Spencer-East Brookfield

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DistrictSpencer-East Brookfield
Shared Contract District
Org Code7670000
Type of DistrictRegional K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyWorcester
ESE RegionCentral
Urban
Kind of Communityrural economic centers
Number of Schools6
Enrollment1957
Percent Low Income Students29
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Spencer East Brookfield

 

CONTRACT

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made this ____ day of _____________  by the School Committee of the Spencer-East Brookfield Regional School District (hereinafter sometimes referred to as the Committee) and the Spencer-East Brookfield Teachers’ Association (hereinafter sometimes referred to as the Association).

ARTICLE I – RECOGNITION CLAUSE

1.       For the purpose of collective bargaining with respect to wages, hours,and 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 professional employees (as such employees are defined in Chapter 150E of the General Laws of Massachusetts) of the Committee, excepting however, every such employee who on the effective date of this contract is, or thereafter shall be, designated by the Committee as a representative of it for the purpose of such bargaining.  The term professional employees includes all classroom teachers, librarians, therapists, school psychologists, adjustment or guidance counselors and nurses holding certificates under G.L.c.71 Sec.38G.  It does not include the Superintendent, Principals, Vice-Principals, Guidance Directors, Director of Pupil Services, Teacher Aides or Director of Academic Services and Technology.

 

2.       Subject to the provisions of Massachusetts General Laws, Chapter 150E, as the same may be amended, the Committee agrees not to negotiate with any teachers’ organizations other than the Association for the duration of this Agreement.  Except for such negotiations under Massachusetts General Laws, Chapter 150E, however, the Committee shall be free to communicate with teachers or their representatives or any other person, individually or by group, for whatever purpose the Committee may deem desirable in the discharge of its responsibilities.

 

 

3.       The provisions of this Agreement shall constitute Committee policy for the duration hereof or until changed by mutual consent in writing.  Any previously adopted policy, rule or regulation of the Committee which is in conflict with a provision of this Agreement, shall be superseded and replaced by this Agreement.  Nothing in the Agreement shall operate retroactively unless expressly so stated.

 

4.       The Regional School Committee, as empowered by the statutes of the Commonwealth of Massachusetts, intends that nothing in this Agreement shall derogate or impair any power, right, or duty conferred upon the Committee and Superintendent by any agency of the

 

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              Commonwealth.  With the exception of issues specifically referenced in this Agreement,  the

              Committee and Superintendent retains all the powers, rights and duties that it has by policy and 

              statute and may exercise the same at its discretion without being subject of a grievance or

              arbitration proceeding.

 

 

                ARTICLE II – POLICY CHANGES

 

                Before the Committee adopts a change in policy which affects wages, hours or any other condition of employment which is not covered by the terms of this Agreement, which has not been proposed by the Association, the Committee will notify the Association in writing that it is considering such a change.  The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee within five (5) days after receipt of said notice.

 

                ARTICLE III – WORK YEAR

 

                The work year for teachers and nurses (except for new personnel who may be required to attend no more than two (2) additional orientation day sessions) shall begin no earlier than the first Monday prior to Labor Day and terminate no later than June 30.  The length of the school year shall consist of the minimum number of days prescribed by the Massachusetts Board of Education, currently a one hundred eighty (180) day school year.  Teachers will receive per diem compensation for any school days on which teachers’ attendance is required for the purpose of teaching students beyond the one hundred eighty day schedule.

 

                Although teachers have a professional obligation to report to work on the day preceding the official start of the student school year, this day shall not be considered as a paid work day.

 

                In addition to the number of days students are required to be in attendance by state law, teachers will be provided five (5) days of professional  development opportunities each year.

 

                These days will be scheduled by the Superintendent of Schools in consultation with the Professional Development Committee provided that no more than one day shall be scheduled so as to increase the overall work year unless agreed upon by the Association.  Effective with the 2002-2003 year, one (1) professional development day will be mandatory and will be considered to be part of the teachers’ work year.  All other professional development days will be voluntary, and at the discretion of the Committee, and may be paid or non-paid.

 

 

 

 

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The work year for the following personnel shall be as set forth below:

 

                Health Coordinator                                         196 days

                Team Chairperson                                           191 days

                Knox Trail Guidance Counselors                                191 days

                David Prouty Guidance Counselors          186 days

 

ARTICLE IV – ARRIVAL AND DEPARTURE OF TEACHERS

 

High School and Junior High

 

1.        A teacher should be at his duty station or home room at 7:40 a.m.

 

2.       Teachers shall be required to remain at work not more than one forty-five (45) minute period per week for the sole purpose of aiding students, parent meetings and faculty activity.  If no student returns or there is no parent meeting or faculty activity, the teacher may leave after thirty (30) minutes.  The day that teachers will remain will be determined in conjunction with the individual teacher and appropriate building principal on a departmental basis.

 

On three (3) other days teachers will remain for thirty (30) minutes and may leave after fifteen (15) minutes if no student returns, or there is no parent meeting or faculty activity.  On Fridays, the day before holidays, and on days when teachers must return at night for school activities, teachers may leave five (5) minutes after student dismissal.  When an earlier departure becomes necessary, it is the teacher’s responsibility to request permission of the appropriate building principal.

 

3.        The School Committee shall reserve the right to alter the starting time up to thirty (30) minutes and correspondingly adjust the departure time to maintain the same total school day, provided that students are not released after 2:45 p.m.

 

Grades K-6

 

1.        A teacher should be in his/her respective building/duty station at 8:15 a.m.

 

2.       Teachers shall be required to remain at work not more than one forty-five (45) minute period per week for the sole purpose of aiding students, parent meetings and faculty activity.  If no student returns or there is no parent meeting or faculty activity, the teacher may leave after thirty (30) minutes.   The day that teachers will remain will be determined in conjunction with the individual teacher and appropriate building principal on a departmental/grade basis.  On three (3) other days teachers will remain for thirty (30) minutes and may leave after fifteen (15) minutes if no student returns, or there is no parent meeting or faculty activity.  On Fridays, the day before holidays, and on days when teachers must return to school at night for school activities, teachers

 

 

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            may leave five (5) minutes after student dismissal.  When an earlier departure becomes

            necessary,  it is the teachers’ responsibility to request permission of the appropriate building

            principal.

 

3.       The School Committee shall reserve the right to alter the starting time up to thirty (30) minutes and correspondingly adjust the departure time to maintain the same total school days, provided that students are not released after 2:45 p.m.

 

Secondary 7-12

 

1.        No grade 7 and 8 teacher will be required to have more than an average of five (5) teaching periods per day.   A teacher may volunteer for a 6th class.  The pupil load of all teachers with five (5) teaching periods shall not exceed one hundred forty (140) pupils and for teachers with six (6) teaching periods, shall not exceed one hundred fifty-nine (159) pupils.   In grades 9-12, a joint committee of Association and Administration representatives shall continue to develop an alternative to block scheduling and the pilot program developed by such group and ratified by both parties shall be implemented with the 2012-2013 school year.

 

2.       The above maximum does not apply to music, gym, guidance, special education, home economics (life skills) or industrial arts (technology education).

 

3.       Duties of Department Heads will be covered in the job description.

 

4.       One (1) faculty meeting will be scheduled each month and will not exceed an hour in length except by mutual consent.  If the decision is to stay, then all faculty will stay.

 

5.       Teachers shall be notified in writing of any changes in their programs and schedules for the ensuing school year, the subject that they will teach and any special assignments they will have as soon as practicable.

 

6.       The class size shall not be exceeded except in emergency as determined by the Superintendent for good and just cause.

 

7.       At the high school a teacher may volunteer to teach the fourth block and will be paid a stipend of $5,000.00 for a one hundred thirty-five (135) hour course ( a block for one-half (1/2) of the year).  Other course stipends will be paid on a pro-rata of the above stipend based on the length of the course.

 

 

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Grades K-6

 

1.       All K-6 teachers will receive a total of five (5) forty-five (45) minute prep periods per week.

 

2.       A classroom teacher shall be paid at the rate of one-fifth (1/5) the daily substitute rate of pay each period the teacher is required to substitute for an absent special subject teacher.

 

3.       All teachers shall be provided a duty free lunch in accordance with past practice at the respective schools.

 

4.       One (1) faculty meeting will be scheduled each month and will not exceed an hour in length except by mutual consent.  If the decision is to stay, then all faculty will stay.

 

5.       Teachers shall be notified in writing of any change in their programs and schedules for the ensuing school year, the subject that they will teach and any special assignments they will have as soon as practicable.

 

6.       The class size shall not be exceeded except in emergency as determined by the Superintendent for good and just cause.

 

ARTICLE V – ARRIVAL AND DEPARTURE OF NURSES

                The nurses’ work day shall consist of seven (7) hours scheduled at times to be determined by the needs of the schools to which the nurses are assigned.   Nurses shall be exempt from all non-nursing related work assignments.

 

ARTICLE VI – NON-TEACHING ASSIGNMENTS

                All non-teaching assignments now in effect (e.g. bus duty, morning duty, etc.) shall remain in effect for the duration of this Contract.  All non-teaching assignments shall be distributed equally.  Three (3) teachers shall be on duty to supervise incoming students upon arrival in the morning and to supervise bus pupils at the high school.

 

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ARTICLE VII – PARENTS’ NIGHT

                One (1) night per year is set aside when parents are invited to visit the school with the teachers to discuss the progress of their children.  On that day, teachers shall be dismissed at the same time as the students.  The parent program will be scheduled for two and one-half (2 ½) hours.  If there is a further need to discuss a problem with a teacher, an appointment can be made for a later time.  Additional time for parent conferences may be scheduled by providing compensatory time with release-time schedules during the school year.  In both formats, the actual parent program shall be determined individually at each school.  At the secondary level (grades 7-12), an additional night will be set aside each year for a parent program.

 

ARTICLE VIII – POLICY FOR COOPERATING TEACHERS AND MENTORS

1.        Cooperating teachers shall approve the taking of a student teacher and this practice is voluntary.  It is understood that the cooperating teacher shall be in the classroom the majority of the time during the student teaching and the prime consideration is the educational progress of the class.   The cooperating teacher is entirely responsible for the class, including student grades.  The cooperating teacher, principal and department head will supervise the student teacher.

 

2.        The student teacher shall observe for at least one week before teaching and shall be available for other assignments such as assisting in the building duty rotation, cafeteria, and study hall.  The student teacher shall not be used to cover detention/suspension hall.  The student teacher shall be paid when used as a substitute.

 

3.       A newly hired teacher shall be assigned to a certified mentor teacher for the duration of one school year.  The mentor teacher shall be compensated with an annual stipend of $900.00 for each teacher assigned, inclusive of a minimum of thirty (30) hours of supervision which shall be documented.  Such stipend will be paid at the conclusion of the school year.

 

ARTICLE IX – TUTORING

1.        No teacher is allowed to tutor for private payment any student in any of his/her classes unless approved in writing in advance by the Superintendent, and it is not advisable to do it for any pupil in the building.

 

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2.       If a parent consults you about tutoring for a pupil, advise him/her that there is an approval list of tutors in the Pupil Services Department office.  You may suggest a tutor if you know he/she is on the approved list.  It is always well to inform the principal of any pupil in your class who is having tutoring.

 

3.       A teacher may tutor a student in his/her class in cases where the student is absent for a prolonged period and the tutoring is paid for by the District.

 

ARTICLE X  - PROFESSIONAL DEVELOPMENT

                The parties agree to form a Professional Development Committee.  This Committee shall have as it purpose the planning of Professional Development training of all teaching staff.  The Committee shall be made up of five to eight (5-8) volunteer teachers representing grades K-4, 5-8, 9-12, special education and special subjects (e.g. art, music, etc.).  Up to four (4) administrators may also serve on the committee.  All meetings shall occur at the conclusion of the school day.

                The Committee shall be responsible for receiving proposals for professional development from groups of teachers or administrators.   These proposals shall be for training sessions, consultant/speakers or specialized materials that are applicable to particular age-groups, learning needs or subject areas.  Department Heads, Teachers, Curriculum Coordinators, Program Directors, and Administrators may submit proposals to the Committee for training that is appropriate for staff members in particular departments or programs.

                The Professional Development Committee will present all proposals for staff development to the Superintendent.  These proposals may be designed in cooperation with neighboring districts or other appropriate private and public agencies.  Final approval of all proposals shall be at the full discretion of the Superintendent.

                The Committee shall publish a list of professional development activities along with descriptions thereof, and scheduled dates and locations.  Individual department heads, program directors, and building administrators may offer individual staff members selected optional training sessions.

                All members of the bargaining unit shall be eligible to be reimbursed for one (1) college level course each year.  Those members in any post –graduate program shall be eligible for reimbursement for two (2) college level courses in the program each contract year.   The amount of reimbursement for each course shall be the current rate established by Worcester State College for a three credit graduate level course.   In order to be reimbursed, a teacher must obtain a minimum grade of “B” in a graduate course.

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ARTICLE XI – TEACHER/NURSE ABSENCE POLICY

1.        Condolence time of up to five (5) school days will be allowed to any professional employee upon the death of an immediate family member (father, mother, son, daughter) or person living in the household.  Condolence time up to three (3) school days shall be allowed to any professional employee upon the death of a near relative (brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandchild).  This time shall not be deducted from sick leave.

 

2.       Two (2) days leave with pay shall be granted to any professional employee who is absent due to the death in the family other than immediate relatives.  (This shall include the following relatives of the employee: grandparents, grandchildren, aunts, uncles, nieces, nephews, sister-in-law, brother-in-law, ex-spouse and first cousin).  In addition, members would have the option to use up to one (1) personal day during the mourning period, but limit is not to exceed three days.  This time shall not be deducted from sick leave.

 

3.       In case of a death of a husband or wife maintaining a home together, ten (10) school days shall be allowed.  This time shall not be deducted from sick leave.

 

4.       In case of a death of any other member of the teacher’s/nurse’s family or that of a close personal friend whose funeral the person feels obligated to attend, the pay for a substitute only shall be deducted from the member’s pay if the member must stay out for the day.  The Superintendent’s approval is required.

 

5.       The School Committee will allow seven (7) consecutive days absence once per school year to care for a teacher’s/nurse’s immediate family member including spouse or person living in the household who is seriously ill.  This provision is not to be allowed on an individual, daily basis,  Seriously ill is defined as “any person under the care of a doctor who is confined to a home or hospital with a life-threatening condition”.  If out of state travel is necessary, an additional day shall be granted.  Absence will be deducted from sick leave accumulation.

 

6.       Time off will be granted for persons called into temporary active duty of any unit of the United States Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session.  A teacher will be paid his/her regular salary less military pay.

 

7.       In the event of absence for any other reasons, there shall be deducted 1/180th or 1/181st after 2002 of the annual salary per day.

 

 

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8.       Each teacher/nurse is responsible for calling his or her immediate supervisor if absence on a normal day is necessary.

 

9.       The Committee will compensate teachers/nurses called to jury duty at their per diem rate of pay for the first three (3) days.  If the teacher/nurse continues on jury duty longer than three (3) days, the employer will pay the per diem less court payment, exclusive of any mileage reimbursement.

 

10.   Teachers/nurses who are subpoenaed or summoned to court in circumstances which are beyond their control will be granted time off without loss of compensation for such purposes.

 

ARTICLE XII – SICK LEAVE PLAN

1.        Sick leave will be accumulated at the rate of one and one-half (1 ½) days per month to a maximum of fifteen (15) days per year.  The maximum number of days that can be accumulated under the terms of this contract period will be one hundred-eighty (180).  After a professional status teacher uses all of his/her sick leave, the pay of the substitute will be deducted from his or her pay for each successive sick day up to a period of one  (1) year (no more than one hundred-eighty (180) days.  Any procedure ordered by a doctor may be taken as a sick day provided the procedure could not be scheduled outside of school hours.

 

2.       There will be a deletion of one (1) day from the accumulation for each sick day.  Each year a teacher/nurse begins with the accumulation adjusted for sick days.

 

3.       A doctor’s certificate could be required for personal illness of five (5) or more consecutive days or eighty (80%) percent of the school days in any period more than two (2) weeks but less than two (2) months.

 

4.       Upon retirement a teacher/nurse shall receive thirty-two ($32.00) dollars for each day of accumulated sick leave over seventy-five (75) days not to exceed two thousand five hundred sixty ($2,560.00) dollars.  A minimum of ten (10) years of consecutive service in the Spencer-East Brookfield Regional School District (previous employment time in Spencer or East Brookfield will be applied) is required for eligibility.

 

5.       Prior to October 1 of each school year, each teacher/nurse shall be given upon request, a written statement showing the number of days of accumulated sick leave to his/her credit as of the beginning of the current school year.

 

6.       Teachers may use up to a maximum of five (5) sick days per year to attend to the illness of an immediate family member.

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ARTICLE XIII – PERSONAL DAYS

     All members of the bargaining unit shall be entitled to three (3) personal days with pay in accordance with the following:

1.        Reasons for personal leave shall be:

a.        Compelling religious reason

b.      Personal business

c.       Household/family reason

d.      Medical reason

 

2.        Personal days are intended for events which cannot be taken care of during non-school time.

 

3.       Requests must be given to the Superintendent’s Office at least twenty-four (24) hours in advance, except in emergency.  In the event of an emergency, written requests shall be made no later than the second day following the return.  All requests must be approved by the Superintendent or his/her designee.

 

 

4.       The parties agree that personal days are not intended to extend a vacation or holiday period, however, this doe not preclude use of personal days in accordance with 1. A-d above.  In cases where a staff member is on vacation and return is delayed due to unforeseen circumstances beyond the control of the teacher, a personal day may be used.  Documentation of the circumstances may be required.

 

 

5.       The administration shall be entitled to determine approval/disapproval of each request based on contractual provisions.  This shall include questions to ascertain information in the following manner:

 

 

a.        Is the association member to receive non-school compensation during personal day time?

 

b.      Is the personal day an extension of a holiday/vacation purpose?

 

 

6.        The administration shall continue to use the current Personal Day Request Form to convey information from level to level upon which approval/disapproval is based.

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7.       Individuals are not required to write reasons on the Personal Day Request From for approval, and may be advised by the SEBTA not to do so.  However, each person shall maintain their individual rights in this regard.

8.       Any unused personal days will be converted to sick days at the conclusion of the school year.

Other Absences

1.        When personal days have been exhausted, teachers/nurses shall receive their per diem rate of pay less substitute’s pay for an absence(s) approved by the Superintendent.

2.       In the event the Superintendent does not approve an absence for payment in accordance with the  1. above, the Superintendent may grant a day(s) off with loss of pay (1/180th of the annual salary or 1/181st after 2002).

Maternity Leave

1.        Childbearing Leave

 

a.        A teacher/nurse who becomes pregnant shall notify the Superintendent of Schools in writing no later than three (3) months before the leave is to commence, but not less than thirty (30) days, except in cases of emergency, prior to her anticipated date of departure.

 

b.      The pregnant member may continue in her assigned position as long as her physical condition and ability to perform her assigned duties allow.  The Superintendent may require such medical evidence of the member’s ability to continue employment.

 

c.       Under Section 1.a, a member who desires to return as soon as possible after termination of pregnancy will be allowed up to eight (8) weeks’ leave and will be guaranteed the same or equivalent position held at the time the leave commenced.  The eight (8) week period shall be eight (8) calendar weeks in its entirety;  the eight (8) weeks shall not begin prior to eight (8) weeks before the predicted date of birth.  In the event birth takes place during a vacation when the member is not on leave, the eight (8) week period will commence from the date of termination of pregnancy.

 

The member who is pregnant and is physically unable to work due to disability connected to pregnancy, may use her accumulated sick leave to cover those days when she is disabled and unable to work.  Said time may be confirmed by her physician.

 

Said disability leave of absence shall in no event exceed a period of eight (8) weeks and shall in no event exceed the member’s accumulated sick leave.  Said disability leave shall be

 

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deducted from the teacher’s sick leave.  For those eligible under the Federal Family and Medical Leave Act, the length of leave may be up to twelve (12) weeks.

 

d.      The parties agree that these procedures will be interpreted in order to assure compliance with Federal and State (Massachusetts) laws governing maternity leave.

 

2.        Childrearing Leave

 

a.        Following the birth of a child, a full time member who has completed a full school year and who has not selected the eight (8) week option of the Childbearing Leave, shall be entitled to apply for and receive childrearing leave without pay in accordance with the provisions of this Section.  A member who has selected and used the eight (8) week Childbearing option may request an additional childrearing leave to be granted at the discretion of the Superintendent.  For purposes of this Section, the school year will be divided into two (2) semesters, one of which will be ninety (90) days and the other will be ninety-one (91) days.

 

1.       A member who gives birth during the first forty-five (45) days of a school semester will count the remaining days of the semester as a full semester of maternity leave and will be granted another full semester of maternity leave before resuming her duties.

 

2.       A member who gives birth during the last forty-five (45) days of a school semester will not count the remaining days of that semester as a full semester and will, at the member’s option, be granted one (1) or two (2) other full semesters of maternity leave before resuming her duties.  This clause (2.) also applies to members who give birth during the summer recess.

 

b.       Childrearing leave is available to fathers on the same terms as set forth above for mothers.

 

     A member who exercises the above will be required to take at least one (1) semester’s leave of absence, and not a lesser period than one (1) full semester, as it is the intention of this clause that no teacher shall return to her teaching duties during the middle of any semester.

     Under extraordinary circumstances the School Committee may approve a request for an extension of leave time.

c.        An adoptive parent shall also be eligible for the benefits under this Section.

 

 

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d.      While on leave, a member may continue her coverage in the district’s health insurance

 program , provided the teacher pays the entire cost thereof.  Personal days, and other fringe benefits will not apply while on such leave.

 

e.       A member returning from such leave will be assigned to the same position which she held at the time said leave commenced or, if that is not practical, to a substantially equivalent position for which said member is qualified.

 

f.        A member returning to the system following approved leave, shall advance to the next step of the salary schedule in a subsequent school year, provided she had served in her position for ninety-one (91) or more days during the school year in which her leave commenced.

 

g.       At the time of a member’s withdrawal for maternity leave under clause a.1. and 2., she will be paid on the percentage of the school year that she has completed.   Members returning from such leave will be paid on a school year based on one hundred eighty one (181) days.

 

h.      The member will notify the Superintendent/Principal in writing of her intention to return to her job by December 1 in the first semester (for second semester return) or by April 1 in the second semester (for September return).

 

ARTICLE XIV – LEAVE OF ABSENCE

                Leaves of absence for professional improvement and other reasons shall be granted in accordance with the following:

1.        All leaves of absence are subject to approval in advance by the Superintendent.

 

2.       Leave of Absence shall not exceed one (1) school year.  The Superintendent, at his discretion, could allow an extension of this period.

 

3.       Employees requesting leaves of absence must be professional status teachers/nurses with four (4) years of experience in the school district.

 

4.       A member on leave will not return during a school year except by approval of the Superintendent.

 

5.       A member returning from Professional Improvement Leave will be placed on the salary schedule one step higher than he or she was on prior to leaving and will be given credit on salary schedule for professional improvement courses taken during leave of absence.

 

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6.       No salary will be paid during Leave of Absence.

 

7.       Employees on leave of absence for reasons other than professional development will not upon return be paid an increment for the year of leave.

 

ARTICLE XV   - PROTECTION

1.        Teachers/nurses shall immediately report to their principal in writing all cases of assault suffered by them in connection with their employment.

 

2.       Whenever a teacher/nurse is absent from school as a result of personal injury compensable under the Mass. Workmen’s Compensation Laws, and caused by an assault arising out of and in the course of his employment,  he/she shall be paid his full salary for the period of such absences for up to one (1) calendar year without having such absence charged to the annual sick leave or accumulated sick leave.  Any amount of salary payable pursuant to this Article XV shall be reduced by the amount of any workmen’s compensation award for disability due to the said assault injury for the period for which said salary is paid.  The Committee shall have the right to have the teacher examined by a physician designated by the Committee for the purpose of establishing the length of time during which the said teacher is disabled from performing his duties; and in the event that there is no adjudication in the appropriate workmen’s compensation proceeding for the period of disability, the opinion of said physician as to the period of disability shall control the period.

 

 

ARTICLE XVI – TEACHER/NURSE EVALUATION

 

Section A.   All monitoring and/or observation of the work performance of a teacher/nurse

                     will be conducted openly and with full knowledge of the member.  Members will

                     be given a copy of the evaluation report prepared by their superiors and will  

                     have the right to discuss such reports with their superiors.  A space shall be

                     provided on the evaluation sheet for comments.

 

Section B.   Any formal, written complaint regarding a teacher/nurse made to any member

                     of the administration by any parent, student or any person will be promptly

                     called to the attention of the individual.

 

Section C.  In the case of an evaluation report regarding instructional performance, the

                    person or persons making the report must have observed the teacher in

 

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                        classroom performance at least once and offered constructive criticism, if

                      necessary to assist the teacher to improve teaching.

 

Section D.  All non-professional status teachers/nurses shall receive a copy of their

                    evaluation reports placed in their file within ten (10) school days of each

                    evaluation.  The ten (10) days begin at the date the teacher and supervisor sign

                    the evaluation.

 

Section E.  Members will have the right, upon request by appointment with the

                    Administration, to review the contents of their personal file, excepting however,

                    any confidential references given at the time of their employment.  At the

                    member’s request, a representative of the Association may accompany the

                    individual in such review.

 

Section F.  A member of the bargaining unit shall be entitled to have a representative of the

                   Association, if he/she chooses, when he/she is required to meet with

                   Administrative personnel for an alleged infraction of discipline or delinquency in

                   professional  performance.  “The members bear the responsibility of choosing an

                   Association representative, and failure to choose shall not be subject to grievance

                   or arbitration procedures.”  Members will be given twenty-four (24) hour notice

                   of such meetings, except for good cause to resolve critical incidents/emergencies.

 

Section G.  No member will be disciplined, dismissed, reduced in rank, compensation or

                    deprived of any professional advantage without just cause.  The parties agree

                    that this provision does not apply to the non-reappointment of nonprofessional

                    status teachers.

 

Section H.  No material derogatory to a member’s conduct, service, character or personality

                    will be placed in his personal file unless the teacher has had the opportunity to

                    review the material.  The member will acknowledge that he has had the

                    opportunity to review the material by affixing his signature to the copy to be filed

                    with the express understanding that such signature in no way indicates agree-

                     ment with the contents thereof.

                                       

                                        The member will also have the right to submit a written answer to

                                        such material and his answer shall be reviewed and signed by the

                                        Superintendent of Schools and attached to the file copy.  Such

                                        signature of the Superintendent shall not necessarily mean

                                        concurrence with such member’s written answer.

 

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Section I.    Evaluations shall be conducted only by school personnel assigned evaluation

                     responsibilities in their job descriptions.

 

Section J.   Each non-professional status teacher shall be evaluated annually as follows:

                     A  minimum of two (2) formative classroom evaluations shall be completed by

                     March 15, a self-assessment form shall be completed by the teacher by March

                      15, and one (1) summative evaluation shall be completed by the principal or

                     his designee, and a conference shall be held by the first week in June. 

                       

                        Each professional status teacher shall be evaluated biannually in the applicable

                        year as follows:  One (1) formative classroom evaluation shall be completed

                        between October 1 and December 15, a self-assessment form shall be

                        completed by the teacher by March 15, and one (1) summative evaluation shall

                        be completed by the principal or his designee and a conference shall be held by

                        the first week in June.  Additional formative classroom evaluations are required

                        if two (2) or more negative blocks (“Needs Improvement” or “Unsatisfactory”)

                        are checked.  Additional evaluations may be made at the discretion of the

                        evaluator if a need as described in the preceding sentence is determined, or at

                        the request of the teacher.

 

                        It is understood that the above mentioned forms constitute the total evaluation

                        for a given year.  The evaluations will be reviewed by the Superintendent and

                        placed in the staff member’s personnel file in the central office.

 

Section K.  All nurses shall be evaluated annually.

 

Section L.  A committee made up of three (3) administrators, four (4) teacher

                    association representatives and the Superintendent will meet to review

                   the present evaluation form.  If this committee approves a new form by a

                    two-thirds (2/3) vote and such form is ratified by the Association and the

                    School Committee, the new form will be used in the next school year

                   following ratification.

 

ARTICLE XVII – POSTING OF PROFESSIONAL POSITIONS

 

1.       Whenever any vacancy in a full-time permanent position occurs during the school

year, (September – June), it will be publicized by a posting in each school.

 

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During all months, written notice of vacancies shall be forwarded to  the home

of the SEBTA president or his/her designee.  Additionally, a notice will be mailed to

each staff member who has provided a self-addressed, stamped envelope to the

administration office.

 

2.        All qualified members will be given adequate opportunity to make application for promotional positions, and the Superintendent and/or Principal agrees to give consideration to the professional background and attainments of all applicants, the length of time each has been in the school system, recommendations and references, interview performance and other relevant factors.  The Superintendent and/or Principal agrees to interview all qualified teachers already employed by the school district.  Appointments will be made within the established or amended timelines of the Superintendent and/or Principal.  Vacancies which are not filled within the timelines shall be reposted and all currently employed teachers shall be eligible to apply or re-apply.

 

ARTICLE XVIII – TRANSFERS -  VOLUNTARY AND INVOLUNTARY

                Although the Committee and the Association recognize that the transfer of members may be necessary, they also recognize that frequent transfers can be disruptive to the educational process.  Therefore, the parties agree to the following procedures:

1.        All members shall have the right to volunteer for open positions within their certification.

All volunteers shall be interviewed by the appropriate administrator(s) prior to an appointment to the position.  All volunteers must apply in writing by the closing date for the position or within five (5) days of posting for positions described as “immediate opening” without a deadline for application.

 

2.        When transfers (voluntary and involuntary) of members from their current assignment to a new assignments are necessary, a member’s area(s) of certification, major or minor field of study, and years of service in the Spencer-East Brookfield Regional School District shall be considered in determining which member is transferred.

At the secondary level, assignment shall generally mean school and department.  At the elementary level, assignment shall generally mean school and grade level.  The parties agree that the provisions of the Section shall be at the discretion of the Superintendent from August 1 to October 1 each year unless notice of transfers was provided prior to August 1.

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3.        An involuntary transfer shall be made only after a meeting between the member involved and the Superintendent (or his designee),  at which time the member shall be notified of the reasons for the transfer.  In the event that a member objects to the transfer, the member may notify the Association of the disagreement.  The Association, after review of the transfer, may request a meeting with the Superintendent (or his designee) who will meet with the Association’s representative to discuss the transfer.

 

4.       Notice of transfer will be given to members as soon as practicable, and under normal circumstances not later than June 1.

 

ARTICLE XIX – REDUCTION IN FORCE

1.        The Superintendent retains the right to reduce the number of teachers/nurses on staff.  Said reduction shall be accomplished in the following manner.

a.        Attrition

b.      By Laying off nonprofessional and part-time personnel

c.       Members shall be laid off in the inverse order of their hiring within a category as provided in Section 3.,except that a junior teacher in a category may be retained if there is a conflict with the relevant demonstrated educational needs of the system.  The educational needs of the system refers to classroom or instructional matters.

 

2.        Seniority is defined as a teachers’ length of continuous employment (not hiring) as a paid teacher.  Credits towards seniority shall only include years of service in the Spencer-East Brookfield Regional School District, the Spencer Public Schools, the East Brookfield Public Schools or any combination thereof.

 

a.        For purposes of this Section, only paid leaves of absence and Superintendent approved professional development leaves, as of 9/1/91, will count toward seniority.  However, both paid and unpaid leaves of absence will not be construed to break active service.

 

b.      The rights set forth herein shall not affect the right of the Superintendent to dismiss a teacher whenever an actual decrease in the number of pupils in the schools occurs or if the Region renders such action advisable.  The need for such action shall not be subject to the Grievance and Arbitration procedures of the Contract.

 

c.       In case a decrease in the number of pupils in the schools of the Region renders advisable the dismissal of one or more teachers, a professional  status teacher shall not be dismissed if

 

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there is a nonprofessional status teacher whose position the professional status teacher is qualified to fill.

d.      Any teacher so affected by a reduction in staff shall be notified in writing no later than June 15th of the school year preceding the year in which the reduction will take place.  Said notification will include a statement that the reason for dismissal is the reduction of the number of teaching positions.

 

e.       If a teacher who is certified changes or moves from one teaching assignment to another, the seniority of such teacher shall be seniority within the system.

 

f.        Any person who teaches more than fifty (50) percent of the time shall be considered a teacher for Reduction in Force purposes and shall be governed by these provisions.

 

g.       Members who have been laid off shall be entitled to recall rights for a period of two (2) years from the effective date of their respective layoffs.  It is understood that any person who is laid off at the end of the school year and/or between the end of the school year and the start of the next school year, shall have his or her recall rights cease two years from July 31st following the last day of school during which they last taught.  A teacher must hold proper licensure in the area of the vacancy in order to receive notice of a recall and to be recalled to a vacant position.   It is the laid off teacher’s responsibility to keep the District appraised of his/her licensure status.  During the recall period, members shall be notified by certified mail to their last address on record, and given preference for positions as they develop in the inverse order of their respective layoff, and all benefits to which a member was entitled at the time of the layoff shall be restored in full upon re-employment within the recall period.  Preference will be valid no longer than fifteen (15) days after the mailing date of this notice.  During the recall period, members who have been laid off shall be given preference on the substitute list if they so desire.

 

h.      Laid off employees may continue group Health and Life Insurance coverage during the recall period as provided by the Superintendent to members of the bargaining unit by reimbursing the Superintendent the total premium cost.  Failure to forward premium payments to the Superintendent or refusal to return to employment upon recall will terminate this option.

 

 

 

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3.        Categories referred to in Section 1.c.:

 

a.        K-6

b.      7-12

c.       Specialists – Art, Music, Physical Education, Guidance, Pupil Services, Library

d.      Chapters 1 and 6 (seniority limited to service in the category unless the teacher has had service in Categories 1, 2 and 3

 

4.        A joint committee with equal representation of the Association and Administration shall be formed to develop an updated list of categories under paragraph 3 of the Article which accurately reflects current course organization and certification categories and ratified by both parties.

 

ARTICLE XX - GRIEVANCE PROCEDURE

                The purpose of the procedure set forth hereafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by 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; and nothing in this contract shall prevent any such employee from individually presenting any grievance of the employee.

                Any apparent injustice in non-teaching assignments may be subject to grievance procedure in which case the regular grievance process will be waived  and it will reach Level 5 of the grievance procedure within a period of fifteen (15) school days (not applicable to nurses).

                Nothing under the grievance procedure shall prevent the Professional Rights and Responsibilities Committee or School Committee from instituting a grievance against any individual.

Level One

The aggrieved employee shall discuss the grievance with a member of the Professional Rights and Responsibilities Committee of the Association.

Level Two

If not disposed of to the employee’s satisfaction by such discussion, the grievance shall be presented written and dated by the employee and a member of said Committee to the appropriate intermediate

 

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supervisor of the employee.

Level Three

If at the end of ten (10) school days next following such presentation the grievance shall not have been disposed of to the employee’s satisfaction, the employee may, within five (5) school days thereafter, file with the President of the Association and the Chairman of its Professional Rights and Responsibilities Committee a written statement of grievance.  Within five (5) school days thereafter, such statement shall be reviewed with the employee by the said President or Chairman, and if after such review the employee shall so desire, the grievance shall forthwith be presented in writing by the employee and the President or Chairman to the Superintendent, who shall, within ten (10) school days thereafter, meet with the said President or Chairman in an effort to settle the grievance.

Level Four

If at the end of the twenty (20) school days next following such presentation to the Superintendent the grievance shall not have been disposed of to the employee’s satisfaction, the said President and Chairman shall notify in writing the employee’s desire to have the grievance presented to the School Committee; and within five (5) school days following receipt of any such notice the Professional Rights and Responsibilities Committee of the Association shall meet with the said President and employee to decide whether or not the Association shall present the grievance to the School Committee.  If the Professional Rights and Responsibilities Committee shall so vote, the grievance shall forthwith be presented in writing by the Association to the School Committee who shall meet with the Professional Rights and Responsibilities Committee, and said President, and the employee in an effort to settle the grievance.  Level Four shall apply only as to grievances within the jurisdiction of the School Committee, as determined by the School Committee.  In the event that the School Committee notifies the Association that a grievance is not within its jurisdiction, the Association shall be entitled to proceed to arbitration pursuant to the provisions of Level Five below.

Level Five

If at the end of the twenty-five (25) school days next following presentation of the grievance in writing to the School Committee the grievance shall not have been disposed of to the satisfaction of the Professional Rights and Responsibilities Committee of the Association, and if the grievance shall involved the interpretation or application of any provision of this Contract, the Association may, by giving written notice to the School Committee within the ten (10) school days next following conclusion of such period of twenty-five (25) school days, present the grievance for arbitration;  in which event the School Committee and the Association shall forthwith submit the grievance to the State Board of Arbitration and Conciliation for disposition in accordance with the applicable rules of the said State Board of Arbitration and Conciliation.  The expenses of such arbitration shall be shared equally by the School Committee and the Spencer-East Brookfield Teachers’ Association, and the award made shall be final

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and binding upon the School Committee, Association, and aggrieved employee.

 

Miscellaneous

1.        If at the end of the 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 Two of the procedure set forth in the grievance section above, the grievance shall be deemed to have been waived;  and any grievance in course under such procedure set forth in the grievance section above, the grievance shall be deemed to have been waived;  and any grievance shall 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 said grievance section.

 

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

 

3.       No written communication, other document, or record relating to any grievance shall be filed in the personnel file except a summary of the decision maintained by the School Committee of the Spencer-East Brookfield Regional School District for any employee involved in presenting such grievance.

 

4.       Failure at any step of this procedure to communicate the decision on a grievance within the specified time limited shall permit the aggrieved employee to proceed to the next step.  Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

 

5.       Any decision, course of conduct, or other action which becomes the subject of a grievance shall not be stayed pending the processing of the grievance except with the written consent of the Superintendent or the Committee.  A decision at any level of the procedure in favor of the aggrieved person, however, shall provide appropriate restitution or other remedy for the period during which the grievance is suffered.

 

 

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ARTICLE XXI – SYSTEM OF PAYMENT

                Teachers’ salaries will be paid on the basis of twenty-six (26) payments.  Each teacher has the option to select the method of payment he/she desires.  Once a teacher selects a payment schedule, he/she cannot change this option during the school year.  A teacher being paid on the basis of twenty-six (26) payments may, if  he/she desires, receive the balance of salary earned as of June 30th.  Employees shall provide notice of payment choice upon the signing of their individual contracts each year.

 

ARTICLE XXII – TRAVEL

                All itinerant members, when using their vehicles for travel related to their employment, shall be compensated at the rate established by the IRS.

 

ARTICLE XXIII – INSURANCE

1.        Employees shall have the opportunity to join such health insurance program as may be offered by the Region, as well as a life insurance program providing fifteen thousand ($15,000) dollars coverage.

 

2.       Effective May 1, 2011, the plan design attached hereto as Exhibit A shall be implemented with employee contribution as follows:

 

a.        All employees who started work on or after the first day of the 2007-2008 school year shall pay 25% of the premium.

b.      Employees who started work prior to the 2007-2008 school year shall pay 20% of the PPO Plan.

c.       Employees who started work prior to the 2007-2008 school year shall pay 15% for the HMO plans.

 

3.        Any dividend shall not be shared.

 

4.       Unit members on leave have the option to remain in the group by paying the total cost of the plan to the Regional School District.

 

 

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5.       The Regional School District shall contribute to the cost for Health Insurance as provided by the State of Massachusetts Retired Municipal Teachers Program in accordance with M.G.L.

Chapter 32B, Section 11.E and Chapter 32A, Section 12.  The Committee will provide Life Insurance in the amount of fifteen thousand ($15,000.00) dollars.

 

6.        Pursuant to the Provisions of Chapter 697 of the Acts of 1987 (the Public Employee Pension Reform Act) effective January 12, 1988, the Spencer-East Brookfield Regional School Committee has made the necessary changes in its payroll procedures to allow employee contributions to health insurance, group life insurance, long-term disability and other forms of insurance (where appropriate) to be paid with pre-tax earnings, effective 1/1/90.

 

7.       Notwithstanding the zipper clause on page 30 of this Contract, the Association and the Committee agree that subsequent to the Execution and Ratification of this MOA but prior to April 30, 2005, the parties may upon mutual written agreement reopen this Contract for the sole purpose of discussing health insurance coverage and premium contribution.

ARTICLE XXIV – PAYROLL DEDUCTIONS

There are three compulsory salary deductions:

1.        Withholding tax retained by the Director of Internal Revenue as payment on the Federal Income Tax for the current year.  The amount is determined by the salary figure and the number of dependents.  A withholding slip must be signed by the member and filed with the Payroll Office.

 

2.       Withholding tax retained by the Massachusetts Department of Revenue.

 

3.       State Retirement Fund rates for payroll deductions are as follows:

  Membership :  Prior to January 1, 1975                                 5%

  Membership:  January 1, 1975 – December 31, 1978      7%

  Membership: January 1, 1979 – December 31, 1983       7% of monthly compensation up to $2,500

                                                                                                                9%  of monthly compensation in excess of

                                                                                                                $2,500

 

Membership:  After January 1, 1984                                        8% of monthly compensation up to $2,500

                                                                                                                10% of monthly compensation in excess of

                                                                                                                $2,500

 

Membership:  After July 1, 2011                                                                11%

(For those school districts who compensated on a 10 month basis, the figure should read $3,000)

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4.        If a member elects to participate in the Health Insurance and/or Life Insurance Programs, the cost of insurance benefits will be withheld from his/her salary twice each month.

 

5.        Teachers electing to have deductions made for the payment of professional dues to the Spencer-East Brookfield Teachers’ Association, the Massachusetts Teachers’ Association and the National Education Association, may have such payments deducted upon request.  Payments will be deducted on a biweekly basis.

 

6.       Tax sheltered annuities are available.  All current annuity plans in effect as of June  30, 1995 will be maintained by the District; however, no new plans will be added.

 

ARTICLE XXV – RESIGNATION

                Except in an emergency, at least thirty (30) days notice shall be given in case of resignation to accept a new position and in no case shall a member ask for, or the Superintendent accept, a resignation between August 1st and October 1st of any school year.

 

ARTICLE XXVI – RETIREMENT

1.        Membership in the State Teachers’ Retirement System is required for all teachers employed on a full-time basis.  State Retirement Fund rates for payroll deductions are as follows:

Membership:  Prior to January 1, 1975                                                    5%

Membership:  January 1, 1975 to December 31, 1978                       7%

Membership: January 1, 1979 to  December 31, 1983                       7% of monthly compensation up to

                                                                                                                                $2,500

                                                                                                                                9% of monthly compensation in excess

                                                                                                                                of $2,500

Membership:  After January 1, 1984                                                        8% of month compensation up to

                                                                                                                                $2,500

                                                                                                                                10% of month compensation in excess

                                                                                                                                of $2,500

Membership:  After July 1, 2001                                                                                11%

 

(For those school districts who are compensated on a 10 month basis, this figure should read $3,000).  Voluntary retirement for superannuation is permitted at the age of 55 without full pension allowance, and at the age of 65, with full allowance.

 

 

 

 

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2.        Further information may be obtained by writing to the Teachers’ Retirement Board.

 

3.        Any member of the Massachusetts Teachers’ Retirement Board in the employ of the Spencer-East Brookfield Regional School District who has ten (10) years of service and has made final plans to retire has the option of the following two plans:

 

a.        A ten (10%) percent increase in the rate of base salary, not including extra duties and/or coaching assignments, effective September 1st of the final year of service.

 

An employee must notify the Superintendent of Schools of his/her desire to receive the 10% increase on or before January 1st prior to the last full school year (last contract).

 

Beginning with those teachers who file for retirement during the 2006-2007 school  year or  any time thereafter, the ten (10%) percent salary increase which is referred to herein will only be payable to those persons who retire after the conclusion of the school year, before the beginning of the next school year or at the end of the first half of the school year (end of first semester).

 

b.       During the last three (3) years of employment, those employees who have ten (10) years of service and plan to retire shall receive an additional 3.5% increase in their base salary in the first and second year, and 3% in the third year.

 

Employees must notify the School Department of their intent to exercise their rights in accordance with this provision by January 1 of the year preceding the first 3.5% increase.

 

Selection of this Section 3.b. is irrevocable once payment is made in accordance with this provision.

 

4.        Eligible staff members who retire as a result of poor health will not be required to provide the notification requirement in 3.a. above, provided his/her letter of retirement is accompanied by a doctor’s certificate verifying his/her poor health.  Such medical notification may be confirmed by the District

 

Eligible staff members who have received an increase in accordance with 3.b. above and are required to retire because of poor health shall receive the difference between what they have received and ten (10%) percent of their base salary at the time of retirement.  An employee must provide a doctor’s certificate verifying his/her poor health and such verification may be confirmed by the District.

 

5.        Once notice to retire has been made and payment begun under Section 3, the retirement date cannot be changed except for medical reasons as provided in the Contract.

 

 

 

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ARTICLE XXVII – NURSES

 

1.        Nurses shall be paid their per diem rate of pay for every day worked after the school year compiling immunization certification information

 

2.       Each nurse shall be covered by a liability insurance policy at the expense of the School District.

 

3.       By August 30, 2007, the District shall increase the number of nurses working in the District from four and one-half (4 ½) to five and one-half (5 ½).

 

ARTICLE XXVIII – SCHEDULE CHANGES

 

1.        As of September 1, 1985, courses to be applied to the Salary Schedule must be courses which have been approved in advance by the present or former Superintendent.

 

2.       Any teacher who already has the necessary full or partial credits toward any of the Salary Schedule columns will be allowed to apply these credits on the Salary Schedule.  Courses must have been completed prior to September 1, 1985 with a minimum grade of C unless pass/fail is the only grading option.

 

3.       Teachers who achieve schedule changes will be placed on their proper step in September and in February – first payday of the month.  Courses must be completed by September 1 and February 1 in order for the schedule change to be implemented unless class cancellations or other exigencies cause the course to be extended beyond September 1 and February 1.

 

4.       Professional Development for credit will be encouraged, but will not be compulsory.  All professional development courses for credit must be approved in advance by the Superintendent.

 

5.       Annual increments will not be withheld except for just cause.

 

6.       The policy concerning credit for previous teaching experience shall be determined by the Superintendent.  Any teacher with experience in other school systems shall receive credit from one (1) to ten (10) years at the discretion of the Superintendent.

 

7.       The pay of substitutes shall be determined by the Superintendent.

 

 

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8.       Courses to be applied to the Master (+) schedules must be approved courses taken after the award of the Master’s Degree.

 

9.       At least fifty (50%) percent of the courses must be in the subject matter area of courses designed to improve the classroom methods or techniques of the classroom teacher.  Courses taken in non-teaching areas (e.g. guidance and administration) may constitute no more than fifty (50%) percent of the courses to be applied to the schedules.  The above statement will not apply to courses approved prior to September 1, 1977 nor to personnel involved in guidance or administration.

 

10.   All honorably discharged veterans (teachers and nurses) with twenty-one  (21) or more months of active military service will be allowed one additional step on the salary schedule.   In addition, any member who has served in the Peace Corp or Vista for twenty-one (21) months or more will be allowed one (1) additional step on the salary schedule.

 

11.   Longevity 11L shall be applied on the second (2nd) year of Step 11.

 

12.   Longevity 11LL shall be applied when a teacher has completed seventeen (17) years of service (non-consecutive) in the Spencer, East Brookfield and/or regional schools.

 

13.   Longevity 11LLL shall be applied when a teacher has completed twenty-two (22) years of service (non-consecutive) in the Spencer, East Brookfield, and/or regional schools.

 

14.   Guidance counselors and nurses shall receive their per diem rate of pay for all days worked in excess  of the work year (p.2) as defined when requested by and approved in advance by the School Committee/Administration.

 

ARTICLE XXIX – INCLUSION

 

1.        If an inclusionary staff person (who would be one member of the regular classroom schedule) is administratively reassigned from their regular schedule, a substitute is to be provided.  If a substitute is not provided, the per diem compensation of the reassigned teacher shall be paid proportionally to the affected teachers.

 

 

 

 

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ARTICLE XXX – ZIPPER CLAUSE

 

                The SEBTA and  Committee agree that each has had the opportunity to bargain for any provision that they wished in this Contract and each expressly waives the right to reopen for any other proposals or demands except as provided in this or other articles.  Each agrees that this Contract constitutes a completed agreement on all matters and that if other proposals have been made or considered, they have been withdrawn in consideration of this Contract.

 

ARTICLE XXXI – AGENCY SERVICE FEE

 

                Agency Service Fee and Payroll Deduction

 

A.      Members of the bargaining unit who are not members of the Association shall, as a condition of employment be required to pay the agency service fee.  Said fee shall be in the amount and be implemented as prescribed under Massachusetts General Law, Chapter 150E and the regulations of the Massachusetts Labor Relations Commission.

 

B.       The School District shall not be responsible for the implementation, collection or enforcement of the agency fee, except that it will supply any required documentation to establish that a person is a member of the bargaining unit subject to the fee.

 

C.      It is understood that the deduction of the agency service fee may be made by the School District, with the person’s written permission, through its Treasurer, pursuant to Massachusetts General Law, Chapter 180 Sec. 17b.

 

D.      The Committee agrees to have deducted by the Treasurer of the District for teachers’ salaries money for MTA, NEA and services and programs as said teachers individually and voluntarily authorize the committee to deduct and to transmit the monies in one lump sum promptly to said Association.  It is expressly understood that deductions which a teacher may authorize the Committee to take from his/her earnings will be deducted in ten (10) equal installments from ten (10) consecutive paychecks received by said teacher during the year.  The number of deductions is subject to the approval of the Treasurer or the District Treasurer.

 

ARTICLE XXXII – MCAS REMEDIATION

 

                MCAS remediation tutoring shall increase from $30 to $35 per hour, unless the grant for the tutoring indicates a different hourly rate, in which case, the hourly wage referenced in the grant shall be paid instead.

 

 

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ARTICLE XXXIII – DURATION


      This Contract shall continue in effect from September 1, 2010 through August 31, 2012 and shall thereafter automatically renew itself for successive terms of one (1) year unless by the October 1st, next prior to expiration of the contract year involved, either the Committee or the Association shall have given the other written notice of its desire to modify or terminate the Contract.

 

     The School Committee and the Superintendent are public authorities with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from or impair any power, right or regulation or any agency in the Commonwealth.  As to every matter not specifically mentioned or provided for in this Agreement, the Committee and Superintendent retain all the powers, rights and duties that it has by law and may exercise the same at its discretion without any such exercise being made the subject of a grievance or arbitration proceeding hereunder.

 

     If the negotiations reach an impasse, this Agreement shall continue in effect until such impasse shall have been resolved.

 

ARTICLE XXXIV – MANAGEMENT RIGHTS

 

The School Committee and Superintendent, subject only to the express provisions of this Agreement and state statutes, retain all rights directly or indirectly available under applicable law to organize, manage and operate the schools and educational activities of the District.

 

 

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

 

 

SPENCER-EAST BROOKFIELD REGIONAL                                 SPENCER-EAST BROOKFIELD TEACHERS’

 SCHOOL COMMITTEE                                                                       ASSOCIATION

 

________________________________________     ______________________________________

 

________________________________________     ______________________________________

 

________________________________________     ______________________________________

 

________________________________________     ______________________________________

 

­­­­­­­­­­­­­­­­­­­­________________________________________     ______________________________________

 

________________________________________     ______________________________________

 

________________________________________     ______________________________________

 

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WAGES

 

1.        FOR THE 2010-2011 SCHOOL YEAR SALARIES WHICH WERE IN EFFECT ON JUNE 30, 2010, INCLUDING STEP PLACEMENT SHALL BE IN EFFECT, EXCEPT FOR TEACHERS WHO ARE ELIGIBLE FOR LANE CHANGES.

2.       EFFECTIVE ON THE LAST DAY OF THE 2010-2011 SCHOOL YEAR, THE TEACHERS’ SALARY SCHEDULE SHALL BE INCREASED BY 1%.  TEACHERS WILL NOT BE COMPENSATED FOR THE 1% INCREASE FOR THE LAST DAY OF THE 2010-2011 SCHOOL YEAR.

3.       EFFECTIVE AT THE BEGINNING OF THE 2011-2012 SCHOOL YEAR, THE TEACHERS’ SALARY SCHEDULE SHALL BE INCREASED BY 1% AND THE TEACHERS SHALL ADVANCE ONE STEP ON THE SALARY SCHEDULE

4.       EFFECTIVE THE 91ST DAY OF THE 2011-2012 SCHOOL YEAR TEACHERS SHALL ADVANCE ONE STEP ON THE SALARY SCHEDULE, HOWEVER TEACHERS HIRED AFTER JULY 1, 2010 WILL NOT BE ELIGIBLE FOR A STEP INCREASE ON THE 91ST DAY OF THE 2011-2012 SCHOOL YEAR.

 

ATHLETIC AND EXTRA DUTIES – NO INCREASE FOR 2010-2011

 

ATHLETIC AND EXTRA DUTIES INCREASED BY 1% EFFECTIVE AT THE BEGINNING OF THE 2011-2012 SCHOOL YEAR.  LEAD NURSE STIPEND INCREASED TO $1,250.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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TABLE OF CONTENTS

                                                                                                                                                                PAGE

ARTICLE I     -       RECOGNITION CLAUSE……………………………………………………………………..          2

ARTICLE II   -       POLICY CHANGES……………………………………………………………………………..         3

ARTICLE III  -       WORK YEAR…………………………………………………………………………………….          3

ARTICLE IV  -       ARRIVAL AND DEPARTURE OF TEACHERS…………………………………………         4

ARTICLE V   -       ARRIVAL AND DEPARTURE OF NURSES…………………………………………….         6

ARTICLE VI -       NON-TEACHING ASSIGNMENTS……………………………………………………….          6

ARTICLE VII -      PARENTS’ NIGHT …………………………………………………………………………….          7

ARTICLE VIII      POLICY FOR COOPERATING TEACHERS AND MENTORS…………………….         7

ARTICLE IX -       TUTORING……………………………………………………………………………………….          7

ARTICLE X  -        PROFESSIONAL DEVELOPMENT………………………………………………………..         8

ARTICLE XI -       TEACHER/NURSE ABSENCE POLICY…………………………………………………..          9

ARTICLE XII -      SICK LEAVE PLAN……………………………………………………………………………..         10

ARTICLE XIII      PERSONAL DAYS………………………………………………………………………………         11

ARTICLE XIV -     LEAVE OF ABSENCE………………………………………………………………………….         14

ARTICLE XV -      PROTECTION……………………………………………………………………………………         15

ARTICLE XVI -     TEACHER/NURSE EVALUATION………………………………………………………...       15

ARTICLE XVII     POSTING OF PROFESSIONAL POSITIONS…………………………………………..        17

ARTICLE XVIII   TRANSFERS  (VOLUNTARY & INVOLUNTARY)…………………………………….       18

ARTICLE XIX  -    REDUCTION IN FORCE ……………………………………………………………………..        19

ARTICLE XX   -    GRIEVANCE PROCEDURE…………………………………………………………………..       21

ARTICLE XXI  -    SYSTEM OF PAYMENT……………………………………………………………………….      24

ARTICLE XXII -   TRAVEL………………………………………………………………………………………………      24

ARTICLE XXIII   INSURANCE……………………………………………………………………………………….      24

ARTICLE XXIV – PAYROLL DEDUCTIONS………………………………………………………………………      25

ARTICLE XXV   - RESIGNATION……………………………………………………………………………………..    26

ARTICLE XXVI  - RETIREMENT………………………………………………………………………………………     26

ARTICLE XXVII – NURSES……………………………………………………………………………………………..    28

ARTICLE XXVIII  SCHEDULE CHANGES…………………………………………………………………………     28

ARTICLE XXIX   - INCLUSION………………………………………………………………………………………..    29

ARTICLE XXX   -  ZIPPER CLAUSE………………………………………………………………………………….     30

ARTICLE XXXI  - AGENCY SERVICE FEE………………………………………………………………………….    30

ARTICLE XXXII  MCAS REMEDIATION…………………………………………………………………………     30

ARTICLE XXXIII – DURATION………………………………………………………………………………………      31

ARTICLE XXXIV – MANAGEMENT CLAUSE……………………………………………………………………    31

WAGES……………………………………………………………………………………………………………………….    32

TEACHERS’ SALARY SCHEDULE 2011-2012…………………………………………………………………..    33

ATHLETIC DEPARTMENT CATEGORIES…………………………………………………………………………    34

ATHLETIC DEPARTMENT SALARIES …………………………………………………………………………….     35

HIGH SCHOOL EXTRA DUTIES……………………………………………………………………………………..     36

JUNIOR HIGH/ELEMENTARY EXTRA DUTIES……………………………………………………………….      37

 

 

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