referred to the staff member's immediate supervisor. The member against whom the complaint has been filed will be notified of the complaint. No member will be reprimanded because of a complaint from a parent, student or any other person outside the administration without the right to present his/her case or viewpoint.

Any decisions, which result in discipline, will be subject to the grievance procedure.

ARTICLE XVI - IN-SERVICE TRAINING - COURSES

1.    IN-SERVICE TRAINING.

If it is determined by the Superintendent or the Committee that in-service training is desirable, members will be required to attend such workshops or sessions.

2.    COURSES.

Members required to take courses by the administration will receive full reimbursement for said courses.

ARTICLEXVII - MENTOR

1.  MENTORING.

Members are required to participate in the district's induction program during their first and second years of employment

2.   MENTOR ASSIGNMENT

Mentor positions will be posted. Whenever possible, mentors should be matched with a first year member based on assignment (grade level and/or content). Principals along with the Mentor

Program Leaders will hire the mentors.

Mentors will be members who have professional status.

Mentors will be paid a stipend of $500.00 per year. If the member mentors two members the stipend will be $1,000.

Mentors will receive 15 professional development points each year the member is a mentor as stated in the Massachusetts Department of Education recertification guidelines.

Mentors will sign up on My Learning Plan.

Mentors will keep a log of 15 hours on My Learning Plan.

Mentors will attend a training session with the Mentor Program Leaders.

Mentors will also attend one of the sessions with the mentees during the induction program to be determined by the Mentor Program Leaders.

ARTICLE XVIII - ASSOCIATION PRIVILEGES

1.    IN-SCHOOL MAIL SERVICE.

The Association shall have the right to the reasonable use of the in-school mail service and the bulletin boards in the teachers' room in the different schools in Beverly.

2.    MEETINGS.

The Association shall be granted the privilege of holding meetings within the school buildings upon application to the Superintendent's Office when not in conflict with other scheduled events, without cost to the Association. The Association is responsible for custodial services after hours.

3.    ACCESS TO RECORDS.

The Association will be allowed access to records and will be furnished any information of a non-confidential matter which it requests. Such information shall not include any which would require special tabulation on the part of school administration personnel.

4.    SCHOOL COMMITTEE AGENDA AND MINUTES.

The Association will be furnished an agenda for each Committee meeting prior to such meeting and a copy of the minutes of each open meeting as soon as possible after the meeting. Copies of such minutes will also be posted on the District web site.

5.   LEAVE OF ABSENCE FOR THE ASSOCIATION PRESIDENT.

The President of the Beverly Teachers Association shall be a half time release position, subject to the provisions of this section. The district assignment for the President shall be negotiated and shall be consistent with the individual's experience and professional license. The specific role shall be defined in a side letter of agreement. The President shall continue to be treated as a regular bargaining unit member with full benefits. The Superintendent shall employ a replacement teacher for the President. The Association shall reimburse the Beverly Public Schools, in a timely manner, half the President's annual salary. This language provision contains a sunset provision and expires on August 31, 2014 unless renewed by both parties.

ARTICLE XIX - ACADEMIC FREEDOM

1.    ADJUSTMENTS.

In the interests of improving effectiveness, member shall be encouraged with the approval of the principal to make informal adjustments of their teaching programs by exchanging classes, combining classes, or regrouping pupils within their classes for specific instructional purposes.

2.    SUPPLEMENTARY TEACHING MATERIALS.

Members may use any supplementary teaching materials which they consider useful, provided such materials are not of obscene nature and likewise provided that such materials are not used to teach a particular creed or ideology. In any question of suitability, national recognized authorities such as the American Library Association, The National Council of Teachers of English, and the National Council for the Social Studies shall be consulted.

ARTICLE XX - PAYROLL DEDUCTIONS

1.    GENERAL LAWS.

The Committee hereby accepts the provision of Section 17C of Chapter 180 of the General Laws of Massachusetts, and, in accordance therewith, shall certify to the Treasurer of Beverly all payroll deductions for payment of dues to the Association duly authorized by the employees covered by this Contract, as shown on the payroll deduction authorization form attached hereto, and made a part hereof.

2.    INDEMNIFICATION.

The Association shall indemnify and save the Committee and/or the City of Beverly harmless against all claims, demands, suits, or any other form of liability whatsoever which may arise by reason of any action taken in making deductions and remitting the same to the Association pursuant to this section.

3.    DEDUCTION REQUESTS.

Presently employed members planning to request deductions which are to become effective on the first payment of the school year must do so by June 15 in writing to the Superintendent's Office.

4.   TERMINATION OF DEDUCTIONS.

Written request to cease deductions, other than Association dues, must be made within fifteen (15) days in advance of the date on which the payment is to stop.

5.   ADDITIONAL DEDUCTIONS.

The Committee agrees that payroll deductions, in addition to the Association dues deduction, will be made, after consultation with the City Treasurer and the Superintendent's Office, if it is deemed mechanically possible.

ARTICLE XXI - INSURANCE

Health Insurance for all City of Beverly employees, including all School Department employees governed by this collective bargaining agreement, is provided pursuant to the terms of the MUNICIPAL HEALTH INSURANCE AGREEMENT between the City of Beverly and the Public Employee Committee dated January 10, 2012.

ARTICLE XXII - REDUCTION IN FORCE

1.    GENERAL

A.   Teachers in the elementary level shall be divided into two groups as follows: (1) those with eight (8) years or more seniority, and (2) those with fewer than eight (8) years seniority. In the event of a R.I.F. at the elementary level, the reduction shall first be made within Group (2). The applicable standard shall be that set forth in Article XXI 2 B (1). In the event the R.I.F. exceeds the number of teachers in Group (2), the reduction shall then be made in Group (1) in accordance with straight seniority, i.e. a teacher with the least seniority shall be reduced before a teacher with more seniority.

B.   The same rules shall be applicable at the secondary level as at the elementary level ONLY the divisions shall be within each discipline. For example, all French teachers with (8) years or more of seniority shall be one group and all with fewer than eight (8) years shall be in another group.

C.   The same rules shall be applicable within each separate K -12 specialist grouping. For example, all K - 12 Reading teachers with eight (8) years or more of seniority shall be one group and all with fewer than (8) years shall be another group.

D.   In the event of equal seniority within the applicable "group 1", the following tie breakers shall be applicable:

(1)  Teachers with the greater total years of regular full-time teaching experience shall be deemed more senior.

(2)  If factor 1 is equal, teachers with higher degree and credit status in the subject area involved shall be deemed more senior.

(3)  If factor 2 is equal, teachers with the higher degree and credit status in any subject shall be deemed more senior.

2.    DEFINITION.

The following rules shall apply in the determination of which teachers are to be dismissed in the event a reduction in the number of teachers is deemed advisable by the Committee (including, without limitation a dismissal under M.G.L. Chapter 71, Section 42, whenever an actual decrease in the number of pupils in the schools of the City renders such action advisable).

A.   Teachers with professional teacher status shall not be dismissed if there is a teacher without professional teacher status whose position the teacher with professional teacher status is qualified to fill.

B.   The Superintendent shall determine which teachers with professional status shall be dismissed in accordance with the following rules:

(1) Professional Status Teachers with the least amount of seniority shall be dismissed first provided that such teachers may be retained by the Superintendent over more senior teachers based upon an analysis of the following factors: (a) need; (b) quality and quantity of performance by the teacher of his/her duties and responsibilities; (c) educational background; (d) experience; (e) nature and diversity of certification; (f) total contribution to the Beverly Public School System and the needs of its students; and (g) professional achievement and activities.

 (2)  Seniority as used herein shall mean length of continuous service in the Beverly School System. In the event of equal seniority, total years of regular full-time teaching experience shall govern. The following rules shall be applicable in determining continuity of service for the purpose of this ARTICLE:

a.   An authorized leave of absence shall not destroy continuity of service. Such time, however, shall not be credited as time served, except as hereinafter.

b.   A sabbatical leave of absence shall be credited as time served.

(3)  The Superintendent may assign whatever weight it desires to the aforementioned criteria provided its decision is based on said criteria. It is recognized, however, that the Superintendent need not review all of said criteria. For example, a teacher's evaluations may be such (negative) that a review of the other criteria could not offset such evaluations.

3.    REDUCTION IN FORCE PROCEDURE.

(Applicable to Professional Teacher Status Teachers Only)

A.   Secondary Level (6-12)

The first step in a reduction in force should be to determine which professional teacher status teachers are excess. This initial determination, under normal circumstances, will be based upon the needs of the system. For example, if there are four (4) French teachers and the Superintendent determines it needs only three (3) French teachers, the Superintendent shall determine pursuant to Section 2 B, which French teacher is excess. The second step shall be to determine whether there are any other positions at the secondary level which the excess French teacher is qualified to fill. If so, the excess teacher and the teachers in said position shall then be reviewed, in accordance with Section 2 B, (factors (f) and (g) shall not be applicable, however) to determine which teacher is excess. In the event a "new" teacher is declared excess in the second step, the same process shall then be applied to this teacher.

B.   Elementary Level (Pre-K-5)

The Section 2 B rules shall apply to K - 6 as a separate grouping.

C.   Specialists

The Section 2 B rules shall apply to each of the following K - 12 specialist positions as separate groupings.

Reading             Physical Education

Art                     Each special service by certification

Music

Excess Specialist Teachers who are qualified to fill other positions in other groups shall then be reviewed, in accordance with Section 2 B (factors (f) and (g) shall not be applicable, however), with such other teachers to determine which teacher is excess.   In the event a "new" teacher is declared excess in this step, the same process shall then be applied to this teacher in the applicable grouping, i.e., if an elementary (K - 5 teacher, at the elementary level, if a secondary (6 - 12) teacher at the secondary level, if a K - 12 specialists, as above provided.

4.    NOTIFICATION-OPTION - STANDARD OF REVIEW.

A.   The Superintendent, in the event of a contemplated reduction in force, will advise the Association as to which Professional Teacher Status members she/he intends to dismiss, hereinafter sometimes called "affected members)." The Association and the "affected member(s)," upon receipt of such notification, shall have the right, upon request made to the Superintendent within five (5) school days of such notification, to meet and confer with the Superintendent concerning his proposed recommendations, which meeting shall take place within ten (10) school days of the Superintendent's receipt of the Association's and/or affected teacher's written request

B.   The Association, within five (5) school days of the meeting with the Superintendent, shall advise the Superintendent, in writing, as to whether they agree or disagree with the Superintendent's decision under the standards set forth in Section 4D of this Article. In the event of disagreement, the specific reasons shall be set forth.

C.   The affected member will be granted the following options:

(1)  To elect an unpaid leave of absence status, in lieu of the dismissal, without challenge of the Superintendent's recommendation. The leave of absence shall be for the length of the member's recall rights, infra. Upon expiration of the member's recall rights, the member shall be considered to have resigned. A resignation, subject to the conditions outlined herein, and in the form attached hereto as Exhibit A, shall be filed with the notice of this election.

(2)  To elect an unpaid leave of absence status, in lieu of the dismissal, subject to challenge of the Superintendent's recommendation under the provision of this Article. The specific reasons for challenge must be filed with this notice of election. The leave of absence provided hereunder shall be subject to the same terms and conditions set forth in Section 4C (1) above, except that this leave will be granted, subject to challenge as above outlined.

(3)  The exercise of either option 4C (1) or 4C (2) shall be subject to the affected member waiving his or her M.G.L Chapter 32 and M.G.L. Chapter 71 rights. The option must be exercised within ten (10) days following the aforesaid meeting with the Superintendent and must be on the form attached to this Agreement as Exhibit A (1) and (2).

D.   In the event the affected member elects option C (2) the following rules shall be applicable.

(1)  The affected member shall be given the opportunity to challenge the Superintendent's dismissal.

(2)  In the event the Superintendent and the affected member(s) and the Association fail to satisfactorily resolve the dispute concerning the Superintendent's decision within ten (10) days after the meeting with the Superintendent, the parties shall attempt to agree upon the selection of an arbitrator. Such arbitrator must be able to hold a hearing within thirty (30) days of his/her selection and render a decision within thirty (30) days of the hearing. If the parties cannot agree upon an arbitrator, the arbitrator shall be selected under the Voluntary Labor Arbitration rules of the American Arbitration Association. Such arbitrator must also be able to hold a hearing and render a decision within the time constraints set forth immediately.

(3)  In the event the Associations joins in the affected member's election to proceed under this Article, then the costs of the arbitration proceeding shall be shared equally between the Committee and the Association with each party bearing the expenses of preparing and presenting its own case. But if the Association does not join the affected member's election to proceed under this Article, then the costs of the arbitration proceeding shall be shared equally between the Committee and the affected member with such parties bearing the expense of preparing and presenting its own case. The fact that the Association does not join in the affected member's election to proceed under the Article shall not bar the affected member's election to proceeding to arbitration, anything contained in this Agreement to the contrary notwithstanding. The Association shall not have the right to proceed to arbitration alone.

(4)  The standard of review of the Superintendent's determination under Section 2B shall be whether the Superintendent was arbitrary or capricious in making his/her determination. The arbitrator shall not substitute his/her judgment for that of the Superintendent Any dismissal or leave of absence taken under this Article in accordance with seniority shall not be arbitrable.

5.   RECALL.

A.   A professional member status teacher who elects one of the options under Section 4C of this Article or who does not contest his/her dismissal under M.G.L. Chapter 32 and/or Chapter 71 and who so notifies the Committee of this fact within ten (10) days of his/her receipt of notice of hearing, shall have recall rights, as hereinafter provided, for three (3) years from the member's last day of teaching. Vacancies to which appointment are made within said three (3) year period but which teaching actually commences after said three (3) year period shall not be considered within the teacher's recall period.

B.   In filling positions which become vacant on other than a temporary basis whenever professional member status teachers have recall rights under this Article, such vacancies shall be filled in the following manner

(1)  No new teacher shall be hired for a position when there is a member with recall rights, who, in the judgment of the Superintendent, is qualified to fill such position.

(2)  As among professional teacher status members with recall rights, the Superintendent shall recall in accordance with the rules set forth in Section 2B supra.

C.   Recall notices shall be sent by certified or registered mail to the dismissed member's or leave of absence member's as the case may be, last known address, with a copy of such notice being sent to the Association. The recalled member shall have two (2) weeks after receipt of the notice to accept the recall. In the event the recalled member does not accept the recall, all recall rights shall terminate.

D.   If the Association feels that Section 5, Paragraph B of this Article has been violated, it must so notify the Superintendent in writing within five (5) days of the date it receives a copy of the notice to the person recalled. If the dispute is not resolved within five (5) days thereafter, the Association may appeal to the Committee in writing. If the dispute is not resolved within fourteen (14) school days after the appeal is received by the Committee, the Association may seek arbitration pursuant to the procedure set forth in Section 4D of the Article. The standard of review in arbitration shall be as set forth in Section 4D (4) of this Article.

E.   Professional member status teachers who elect one of the options under Section 4C of this Article or who do not contest their dismissal under M.G.L. Chapter 32 and/or 71 and who so notify the Committee of this fact within ten (10) days of their receipt of notice of hearing, shall be entitled to retain their group membership in the City of Beverly group insurance plans, subject to the terms and conditions thereof, provided:

(1)  They pay 100% of the premium cost, and

(2)  The applicable carrier(s) does (do) not prohibit such inclusion.

The right of continued participation as provided in this paragraph shall continue for the duration of their recall rights.

F.   A professional  status member recalled under this Article shall have all of the benefits to which he/she was entitled prior to his/her leave of absence or dismissal, as the case may be, including accumulated sick leave and shall be placed one step higher on the salary schedule (unless previously on maximum) than he/she previously occupied upon receipt of notice of termination or exercise of option, as the case may be, provided he/she would have advanced to such step had he/she not been terminated or gone on a leave of absence, as the case may be. Seniority shall not accumulate during the period of time a member is entitled to recall rights.

G.   Professional  status members electing a leave of absence under this Article shall have the option of having the BC/BS paid (75% City, 25% teacher) through August 31st next following the school year in which notice of dismissal is given provided the "RIF" is not effective prior to the end of said school year.

ARTICLE XXIII - GENERAL

1.   JPDC.

The professional development and in-service offerings in the Beverly Public Schools shall be approved, evaluated and implemented by a Joint Professional Development Committee (JPDC). It shall be the goal of this committee to ensure that there are sufficient in-service offerings to allow members to gain in-service credit as well as a no-cost way to re-certify. The Joint Professional

Development Committee (JPDC) will continue as the planning group for the Beverly Public Schools Professional Development Incentive Program. JPDC will utilize the following organizational structure: President of the Beverly Teachers Association (BTA) and four (4) members named by him/her; Superintendent of Schools and four (4) members named by him/her; BTA to name chairperson. Should the committee have a tie vote, it will select an impartial person agreeable to the majority of its members to break the tie. See Appendix F.

2.    MUTUAL CONCERNS COMMITTEE.

The Committee and the Association agree that a Mutual Concerns Committee shall be established consisting of five (5) members chosen by the Association and five (5) members by the Committee.

The following procedures shall govern the Mutual Concerns Committee:

A.   It will meet four (4) times per year, twice in each semester.

B.   There will be a mutual exchange of agenda at least one (1) week previous to the meeting date on which priorities will be listed as to their order of importance.

C.   There shall be a time limit established by the Mutual Concerns Committee for the length of each meeting.

D.   Items on the agenda will be discussed alternately, the first item on each agenda to be the first two items for discussion. The Committee's number one priority shall be the first item on the agenda for the initial meeting. The Association shall be given preference at the second meeting, etc.

E.   If all items on both agendas are not discussed at a particular meeting, another meeting shall be scheduled within two (2) weeks for the purpose of completing the discussion of all items.

F.   There shall be a chairman on an alternating basis beginning with the Committee.

3.    INVALIDITY.

If any provisions of this Agreement shall be held invalid by any court of competent jurisdiction, such other provisions as may not be affected thereby shall remain in force and effect. In the event any provision is found invalid as aforementioned, the parties shall meet in an attempt to renegotiate in conformity with law.

4.    NO STRIKE PROVISION.

No employee covered by this Agreement shall engage in any strike, work stoppage, slowdown or withholding of services.

5.    TIME AND LEARNING ISSUES.

The parties recognize that notwithstanding the existence of this Agreement, implementation of the requirements of the so-called Education Reform Law may create the obligation to negotiate during the term of this Agreement.

6.    ASSAULT AND BATTERY.

Employees covered by this Agreement shall report any instance of assault and/or assault and battery suffered by them to the principal of the building or other administrator in charge of the location of the event and the Superintendent. All such instances shall be reported to the police and the school system shall cooperate with the police and employee in the prosecution or resolution of the matter. (This cooperation shall include, but not be limited to, providing the employee with any information which the system has concerning the event.)

7.   EARLY CHILDHOOD TUITION BENEFIT.

A.   The benefit of reduced preschool and kindergarten tuition is available to all full-time-employees of BPS who are also Beverly residents and who have been in our employ for at least one full year.

B.   This benefit is applicable only for the children of such employees.

C.   The tuition benefit for preschool is 50% of the annual tuition set by the School Committee. The tuition benefit for kindergarten is 100% of the annual tuition.

D.   For the purposes of this benefit, full time employment is determined to be a minimum of 28 hours per week and an FTE of 1.0.

E.   Exceptions to the above criteria for significant extenuating circumstances will be considered on a case-by-case basis at the discretion of the Superintendent of Schools.

F.   Children enrolled in the program when this agreement is ratified shall be grandfathered in the program.

ARTICLE XXIV - RETIREMENT YEAR AND RETIREMENT PLAN

1.   Any member who retires with the following years of service in the Beverly Public Schools shall be paid, in a lump sum, at the conclusion of their retirement year (June) the following amount provided (i) irrevocable notice of retirement was given by April 15th on the school year preceding the retirement year and (ii) the member retired pursuant to the Massachusetts Retirement System. For a retirement effective June 30th the notice of retirement becomes irrevocable on October 31st of the same school year. Eligibility for the payment referred to below is contingent upon the member retiring at the end of the school year or in the case of the elementary member on January 1 and in the case of the secondary members the end of the first semester.

Years of Service In the Beverly Public Schools

Amount

20 or more years

$1,000

25 or more years

$2,000

27 or more years

$3,000

2.   The irrevocable notice of retirement may be rescinded only for one of the following good causes:

a.    Catastrophic events such as fire, bankruptcy or the like.

b.    Death of a spouse or child.

c.    Changes in dependent care status, increasing the number of dependents (parent, sibling, child, grandchild).

d.    Change in marital status.

An employee who rescinds the notice of early retirement in accordance with subsection 3 will be required to return the School Committee 403B contribution within thirty (30) days of the notice of rescission.

ARTICLE XXV - JUST CAUSE

No member with professional status shall be suspended or dismissed for disciplinary reasons without just cause. In the event that a member is dismissed, the process for appeal shall be determined by statute and/or regulation of the Department of Education if such process exists. The dismissal procedures afforded by statute and/or regulation shall be the sole remedy available to the teacher. If no procedures exist, then the "just cause" review shall be consistent with the rules of the American Arbitration Association.

In the event that a member with professional status is suspended, the member may elect to proceed under the provisions of this article or elect statutory and/or regulatory review of the suspension. The member must elect either the contract or statutory review as the sole remedy no later than five days after receipt of notice of suspension.

ARTICLE XXVI - ESTABLISHMENT OF A 403B PLAN

1.   Effective September 1, 2002 the employer will annually match the first two hundred and fifty dollars ($250) contributed by each employee. A bargaining unit member wishing to participate in the program must notify the Superintendent in writing no later than the April 15th preceding the first year of participation. Each member must contribute the full amount to be eligible for this contribution. The School Committee will not be responsible for any administrative costs relating to this program and the only legal responsibility relating to the 403B Plan will be to transmit the contribution to the appropriate vendor or vendors.

ARTICLE XXVII -AGENCY FEE

A member of the bargaining unit who is not a member of the Association shall be required to pay an agency service fee to the Association. The fee shall be set pursuant to law and the regulations of the Massachusetts State Labor Relations Commission, and the Association shall establish a rebate procedure in accordance with the law and such regulations. The fee shall be due on or after the thirteenth (13) day following the bargaining of employment or the effective date of this Agreement, whichever is later. If a member of the bargaining unit has a conscientious objection to paying the fee, the teacher may instead pay an amount, equal to the fee, to the Beverly Teachers' Association Scholarship Fund, to be granted to graduates of Beverly High School in accordance with the terms of the fund. If a member of the bargaining unit does not pay the fee or scholarship fund contribution or challenge the fee before the Massachusetts State Labor Relations Commission, the Association shall institute court action against the employee to collect the fee. The Committee shall not be responsible in any way for the implementation, collection or enforcement of this fee and the Association agrees to assume responsibility for any legal expenses incurred.

ARTICLE XXVIII - DURATION

This agreement shall become effective September 1, 2014, except as otherwise provided herein, and shall expire on August 31, 2017, except as otherwise provided herein. Negotiations for a successor agreement shall begin no later than thirty (30) days, but in no event earlier than November 1, 2016, after written notice by either party of its desire to commence negotiations for a successor agreement. The Committee and the Association, by the receipt of said notice, shall make mutually satisfactory arrangement to engage in negotiations for a successor agreement

IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their agents hereunto duly authorized and their seals to be affixed hereto as of the date first above written.

BEVERLY SCHOOL COMMITTER                              BEVERLY TEACHERS

By________________________                                   ___________________________

___________________________                                 ___________________________

___________________________                                 ___________________________

___________________________                                 ___________________________

___________________________                                 ___________________________

Dated:_____________________                                   Dated:______________________

APPENDIX A - Unit A SALARY SCHEDULE

1.    GENERAL

A. SALARY SCHEDULE COLUMNS AND REQUIREMENTS THEREOF

BACHELOR     Bachelor's Degree or Vocational School or Industrial Arts Instructors.

BACH.+15        Bachelor's Degree plus fifteen (15) hours graduate credit toward Master's Degree or Vocational School equivalency.

MASTER           Master's Degree or Vocational School equivalency.

MASTER+15    Master's Degree plus fifteen (15) hours of graduate credit and/or Vocational

School equivalency. These graduate course credits must have been earned with a grade of B or better. These credits must have been earned (a) from an institution accredited by the New England Association of Secondary Schools and Colleges with prior approval of the Superintendent; or (b) through courses offered under the auspices of the Beverly Public Schools Professional Development Incentive Program. See Appendix F.

MASTER+30    Master's Degree plus thirty (30) hours of graduate credit or Vocational School equivalency. These graduate course credits must have been earned with a grade of B or better. These credits must have been earned (a) from an institution accredited by the New England Association of Secondary Schools and Colleges with prior approval of the Superintendent; or (b) through courses offered under the auspices of the Beverly Public Schools Professional Development Incentive Program. See Appendix F.

MASTER+45    Master's Degree plus forty-five (45) hours of graduate credit or Vocational School equivalency. These graduate course credits must have been earned with a grade of B or better. These credits must have been earned (a) from an institution accredited by the New England Association of Secondary Schools and Colleges with prior approval of the Superintendent; or (b) through courses offered under the auspices of the Beverly Public Schools Professional Development Incentive Program. See Appendix F. Eligibility for this column is limited to employees with 17 years experience with Beverly Public Schools.

MASTER+60    Master's Degree plus sixty (60) hours of graduate credit or Vocational School equivalency. These graduate course credits must have been earned with a grade of B or better. These credits must have been earned (a) from an institution accredited by the New England Association of Secondary Schools and Colleges with prior approval of the Superintendent; or (b) through courses offered under the auspices of the Beverly Public Schools Professional Development Incentive Program. See Appendix F.

B.   The per diem rate shall be 1/184th.

2.    GUIDANCE COUNSELORS, SCHOOL ADJUSTMENT COUNSELORS, SCHOOL PSYCHOLOGISTS AND TEAM CHAIRPERSONS.

Anything contained in this Agreement to the contrary notwithstanding, the following shall govern the salaries of Guidance Counselors, School Adjustment Counselors, School Psychologists, and Team Chairpersons:

They shall be put on the Unite A salary schedule (in accordance with Article IV, 2, A) and shall receive in addition a per diem rate of the Unite A rate of pay based upon the number of additional days worked. Said per diem shall be based upon a work year of 184 days.

3.   SALARY SCHEDULE.

2014-2015

Salary

YEARS

 

 

 

 

 

 

 

SERVICE

B

B + 15

M

M+15

M + 30

M + 45

M + 60

1

40,374

41,903

44,312

46,337

48,354

0

52,376

2

42,578

44,276

46,820

48,245

51,086

0

55,335

3

44,853

46,632

49,327

51,584

53,467

0

58,305

4

47,054

48,920

51,738

54,110

56,452

0

61,146

5

49,325

51,283

54,246

56,732

59,193

0

64,104

6

51,607

53,646

56,746

59,346

61,920

0

67,062

7

53,885

56,022

59,259

61,971

64,652

0

70,023

8

56,054

58,269

61,638

64,471

67,264

0

72,851

9

58,352

60,627

64,135

67,087

69,986

0

75,792

10

60,708

63,101

66,744

69,805

72,827

0

78,855

11

63,698

66,093

69,734

72,797

75,819

78,838

81,857

2015-2016

 

 

 

 

 

 

 

 

YEARS

 

 

 

 

 

 

 

 

SERVICE

B

B + 15

M

M+15

M + 30

M + 45

M + 60

 

1

41,181

42,741

45,198

47,264

49,321

0

53,424

 

2

43,430

45,162

47,756

49,210

52,108

0

56,442

 

3

45,750

47,565

50,314

52,616

54,536

0

59,471

 

4

47,995

49,898

52,773

55,192

57,581

0

62,369

 

5

50,312

52,309

55,331

57,867

60,377

0

65,386

 

6

52,639

54,719

57,881

60,533

63,158

0

68,403

 

7

54,963

57,142

60,444

63,210

65,945

0

71,423

 

8

57,175

59,434

62,871

65,760

68,609

0

74,308

 

9

59,519

61,840

65,418

68,429

71,386

0

77,308

 

10

61,922

64,363

68,079

71,201

74,284

0

80,432

 

11

64,972

67,415

71,129

74,253

77,335

80,415

83,494

 

2016-2017 Salary

 

 

 

 

 

 

1%Split

 

 

 

 

(Day1-Day 90)

 

YEARS

 

 

 

 

 

 

 

 

SERVICE

B

B + 15

M

M+15

M +30

M+45

M + 60

 

1

41,593

43,168

45,650

47,736

49,814

0

53,958

 

2

43,864

45,613

48,234

49,702

52,629

0

57,006

 

3

46,208

48,040

50,817

53,142

55,082

0

60,066

 

4

48,475

50,397

53,300

55,744

58,157

0

62,993

 

5

50,815

52,832

55,884

58,445

60,981

0

66,040

 

6

53,166

55,266

58,460

61,138

63,790

0

69,087

 

7

55,512

57,714

61,049

63,843

66,604

0

72,138

 

8

57,747

60,029

63,499

66,418

69,295

0

75,051

 

9

60,114

62,458

66,072

69,113

72,100

0

78,081

 

10

62,541

65,007

68,760

71,913

75,026

0

81,236

 

11

65,622

68,089

71,840

74,995

78,109

81,219

84,329

 

2016-2017 Salary

 

 

 

 

 

1%Split

 

 

 

 

(Day 91 - Day 184)

YEARS

 

 

 

 

 

 

 

SERVICE

B

B + 15

M

M+15

M + 30

M+45

M + 60

1

42,009

43,600

46,107

48,214

50,312

0

54,497

2

44,302

46,069

48,716

50,199

53,155

0

57,576

3

46,670

48,521

51,325

53,673

55,633

0

60,666

4

48,960

50,901

53,833

56,302

58,738

0

63,623

5

51,323

53,360

56,443

59,030

61,590

0

66,700

6

53,697

55,819

59,044

61,750

64,428

0

69,778

7

56,067

58,291

61,659

64,481

67,271

0

72,859

8

58,324

60,629

64,134

67,082

69,988

0

75,802

9

60,715

63,083

66,733

69,804

72,821

0

78,862

10

63,167

65,657

69,447

72,632

75,777

0

82,049

11

66,278

68,770

72,558

75,745

78,890

82,031

85,172

2016-2017 Melded Salary (Revised 1.22.15)

YEARS

 

 

 

 

 

 

 

 

SERVICE

B

B + 15

M

M+15

M + 30

 

M +45

M + 60

1

41,806

43,389

45,883

47,980

50,069

0

0

54,233

2

44,088

45,846

48,480

49,956

52,898

0

0

57,297

3

46,444

48,286

51,076

53,413

55,363

0

0

60,373

4

48,723

50,655

53,573

56,029

58,454

0

0

63,314

5

51,074

53,102

56,170

58,744

61,292

0

0

66,377

6

53,437

55,548

58,758

61,451

64,116

0

0

69,440

7

55,796

58,009

61,361

64,169

66,945

0

0

72,506

8

58,042

60,335

63,824

66,757

69,649

0

0

75,435

9

60,421

62,777

66,409

69,466

72,468

0

0

78,480

10

62,861

65,339

69,111

72,280

75,410

0

0

81,651

11

65,957

68,437

72,207

75,379

78,508

0

81,634

84,760

4.    REMUNERATION FOR CURRICULUM WORK.

Unit A members will be remunerated for approved curriculum work at following rates

$25 per hour-Bachelor's Degree

$30 per hour-Master's Degree

$35 per hour-Master's Degree + 30 credits

5.  COMPENSATION FOR MOVING CLASROOMS.

1.  Unit A members approved for compensation are compensated as follows:

a. Packing       $100

b. Unpacking   $100

c. Setup           $ 80

2. Unit A members approved for compensation include those who are assigned to another building or who are directed by their Principal to move to another classroom/space in the same building requiring a significant move of instructional materials.

3.  Pre-approval of this compensation by both the Building Principal and Director of Finance and Operations is required.

4. Packing, unpacking and/or setup activities must be conducted outside the normal workday.

APPENDIX B - NURSES SALARY SCHEDULE

1.    NURSES PROFESSIONAL RESPONSIBILITIES.

The nurses are expected to fulfill all professional responsibilities as required for Unit A members. The following provisions shall be applicable to the Nurses:

Preamble, Article I; II; III; IV; VI6,7; VII; VII11; 2A, 2CIX; X; XI; XII; XIII; XIV; XV; XVI; XVII; XVIII; XIX; XX; XXI (Nurses form separate category); XXII; XXIII; XXIV; XXV; XXVI; XXVII.

2.    NURSES WITH BACHELOR'S DEGREE.

Nurses who are assigned teaching responsibilities and who possess at least a Bachelor's degree will progress through the teachers' salary schedule.

SALARY SCHEDULE FOR NURSES WITH BACHELOR'S DEGREE (SEE APPENDIX A3)

3. SALARY SCHEDULE FOR NON-BACHELOR DEGREE NURSES

YEARS

SERVICE

 

 

2016-17 (Day1-90)

2016-17 (Day 91-184)

2016-17 Mended Rate

2014-15

2015-16

1

33,913

34,591

34,937

35,287

35,116

2

35,765

36,480

36,845

37,214

37,034

3

37,677

38,431

38,815

39,203

39,013

4

39,525

40,316

40,719

41,126

40,927

5

41,433

42,262

42,684

43,111

42,903

6

43,350

44,217

44,659

45,106

44,887

7

45,263

46,168

46,630

47,096

46,868

8

47,086

48,028

48,508

48,993

48,756

9

49,015

49,995

50,495

51,000

50,753

APPENDIX C - SALARY SCHEDULE FOR CERTIFIED OCCUPATIONAL THERAPY ASSISTANT (COTA), PHYSICAL THERAPY ASSISTANT (PTA), AND SPEECH THERAPY ASSISTANT (STA)

1.    PROFESSIONAL RESPONSIBILITIES.

The COTA's, PTA's and STA's are expected to fulfill all professional responsibilities as required for Unit A members. The following provisions shall be applicable:

Preamble, Article I; II; III; IV; VI6, 7; VII; VII11; 2A, 2C IX; X; XI; XII; XIII; XIV; XV; XVI; XVII; XVIII; XIX; XX; XXI; XXII; XXIII; XXIV; XXV; XXVI; XXVII.

2.  SALARY SCHEDULE FOR COTA, PTA AND STA

YEARS SERVICE

2014-15

2015-16

2016-17 (Day 1-90)

2016-17 (Day 91-184)

2016-17 Mended Rate

1

29,150

29,733

30,030

30,331

30,183

2

30,741

31,356

31,669

31,986

31,831

3

32,384

33,032

33,362

33,696

33,532

4

33,974

34,653

35,000

35,350

35,179

5

35,613

36,325

36,689

37,055

36,876

6

37,260

38,005

38,385

38,769

38,581

7

38,905

39,683

40,080

40,481

40,285

8

40,472

41,281

41,694

42,111

41,907

9

42,130

42,973

43,402

43,836

43,624

APPENDIX D - EXTRACURRICULAR SALARIES

Position

Stipend

 

2014-2015

2015-2016

2016-2017

High School Advisors

 

 

 

Yearbook Advisor

3,543

3,614

3.668

Senior Class Advisor

3,102

3,164

3.212

Junior Class Advisor

1,633

1,666

1.691

Sophomore Class Advisor

1,307

1,333

1,353

Freshman Class Advisor

1,307

1,333

1,353

Ledger Advisor

2,074

2,115

2,147

Student Council Advisor

1,307

1,333

1,353

Math Team Advisor

1,143

1.166

1.183

Science Team Advisor

1,143

1.166

1.183

AEGIS Advisor

1,307

1,333

1.353

National Honor Society

1.910

1,948

1.977

BHS Treasurer

1,143

1,166

1.183

Marching Band

3,756

3,831

3,889

Drill Instructor

1,903

1,941

1.970

Color Guard Director

2.250

2,295

2.329

Percussion Instructor

2,250

2,295

2.329

Fall Play Director

2,124

2.166

2,199

Music Director

1,307

1,333

1,353

Choreographer

1,469

1.498

1,521

Spring Musical Director

3,102

3,164

3,212

Drama Festival Director

1,143

1,166

1,183

Graduation Coordinator

1,633

1.666

1,691

Key Club

1,102

1.124

1,141

Gay / Straight Alliance

1,102

1.124

1,141

Model U. N.

2,074

2.115

2.147

DECA

2,074

2.115

2.147

Best Buddies

1,102

1.124

1.141

Technology Integration Specialist

4,848

4,945

5,019

Peer Leader / ADL Advisor

1,830

1,867

1.895

Middle School Advisors

 

 

 

Yearbook

2,252

2,297

2.331

Math Team

1,689

1,723

1.749

Drama/Musical Director

1,464

1,493

1.516

Choreographer

788

804

816

Music Director

1,127

1,150

1,167

Student Council

2,252

2,297

2,331

National Honor Society

1,577

1,609

1.633

Chess

933

952

966

Intramurals

2,816

2,872

2,915

Peer Leader / ADL Advisor

1,830

1,867

1,895

Community Service

1.102

1.124

1,141

Writers' Club

933

952

966

Robotics Club

1,292

1.318

1.338

MS Jazz Band

1,325

1,351

1,379

Elementary Advisors

 

 

 

Band Director

1,325

1.352

1.372

Strings Director

1,325

1.352

1,372

Members of the bargaining unit who chaperone the overnight trips for Grade 8 (end-of-year) and Nature's Classroom shall be paid an amount of $100 for each overnight stay.

APPENDIX E - COACHES SALARIES

SPORT

2014-15

HEAD COACHES

STEP1

STEP 2

STEP 3

STEP 4

Football

9,332

9,617

9,617

9,617

Cross Country

1,824

2,119

2,214

2,966

Soccer

3,955

4,252

4,406

5,589

Sailing

3,660

3,660

3,660

3,660

Field Hockey

3,955

4,252

4,406

5,589

Cheering

1,407

1,553

1,598

1,920

Tennis

1,824

2,119

2,214

2,966

Golf

1.824

2,119

2,214

2,966

Basketball

4,256

4,546

4,756

6,386

Hockey

4,256

4,546

4,756

6,386

Indoor Track

2,346

2,642

2.762

3,708

Swimming

2,119

2,420

2,531

3,384

Baseball

4,280

4,585

4,788

6,397

Softball

4,280

4,585

4,788

6,397

Spring Track

2,346

2,642

2,762

3,708

 

SPORT

2015-16

HEAD COACHES

STEP 1

STEP 2

STEP 3

STEP 4

Football

9,519

9,809

9,809

9,809

Cross Country

1,860

2,161

2,259

3,025

Soccer

4,034

4,337

4,495

5,700

Sailing

3,733

3,733

3,733

3,733

Field Hockey

4,034

4,337

4,495

5,700

Cheering

1,435

1,585

1,630

1,958

Tennis

1,860

2,161

2,259

3,025

Golf

1,860

2,161

2,259

3,025

Basketball

4,342

4,637

4,851

6,514

Hockey

4,342

4,637

4,851

6,514

Indoor Track

2,393

2,695

2,817

3,782

Swimming

2,161

2,469

2,581

3,452

Baseball

4,366

4,677

4,884

6,525

Softball

4,366

4,677

4,884

6.525

Spring Track

2,393

2,695

2,817

3,782

 

SPORT

2016-17

HEAD COACHES

STEP 1

STEP 2

STEP 3

STEP 4

Football

9,661

9,956

9,956

9,956

Cross Country

1,888

2,193

2,293

3,071

Soccer

4,094

4,402

4,562

5,786

Sailing

3,789

3,789

3,789

3,789

Field Hockey

4,094

4,402

4,562

5,786

Cheering

1.456

1,608

1,655

1,987

Tennis

1,888

2.193

2,293

3,071

Golf

1,888

2,193

2,293

3,071

Basketball

4,407

4,707

4.924

6,612

Hockey

4.407

4,707

4,924

6,612

Indoor Track

2.429

2,735

2,860

3,839

Swimming

2,193

2,506

2.62

3,504

Baseball

4,431

4,747

4,957

6,623

Softball

4,431

4,747

4,957

6,623

Spring Track

2,429

2,735

2,860

3,839

 

APPENDIX F - PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM

The District will budget the sum of $60,000 to be used as stipends for graduate course work for Unit A members who are at the Masters plus 60 column of the salary schedule. The stipend is paid only during the contract year in which the course is completed.  The maximum remuneration for each credit will be $333. Each eligible member must submit an application through My Learning Plan no later than one week prior to the start of the program. If the pool is depleted, the member will be paid the following year. Members will be paid within one month of submitting the official course grade* with a description of how the professional development will improve instruction or how it will be shared with colleagues, i.e. submit a lesson plan/unit developed during the course, share with grade level a teaching strategy learned during the professional development course.

*if the grade is submitted between June 1st and September 1st the teacher will be paid by September 30th.

Unit A members who are at the Masters plus 60 column of the salary schedule may apply to engage in a program of continuing professional growth and/or service to the District by developing a professional development project with is submitted to and approved by a committee comprised of the Superintendent, Assistant Superintendent, BTA President and Vice President. This same committee will develop the procedures and application form to be completed and submitted as well as provide guidance to staff regarding the types of activities that would be considered for this stipend. The remuneration will be computed based on the comparable credit hours proposed for preparation and the implementation. The maximum remuneration for each comparable credit hour will be $333 with a maximum of $1000 per project

The Superintendent and Association President will resolve any disputes.

1.   ONLINE/DISTANCE LEARNING COURSES.

The following criteria would apply to all distance/online learning courses that are submitted for approval and subsequent movement on the salary scale:

•     The course must be offered through a regional accreditation institution (e.g. NEASC).

•     Pre-approval must be sought through the Superintendent/Assistant Superintendent before the member registers if he/she intends to utilize the course for movement on the salary scale and/or for earning professional development points.

•     The application for such course approval shall contain complete information substantiating the content, hours, and course requirements (syllabus). Course credit requirements will be compared to the DESE description of a graduate level course (1 graduate credit =15 hours) or the standard of a local college or university (e.g. Salem State University, Endicott College).

•     Course topics must be related to the Massachusetts Frameworks, Content Learning Standards, District Strategic Plan, an Individual Professional Development Plan (IPDP) or individual plans to prepare for a different district position within the Beverly Public Schools.

•     Course expectations must include a discussion and collaboration component with colleagues and/or fellow students.

•     Should any criteria violate Department of Elementary and Secondary Education regulations and/or state law, the parties shall meet to amend the criteria to comply with the regulations and/or statute.

APPENDIX G - COLUMN MOVES

1.  University or college credits used for column advancement must be approved by the Superintendent of Schools. This course approval shall not impede unit members seeking advanced degrees in education or recertification.

2. In order to move on the salary scale as a result of additional graduate credits, the member must notify the Superintendent in writing by December 1st for movement in the following school year. September 1 of each year will be the determinate date for credits (in terms of column advancement.)

APPENDIX H - MISCELLANEOUS

1.    FLEXIBLE SCHEDULING.

The Superintendent and the Association President may develop a mechanism for implementing flexible scheduling for high school teachers.

2.    ADDITIONAL STIPENDED POSITIONS.

A.     Effective September 1, 2003, the parties agree to amend the Collective Bargaining Agreement to include the positions of Equity Coordinator, Title I Coordinator, Kindergarten Grant Coordinator, K-6 Literacy Coordinator, K-6 Mathematics Coordinator, Consultant Teacher for Mentoring Beginning Teachers, Mentor Teacher, Webmaster (building), and Technology Specialist (building) as stipended positions in the Beverly Public Schools.

B.     Effective September 1, 2005, the parties agree to amend the Collective Bargaining Agreement to include the positions of Extended Day/Year Coordinator, Special Education Mentor Teacher and Peer Leader / ADL Advisor as stipended positions in the Beverly Public Schools.

C.    The stipended positions mentioned above in A and B are primarily funded through grants. As such the amounts are subject to funding levels which may vary from year. The parties recognize that this variation exists and that exact stipends will therefore be determined on an annual basis. Actual stipends for previous years are shown below to give some indication of stipend amounts.

Position

2014-2015

2015-2016

2016-2017

Equity Coordinator

200 - 2,050

200 - 2,050

200 - 2,050

Title I Coordinator

0

0

0

Kindergarten Grant Coordinator

0

0

0

K-6 Literacy Coordinator

Teacher salary (Unit A Salary Schedule) plus ten days at the employee's per diem rate

K-6 Mathematics Coordinator

Teacher salary (Unit A Salary plus Schedule) ten days at the employee's per diem rate

Mentor Teacher Leader

2,500

2,500

2,500

Mentor Teacher

500

500

500

Webmaster (building)

4,224

4,224

4,224

Technology Specialist (building)

0

0

0

Extended Day/Year Coordinator

0

0

0

Special Education Mentor Teacher

0

0

0

Peer Leader / ADL Advisor

1,794

1,794

1,794

Content Specialist

2,112

2,112

2,112

Curriculum Facilitator

3,169

3,169

3,169

Restraint Instructor

4,224

4,224

4,224

Related Services Coordinator

3,169

3,169

3,169

Homework Club

Ranges from $400 to $1,500depending upon scope of work.

Exhibit A

BEVERLY PUBLIC SCHOOLS

BEVERLY, MASSACHUSETTS

ABSENCE REPORT FORM

NAME_____________________________                _________________________Instructional

SCHOOL/DEPT. ____________________                  _________________________Non-Instructional

REASON

___________PERSONAL DAY (for imperative personal business which could not effectively be conducted outside of school hours)

Verification of requested leave:       _____________days available

Payroll Clerk______________        _____________days used

_________VACATION (where permitted by contract) Custodians & Clerks two weeks in advance.

_________PERSONAL ILLNESS (non-instructional staff only)

_________FAMILY ILLNESS (non-instructional staff only)

_________BEREAVEMENT LEAVE                            Relationship_________________

                                                                                                # of days:___________________

_________JURY DUTY (Please return receipt after you serve)

_________SUMMONS to court as a witness (MUST PROVIDE DOCUMENTATION)

_________ATTENDANCE at the marriage of a son/daughter, sibling, parent

(PLEASE CIRCLE ONE)

OTHER (subject to Superintendent's approval) please specify:

___________________________________________________________________________________

___________________________________________________________________________________

DATE(S) OF ABSENCE: __________________________________________

INSTRUCTIONAL: _________________________ (Number of Days)

NON-INSTRUCTIONAL: ____________________ (Number of Hours)

DAY(S) OF THE WEEK (circle)              M         T          W        TH          F

Employee Signature: ______________________________________Date:______________

Acknowledged by: __________________________________Date:_______________

Business Manager (Non-Instructional)                         Superintendent of Schools (Instructional)

________________________________                     ______________________________________