Beverly

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DistrictBeverly
Shared Contract District
Org Code300000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
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
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AGREEMENT

 

BETWEEN THE

 

BEVERLY TEACHERS ASSOCIATION

 

AND

 

BEVERLY SCHOOL COMMITTEE

 

TEACHERS – UNIT A

 

July 1, 2008 – June 30, 2011

 

 

TABLE OF CONTENTS

PAGE

Preamble ………………………………………………………………………………….                       4

 

Article I – RECOGNITION ……………………………………………………..……….                        4

 

Article II – RIGHTS OF COMMITTEE ………………………………………………..                         4

 

Article III – GRIEVANCE PROCEDURE

1.     Definition …………………………………………………………….    4

2.     Purpose ………………………………………………………………     4

3.     Procedure ……………………………………………………………     4

A.    Level One ……………………………………………………                          4

B.    Level Two ………………………………………………………     4

C.    Level Three …………………………………………………..         5

4.     Level Four ……………………………………………………                 5

5.     General ………………………………………………………………     5

 

Article IV – COMPENSATION

1.     General ………………………………………………………………     6

2.     Credit for Prior Teaching Experience                                                           6

3.     Credit for Military Service                                                                             6

4.     Salary Payments                                                                                             6

 

Article V – CLASS SIZE …………………………………………………………………       6

 

Article VI – TEACHING CONDITIONS

1.     Class Load ………………………………………………………….      7

2.     Preparation Time ………………………………………………….        7

3.     Mini-Courses – Intramural …………………………………………      8

4.     Attendance Reports …………………………………………………     8

5.     Supervision ………………………………………………………….      9

6.     Leaving Building ……………………………………………………..    9

7.     Substitutes …………………………………………………………..      9

8.     Student Efficacy Program ………………………………………….      9

 

Article VII – FACILITIES AND SUPPLIES ……………………………………………..      9

 

Article VIII – WORK DAY AND WORK YEAR

1.     Work Day ……………………………………………………………     10

2.     Work Year …………………………………………………………..      11

 

Article IX – LEAVE OF ABSENCE WITH PAY

1.     Sick Leave …………………………………………………………..      12

2.     Bereavement Leave ……………………………………………….       13

3.     Personal Leave ……………………………………………………..       14

4.     Professional Leave …………………………………………………      14

5.     Other Leaves …………………………………………………….....       14

6.     Military – Active Reserve ………………………………………….       14

7.     Other Leave Provisions ……………………………………………        15

8.     Worker’s Compensation …………………………………………..        15

 

Article X – LEAVE OF ABSENCE WITHOUT PAY

1.       Maternity Leave …………………………………………………….     15

A. Leave Not Exceeding Eight Weeks …………………………..                   15

B. Leave in Excess of Eight Weeks ……………………………                     15

C. Additional Terms and Conditions …………………………….                 16

2.     Other Leave …………………………………………………………     17

3. General Provisions for Leaves ……………………………………                            17

 

Article XI – SABBATICAL LEAVE

1. Service ………………………………………………………………                          17

2. Conditions …………………………………………………………..                          17

 

Article XII – ASSIGNMENTS AND TRANSFERS

1. Notification of Assignment ………………………………………..                           18

2. Listing of Positions …………………………………………………          18

3. Equal Consideration ………………………………………………..          18

4. Right to Request Transfer …………………………………………           18

 

Article XIII – VACANCIES

1. Day School ………………………………………………………….         18

2. Summer and Evening School ……………………………………..                            18

 

Article XIV – PROTECTION …………………………………………………………….       18

 

Article XV – PERSONNEL RECORDS ………………………………………………...                         19

 

Article XVI – IN-SERVICE TRAINING – COURSES

1. In-Service Training ………………………………………………….         19

2. Courses ……………………………………………………………..                           19

3. Mentoring …………………………………………………………….       19

 

Article XVII – ASSOCIATION PRIVILEGES

1. In-School Mail Service ……………………………………………..                          19

2. Meetings ……………………………………………………………..         19

3. Access to Records …………………………………………………                            19

4. School Committee Agenda and Minutes …………………………           19

5. Leave of Absence for the Association President ………………..              19

 

Article XVIII – ACADEMIC FREEDOM

1. Adjustments …………………………………………………………        20

2. Supplementary Teaching Materials ……………………………….          20

 

Article XIX – PAYROLL DEDUCTIONS

1. General Laws ………………………………………………………..                         20

2. Indemnification ……………………………………………………..                         20

3. Deduction Requests ………………………………………………..                           20

4. Termination of Deductions …………………………………………         20

5. Additional Deductions ………………………………………………        20

 

Article XX – INSURANCE ……………………………………………………………….      21

 

Article XXI – REDUCTION IN FORCE

1. General ……………………………………………………………….                        21

2. Definition …………………………………………………………….        21

3. Reduction in Force Procedure …………………………………….                            22

4. Notification Option – Standard of Review ………………………..          23

5. Recall ………………………………………………………………..                         24

 

Article XXII – GENERAL

1. JPDC …………………………………………………………………                        25

2. Mutual Concerns Committee ………………………………………         25

3. Invalidity ……………………………………………………………..       26

4. No Strike Provision …………………………………………………                          26

5. Time and Learning Issues ………………………………………..                             26

6.     Assault and Battery …………………………………………………     26

7.     Early Childhood Tuition Benefit …………………………..……….      26

 

Article XXIII – RETIREMENT YEAR AND 403B RETIREMENT PLAN …………….      26

 

Article XXIV – JUST CAUSE ……………………………………………………………       27

 

Article XXV – ESTABLISHMENT OF A 403B PLAN ………………………………….      27

 

Article XXVI – AGENCY FEE ……………………………………………………………     28

 

Article XXVII – DURATION ………………………………………………………………   28

 

Appendix A – TEACHER’S SALARY SCHEDULE

1.       General ……………………………………………………………..       29

A Salary Schedule Columns and Requirements Thereof ……                               29

B Per Diem Base Rate …………………………………………..                            29

2.       Guidance Counselors, School Adjustment Counselors,

School Psychologists and Team Chairpersons …………….       29

3.     Salary Schedule …………………………………………………….      30

4.     Remuneration for Curriculum Work ………………………………      31

 

Appendix B – NURSE’S SALARY SCHEDULE

1.     Nurses Professional Responsibilities …………………………….           32

2.     Nurses with Bachelor’s Degree …………………………………..          32

3.     Non-Degree Nurses ………………………………………………..         32

 

Appendix C – SALARY SCHEDULE FOR CERTIFIED OCCUPATIONAL THERAPY

ASSISTANT (COTA), PHYSICAL THERAPY ASSISTANT (PTA), AND

SPEECH THERAPY ASSISTANT (STA)

1.     Salary ………………………………………………………………..     33

2.     Professional Responsibilities ……………………………………..          33

 

Appendix D – EXTRACURRICULAR SALARIES …………………………………….       34

 

Appendix E – COACHES SALARIES …………………………………………………..       35

 

Appendix F – PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM ……..                            36

1. Online / Distance Learning Courses ………………………………                              37

 

Appendix G – HEAD NURSE …………………………………………………………..                         38

 

Appendix H – SUPERVISION AND EVALUATION OF TEACHERS ……………….         39

 

Appendix I – LETTERS OF AGREEMENT

1.     Flexible Scheduling ………………………………………………..        45

2.     Additional Stipended Positions …………………………………….      45

3.     Sunset Provisions …………………………………………………..       46

 

Exhibit A – INVOLUNTARY LEAVE

1.     No Challenge ………………………………………………………..      47

2.     Challenge …………………………………………………………….    48

 

Exhibit B – SUSPENSION CHALLENGE ……………………………………………..                         49

 

Exhibit C – ABSENCE REPORT FORM ………………………………………………                         50

 

PREAMBLE

 

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made this first day of September, 2005 by the School Committee of the City of Beverly (hereinafter sometimes referred to as the Committee) and the Beverly Teachers Association (hereinafter sometimes 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 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 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 tenure rights.

 

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 or 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 if 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) 42-minute classes per day. No teacher in the middle schools shall be required to teach more than five (5) 45-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 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

Year

Member receives step increase

Member at maximum step

Member receives step increase

Member at maximum step

                2008-09                 $4,000                   $6,000                                   $4,500                   $6,500

                2009-10                 $5,000                   $7,000                                   $5,500                   $7,500

                2010-11                 $6,000                   $8,000                                   $6,500                   $8,500

 

 

Rates of compensation are based upon school schedules remaining the same as that in place during the 2007-08 school year.

 

 

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.

 

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) minicourse.

 

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.     WORK DAY.

 

A.      The base-level starting and stopping times for teachers shall be as follows:

 

Elementary School              8:05 A.M.

2:45 P.M.

 

Middle School                      8:15 A.M.

3:15 P.M.

 

High School                          7:45 A.M.

2:45 P.M.

 

These times shall be modified pursuant to the provisions specified in Sections 1(B) through 1(I) of this Article. The starting and stopping times for the 2006-2007 school year are as follows:

 

Elementary School              7:35 A.M.

2:15 P.M.

 

Middle School                      8:30 A.M.

3:15 P.M.

 

High School                          8:00 A.M.

2:48 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.

 

B.    For the length of the collective bargaining agreement, the parties agree to the following with respect to the start of the school year:

 

(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.

 

(3) The parties agree that circumstances such as district renovation projects could necessitate changes in the student instructional calendar. In the event that said changes are necessary, the Superintendent shall notify the Association President no less than three (3) months prior to the affected change. Employees in the affected school(s) who have a planned vacation impacted by this change shall be granted leave if they can demonstrate that a personal financial commitment had been made prior to being notified of the calendar change. The impacted employee(s) will be given the option of making up the missed time or paying the cost of a substitute.

 

C.    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 Superintendent 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.

 

D.    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. 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, 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.

 

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, or brother-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 a rate of 20 cents a mile 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 may request that the individual meet with him 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, pending City Council approval.

 

 

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 his/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 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.

 

 

LEAVE                                                                          EFFECT ON SALARY ADVANCE 2008      

November 2008-August 2008                                  Return in September, 2008 on the same step on the

                                                                                                Salary schedule as left

        April 2008-August 2008                                             Advance one step on salary schedule if otherwise eligible

        April 2008-August 2009                                             Advance one step on salary schedule if otherwise eligible

 

(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.

 

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.

 

1                     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 on all bulletin boards 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 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 non-confidential matter which it requests. Such information shall not include any which would require special tabulation on the part of school administration personnel.

 

4.             SCHOOL COMMITTEE AGENDA AND MINUTES.

 

The Association will be furnished an agenda for each Committee meeting prior to such meeting and a copy of the minutes of each open meeting as soon as possible after the meeting. Copies of such minutes will also be posted in the teachers’ lounges.

 

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, 2011 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 my 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

 

Employee contributions toward premiums for health maintenance organization medical plans will be 20%. The Committee agrees to accept the responsibility of paying 75% of the cost of Blue Cross-Blue Shield or other medical plan, the cost of which shall not exceed 75% of the cost of Blue Cross-Blue shield, for the employees covered by this Contract.

 

 

 

The co-pay for office visits shall be as follows:

Year

Amount

Effective September 1, 2008

$5

Effective September 1, 2009

$10

Effective September 1, 2010

$15

The co-pay for emergency room visits shall be as follows:

 

Year

Amount

Effective September 1, 2008

$25

Effective September 1, 2009

$50

 

 

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 less 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 less 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 less 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 (K-6)

 

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 -6) teacher, at the elementary level, if a secondary (7 -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 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 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 determination. The arbitrator shall not substitute his 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 inservice 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 403B RETIREMENT PLAN

 

 

A bargaining unit member who decides to retire from the Beverly Public Schools will be eligible for one of the following two (2) programs:

 

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, the following amount, provided (i) irrevocable notice of retirement was given by April 15th of the school year preceding the school year of retirement and (ii) the teacher retired pursuant to the Massachusetts Teacher Retirement System. For a retirement effective June 30, 2005, the notice of retirement becomes irrevocable on October 31, 2004.

 

Years of Service

          In Beverly Public Schools                                                        Amount

                                                20 or more years                                                                  $1,000

                                                25 or more years                                                                  $2,000

                                                27 or more years                                                                  $3,000

 

2.             403B. Those bargaining unit members who agree to retire from the Massachusetts Teachers Retirement System no later than June 30, 2008 shall be eligible for an additional contribution to a 403B Plan. Written notice of intent to retire must be received by October 31, 2005 for the first year of the program and thereafter by April 15 of the school year preceding the first year of participation in the program. Applicants must specify the year in which they intend to retire and must submit their irrevocable letter of retirement at the time of application. The employer will match an employee’s contribution up to $2,000 annually for a period not to exceed three (3) years. The parties agree that the maximum number of bargaining unit members participating in this program will be twenty-five (25) at any one time. If the number of applicants exceeds twenty-five, selection of participants will be based on seniority in the Beverly Public Schools. 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. The 403B retirement program has a sunset provision and expires on August 31, 2011.

 

3.             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.

 

2.             Effective September 1, 2005, the Committee agrees to contribute to a 403b Plan for those bargaining unit members who have completed twenty-five (25) years of service to the Beverly Public Schools. The employer will match an amount contributed by the employee equal to 1% of the employee's annual salary in the preceding school year. 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. This contribution shall be payable at the employer's discretion prior to August 31st in each year that this provision is in effect. This provision contains a sunset provision and expires on August 31, 2011.

 

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, 2008, except as otherwise provided herein, and shall expire on August 31, 2011, 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, 2010, 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.

 

2008-2009 Salary

 

YEARS

SERVICE

 

B

 

B+15

 

M

 

M+15

 

M+30

M+30 OPT 2

 

M+45

 

M+60

1

36,926

38,324

40,528

42,380

44,225

0

0

47,903

2

38,942

40,495

42,822

44,125

46,723

0

0

50,610

3

41,023

42,650

45,116

47,180

48,902

0

0

53,327

4

43,036

44,742

47,320

49,489

51,631

0

0

55,925

5

45,114

46,903

49,614

51,887

54,138

0

0

58,631

6

47,201

49,065

51,901

54,278

56,633

0

0

61,335

7

49,283

51,239

54,199

56,679

59,131

0

0

64,044

8

51,268

53,293

56,374

58,966

61,520

0

0

66,630

9

53,369

55,450

58,658

61,359

64,010

0

0

69,320

10

55,525

57,714

61,045

63,844

66,608

0

0

72,121

11

58,258

60,449

63,780

66,582

69,345

65,996

72,106

74,867

 

2009-2010 Salary

 

YEARS SERVICE

B

B + 15

M

M+ 15

M + 30

M + 30 OPT 2

M + 45

M + 60

1

37,665

39,091

41,338

43,228

45,110

0

0

48,861

2

39,720

41,305

43,678

45,008

47,658

0

0

51,623

3

41,844

43,503

46,018

48,124

49,880

0

0

54,393

4

43,897

45,637

48,266

50,479

52,664

0

0

57,043

5

46,016

47,841

50,606

52,925

55,220

0

0

59,803

6

48,145

50,046

52,939

55,364

57,766

0

0

62,561

7

50,269

52,263

55,283

57,813

60,314

0

0

65,325

8

52,294

54,359

57,502

60,146

62,751

0

0

67,963

9

54,437

56,559

59,831

62,586

65,290

0

0

70,707

10

56,635

58,868

62,266

65,121

67,940

0

0

73,564

11

59,424

61,658

65,055

67,913

70,732

67,316

0

76,364

 

2010-2011 Salary

 

YEARS SERVICE

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

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

 

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

 

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, 2B, 2D; IX; X; XI; XII; XIII; XIV; XV; XVI; XVII; XVIII; XIX; XX; XXI (Nurses form separate category); XXII, XXIV; XXV; XXVI.

 

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 APP. A3)

 

3.             NON-DEGREE NURSES.

 

Effective the first pay period in the 2004-2005 school year, non-degree nurses will be compensated at 84% of the appropriate step in the Bachelors column of the teachers’ salary schedule. Effective September 1, 2005, a seventh step will be added at the 84% compensation rate of the appropriate step in the Bachelors column of the teachers’ salary schedule. Effective September 1, 2006, an eighth step will be added at the 84% compensation rate of the appropriate step in the Bachelors column of the teachers’ salary schedule. Effective September 1, 2007, a ninth step will be added at the 84% compensation rate of the appropriate step in the Bachelors column of the teachers’ salary schedule.

 

SALARY SCHEDULE FOR NON-BACHELOR DEGREE NURSES

YEARS SERVICE

2008-09

2009-10

2010-11

1

31,017

31,638

32,270

2

32,711

33,366

34,033

3

34,460

35,149

35,852

4

36,150

36,873

37,610

5

37,895

38,653

39,426

6

39,648

40,441

41,250

7

41,398

42,226

43,070

8

43,065

43,927

44,805

9

44,830

45,727

46,641

 

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

 

1.             SALARY.

 

Effective the first pay period in the 2004-2005 school year, COTA’s, PTA’s, and STA’s will be compensated at 72.2% of the appropriate step in the Bachelors column of the teachers’ salary schedule. Effective September 1, 2005, a seventh step will be added at the 72.2% compensation rate of the appropriate step in the Bachelors column of the teachers’ salary schedule. Effective September 1, 2006, an eighth step will be added at the 72.2% compensation rate of the appropriate step in the Bachelors column of the teachers’ salary schedule. Effective September 1, 2007, a ninth step will be added at the 72.2% compensation rate of the appropriate step in the Bachelors column of the teachers’ salary schedule.

 

YEARS SERVICE

2008-09

2009-10

2010-11

1

26,661

27,194

27,738

2

28,116

28,679

29,252

3

29,619

30,211

30,815

4

31,072

31,694

32,328

5

32,572

33,223

33,888

6

34,078

34,760

35,455

7

35,583

36,294

37,020

8

37,016

37,756

38,511

9

38,533

39,303

40,089

 

2.             PROFESSIONAL RESPONSIBILITIES.

 

The COTA’s and PTA’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, 2B, 2D; IX; X; XI; XII; XIII; XIV; XV; XVI; XVII; XVIII; XIX; XX; XXI (Nurses form separate category); XXII, XXIV; XXV; XXVI.

 

APPENDIX D -EXTRACURRICULAR SALARIES

 

Position

 

Stipend

 

2008-09

2009-10

2010-11

High School Advisors

 

 

 

Yearbook Advisor

3,289

3,322

3,388

Senior Class Advisor

2,880

2,909

2,967

Junior Class Advisor

1,516

1,531

1,562

Sophomore Class Advisor

1,213

1,225

1,250

Freshman Class Advisor

1,213

1,225

1,250

Ledger Advisor

1,925

1,944

1,983

Student Council Advisor

1,213

1,225

1,250

Math Team Advisor

1,061

1,072

1,093

Science Team Advisor

1,061

1,072

1,093

AEGIS Advisor

1,213

1,225

1,250

National Honor Society

1,773

1,791

1,827

BHS Treasurer

1,061

1,072

1,093

Marching Band

3,487

3,522

3,592

Drill Instructor

2,274

2,297

2,343

Color Guard Director

1,819

1,837

1,874

Percussion Instructor

1,971

1,991

2,031

Fall Play Director

1,971

1,991

2,031

Music Director

1,213

1,225

1,250

Choreographer

1,364

1,378

1,405

Spring Musical Director

2,880

2,909

2,967

Drama Festival Director

1,061

1,072

1,093

Graduation Coordinator

1,516

1,531

1,562

Key Club

1,023

1,033

1,054

Gay / Straight Alliance

1,023

1,033

1,054

Model U. N.

1,925

1,944

1,983

DECA

1,925

1,944

1,983

Best Buddies

1,023

1,033

1,054

Technology Integration Specialist

1,500

1,515

1,545

Technology Support Specialist

3,000

3,030

3,091

Peer Leader / ADL Advisor

1,750

1,750

1,750

Middle School Advisors

 

 

 

Yearbook

2,091

2,112

2,154

Math Team

1,568

1,584

1,615

Drama/Musical Director

1,359

1,373

1,400

Choreographer

732

739

754

Music Director

1,046

1,056

1,078

Student Council

2,091

2,112

2,154

National Honor Society

1,464

1,479

1,508

Chess

866

875

892

Intramurals

2,614

2,640

2,693

Peer Leader / ADL Advisor

1,750

1,750

1,750

Community Service

1,023

1,033

1,054

Writers' Club

866

875

892

Robotics Club

1,200

1,212

1,236

Elementary Advisors

 

 

 

Band Director

1,230

1,242

1,267

Strings Director

1,230

1,242

1,267

 

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

 

APPENDIX E -COACHES SALARIES

 

 SPORT

 

2008-09

 

STEP 1

STEP 2

STEP 3

STEP 4

HEAD COACHES

 

 

 

 

Football

Cross Country

Soccer

Field Hockey

Cheering

Tennis

Golf

Basketball

Hockey

Indoor Track

Swimming

Baseball

Softball

Spring Track

Lacrosse

Gymnastics

Wrestling

Volleyball

MS X-Country

MS Spring Track

8,663 1,693 3,671 3,671 1,306 1,693 1,693 3,952 3,952 2,178 1,967 3,973 3,973 2,178 3,671 1,949 1,967 1,967 1,143 1,143

8,927 1,967 3,948 3,948 1,442 1,967 1,967 4,221 4,221 2,452 2,247 4,256 4,256 2,452 3,948 2,225 2,247 2,247 1,262 1,262

8,927 2,056 4,090 4,090 1,484 2,056 2,056 4,416 4,416 2,565 2,349 4,445 4,445 2,565 4,090 2,327 2,349 2,349 1,319 1,319

8,927 2,754 5,188 5,188 1,782 2,754 2,754 5,928 5,928 3,442 3,142 5,939 5,939 3,442 5,188 3,113 3,142 3,142 1,584 1,584

ASSISTANTS

 

 

 

 

Football

Soccer

Field Hockey Basketball

Hockey

Indoor Track

Baseball

Softball

Spring Track Swimming

Lacrosse

Cheering

2,507 1,673 1,673 2,090 2,090 1,182 2,090 2,090 1,182 1,182 1,673 724

2,785 1,837 1,947 2,368 2,299 1,462 2,368 2,368 1,462 1,462 1,837 806

2,914 1,925 2,036 2,474 2,474 1,530 2,474 2,474 1,530 1,530 1,925 830

3,911 2,581 2,734 3,325 3,227 2,057 3,325 3,325 2,057 2,057 2,581 1,008

 

 

SPORT

 

2009-10

 

STEP 1

STEP 2

STEP 3

STEP 4

HEAD COACHES

 

 

 

 

Football

Cross Country

Soccer

Field Hockey

Cheering

Tennis

Golf

Basketball

Hockey

Indoor Track

Swimming

Baseball

Softball

Spring Track

Lacrosse

Gymnastics

Wrestling

Volleyball

MS X-Country

MS Spring Track

8,750

1,710

3,708

3,708

1,319

1,710

1,710

3,992

3,992

2,200

1,987

4,013

4,013

2,200

3,708

1,968

1,987

1,987

1,154

1,154

9,016

1,987

3,987

3,987

1,456

1,987

1,987

4,263

4,263

2,477

2,269

4,299

4,299

2,477

3,987

2,247

2,269

2,269

1,275

1,275

9,016

2,077

4,131

4,131

1,499

2,077

2,077

4,460

4,460

2,591

2,372

4,489

4,489

2,591

4,131

2,350

2,372

2,372

1,332

1,332

9,016

2,782

5,240

5,240

1,800

2,782

2,782

5,987

5,987

3,476

3,173

5,998

5,998

3,476

5,240

3,144

3,173

3,173

1,600

1,600

ASSISTANTS

 

 

 

 

Football

Soccer

Field Hockey Basketball

Hockey

Indoor Track

Baseball

Softball

Spring Track Swimming

Lacrosse

Cheering

2,532

1,690

1,690

2,111

2,111

1,194

2,111

2,111

1,194

1,194

1,690

731

2,813

1,855

1,966

2,392

2,322

1,477

2,392

2,392

1,477

1,477

1,855

814

2,943

1,944

2,056

2,499

2,499

1,545

2,499

2,499

1,545

1,545

1,944

838

3,950

2,607

2,761

3,358

3,259

2,078

3,358

3,358

2,078

2,078

2,607

1,018

 

 

 

SPORT

 

2010-11

 

STEP 1

STEP 2

STEP 3

STEP 4

HEAD COACHES

 

 

 

 

Football

Cross Country

Soccer

Field Hockey

Cheering

Tennis

Golf

Basketball

Hockey

Indoor Track

Swimming

Baseball

Softball

Spring Track

Lacrosse

Gymnastics

Wrestling

Volleyball

MS X-Country

MS Spring Track

8,925

1,744

3,782

3,782

1,345

1,744

1,744

4,071

4,071

2,244

2,026

4,093

4,093

2,244

3,782

2,008

2,026

2,026

1,178

1,178

9,197

2,026

4,067

4,067

1,486

2,026

2,026

4,348

4,348

2,526

2,315

4,385

4,385

2,526

4,067

2,292

2,315

2,315

1,300

1,300

9,197

2,118

4,214

4,214

1,529

2,118

2,118

4,549

4,549

2,642

2,420

4,579

4,579

2,642

4,214

2,397

2,420

2,420

1,359

1,359

9,197

2,837

5,345

5,345

1,836

2,837

2,837

6,107

6,107

3,546

3,237

6,118

6,118

3,546

5,345

3,207

3,237

3,237

1,632

1,632

ASSISTANTS

 

 

 

 

Football

Soccer

Field Hockey Basketball

Hockey

Indoor Track

Baseball

Softball

Spring Track Swimming

Lacrosse

Cheering

2,583

1,724

1,724

2,153

2,153

1,218

2,153

2,153

1,218

1,218

1,724

746

2,869

1,892

2,006

2,440

2,368

1,506

2,440

2,440

1,506

1,506

1,892

830

3,002

1,983

2,097

2,549

2,549

1,576

2,549

2,549

1,576

1,576

1,983

855

4,029

2,659

2,817

3,425

3,324

2,119

3,425

3,425

2,119

2,119

2,659

1,038

 

APPENDIX F -PROFESSIONAL DEVELOPMENT INCENTIVE PROGRAM

 

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).

 

The Joint Professional Development Committee (JPDC) serves as the planning group for the Beverly Public School 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.

 

The program of activities should support the Beverly Public Schools overall professional development program, meaning that programs will focus on the goals and objectives identified by the school district.

 

A budget will be determined for overall program calendar, within the constraints of the district budget.

 

Each course proposal must be approved by a vote of the Joint Professional Development Council.

 

The JPDC will approve all Professional Development Incentive programs. Locally sponsored courses will be the primary, but not the sole, vehicle for obtaining credits.

 

Each course offered must specify a target audience, as well as a minimum and maximum number of participants. Any other individuals interested in taking the course may only do so if space is still available and by a vote of the Joint Professional Development Council.

 

The JPDC will establish and maintain quality control over the Professional Development Incentive Program.

 

A JPDC member will be appointed as a liaison to each course. The liaison will be responsible for working with the presenter, addressing any individual issues of attendees to the course, and reporting back to the JPDC concerning the success of the course.

 

Each course will be evaluated by the Joint Professional Development Committee.

 

The ratio of 15 clock hours to one (1) credit hour will be the standard for Professional Development Incentive Program credits.

 

Decisions of the JPDC regarding Professional Development Incentive course offerings shall be final and not subject to the grievance procedure.

 

Efforts will be made to create courses which can be offered for college credit (through a sponsoring local institution). These courses would be offered in the following manner:

 

·         Participants would have the option of having tuition paid by the school district or participating in the “stipend” program (see below);

 

·         Only those taking the program for college credit would be able to use the experience to advance on the salary schedule;

 

·         The courses are tailored to the needs of our school district, with an on-site administrator acting as the liaison to the colleges;

 

·         Both programs would include fairly rigorous expectations, including assignments, projects, and portfolios of work.

 

The District will budget the sum of $60,000 to be used as stipends for course work completed by teachers who are at the Masters plus 60 credits column of the salary schedule. The stipend is paid only during the contract year in which the course is taken. The maximum remuneration for each credit will be $333. Within thirty days after the posting of the professional development program, each eligible member must submit a written application to participate in the program.

 

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.

 

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).

 

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 DOE description of a graduate level course (1 graduate credit = 15 hours) or the standard of a local college or university (e.g. Salem State College, Endicott College).

 

·         Course topics must be related to the Massachusetts Frameworks, Content Learning Standards, District Improvement 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 Education regulations and/or state law, the parties shall meet to amend the criteria to comply with the regulations and/or statute.

 

APPENDIX G -HEAD NURSE

 

The Head Nurse position will have the following responsibilities:

 

1.     To act as liaison and resource when questions arise regarding:

 

A.      In-service planning

 

B.    Budget preparation

 

B.      Distribution of supplies

 

D.    Grant related issues

 

D.      Dissemination of professional opportunities and activities

 

 

2.     To be available in emergency circumstances to assist the personnel department in arranging substitute nurse coverage.

 

 

3.             To organize meetings of the nursing staff.

 

Stipend and Work Year -The stipend for the position is as follows:

Position

 

Stipend

 

2008-09

2009-10

2010-11

Head Nurse

4,080

4,121

4,203

 

The work year is the same as the teacher’s work year (184 days).

 

                                         APPENDIX H -SUPERVISION AND EVALUATION OF TEACHERS

 

The purpose of teacher supervision and evaluation is to provide information for the continuous improvement of performance through an exchange of information between the person being evaluated and the evaluator, as well as to provide a record of facts and assessment for personnel decisions.

 

PROFESSIONAL STATUS TEACHERS

§  The supervision and evaluation process for professional status teachers is a four-year cycle, consisting of:

 

1.                   Administrative

 

2.                   Self-Directed Study

 

3.                   Portfolio

 

4.                   Professional Study Group

 

§  The end result of the Administrative and Portfolio years is a Summative Evaluation documenting the employee as having met the professional teaching standards adopted by the district. The Self-Directed Study and Professional Study Group years will culminate in reporting progress made in completing an agreed plan of study.

 

§  After consultation with the Superintendent, the Principal or other appropriate member of the Leadership Team could place professional status teachers in the Administrative mode at any time during the four-year cycle.

 

§  Professional status teachers are encouraged to provide additional information pertaining to their performance during any part of the supervision and evaluation process. Such information must be provided in a timely fashion and must be considered by the evaluator.

 

§  At a minimum, the Summative Evaluation and individual evaluations completed during the Administrative mode, the Summative Evaluation completed following the Portfolio mode and the documentation forms for Self-Directed Study and Professional Study Group will become part of the personnel file for the professional status teacher.

 

§  The Summative Evaluation checklist used will be appropriate to the position -one for teachers and one for other professionals such as team chairpersons, school psychologists, occupational, physical and speech therapists, adjustment and guidance counselors, and school nurses.

 

PROBATION TRACK (PROFESSIONAL STATUS EMPLOYEES)

 

§  A Probation Plan will be established for any employee as part of the termination track.

 

§  The process of including any professional status teacher on a probation plan will be initiated by the Principal, Assistant Superintendent and/or Director, based on the evidence collected and documented as part of the regular supervision and evaluation model.

 

§  Any professional status teacher, recommended for a Probation Plan, can appeal the decision to the Superintendent.

 

§  The teacher, Principal, Assistant Superintendent, and other appropriate leadership team
member(s), and association representatives (s) will write the Probation Plan.

§  The Probation Plan shall specify what the individual teacher needs to do to meet the performance standards, how the administration will assist the individual, and what the timetable is for implementing the recommendations for improvement. Specifically, the Probation Plan will consist of specific strategies for improving subject mastery and/or teaching methodology, along with timelines and the criteria used to measure successful completion of the plan.

 

§  The Probation Plan will conclude, in one school year or less unless specified in the plan, with either: (1) termination of employment, or (2) reassignment to one of the four (4) modes.

 

NONPROFESSIONAL STATUS TEACHERS

 

Nonprofessional status teachers will take part in the Administrative Mode each year until professional status has been attained.

 

§  Principals or their designees (Assistant/Associate Principals, Academic Division Leaders, and Program Directors) will conduct a minimum of two (2) formal evaluations with each nonprofessional status teacher every year.

 

§  Other members of the district’s Leadership Team may conduct additional evaluations. The Assistant Superintendent or Director of Pupil Personnel Services may conduct a minimum of one (1) formal evaluation of the nonprofessional status teacher during at least the first year of employment.

 

§  Formal observations will include both announced and unannounced classroom visits. Announced observations will consist of a pre-observation conference, observation, and post-observation conference. Unannounced observations will include both an observation and post-observation conference.

 

§  Post-observation conferences will be held within fifteen (15) school days of the observation.

 

§  Formal observations will be spaced at least six weeks apart throughout the school year.

 

§  Nonprofessional status teachers are encouraged to provide additional information pertaining to their performance. Such information must be provided in a timely fashion and must be considered by the evaluator.

 

§  In addition to formal observations, the Principal will conduct drop-in visits. The goal will be at least three (3) visitations of at least 10-15 minutes each. Drop-in visits should be documented with a brief written note or critique.

 

§  Second and third year nonprofessional status teachers will be required to set professional goals tied to subject mastery and/or teaching methodology as part of the supervision and evaluation process.

 

§  The final formal evaluation for each nonprofessional status teacher will be completed by May 15th.

 

§  Summative Evaluations will be shared with nonprofessional status teachers by June 1st and will not include any new information. Rather, this summary will include only information previously shared with the teacher during the school year, either through formal evaluations, drop-in visits, or other written communication. Summative Evaluations will include input from all members of the Leadership Team taking part in the evaluation.

 

§  All first and second year teachers in the Beverly Public Schools will be required to participate in the district induction program.

 

§  At the conclusion of the second year of employment, nonprofessional status teachers may be considered for professional status, subject to the following conditions: (a) recommendation of the Principal, Assistant Superintendent and/or Director; (b) at least five (5) years prior successful teaching experience in another district; (c) recommendation by the Professional Status Review Committee, which is composed of members of the Leadership Team; and (d) approval of the Superintendent of Schools.

 

STANDARDS OF EVALUATION

 

These standards are to be used for evaluating teachers who are in the Administrative and Portfolio years of the cycle in completing the Summative Evaluation. They are also used in developing Probation Plans. An affirmative answer to each question listed below is necessary to meet the minimum standard. Should the response to any question be "no", examples of possible ways to meet the standard are shown. These lists are not meant to be exhaustive.

 

I.     DIRECTOR OF LEARNING

A.    Is the teacher a lifelong learner?

Examples of Descriptor:

 

o              The teacher has taken at least one course in the past three years.

 

o              The teacher is a member of a professional organization, which will provide information to improve his/her knowledge in the classroom.

 

B.    Has the teacher sustained professional growth through the cycle?

Examples of Descriptor:

 

o              The teacher has participated in at least one conference or other professional development opportunity in the last three years.

 

o              The teacher shows evidence of the judgment gained through these opportunities in classroom implementation.

 

C.    Does the teacher remain cognizant of changes in curriculum, subject matter and recent methodologies?

Examples of Descriptor:

 

o              The teacher reevaluates and updates curriculum implementation.

 

o              The teacher attends at least one professional growth activity per cycle.

 

o              The teacher shares materials garnered from such above activities with appropriate colleagues and other interested professionals.

 

II.    PLANNER

A.    Does the teacher create a positive learning environment?

Examples of Descriptor:

 

o              The teacher publishes and discusses classroom policies.

 

o              The teacher accommodates all learning styles in lessons and activities.

 

o              The teacher evidences physical, environmental, and decorative considerations in the classroom plan.

 

o              The teacher utilizes flexible seating and grouping arrangements.

 

o              The teacher displays student work and topical material throughout the room.

 

B.    Is a structure provided by which all students participate in a meaningful way?

Examples of Descriptor:

 

o              The teacher and students consider some aspects of classroom routines to be automatic.

 

o              The teacher insures that students are aware of and concerned with the execution of various activities and classroom chores.

 

o              The teacher has published and discussed his/her classroom citizenship expectations.

 

o              The teacher offers students options and choices in accomplishing academic tasks.

 

C.    Does the teacher ensure equitable opportunities for student learning?

Examples of Descriptor:

 

o              The teacher provides a variety of lessons in which all students can succeed.

 

o              The teacher offers students opportunities to challenge each one's individual capacity and to access a sense of competition.

 

o              The teacher employs open-ended strategies as students search for their own constructive responses to problems.

 

o              The teacher designs and implements lessons that are coincidental with the system's curriculum and the Curriculum Frameworks.

 

D.    Does the teacher make effective use of the time he/she is engaged with children?

Examples of Descriptor:

 

o              The teacher is actively involving students in the learning process.

 

o              The teacher monitors student participation.

 

o              The teacher demonstrates a planned transition from one activity to the next.

 

o              The teacher evidences planning of instructional techniques.

 

III.  IMPLEMENTER

A.    Does the teacher make learning goals clear to all students?

Examples of Descriptor:

 

o              The teacher uses clear objectives to create an image of what students will know or be able to do.

 

o              The teacher's achievement expectations are objective, fair, consistent, and learner appropriate over the three year cycle.

 

o              The teacher clearly communicates success criteria to the student.

 

o              The teacher has a class policy and provides evidence of the use of the policy, including the prompt return of graded work.

 

B     Does the teacher select appropriate instructional techniques to reach the educational needs of all students?

Examples of Descriptor:

 

o              The teacher promotes lesson flexibility to engage multiple learning styles.

 

o              The teacher uses appropriate interactive instructional time to address varied learners.

 

o              The teacher insures that there are opportunities for all students to be successfully challenged.

 

o              The teacher uses stimulating and creative resources in the lesson.

 

o              The teacher actively relates the object of the lesson to the lives of the students.

 

C.    Does the teacher demonstrate two or more different teaching styles during the class period?

Examples of Descriptor:

 

o              Cooperative learning

 

o              Small group instruction

 

o              Lecture

 

o              Student-presented material

 

o              Journal writing

 

o              Silent reading

 

o              Debates

 

o              Full class discussion

 

o              Other(s)

 

D.    Is the teacher cognizant of students' different learning styles?

Examples of Descriptor:

 

o              The teacher utilizes at least three different activities in every period, which allows for the incorporation of different learning styles.

 

o              The teacher shows evidence of accommodating those styles.

 

E.    Does the teacher use positive reinforcement in the classroom?

Examples of Descriptor:

 

o              The teacher demonstrates appreciation for and sensitivity to the academic diversity among students.

 

o              The teacher acknowledges a student's superior performance.

 

o              The teacher communicates at least three positive messages to the class every day.

 

F.    Is there evidence that the teacher maintains appropriate standards of behavior, mutual respect, and safety?

Examples of Descriptor:

 

o              The teacher has a "zero tolerance" policy in the classroom regarding issues of courtesy and respect.

 

o              The teacher communicates his/her expectations to the class.

 

o              The teacher clearly delineates the logical consequences of inappropriate behavior in class.

 

IV.  ASSESSOR

A.    Does the teacher make clear to the students the criteria that must be met for successful achievement of goals?

Examples of Descriptor:

 

o              The teacher posts course and unit requirements and/or criteria in the classroom.

 

o              The teacher communicates what students will know or be able to do at the conclusion of the course and/or unit.

 

o              The teacher provides clear, honest feedback relative to the completion of the criteria posted.

 

o              The teacher returns student work with feedback no later than two weeks after the assignment's due date.

 

B.    Does the teacher create an avenue for student self-assessment?

Examples of Descriptor:

 

o              The teacher encourages students to participate in self-evaluation.

 

o              The teacher uses pre-and post-assessments and shares the results with students. C. Has the teacher utilized at least three methods to collect data on student performance?

 

         C.    Has the teacher utilizes at least three methods to collect data on student performance?

Examples of Descriptor:

 

o              Interviews with students

 

o              Observations of students

 

o              Student self-evaluation

 

o              Samples of student work

 

o              Test results

 

o              Portfolios

 

o              Presentations by students

 

D.    Does the teacher utilize a variety of evaluation instruments?

Examples of Descriptor:

 

o              The teacher adjusts methods of evaluation to meet the student's individual needs.

 

o              The teacher uses methods of evaluation which are consistent for the subject matter being judged in both length and content.

 

V.    COMMUNICATOR

A.    Does the teacher include parents in the educational process?

Examples of Descriptor:

 

o              The teacher complies with the appropriate school system policy regarding advising parents of student performance.

 

o              The teacher provides a schedule of times for conferences and teacher availability.

 

o              The teacher responds to parental concerns promptly and with respect.

 

B.    Does the teacher enjoy positive relationships with his/her peers?

Examples of Descriptor:

 

o              The teacher shares ideas with colleagues.

 

o              The teacher treats all staff with respect.

 

        C.    Does the teacher prepare and submit administrative reports efficiently and punctually?

Examples of Descriptor:

 

o              Report cards

 

o              Schedules for parent-teacher conferences

 

o              Mid-term evaluations

 

o              Any other supplemental documents that are required

 

D.    Does the teacher project a professional, yet approachable demeanor, with whom he/she interacts?

Examples of Descriptor:

 

o              The teacher works professionally with administrators and supervisors.

 

o              The teacher maintains constructive relationships with his/her peers.

 

o              The teacher is available to parents/guardians.

 

o              When there is a problem with another individual, the teacher (a) engages in a dialogue; (b) meets with the other parties; (c) listens to opposing viewpoints; and (d) works collaboratively toward a mutually agreeable solution.

 

E.    Does the teacher value the culture and resources of the larger community in which the school is located?

Examples of Descriptor:

 

o              The teacher relates lessons and projects to reflect the history and the present-day culture of the community, where appropriate.

 

o              The teacher invites members of the community to share experiences, skills, hobbies and ideologies with the class.

 

o              The teacher plans relevant field trips and hands-on experiences within the larger community.

 

VI.  ADMINISTRATOR

A.    Does the teacher fulfill the role and duties of classroom administrator efficiently and in a business-like manner?

Examples of Descriptor:

 

o              The teacher arrives at assigned locations on time and remains for the allotted time frame.

 

o              The teacher begins lessons promptly and engages students in learning experiences throughout the duration of the allotted time.

 

o              The teacher maintains, in accordance with school department policy, detailed and accurate records in reference to (a) student attendance; (b) daily/weekly grades; (c) current lesson plans; (d) records in accordance with school policy, including, but not limited to report cards, IEP's, cumulative folders, narrative assessments, and others determined by administration and/or support personnel.

 

APPENDIX I -LETTERS OF AGREEMENT

 

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

20072008

2008 2009

20092010

20102011

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.

 

 

 

3.             SUNSET PROVISION.

 

The sunset provisions contained in the current agreement which include the following will continue through August 31, 2011:

 

A. Article VIII, Section 2B – Rotating Start Date for School Year

 

B. Article XVII, Section 5 – Leave of Absence for the Association President

 

C. Article XXIII, Section 2 – 403B Retirement Plan

 

D. Article XXV, Section 2 – 403B Plan: 25 Years of Service

 

                EXHIBIT A

(1)

 

FORM OF LETTER TO SUPERINTENDENT

FROM TEACHER ELECTING “OPTION 4 C (1)

 

Date

 

Superintendent of Schools

Beverly Public Schools

Beverly, MA 01915

Dear

 

I have received notice that the Superintendent intends to dismiss me from the employ of the Beverly Public Schools. Please be advised that I hereby elect, pursuant to Article XXI 4C (1) of the Collective Bargaining Agreement between the Beverly School Committee and the Beverly Teachers Association, to be put on unpaid leave of absence status for the period set forth in said Article XXI 4C (1).

 

Please be further advised that in consideration of the granting of said leave of absence and the benefits provided in said Article XXI, I hereby waive whatever rights I may have under M.G.L. Chapter 32, Section 16 and M.G.L. Chapter 71, Section 42.

 

I do not challenge the Superintendent’s decision under the grievance and arbitration provisions of the Collective Bargaining Agreement. As noted above, I have elected a leave of absence pursuant to Article XXI 4C (1).

 

Please consider this my letter of resignation effective (upon end of recall period). The resignation is subject to my being recalled pursuant to Article XXI, Section 5.

 

Very truly yours,

(Signature)

 

 

 

EXHIBIT A

(2)

 

FORM OF LETTER TO SUPERINTENDENT

FROM TEACHER ELECTING “OPTION 4C (2)

 

Date

 

Superintendent Beverly Public Schools Beverly, MA 01915

Dear

 

I have received notice that the Superintendent intends to dismiss me from the employ of the Beverly Public Schools. Please be advised that I hereby elect, pursuant to Article XXI 4C (2) of the Collective Bargaining Agreement between the Beverly School Committee and the Beverly Teachers Association, to be put on unpaid leave of absence status for the period set forth in said Article XXI 4C (2).

 

Please be further advised that in consideration of the granting of said leave of absence and the benefits provided in said Article XXI, I hereby waive whatever rights I may have under M.G.L. Chapter 32, Section 16 and M.G.L. Chapter 71, Section 42.

 

I do not waive my right to challenge the Superintendent’s decision under the grievance and arbitration provision of the Collective Bargaining Agreement. As noted above, I have elected a leave of absence pursuant to Article XXI 4C (2). In this respect, pursuant to Article XXI 4C (2), the specific reasons for my challenge are as follows:

 

Please consider this my letter of resignation effective (upon end of recall period). This resignation is subject to my being recalled pursuant to Article XXI, Section 5.

 

Very truly yours,

 

(Signature)                           

 

 

EXHIBIT B

Date

 

 

Chairperson

Beverly School Committee

Beverly, MA 01915

Dear

 

I have received notice that the Superintendent has suspended me for                     days, (or that the Beverly School Committee intends to vote on                                                whether to suspend me for more than five (5) days. Please be advised that I hereby elect, pursuant to Article XXIV of the Collective Bargaining Agreement between the Beverly School Committee and the Beverly Teachers Association, to proceed to contest said action or proposed action pursuant to said Article. Please be further advised that in consideration of the benefits provided in said Article, I hereby waive whatever rights I may have under M.G.L. Chapter 32, Section 16 and M.G.L. Chapter 71, Sections 42 and 42D and fully understand and agree that resolution of the matter pursuant to said Article shall be the exclusive procedure for resolving said matter.

 

Very truly yours,

 

(Signature)                           

 

 

 

                                                                                BEVERLY PUBLIC SCHOOLS

EXHIBIT C                                                          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

 

                ______*PROFESSIONAL DAY  for the purpose of attending:

 

                                District Sponsor activity: ______________________________________________

 

                                Outside district activity : _______________________________________________

                                (Supporting documentation should accompany Professional Day request, i.e., brochure, committee    

                                meeting, etc.)

 

                                Substitute required ___                                    Acct.#____________________

 

                ______VACATION (where permitted by contract)

                ______PERSONAL ILLINESS ( non-instructional staff only)

                ______BEREAVEMENT LEAVE                                Relationship: __________________________

                                                                                                # of days: ______

                ______JURY DUTY

                ______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: __________________________________                 No. of Days _______

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

 

Employee Signature:____________________________________                    Date: ________

 

 

Acknowledged by:________________________________                                   Date: _______

                                                Principal/Supervisor

 

______________________________                                          _____________________________

Business Manager (Non-instructional)                                         superintendent of schools (Instructional)

 

*Professional Day Request must be submitted for approval to Central Office 10 school days prior to date of Professional Day.