Beverly

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DistrictBeverly
Shared Contract District
Org Code300000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
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

Teachers-Unit A

September 1, 2011 -August 31, 2014

PREAMBLE

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made this first day of September, 2011 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 teachers, 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 teachers on the salary schedule, may grant, in his/her discretion, credit for prior appropriate and comparable teaching 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.

Teachers 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 teaching 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 teacher professional status.

4.    SALARY PAYMENTS.

C.   Teachers 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 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 five (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 VI 2B 1 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.

Teachers 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 teachers. 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 teachers 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.   WORKDAY.

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 teacher'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 teachers 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.   Teachers shall not be required to attend more than twenty (20) meetings a year.

H.   Teachers shall not be required to attend more than two (2) evening meetings each year.

I.    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 teachers 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 teacher 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 teacher work year. Said days shall be the three (3) days immediately following and five (5) days immediately preceding the teacher 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 teacher work year. Said days shall be the five (5) work days immediately preceding and the five (5) workdays immediately following the teacher 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 teacher 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 teacher 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)  Teacher uses said fifteen (15) sick leave days or any portion thereof and does not return to the system:

The teacher shall repay to the Committee an amount equal to the amount of sick leave pay used which the teacher 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)  Teacher 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)  Teacher returns in subsequent school year:

Teacher 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 teaching 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 teachers are required to be present for work.

E.    If a teacher 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.    Teachers will be notified of the number of accumulated sick leave days upon request by the teacher.

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 teacher 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 teachers' 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 teacher 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 teacher 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.

Teachers shall be granted one (1) day personal leave in each school 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, weekends or vacations. Teachers may accumulate up to two (2) days of personal leave. Teachers 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.   Teachers 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 teacher granted leave and/or transportation shall make a written report about the meeting to the Superintendent.

5.    OTHER LEAVES.

A teacher 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 teacher 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 teacher 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 pregnant teacher 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 and raising her child.

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

b.    The teacher returns to work as soon as she is no longer physically disabled from working. The Superintendent may require the teacher 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 teacher'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 teacher was entitled at time her leave of absence commenced shall be restored to her upon her return.

(4)  The teacher 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 teacher on extended leave to her previous or a substantially equivalent position if other teachers 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 teacher 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 teacher 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 teacher, 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 teacher 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 teacher 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 teacher to return to work at a time other than the times hereinbefore provided.

(3)  A teacher 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 teacher would otherwise have been eligible to have advanced on the salary schedule.

(4)  A teacher 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 teacher with professional teacher 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 teacher to the Superintendent on or before March 15 of the leave year prior to returning.

B.   Teachers 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.

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

H.   Time spent 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 the end of the school year preceding such change, whenever possible.

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 teachers 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 teacher from building to building. The Superintendent and the Association recognize that some transfer of teachers 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 teacher with professional teacher 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 teacher'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 teachers 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

Teachers 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, teachers 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 teacher will be entitled to have a representative of the Association accompany him/her during such inspection. The teacher shall have the right to submit a written comment on the contents of the file and said comments will be placed in the teacher's personnel file. This section should not be construed as giving teachers the right to inspect confidential information.

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, teachers will be required to attend such workshops or sessions.

2.    COURSES.

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

3.    MENTORING.

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

ARTICLE XVII -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 nonconfidential 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 XVIII - ACADEMIC FREEDOM

1.    ADJUSTMENTS.

In the interests of improving teaching effectiveness, teachers 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.

Teachers 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 XIX - 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 teachers 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 XX - 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 XXI - 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 teachers she/he intends to dismiss, hereinafter sometimes called "affected teacher(s)." The Association and the "affected teacher(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 teacher 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 teacher's recall rights, infra. Upon expiration of the teacher's recall rights, the teacher 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 teacher 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 teacher elects option C (2) the following rules shall be applicable.

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

(2)   In the event the Superintendent and the affected teacher(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 teacher'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 teacher's election to proceed under this Article, then the costs of the arbitration proceeding shall be shared equally between the Committee and the affected teacher with such parties bearing the expense of preparing and presenting its own case. The fact that the Association does not join in the affected teacher's election to proceed under the Article shall not bar the affected teacher'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 teacher 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 teacher'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 teacher 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 teacher with recall rights, who, in the judgment of the Superintendent, is qualified to fill such position.

(2)  As among professional teacher status teachers 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 teacher's or leave of absence teacher's as the case may be, last known address, with a copy of such notice being sent to the Association. The recalled teacher shall have two (2) weeks after receipt of the notice to accept the recall. In the event the recalled teacher 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 teacher 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 teacher status teacher 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 teacher is entitled to recall rights.

G.   Professional teacher status teachers 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 XXII-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 teachers 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 XXIII - RETIREMENT YEAR AND RETIREMENT PLAN

1.    Any teacher 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 teacher 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 teacher retiring at the end of the school year or in the case of the elementary teacher on January 1 and in the case of the secondary teachers 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 XXIV - JUST CAUSE

No teacher with professional teacher status shall be suspended or dismissed for disciplinary reasons without just cause. In the event that a teacher 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 teacher with professional teaching status is suspended, the teacher may elect to proceed under the provisions of this article or elect statutory and/or regulatory review of the suspension. The teacher must elect either the contract or statutory review as the sole remedy no later than five days after receipt of notice of suspension.

ARTICLE XXV - 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 XXVI - 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 XXVII - DURATION

This agreement shall become effective September 1, 2011, except as otherwise provided herein, and shall expire on August 31, 2014, 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, 2013, 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 COMMITTEE                                              BEVERLY TEACHERS

By:_____________________________                                      By:_________________________________

________________________________                                     ____________________________________

________________________________                                     ____________________________________

________________________________                                     ____________________________________

________________________________                                     ____________________________________

________________________________                                     ____________________________________

Dated:__________________________                                       Dated:______________________________

APPENDIX A - TEACHER'S 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 teacher's salary schedule (in accordance with Article IV, 2, A) and shall receive in addition a per diem rate of their teacher's 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.

2011-2012 Salary

Steps

B

B + 15

M

M+15

M + 30

M + 30 OPT 2

M + 45

M + 60

1

38,418

39,873

42,165

44,092

46,012

0

0

49,839

2

40,515

42,131

44,552

45,908

48,611

0

0

52,655

3

42,681

44,373

46,938

49,086

50,877

0

0

55,481

4

44,774

46,550

49,232

51,489

53,717

0

0

58,184

5

46,936

48,798

51,618

53,984

56,325

0

0

60,999

6

49,107

51,047

53,997

56,471

58,921

0

0

63,813

7

51,274

53,309

56,388

58,969

61,520

0

0

66,631

8

53,339

55,446

58,652

61,348

64,006

 

0

69,322

9

55,526

57,690

61,028

63,838

66,596

0

0

72,121

10

57,768

60,045

63,511

66,423

69,299

0

0

75,035

11

60,612

62,891

66,356

69,271

72,146

68,662

75,019

77,892

2012-2013 Salary

Steps

B

B + 15

M

M+15

M + 30

M + 30

OPT 2

M + 45

M + 60

1

38,802

40,272

42,587

44,533

46,472

0

0

50,337

2

40,920

42,552

44,998

46,367

49,097

0

0

53,182

3

43,108

44,817

47,407

49,577

51,386

0

0

56,036

4

45,222

47,016

49,724

52,004

54,254

0

0

58,766

5

47,405

49,286

52,134

54,524

56,888

0

0

61,609

6

49,598

51,557

54,537

57,036

59,510

0

0

64,451

7

51,787

53,842

56,952

59,559

62,135

0

0

67,297

8

53,872

56,000

59,239

61,961

64,646

0

0

70,015

9

56,081

58,267

61,638

64,476

67,262

0

0

72,842

10

58,346

60,645

64,146

67,087

69,992

0

0

75,785

11

61,218

63,520

67,020

69,964

72,867

69,349

75,769

78,671

2013-2014 Salary (Day 1-92)

Steps

B

B + 15

M

M+15

M + 30

M + 30

OPT 2

M + 45

M + 60

1

39,190

40,674

43,013

44,978

46,937

0

0

50,841

2

41,329

42,978

45,447

46,831

49,588

0

0

53,713

3

43,539

45,265

47,881

50,073

51,900

0

0

56,596

4

45,674

47,486

50,222

52,524

54,797

0

0

59,353

5

47,879

49,779

52,656

55,069

57,457

0

0

62,225

6

50,094

52,073

55,082

57,606

60,105

0

0

65,096

7

52,305

54,381

57,521

60,154

62,757

0

0

67,970

8

54,411

56,560

59,831

62,581

65,293

0

0

70,715

9

56,642

58,850

62,255

65,121

67,935

0

0

73,571

10

58,929

61,252

64,788

67,758

70,692

0

0

76,543

11

61,830

64,155

67,690

70,663

73,596

70,042

76,527

79,458

2013-2014 Salary (Day 93-184)

Steps

B

B + 15

M

M+15

M + 30

M + 30

OPT 2

M + 45

M + 60

1

39,582

41,081

43,443

45,428

47,406

0

0

51,349

2

41,743

43,408

45,902

47,299

50,084

0

0

54,250

3

43,974

45,718

48,360

50,573

52,419

0

0

57,162

4

46,131

47,961

50,724

53,049

55,345

0

0

59,947

5

48,358

50,277

53,182

55,620

58,032

0

0

62,847

6

50,595

52,594

55,633

58,182

60,706

0

0

65,747

7

52,828

54,924

58,097

60,756

63,384

0

0

68,650

8

54,955

57,126

60,429

63,207

65,945

0

0

71,423

9

57,208

59,438

62,877

65,772

68,614

0

0

74,306

10

59,518

61,864

65,435

68,436

71,399

0

0

77,309

11

62,449

64,797

68,367

71,370

74,332

70,743

77,292

80,252

2013-2014 Salary (Melded Salary)

Steps

B

B + 15

M

M+15

M + 30

M + 30

OPT 2

M + 45

M + 60

1

39,386

40,878

43,228

45,203

47,172

0

0

51,095

2

41,536

43,193

45,675

47,065

49,836

0

0

53,982

3

43,757

45,491

48,121

50,323

52,159

0

0

56,879

4

45,902

47,723

50,473

52,787

55,071

0

0

59,650

5

48,119

50,028

52,919

55,344

57,744

0

0

62,536

6

50,345

52,333

55,358

57,894

60,406

0

0

65,421

7

52,566

54,652

57,809

60,455

63,070

0

0

68,310

8

54,683

56,843

60,130

62,894

65,619

0

0

71,069

9

56,925

59,144

62,566

65,447

68,274

0

0

73,938

10

59,224

61,558

65,112

68,097

71,045

0

0

76,926

11

62,139

64,476

68,028

71,017

73,964

70,392

76,910

79,855

4.    REMUNERATION FOR CURRICULUM WORK.

Teachers 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-Masters Degree + 30 credits

5.   COMPENSATION FOR MOVING CLASROOMS.

1.   Employees approved for compensation are compensated as follows:

a.   Packing        $100

b.   Unpacking    $100

c.   Setup            $ 80

2.   Employees 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; VI 6, 7; VII; VIII 1; 2A, 2C IX; 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

Steps

2011-12

2012-13

2013-14

(Day 1-92)

2013-14

(Day 93-184)

2013-14

Melded

 Salary

1

32,270

32,593

32,919

33,248

33,083

2

34,033

34,373

34,717

35,064

34,891

3

35,852

36,211

36,573

36,938

36,755

4

37,610

37,986

38,366

38,750

38,558

5

39,426

39,820

40,218

40,621

40,420

6

41,250

41,663

42,079

42,500

42,290

7

43,070

43,501

43,936

44,375

44,155

8

44,805

45,253

45,706

46,163

45,934

9

46,641

47,107

47,578

48,054

47,816

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; VI 6, 7; VII; VIII 1; 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

Steps

2011-12

2012-13

2013-14

(Day 1-92)

2013-14

(Day 93-184)

2013-14

Melded

Salary

1

27,738

28,015

28,296

28,578

28,437

2

29,252

29,545

29,840

30,138

29,989

3

30,815

31,123

31,434

31,749

31,592

4

32,328

32,651

32,978

33,308

33,143

5

33,888

34,227

34,569

34,915

34,742

6

35,455

35,810

36,168

36,529

36,348

7

37,020

37,390

37,764

38,142

37,953

8

38,511

38,896

39,285

39,678

39,481

9

40,089

40,490

40,895

41,304

41,099

APPENDIX D - EXTRACURRICULAR SALARIES

Position

 

Stipend

 

 

2011-2012

2012-2013

2013-2014

High School Advisors

 

 

 

Yearbook Advisor

3,388

3,422

3,473

Senior Class Advisor

2,967

2,997

3,042

Junior Class Advisor

1,562

1,578

1,601

Sophomore Class Advisor

1,250

1,263

1,281

Freshman Class Advisor

1,250

1,263

1,281

Ledger Advisor

1,983

2,003

2,033

Student Council Advisor

1,250

1,263

1,281

Math Team Advisor

1,093

1,104

1,120

Science Team Advisor

1,093

1,104

1,120

AEGIS Advisor

1,250

1,263

1,281

National Honor Society

1,827

1,845

1,873

BHS Treasurer

1,093

1,104

1,120

Marching Band

3,592

3,628

3,682

Drill Instructor

2,343

2,366

2,402

Color Guard Director

1,874

1,893

1,921

Percussion Instructor

2,031

2,051

2,082

Fall Play Director

2,031

2,051

2,082

Music Director

1,250

1,263

1,281

Choreographer

1,405

1,419

1,440

Spring Musical Director

2,967

2,997

3,042

Drama Festival Director

1,093

1,104

1,120

Graduation Coordinator

1,562

1,578

1,601

Key Club

1,054

1,065

1,081

Gay / Straight Alliance

1,054

1,065

1,081

Model U. N.

1,983

2,003

2,033

DECA

1,983

2,003

2,033

Best Buddies

1,054

1,065

1,081

Technology Integration Specialist

1,545

1,560

1,584

Technology Support Specialist

3,091

3,122

3,169

Peer Leader / ADL Advisor

1,750

1,768

1,794

Middle School Advisors

 

0

0

Yearbook

2,154

2,176

2,208

Math Team

1,615

1,631

1,656

Drama/Musical Director

1,400

1,414

1,435

Choreographer

754

762

773

Music Director

1,078

1,089

1,105

Student Council

2,154

2,176

2,208

National Honor Society

1,508

1,523

1,546

Chess

892

901

914

Intramurals

2,693

2,720

2,761

Peer Leader / ADL Advisor

1,750

1,768

1,794

Community Service

1,054

1,065

1,081

Writers' Club

892

901

914

Robotics Club

1,236

1,248

1,267

MS Jazz Band

1,267

1,280

1,299

Elementary Advisors

 

0

0

Band Director

1,267

1,280

1,299

Strings Director

1,267

1,280

1,299

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

 

 

2011-12

 

SPORT

STEP1

STEP 2

STEP 3

STEP 4

HEAD COACHES

 

 

 

 

Football

8,925

9,197

9,197

9,197

Cross Country

1,744

2,026

2,118

2,837

Soccer

3,782

4,067

4,214

5,345

Sailing

3,500

3,500

3,500

3,500

Field Hockey

3,782

4,067

4,214

5,345

Cheering

1,345

1,486

1,529

1,836

Tennis

1,744

2,026

2,118

2,837

Golf

1,744

2,026

2,118

2,837

Basketball

4,071

4,348

4,549

6,107

Hockey

4,071

4,348

4,549

6,107

Indoor Track

2,244

2,526

2,642

3,546

Swimming

2,026

2,315

2,420

3,237

Baseball

4,093

4,385

4,579

6,118

Softball

4,093

4,385

4,579

6,118

Spring Track

2,244

2,526

2,642

3,546

Lacrosse

3,782

4,067

4,214

5,345

Gymnastics

2,008

2,292

2,397

3,207

Wrestling

2,026

2,315

2,420

3,237

Volleyball

2,026

2,315

2,420

3,237

MS X-Country

1,178

1,300

1,359

1,632

MS Spring Track

1,178

1,300

1,359

1,632

ASSISTANTS

 

 

 

 

Football

2,583

2,869

3,002

4,029

Soccer

1,724

1,892

1,983

2,659

Field Hockey

1,724

2,006

2,097

2,817

Basketball

2,153

2,440

2,549

3,425

Hockey

2,153

2,368

2,549

3,324

Indoor Track

1,218

1,506

1,576

2,119

Baseball

2,153

2,440

2,549

3,425

Softball

2,153

2,440

2,549

3,425

Spring Track

1,218

1,506

1,576

2,119

Diving/Swimming

1,218

1,506

1,576

2,119

Wrestling

1,218

1,506

1,576

2,119

Volleyball

1,218

1,506

1,576

2,119

Lacrosse

1,724

1,892

1,983

2,659

Cheering

746

830

855

1,038

 

 

 

2012-13

 

 

SPORT

STEP1

STEP 2

STEP 3

STEP 4

HEAD COACHES

 

 

 

 

Football

9,014

9,289

9,289

9,289

Cross Country

1,761

2,046

2,139

2,865

Soccer

3,820

4,108

4,256

5,398

Sailing

3,535

3,535

3,535

3,535

Field Hockey

3,820

4,108

4,256

5,398

Cheering

1,358

1,501

1,544

1,854

Tennis

1,761

2,046

2,139

2,865

Golf

1,761

2,046

2,139

2,865

Basketball

4,112

4,391

4,594

6,168

Hockey

4,112

4,391

4,594

6,168

Indoor Track

2,266

2,551

2,668

3,581

Swimming

2,046

2,338

2,444

3,269

Baseball

4,134

4,429

4,625

6,179

Softball

4,134

4,429

4,625

6,179

Spring Track

2,266

2,551

2,668

3,581

Lacrosse

3,820

4,108

4,256

5,398

Gymnastics

2,028

2,315

2,421

3,239

Wrestling

2,046

2,338

2,444

3,269

Volleyball

2,046

2,338

2,444

3,269

MS X-Country

1,190

1,313

1,373

1,648

MS Spring Track

1,190

1,313

1,373

1,648

ASSISTANTS

 

 

 

 

Football

2,609

2,898

3,032

4,069

Soccer

1,741

1,911

2,003

2,686

Field Hockey

1,741

2,026

2,118

2,845

Basketball

2,175

2,464

2,574

3,459

Hockey

2,175

2,392

2,574

3,357

Indoor Track

1,230

1,521

1,592

2,140

Baseball

2,175

2,464

2,574

3,459

Softball

2,175

2,464

2,574

3,459

Spring Track

1,230

1,521

1,592

2,140

Diving/Swimming

1,230

1,521

1,592

2,140

Wrestling

1,230

1,521

1,592

2,140

Volleyball

1,230

1,521

1,592

2,140

Lacrosse

1,741

1,911

2,003

2,686

Cheering

753

838

864

1,048

 

 

 

2013-14

 

 

SPORT

STEP1

STEP 2

STEP 3

STEP 4

HEAD COACHES

 

 

 

 

Football

9,149

9,428

9,428

9,428

Cross Country

1,788

2,077

2,171

2,908

Soccer

3,877

4,169

4,320

5,479

Sailing

3,588

3,588

3,588

3,588

Field Hockey

3,877

4,169

4,320

5,479

Cheering

1,379

1,523

1,567

1,882

Tennis

1,788

2,077

2,171

2,908

Golf

1,788

2,077

2,171

2,908

Basketball

4,173

4,457

4,663

6,261

Hockey

4,173

4,457

4,663

6,261

Indoor Track

2,300

2,590

2,708

3,635

Swimming

2,077

2,373

2,481

3,318

Baseball

4,196

4,495

4,694

6,272

Softball

4,196

4,495

4,694

6,272

Spring Track

2,300

2,590

2,708

3,635

Lacrosse

3,877

4,169

4,320

5,479

Gymnastics

2,059

2,350

2,457

3,288

Wrestling

2,077

2,373

2,481

3,318

Volleyball

2,077

2,373

2,481

3,318

MS X-Country

1,208

1,333

1,393

1,673

MS Spring Track

1,208

1,333

1,393

1,673

ASSISTANTS

 

 

 

 

Football

2,648

2,941

3,078

4,130

Soccer

1,767

1,940

2,033

2,726

Field Hockey

1,767

2,056

2,150

2,888

Basketball

2,207

2,501

2,613

3,511

Hockey

2,207

2,428

2,613

3,408

Indoor Track

1,249

1,544

1,616

2,172

Baseball

2,207

2,501

2,613

3,511

Softball

2,207

2,501

2,613

3,511

Spring Track

1,249

1,544

1,616

2,172

Diving/Swimming

1,249

1,544

1,616

2,172

Wrestling

1,249

1,544

1,616

2,172

Volleyball

1,249

1,544

1,616

2,172

Lacrosse

1,767

1,940

2,033

2,726

Cheering

765

851

877

1,064

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 teachers 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.

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

Teachers 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.

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 teacher 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 teacher must notify the Superintendent in writing by December 1st for movement in the following school year. September 1st 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

2005-2006

2006-2007

2007-2008

2008-2009

2009-2010

2010-2011

Equity Coordinator

200-2,000

200-2,000

200-2,000

200-2,000

200-2,000

200-2,000

Title I Coordinator

15,000

0

0

0

0

0

Kindergarten Grant Coordinator

1,000

1,000

1,000

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 Schedule) plus ten days at the employee's per diem rate

Mentor Teacher

2,500

2,500

Unit A Salary Schedule (5 position)

Webmaster (building)

1,500

1,500

4,000

4,000

4,040

4,121

Technology Specialist (building)

2000

0

0

0

0

0

Extended Day/Year Coordinator

5,000

5,000

0

0

0

0

Special Education Mentor Teacher

none

6,300

0

0

0

0

Peer Leader / ADL Advisor

1,750

1,750

1,750

1,750

1,750

1,750

Content Specialist

none

2,000

2,000

2,000

2,020

2,060

Curriculum Facilitator

none

3,000

3,000

3,000

3,030

3,091

Restraint Instructor

none

1,600

4,000

4,000

4,040

4,121

Related Services Coordinator

none

3,000

3,000

3,000

3,030

3,091

Homework Club

Ranges from $400 to $1,500 depending 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

_________________________                                        ______________days used

         Payroll Clerk

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

_______________ PERSONAL ILLNESS (non-instructional staff only)

_______________ FAMILY ILLNESS

_______________BEREAVEMENT LEAVE              Relationship:    ________________________

# of days:         _________________________

_______________JURY DUTY (Please return receipt after you serve)

_______________SUMMONS to court as a witness

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

_______________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 Manger (Non-Instructional)                                                Superintendent of School

(Instructional)