Taunton

Show detailed information about district and contract

DistrictTaunton
Shared Contract District
Org Code2930000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersBristol-Plymouth RVTSD
CountyBristol
ESE RegionSoutheast
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools15
Enrollment7920
Percent Low Income Students43
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Taunton

CONTRACTUAL AGREEMENT

BETWEEN THE

TAUNTON SCHOOL COMMITTEE

AND THE

TAUNTON EDUCATION ASSOCIATION

Effective

September 1, 2010

Through and Including

August 31, 2013

CONTRACTUAL AGREEMENT

BETWEEN THE

TAUNTON SCHOOL COMMITTEE

AND THE

TAUNTON EDUCATION ASSOCIATION

Effective

September 1, 2010

Through and Including

August 31, 2013

AGREEMENT

Pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, this Contract is made this first day of September, 2010, by the School Committee of the City of Taunton (hereinafter sometimes referred to as the "Committee" or the "Employer") and the Taunton Education Association (hereinafter sometimes referred to as the "Association").

PREAMBLE

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Taunton, and that good morale within the teaching staff of the Taunton School System is essential to achievement of that purpose, we, the undersigned parties to this Contract, declare that:

A.            Under the laws of the Commonwealth of Massachusetts, the Committee, elected by the citizens of Taunton, has the responsibility for establishing the educational policies of the public schools of the Taunton School System. Except to the extent that there is contained in this Agreement a specific provision to the contrary, all of the authority, power, rights, responsibilities, and duties of the Committee under the Laws of the Commonwealth of Massachusetts are retained by and reserved exclusively to the Committee.

B.            The Superintendent of Schools (or his/her designee) of the Taunton School System (hereinafter referred to as the "Superintendent") has the responsibility for carrying out the policies so established by the Committee.

C.            The teaching staff of the Public Schools of the Taunton School System has the responsibility for carrying out these policies so established to the end that the teachers in the classrooms of the schools will provide education of the highest quality.

D.            Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchange of views and information among the Committee, the Superintendent (or his/her designee), and the teaching staff in the formulation and application of policies relating to wages, hours, and other working conditions of employment of the teaching staff; and so, to give effect to these declarations, the following principles and procedures are hereby adopted.

ARTICLE I

RECOGNITION

A.            Recognition

The Taunton School Committee recognizes the Taunton Education Association/Massachusetts Teachers Association/National Education Association for purposes of this Agreement, as the bargaining agent and representative of all full-time and regular part-time teaching personnel and specialists, as defined in Case Number CAS-2043, including Counselors, Teaching Elementary Assistant Principals, Social Workers, Case Workers, Learning Counselors, Title I, Marketing Education Supervisor, Media Specialist, Occupational Therapist, Planetarium Director, Physical Therapists, Speech and Language Therapists, In-School Suspension Supervisor, Evening High School Teachers, Coordinator of Access Center, Permanent Substitutes, Home Tutors, Coaches, and Extra Curricular Advisors. Notwithstanding the above, any person who holds a title of Home and/or Academic Tutor, Coach, Extra Curricular Advisor, or Evening School Teacher and who does not also hold one of the other titles listed above, shall be covered by this contract solely for the purpose of wages. Excluded are the following:

All Elementary Principals, Middle School Principals, Headmaster-High School, Middle School Assistant Principals, Non-Teaching Elementary Assistant Principals, Assistant Headmaster, Associate Headmasters-High School, Subject Area Specialists, Director of Federal Programs, Title I Administrator, Title I Curriculum Specialist, School Psychologist, Supervisor of English Language Learners, and all other personnel of the Taunton School System.

NOTE: The addition of occupational therapist to this Section does not preclude the employer from obtaining occupational therapist services from outside vendors.

B.            Definitions

The term "Committee," as used in this Agreement, refers to the Taunton School Committee. The term "Association," as used in this Agreement, refers to the Taunton Education Association.

C.            Permanent Substitutes

Permanent Substitutes shall be defined as any employee temporarily hired to fill a vacancy for a period of at least sixty (60) consecutive school days in a bargaining unit position. Permanent Substitutes shall be covered by all provisions of this Contract, except for Article XII, Reduction in Force, and shall, unless otherwise provided in this Agreement, enjoy all rights, benefits, duties, and responsibilities of the Contract.

Notwithstanding the previous sentence, permanent substitutes will only be covered by the provisions of Article XII, if, in addition to having served in a position for more than sixty (60) consecutive work days, they have also been appointed to the position by the Superintendent of Schools. When employing a permanent substitute, if the Committee knows in advance that the substitute will work more than sixty (60) consecutive workdays, then the employees hired will begin to receive all contractual benefits upon hire, if certified. If the employee is not certified, then the employee will receive all contractual benefits except for salary. Salary will be paid at the rate of $100.00 per day until the employee obtains certification or a waiver of certification. Once certified or functioning under a waiver of certification, full salary, in accordance with proper placement on the Salary Schedule, will be paid retroactively to the date of employment to the employee. If the employee fails to obtain certification or a waiver of certification within ninety (90) workdays of employment, the employee may be immediately terminated. Notwithstanding the above, failure by an employee to obtain certification or a waiver of certification will not result in termination for events not within the control of the employee.

D.        Itinerant and Everyday Substitutes

Itinerant and Everyday Substitutes Teachers shall be defined as a type of employee hired in a bargaining unit position under the following conditions:

The everyday substitute will be hired for one full school year or, if hired after the school year begins for the remainder of that given school year. All everyday substitute teachers will be assigned to a school or combination of schools as determined by the Superintendent or his/her designee. Everyday substitutes are appointed for one year only. Continued services as an everyday substitute requires an annual appointment by the Superintendent.

These substitutes will be paid at a rate of $100 per day or the Retired Teacher rate, whichever is higher. Any employee holding one of these positions will be covered by the contract solely for the purpose of wages and the health insurance plan provided by the City of Taunton.

Itinerant everyday substitute teachers will be certified teachers or be in the process of becoming certified.

Itinerant everyday substitute teachers may apply for any temporary bargaining unit vacancy that becomes available during the everyday substitute's time of service. Should an everyday substitute be appointed to fill a temporary vacancy for a period of sixty (60) consecutive days, the everyday substitute will be subject to ail benefits as applied to permanent substitutes within the contract.

ARTICLE II

NEGOTIATING PROCEDURE

A.            Negotiations for Successor Agreement

1.                   Not later than ninety (90) days prior to the expiration date of this Agreement, the Committee and the Association agree to enter into negotiations over a successor Agreement in a good faith effort to reach agreement on all matters concerning wages, hours, and other conditions of employment for all professional employees covered by Chapter 150E of the General Laws of the Commonwealth of Massachusetts. Such negotiations shall begin no earlier than January 3rd immediately preceding the expiration date. Any agreement so negotiated will apply to all members of this bargaining unit, and will be reduced to writing and signed by the Committee and the Association.

2.                   Either the Committee or the Association may, if it so desires, utilize the services of outside consultants, and may call upon representatives to assist in negotiations or serve as the designated negotiator.

3.                   If these negotiations reach an impasse, as defined in Chapter 150E of the General Laws of the Commonwealth of Massachusetts, or if no agreement is reached sixty (60) days prior to the final date for setting the municipal budget, then the procedure described in that Chapter will be followed.

B.            Extent of Agreement

1.                   The Committee and the Association agree that each has exercised its right to bargain for any provision it wished to be included in this Agreement; that if either has made a proposal not included herein, such proposal has been withdrawn by mutual agreement in consideration of the making of this Agreement; and that this Agreement constitutes an acceptable agreement as to all matters upon which the Committee and the Association have bargained. Accordingly, each expressly waives any right to seek to negotiate any further demand or proposal as long as this Agreement shall continue in effect.

2.                   Nothing in this Article shall be construed to extend the coverage of this Agreement to areas not covered by express terms thereof.

ARTICLE III

NON-DISCRIMINATION AND SEPARABILITY

A.            Non-Discrimination

The Committee agrees not to discriminate against any member of the bargaining unit on the basis of race, color, creed, national origin, sex, marital status or sexual orientation.

B.            Separability

If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

ARTICLE IV

GRIEVANCE PROCEDURE

A.            Definitions

1,                   A "grievance" is defined as a complaint by an employee covered by this Agreement that he or she has been subject to a violation, inequitable application, or misinterpretation of a specific provision (or provisions) of this Agreement.

2,                   The "grievant" may be either an individual employee or a group or class of employees.

3,                   A "party in interest" is the employee or employees making the claim, the Association, and/or any employee who might be required to take action or against whom action might be taken in order to resolve the claim.

4,                   "Days" shall mean school days except during summer recess, when "days" shall mean when the Central Administration Office is open. This definition refers only to Article IV.

B.            Purpose

The purpose of the procedure set forth hereinafter 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 Agreement. The Committee and the Association desire that such procedures shall be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved.

C.            Time Limits

1.                   Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The limits specified may, however, be extended by mutual agreement.

2.                   In the event the grievance is filed on or after June 1, which, if left unresolved until the beginning of the following school year could result in irreparable harm to an employee or employees, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

D.            Procedure

Level One

The grievant will first meet with his/her principal or immediate supervisor, either directly or through the Association's school representative, to discuss the grievance with the objective of resolving the matter. If a written grievance is not initiated within thirty (30) days after the grievant knew or should have known of the act or condition on which the grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this Section will be subject to arbitration pursuant to Level Four. The principal or immediate supervisor shall render a written decision within five (5) days of the Level One meeting.

Level Two

If the grievant is not satisfied with the disposition of the grievance at Level One, the grievant may forward the grievance to the Superintendent of Schools within ten (10) days of the answer from the principal. The Superintendent or his/her designee shall meet with the grievant to discuss the grievance within ten (10) days of receipt of a written grievance and shall render a written decision within ten (10) days of such meeting.

Level Three

If the grievant is not satisfied with the disposition of the grievance at Level Two, the grievant may forward the grievance to the School Committee within ten (10) days of receipt of the Level Two decision. Within ten (10) days after receiving the written grievance, the School Committee will meet with the grievant at the beginning of the next regularly scheduled School Committee meeting for the purpose of resolving the grievance, provided that the grievance has been received at Level Three at least five (5) days prior to the meeting. Any grievance not received at least five (5) days prior to the meeting will be scheduled for the beginning of the following School Committee meeting. The School Committee shall render a written decision within ten (10) days of the meeting of the grievant.

Notwithstanding the paragraph immediately above, suspension and dismissal grievances will not be heard at Level Three. Such grievances shall proceed directly from Level Two to Level Four below, except that the notice of submission to arbitration to the Committee shall be within twenty-five (25) days of the receipt of the Level Two response.

Level Four

1.                   If the grievance has not been resolved at Level Three to the satisfaction of the Association, the Association may submit the grievance to binding arbitration by sending written notice of submission to arbitration to the Committee within fifteen (15) days of the receipt of the Level Three response.

2.                   Within ten (10) days after such written notice of submission to arbitration, the Committee and the Association will agree upon a mutually acceptable arbitrator. Said arbitrator will be bound by the Voluntary Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the Association may submit the grievance to the American Arbitration Association for disposition in accordance with their rules.

3.                   The arbitrator's decision will be final, binding, and in writing, and will set forth his/her findings of fact, reasoning, and conclusions on the issues. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law, or which is violative of the terms of this Agreement.

4.                   The cost for the services of the arbitrator, including per diem expenses, if any, and actual necessary travel and subsistence expenses, will be borne equally by the Committee and the Association.

5.                   Nothing in this Article shall be construed to extended coverage of this Agreement to areas not covered by express terms hereof.

E.        General Provisions

1.                   No reprisals of any kind will be taken by the Committee, by any member of the Administration, or by the Association against any party in interest, any school representative, any administrator, any member of the Grievance Committee, or any other participant in the grievance procedure by reason of such participation.

2.                   Any aggrieved person may be represented at all stages of the grievance procedure by a person who is of his/her own choosing, except that he/she may not be represented by a representative or an officer of any teacher organization other than the Association. When an employee is not represented by the Association, the Association shall have the right to be present to state its views at all stages of the grievance procedure, and there shall be no settlement inconsistent with the terms of this Agreement.

3.                   The decisions rendered at Levels One, Two, and Three of the grievance procedure will be in writing, will set forth the Administration and/or the Committee's position on the issues submitted, and will be transmitted promptly to the grievant.

4.                   A grievance which shall affect a group or class of employees may be initiated at Level Two within thirty (30) days after the grievant knew or should have known of the act or condition on which the grievance is based.

5.                   Failure of the Committee or its representative to answer an appeal within the time limits specified shall mean that the appeal may be taken to the next level. The above time limitations may be waived, in writing, by mutual agreement of the parties.

ARTICLE V

WORK YEAR, WORKDAY, AND WORKLOAD

A.        Work Year

1.                   The work year for teachers (other than new personnel) will begin no earlier than August 29th. However, when August 29th falls on a Friday, the work year may begin on August 28th . The school year will terminate no later than June 30th Newly appointed teachers shall, at the discretion of the Superintendent, be present for orientation and training sessions for up to five (5) days immediately preceding the start of the work year. Such attendance will be compensated at the curriculum work hourly rate.

2.                   The work year of teachers shall consist of one hundred eighty (180) school days, or the minimum number of school days required by the Commonwealth of Massachusetts, Department of Education.

3.                   The total work year shall include all school days, conference days, and any other days on which teacher attendance is required. In no event shall the total work year exceed 184 days. There will be no school for students on Election Day in November. Said day will be designated as one of the professional development days.

4.                   It is expressly agreed and understood that the work year of the High School Library Media Specialist(s) at Taunton High School and Middle and Elementary School Library Media Specialist(s) shall be the regular school year, plus ten (10) additional days when determined to be necessary by the Superintendent of Schools. The decision of the Superintendent of Schools on the ten (10) additional workdays shall be final and not subject to arbitration. If the Superintendent does not deem that the additional ten (10) days will be necessary for any school year, he shall, on or before June 15th, so notify the High School Library Media Specialist(s), Middle and Elementary School Library Media Specialist(s) in writing.

5.                   The eleven (11) month Contract shall consist of twenty (20) workdays in excess of the teacher work year. Such twenty (20) workdays shall be ten (10) workdays immediately following the close of the work year for teachers and ten (10) workdays immediately before the start of the work year for teachers unless the Superintendent of Schools gives written authorization to work some or all of said twenty (20) days at a time or times other than the ten (10) days after or the ten (10) days before the work year.

6.                   If an employee is requested by the Superintendent to work additional days beyond the employee's contract year as defined herein, and the employee accepts these additional day(s), he/she shall be compensated at the employee's per diem rate.

7.                   Administration will review the proposed school calendar with the Executive Committee of the Taunton Education Association at least two (2) weeks prior to its presentation to the School Committee. Once the calendar has been set, it will not be altered except as may be required by law.

B.        Workday

1.                   The starting and dismissal times shall be established by the Committee. In the event of any change in such starting and dismissal times, the Superintendent shall, within a reasonable time, give written notice to the President of the Association stating reasons for such a change.

2.                   The workday of the classroom teacher shall begin twenty (20) minutes before the start of instructional time, and the workday, except as otherwise provided in this Agreement, shall not exceed six (6) hours and forty-five (45) minutes.

3.                   All tasks which exceed an employee's professional responsibility (professional responsibilities being those tasks within the scope of the curriculum and classroom) shall be voluntary. All such tasks shall be evaluated by the Committee for the purpose of establishing a stipend or rate of compensation. Once set, this rate shall be posted and anyone may apply. These tasks shall not be performed during regular school hours. The Committee and the Association agree and recognize that neither shall impose any pressure to encourage or discourage employees from participation or non-participation in any of these tasks.

C.        Workload

1.             All teachers will have a duty-free lunch of at least twenty (20) minutes' duration. Present length of duty-free lunch which exceeds twenty (20) minutes shall be maintained unless there is a reasonable standard for lessening time.

Notwithstanding the above, whenever feasible, all teachers will have a duty-free lunch of at least thirty (30) minutes' duration.

2.             a.             Whenever feasible, in addition to their lunch period, secondary classroom teachers will have one (1) professional preparation period per day during which they will be assigned no other duties.

b.            In addition to their lunch period, Middle School teachers will have one (1) professional preparation period per day, during the pupil day, during which they will be assigned no other duties.

c.             All Itinerant Specialists systemwide shall be guaranteed the equivalent of a forty (40) minute preparation period. Whenever feasible, said preparation period will be scheduled as forty (40) consecutive minutes. In no event, however, shall said forty (40) minutes be scheduled in less than two (2) consecutive twenty (20) minute blocks. Notwithstanding, preparation time which presently exists for Itinerant Specialists systemwide which consists of forty (40) consecutive minutes shall be maintained. For purposes of this Section, Itinerant Specialists shall be defined as follows: Speech Therapists; Title I; Adaptive Physical Education; Learning Disabilities Itinerants; Occupational Therapists; Remedial Reading; Vision Specialists; Visual Arts; Department of Performing Arts; Physical Education and Health Specialists who travel.

d.            In addition to their lunch period, and Section 3 below, elementary classroom teachers (grades 1 through 4), special needs classroom teachers, and ELL classroom teachers will be guaranteed one (1) preparation period per day. Said preparation periods shall be for a minimum of forty (40) consecutive minutes inclusive of a five (5) minute changeover time, and shall be scheduled during the pupil day. Kindergarten teachers' preparation time will consist of forty-five (45) consecutive minutes between pupil sessions or, if full-day kindergarten, then preparation time will consist of 45 consecutive minutes. Said forty-five (45) minutes shall be inclusive of a five (5) minute changeover time. All preschool teachers will be guaranteed one (1) preparation period per day. Said preparation periods shall be for a minimum of thirty (30) consecutive minutes.

3.             There will be a fifteen (15) minute supervised period of physical activity each morning in grades 1-4. If the schedule of an individual building precludes this, the administrators may allow teachers to arrange for a supervised activity period in the classroom. Under no circumstances will a group of students have more than a twenty (20) minute supervised activity period which will allow each teacher a ten (10) minute break period.

4.                   Whenever feasible, secondary classroom teachers will not be assigned more than five (5) teaching periods per day, and their schedule will be such to assure at least one (1) professional preparation period within the daily schedule. Teaching periods shall include Science Laboratory classes. Science Laboratory classes include Biology, Chemistry, and Physics Laboratories at the academic and honors levels.

5.                   Whenever feasible, secondary classroom teachers will not be required to teach more than two (2) subjects in any given school year, nor required to have more than three (3) teaching preparations within those subjects.

6.                   Block Scheduling at Taunton High School

Notwithstanding Sections C4 and C5 immediately above, commencing with the school year 1998-1999, under block scheduling at the High School, the following conditions of employment have been negotiated and will govern:

To the extent possible, all high school teachers will teach three (3) blocks in the Fall semester and three (3) blocks in the Spring semester. If three (3) teaching blocks are not possible in certain instances, a direct/structured study will be established as the third block. Non-professional personnel will be hired for non-teaching duties including Administrative Detention. The length of a teaching block and a preparation period will be equal. All teachers will be guaranteed a preparation period each day. Teachers can not be required to substitute for more than 1/2 of the length of a teaching block, except in the case of an emergency. In the event that a teacher does substitute for the entire block, said block will be considered two (2) class periods for purposes of compensation. High School teachers may be required to attend one (1) evening meeting in each semester.

7.             a.             The Committee agrees that it will make every effort to provide substitutes when teachers are absent from class.

b.            For the Elementary and Middle School levels, in the event that a substitute cannot be obtained, the building principal may assign a teacher, as set forth below, from volunteer lists or a mandatory list to cover the class of the absent teacher. The volunteer lists will include individuals who are willing to substitute. The mandatory list will include all other teachers listed alphabetically.

At the beginning of each school year, the principal of each school shall establish two (2) volunteer lists of teachers who volunteer to substitute during the temporary absences of regular teachers. Said volunteer lists shall be posted in each building within three (3) weeks of the start of the school year.

The first volunteer list will be set up by certification areas. The second volunteer list will not include certifications.

In making assignments, the principal shall go to the first volunteer list. If there is a teacher on the first list who is certified in the area of the absent teacher, that certified teacher will be assigned to substitute. If there is no teacher on the first list who is certified and available, then the principal will go to the second volunteer list. There will be an equitable rotation of teachers on the lists.

A teacher may remove his or her name from such lists or add his or her name to the list at any time; however, it should be understood by a teacher who volunteers that if said teacher is on the volunteer list and is called upon to substitute, said teacher will be required to substitute since said teacher had made a commitment to volunteer for as long as that teacher's name remains on the volunteer list.

In the event that a substitute cannot be obtained and there is no regular teacher available on the volunteer list to cover the class of the absent teacher, then the building principal may assign a regular teacher from the Mandatory List to fill such absence. The Mandatory List shall be posted in each building within three (3) weeks of the start of the school year. There shall be an equitable rotation of assignments.

c.             For the high school level grades 9-12, in the event that a substitute cannot be obtained, the building headmaster may assign a teacher from one of two lists to cover the class of an absent teacher.

At the beginning of each school year, the headmaster shall establish two (2) lists of teachers for substitute coverage.

The volunteer list will include individuals who are willing to substitute in any department within the school.

The mandatory list will be made up of all other teachers listed in alphabetical order according to their preparation period.

In making assignments, the headmaster shall go to the volunteer list and assign a teacher to substitute for the absent teacher. If there is no teacher on the volunteer list who is available, the headmaster will go to the mandatory list of individuals who are listed in alphabetical order according to their preparation period, In making assignments from the mandatory list, the headmaster will first assign teachers who are in the department that requires coverage. Except for the previous sentence, there will be an equitable rotation of teachers on the two lists. Said lists will be published within three (3) weeks of the start of each semester.

A teacher may remove his or her name from the volunteer list or add his or her name to the volunteer list at any time; however, it should be understood by a teacher who is on the list to cover classes in any department, and is called upon to substitute, said teacher will be required to substitute since said teacher had made a commitment to cover in any department for as long as that teacher's name remains on the volunteer list.

d.            A teacher who volunteers or is assigned to teach the class of an absent teacher (including teachers who teach two (2) classes simultaneously) shall be paid additional compensation in the amount of twenty-five dollars ($25.00) for each class period or portion thereof which equals thirty (30) or more minutes. Every effort will be made not to assign teachers for less than a thirty (30) minute period.

e.             Notwithstanding the foregoing, it is agreed that when senior students in the High School are dismissed prior to the end of the regular school year, the regular teachers who had been assigned to teach such students may be assigned during what had been said teacher's regular teaching schedule for that semester to cover the classes of absent teachers. When such teachers are so assigned, they will not be paid the additional compensation provided for in Section d above. This Section also applies to field trips.

8.        Every effort will be made to ensure that itinerant teachers will only move to another school at mid-day (lunch time).

D.            After Workday Requirements

1.            Teachers may be required to remain after the end of the regular workday without additional compensation to attend the following staff meetings:

a.             Ten (10) times within the school year for the purpose of building meetings called by the school Principal.

b.             Ten (10) times within the school year for the purpose of curriculum and other meetings directed or authorized by the Superintendent's staff. An agenda will be provided for these meetings prior to said meetings.

The meetings set forth in Sections a and b above, will not exceed one (1) hour and shall commence within fifteen (15) minutes of student dismissal time except that four (4) of the meetings (one per term) as set forth in Section b above may commence within forty-five (45) minutes of student dismissal time. A five (5) workday written notice and an agenda for the meeting will be given to teachers for all staff meetings, except in cases of emergency. There will be no meetings on payday.

c.             The parties agree that the instructional responsibilities of teachers include individual help, discipline, and makeup sessions, and that said responsibilities, on occasion, require a teacher to remain after the normal workday. It shall be the responsibility of teachers to schedule individual help, discipline, and makeup on a need basis.

If, in the opinion of the Subject Area Specialist/Coordinator and the principal /headmaster, this responsibility is not being met, there will be a meeting with the teacher to discuss the problem.. If the matter is not satisfactorily resolved through this meeting, the Administration may schedule makeup to a maximum of two (2) forty-minute sessions a week. This schedule shall be reviewed with the teacher bimonthly.

d.            No meetings or makeup sessions will be held on Fridays or on the last day of any school week.

2.        Teachers may be required to attend one (1) evening meeting each year. The Administration may schedule two (2) additional evening meetings each year. Teachers may schedule appointments to meet with parents during these two (2) evening sessions. If the teacher has not scheduled appointments, attendance is not required. Attendance at all other evening meetings will be at the option of the individual teacher.

E.        Exceptions

Exceptions to the provisions of Sections C and D above may be made only if the Superintendent (or his/her designee) determines, subject to a reasonableness standard, that it is in the best interest of the educational process. The President of the Association will be notified of each instance in which the Superintendent (or his/her designee) so determines.

ARTICLE VI

TEACHER FACILITIES

A.        Building Facilities

Each school building shall have the following facilities where reasonably possible in present buildings; in future construction, these facilities shall be available:

1.                   Space in each classroom where teachers may store instructional materials and supplies.

2.                   Well-lighted and appropriately furnished rooms to be used as faculty lounges and telephone will be provided in each faculty lounge for teacher use.

3.                   Well-lighted and clean restrooms for the personal and exclusive use of the teachers.

4.                   Adequate space for teacher parking convenient to a school entrance.

5.                   Separate dining areas for teachers.

6.                   A communication system so that teachers can communicate with the main building office from their classrooms in the event of emergency.

B.            Health and Safety

1.                   The Committee will use all reasonable effort to maintain heating temperatures and working conditions conducive to the safety of its teachers.

2.                   The Committee also agrees to comply with all occupational health and safety standards and regulations as adopted by OSHA or the Department of Labor, as well as all state and local agencies.

Hepatitis B shots will be made available only to those employees who can be identified as having high risks of occupational exposure, as defined by the pertinent OSHA regulations.

3.             The Taunton Education Association and the School Committee agree to establish and maintain Health and Safety Committees in each school building. Said committees shall be made up of union representatives and building administrators. Meetings of said committees shall not occur during school hours. The duties of the committee(s) shall include, but not be limited to, the following:

a.            Monitoring health and safety conditions in their building and making recommendations to the officials in charge of improvement.

b.            Monitoring findings and reports of work place inspections to confirm that appropriate corrective measures are implemented.

C.            Association Use of School Buildings

The Association, as the exclusive bargaining agent, shall have the right to use the school buildings without cost, at reasonable times for meetings, except if such a meeting entails the presence of a custodian who would not otherwise be on duty, the Association shall pay such custodian in accordance with the terms of Section 7 of the Agreement between the School Committee and Public Employees Local 1144, or any successor section, as it shall be from time to time amended. The Principal of the building in question shall be notified in advance of the time and place of all such meetings.

D.            Bulletin Boards

There will be at least one (1) Taunton Education Association Bulletin Board in each school building, which will be placed in a faculty lounge, for the purpose of displaying notices, circulars, and other Association material. Copies of all such material will be given to the building principal but his/her advance approval of the contents or posting will not be required.

E.            Mailboxes

The Association, as the exclusive bargaining agent, shall have the exclusive right to utilize school mailboxes for the distribution of official Association business.

F.            Elections

Whenever feasible, no teacher's classroom will be used or disrupted as a result of elections or non emergency maintenance.

ARTICLE VII

NON-TEACHING DUTIES

A.            Distribution of Duties

All non-teaching duties will be distributed equitably among all teachers in the building. Every effort will be made by the building administration to rotate said duties on an annual basis and to rotate annually clerical duties which, as a matter of practice, have been associated with homeroom; i.e., permanent record cards. Teachers will not be required to keep registers.

B.            Release Time for Association President/Vice President

1.                   Notwithstanding Section A above, the President and Vice-President of the Association will be relieved of all supervisory duties and release day time requirements so that they may attend to Association business. An answering machine paid for by the TEA may be installed for the President and Vice-President in the Teachers' Room or the Department Resource Room telephone.

2.                   A side letter of agreement to provide half (1/2) time release for the President to be decided on a case-by-case basis, similar to the way job sharing is addressed.

ARTICLE VIII

CLASS SIZE

A.        Class Sizes

The Committee and the Association agree that the following constitute reasonable class sizes for all schools and shall be attained wherever feasible, subject to physical space limitations as follows:

1.             Elementary Schools - K-4

Class Size of Twenty-six (26)

If Kindergarten classes reach twenty (20) or more students, a teacher aide will be provided. If pre-school classes reach fifteen (15) or more students, a teacher aide will be provided.

2.             Middle Schools (Grades 5-8) and High School (Grades 9-12)

Academic Subjects

Class Size of twenty-eight (28)

Science laboratories

Grades 5-8. Class size of twenty-eight (28)

If a class size is twenty-eight (28) or more students, a teacher aide will be hired.

Grades 9-12. Class size of twenty (20)

Industrial Technology

Class Size of sixteen (16) per instructor

Family and Consumer Science Lab (High School)

Class Size of sixteen (16) per instructor

Visual Arts and Department of Performing Arts

Class Size of twenty-eight (28)

Computer Assisted Drafting

Class Size of twenty (20)

Physical Education

Class Size of thirty-three (33)

Business Technology

Class Size of twenty-eight (28)

Classes within individual schools shall not exceed four (4) more than the applicable reasonable class size figure as set forth above.

Nothing contained herein shall be deemed to limit large group instruction.

B.            Special Needs Students

For the purpose of computing class sizes, all Special Needs students, except those enrolled in substantially separate programs, as indicated on students' Individualized Educational Plan (Prototype 502.4), will be counted in the class size figures.

C.            State Regulations/Guidelines/Recommendations

Notwithstanding the above provisions of this Article, the Committee agrees that it will abide by State Regulations/Guidelines/Recommendations with regard to class sizes in any classes covered by State Regulations/Guidelines/Re commendations.

D.            Joint Committee on Class Size

A joint committee on class size will be created. The purpose of the committee will be to attempt to resolve class size problems before they become grievances, although said committee will not be a substitute for the grievance procedure The committee will consist of an equal number of representatives from the Administration and the Association not to exceed five (5) individuals from each side.

Every year by May 1st, the committee will meet to examine the projected enrollment figures for the next school year and any other information which could have an impact on class sizes. If necessary, an additional meeting will be scheduled on or before August 15th.

During the school year when class sizes are within two (2) students of the maximum limit this will be reported to the committee by either the teacher or the Building Principal. This will constitute a cause for concern and the situation will be monitored by the joint committee in an effort to insure that the maximum limit is not exceeded.

E.            Inclusion

1.            Inclusion shall be defined as a collaboration between a regular education teacher and a special education teacher. When volunteers cannot be found, the administration will seek volunteers for inclusion classes within a building. If there are no volunteers, the administration will have the right to seek volunteers from other buildings which may result in the involuntary transfer of the least senior teacher at the affected grade level/discipline from within said building. If there are no volunteers from other buildings, the least senior person within the building at the grade level/discipline where the inclusion class exists will be assigned.

2.        Reasonable Class Size for Inclusion Classes (Elementary/Middle/High School)

Class size

Reg. Ed. Teacher

Special Ed. Teacher

Assistant

Up to 19

1 Dual

Cert. Teacher

1

20-24

1

1

1

25-32

1

1

2

NOTE: Two (2) teaching assistants are to be present during the instructional day when both the regular education and special education students are involved in an inclusion setting. If and when the special education students number between 14 and 16, a second assistant will be assigned to the special education teacher during the time the special education students are not in the inclusion setting.

Establish a Joint Committee to address the issue of class size and the delivery of inclusion services.

ARTICLE IX

TEACHER EMPLOYMENT

A.            Certification

1.                   Except as may be allowable pursuant to the Education Reform Act, any person hired to teach in the Taunton Public School System must be properly certified or otherwise meet the employment requirements set by the Department of Education. In all cases, a person so hired must become certified in the area of his/her employment within two (2) years from the date of employment; failure to complete such certification requirements will require termination from that position.

2.                   If there is no certified applicant available for a given teaching position, then the vacancy will be filled by that applicant whose qualifications seem best suited for service in the Taunton Public School System.

B.            Placement on Salary Schedule

1.                   Upon initial employment in the Taunton Public School System, teachers will receive credit for outside experience for all satisfactory educational service given in a fully organized and recognized school system. New teachers may be given up to three years credit (step 4) for outside experience at the discretion of the Superintendent.

2.                   Credit not to exceed three (3) years for military service and/or two (2) years for Peace Corps work will be included in the total experience allowed.

3.                   In the case of teaching personnel who return to the employ of the Taunton Public School System, they will receive full credit on the Salary Schedule as set forth in Section B 1 above, provided that their interim experience has been in the field of education.

4.                   In the case of teaching personnel who return to the employ of the Taunton Public Schools after employment in other fields of endeavor, they will be placed on the next step of the Salary Schedule above that which they left, unless their interim activities would be determined as being allied to education, in which case, appropriate consideration will be given to such experience.

5.                   In order for employees to move from one step on the salary schedule to the next step, said employees must be actively employed by the Taunton School System for at least ninety-one (91) days in a school year.

C.            Reduction of Compensation

In the event that there is a day when a teacher is not entitled to compensation, said teacher shall be reduced by 1/185 of his/her annual salary as set forth in Appendix A of this Agreement.

D.            Resignations

In the event that a teacher shall decide to terminate his/her employment with the school system, notice in writing of said intention must be given to the Superintendent of Schools at least thirty (30) days prior to the effective date of said termination.

ARTICLE X

TEACHER ASSIGNMENT

A.        Assignments

1.                   Any teacher whose teaching assignment for the subsequent school year is going to change will be notified of their new assignment by August 1st. No changes will be made after August 1st except in the event of unforeseen circumstances: for example, changes in school/course enrollment or unexpected budget shortfalls.

2.                   The superintendent will make all assignments, considering the recommendations of his/her staff and the principal involved for grade level assignments in the elementary schools, and those of subject area specialists/supervisor and the principal involved in terms of subject assignment on the secondary level.

3.                   Any teacher has the right to request a written statement of his/her program from the Principal involved.

4.                   In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching certification and/or their major or minor fields of study.

5.                   To the extent possible, changes in grade assignment in the elementary schools and in subject assignment in the secondary schools will be voluntary.   Volunteers will be considered first, but the final decision must rest on the recommendation of the Superintendent.

B.        Assignments and Travel Allowance for Itinerants

In arranging schedules for teachers who are assigned to more than one (1) school, an effort will be made to limit the amount of interschool travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teachers who are assigned by their schedule to travel to more than one (1) school in a day will receive a monthly travel allowance based on the current IRS Allowable Travel Deduction Rate. This travel allowance will be limited to the regular school year.

ARTICLE XI

VACANCIES AND TRANSFERS

A.        Vacancies

1.             A vacancy is hereby defined as:

a.            a newly created position; or

b.            a position vacated by a member of the bargaining unit, as defined in Article I, by reason of resignation, death, retirement, dismissal, transfer, or leave of absence.

2.                   During the school year, notices of vacancies will be posted for ten (10) calendar days in the main office of the school, on house bulletin boards at the High School, on the Taunton Public Schools website, and on the Taunton Education Association bulletin boards at each school. Vacancies which may occur during the summer, i.e. June through August, will be posted on the Taunton Public Schools website. Vacancies will be filled within thirty (30) calendar days after the notice is posted.

3.                   If there are laid off employees eligible for recall, then the provisions of this subsection 2 above shall not apply, and the appropriate recall will be made (see Article XII for explanation of recall to vacancies).

B.            Voluntary Transfers

1.                   While it is recognized that positions must be filled promptly, the Administration will continue its efforts to acquaint the staff with known vacancies so that appropriate requests for transfer may be filed. A list of known vacancies for the next school year will be promulgated throughout the system by May 1 of each school year. Efforts will be made to keep this information reasonably current thereafter during the school year.

2.                   Teachers who desire a change in grade and/or subject assignment or who desire to transfer to another school building shall file a written statement of such desire with the Superintendent, as early as practicable, and no later than fifteen (15) calendar days subsequent to the publishing of the projected vacancy list for the next school year, as set forth in sub-section 1 above, except for position openings after that date. Such statement shall include the grade and/or subject to which the teacher desires to be assigned, or the school to which the teacher wishes to be transferred. As soon as practicable, and normally not later than the close of the school year, the Superintendent shall notify said teacher of the disposition of the request.

Notwithstanding the above, it is understood that recalls to vacancies as per Article XII take precedence over requests for voluntary transfers.

3.             If vacancies occur during the school year, they will be filled on a temporary basis for the remainder of the school year, and if those positions exist for the subsequent school year, then they will be included on the list of vacancies. If vacancies occur during the school year, they will normally not be filled by transfers but rather on a temporary basis. In such instances, if the positions remain in effect for the subsequent school year, they will be set forth on the list of vacancies as set forth above.

Notwithstanding the above, if vacancies occur during the school year and there are members of the bargaining unit on the Recall List, the appropriate recalls will

be made.

4.             All qualified teachers will be given adequate opportunity to make application for vacant positions. The Committee agrees to give consideration to the professional background and attainment of the applicant, the length of time in the school system, and other relevant factors.

C.            Involuntary Transfers

The Committee and the Association agree that transfers of professional personnel should only be made in the best interests of the educational process. Therefore, whenever possible:

1.                   When a reduction in the number of teachers in a school is necessary, volunteers will be transferred first.

2.                   When involuntary transfers are necessary, a teacher's area of certification, area of competence, and quality of teaching service as evidenced by written evaluations, and seniority in the system will be reviewed. Where area of certification, area of competence, and quality of teaching service are substantially equal, the least senior employee will be transferred. Teachers being involuntarily transferred will be transferred only to a comparable position.

3.                   An involuntary transfer will be made only after the affected teacher has had an opportunity to meet with his/her immediate supervisor to discuss the reason for the transfer. In the event the teacher is not satisfied, the teacher may request a meeting with the Superintendent of Schools or Acting Superintendent his/her designee. The Superintendent or Acting Superintendent shall meet with the teacher.

4.                   Itinerants shall not be reassigned/transferred unless there is first a meeting with the appropriate supervisor, at which meeting specific reasons for the reassignment/transfer will be set forth. Reassignments/transfers will not be made arbitrarily.

D.        Notice of Transfer

Notice of transfer under Sections B and C above, will be given to teachers as soon as practicable, and under normal circumstances, not later than the 15th day of June.

ARTICLE XII

REDUCTION IN FORCE

In the event that the School Committee determines to reduce the number of employees in the bargaining unit, the procedures set forth hereinafter shall apply:

A.        Attrition/Temporary Employees

Normal attrition will be used whereby teachers who retire, resign, or die will not be replaced if there are fully qualified teachers available who are capable of filling such positions and who would otherwise be subject to layoff. Teachers not under regular contract or who are on temporary status (e.g. teachers filling in for teachers on leave of absence or long-term substitutes) will be laid off first, provided that there are fully qualified permanent teachers available who are capable of performing all the duties of the teachers to be laid off under this Article.

B.            Employees with Professional Teacher Status vs. Employees without Professional Teacher Status

No teachers with Professional Teacher Status shall be laid off pursuant to a reduction in force or reorganization if there is a teacher without professional teacher status for whose position the covered employee is currently certified.

C.            Layoff Procedure

In the event that layoffs are necessary, teachers with professional teacher status currently teaching within the affected discipline(s) shall be laid off in the inverse order of seniority, except in the following situations:

1.                   If the most junior employee holds a position which no other teacher within the group and discipline is qualified, as determined by the Committee subject to a reasonableness standard, to fill, the least senior employee holding a position which can be filled by another teacher will be laid off.

2.                   If there is a significant difference in the teacher's performance as evidenced by evaluations from two (2) previous school years, the Committee's decision to exercise this exception shall be subject to a reasonableness standard. The evaluations shall be considered to be an accurate reflection of the teacher's performance and shall not be subject to contrary testimony except as to the factual basis as opposed to the evaluator's judgment.

NOTE: The above selection process can result in one (1) or more transfers of personnel from one assignment or building to another, in which case volunteers will be transferred first.

Notwithstanding the provisions of Article XI, Section C 2, any further transfers within a school will be accomplished on the basis of seniority, measured systemwide, with the least senior employee being transferred first, whenever possible. For example, if there are twenty (20) elementary teachers in a building, and three (3) positions are lost, then the three (3) most junior teachers, as per the seniority list, in that building will be transferred first.

In any situation, when the transfer is to be made by transferring someone other than the least senior employee, that transfer may be made only by the Superintendent, and only after a complete review of all the circumstances requiring such transfer.

D.            Displaced Staff Members

Any member of the bargaining unit who, as a result of a position elimination, has been displaced, but not laid off, may bid, on the basis of seniority, on open positions in the discipline from which he/she was displaced. If there are no open positions in the discipline from which he/she was displaced, the employees will then bid on open positions for the next school year for which he/she is certified on the basis of seniority. Once the process is completed, laid off teachers who are being returned to work from layoff will then be assigned to a position,

If, however, a displaced teacher's original position should become available again before October 1st, then the displaced teacher will be returned to that position and the recall process shall continue.

If the original position is not available, but a comparable position(s) in the discipline is available, then the displaced teacher will be allowed to bid on such position(s) on the basis of seniority.

Notwithstanding the above, after October 1st of any work year, the Superintendent's practice of not returning displaced teachers to their original positions between October and the end of the school year, except in unusual circumstances, shall continue and the Superintendent's decision in such cases shall be final.

E.        Bumping Procedure

1.                   Teachers who have been reached for layoff within the affected discipline in accordance with Section C, will be allowed to bump teachers with less seniority in other disciplines in which they are certified and have taught in the Taunton Public Schools within the last ten (10) years. If the RIF'd teacher has taught in other disciplines in Taunton, but not within the last ten (10) years, the teacher may still be allowed to bump, if qualified. The Superintendent will determine qualifications based on actual evaluations. The Superintendent's decision shall be final.

2.                   Although not otherwise covered by this Agreement, members of the bargaining unit of the Taunton Administrators Association and Building Principals who have individualized contracts who have been reached for layoff in their administrative positions will be allowed to bump teachers with less seniority in an area in which the administrator is certified and has taught in the Taunton Public Schools within the last three (3) years. The administrator's amount of seniority accrued in areas where the administrator can bump will be equal to the number of years they taught in that area, and they will be listed in the appropriate discipline area on the seniority list for bumping purposes only. Those Subject Area Specialists/Supervisors who also teach will be listed on the seniority list within the department over which they supervise, and their seniority in the discipline will include their total length of continuous teaching service in the Taunton Education Association Bargaining Unit. Teaching Subject Area Specialists/Supervisors who have taught in a discipline(s) other than the above will have seniority for bumping purposes in that discipline(s) based upon the number of years taught in that disciplinc(s) in Taunton, provided that they are certified in the discipline(s) and have taught in the discipline(s) in the Taunton Public Schools within the last three (3) years.

F.            Teachers of English Language Learners (E.L.L.)

E.L.L. teachers who are reached for layoff in their discipline will be allowed to fill any vacant positions for which they are currently certified, after displaced teachers have been assigned and before the start of the next school year, and provided that there are no teachers on the recall list from said other disciplines who are senior to the E.L.L. teacher(s) who are being laid off. It will not be necessary for the E.L.L. teacher to have taught in the area in which they are currently certified in order to fill the vacancy. These vacancies will be filled on the basis of seniority with the most senior laid off E.L.L. teacher being placed first. This provision will supersede the vacancy posting language in Article XI.

If there are no vacancies or not a sufficient number of vacancies for the number of laid off E.L.L. teachers then said laid off E.L.L. teachers will be placed on the recall list pursuant to Article XII, Section H.

G.            Definitions

For purposes of this Article, the following definitions shall apply:

1.        Disciplines

a.             Elementary

(Grades K-6, including Title 1 Personnel in the employ of the Committee prior to September 1, 1986.)

NOTE:   Title 1 Personnel who commence employment on or after September 1, 1986, will be on a separate Title 1 list.

b.             Secondary

A.            English

B.            Science with Certification

C.            Math

D.            Social Studies

E.            Foreign Language with Certification

F.             Business Technology

G.            Industrial Technology or Family and Consumer Science

H.            Reading

I.             In-School Suspension Supervisor

J.             JROTC

K.            Access Center Coordinator

Any Title I personnel on the secondary level will be laid off by discipline.

c.             Both Levels

Visual Arts, Department of Performing Arts, Physical Education including Adaptive Physical Education, Remedial Reading, Guidance Counselors, Adjustment Counselors, Case Workers, Social Workers, English Language Learners, Personnel, Special Needs Teachers, Speech Therapists, Teachers of Visually Handicapped, Planetarium Director, Library Media Specialists, Health Educators, Physical Therapists, Occupational Therapists, *Computer Specialists.

*In order to qualify for placement on the Computer Specialist List, a teacher must be teaching at least one (1) Computer Course as a graded subject at least five (5) periods per week, and possess the following:

1.                   Certification at the appropriate grade level (Elementary, Middle, Secondary) but not a specific discipline or subject area.

2.                   Working knowledge of Appleworks and/or a comparable integrated software package (word processing, database, and spreadsheet).

3.             A minimum of six (6) college credits in Computer Education.

 2.        Seniority

a.             Subject to the provisions of E, seniority shall be defined as the length of continuous full-time and/or regular part-time service in the Taunton Public Schools in a Taunton Education Association bargaining unit position.

b.             In determining seniority, part-time service will be pro-rated commencing September 1, 1986. All part-time service prior to September 1, 1986, will be grandfathered and therefore not pro-rated. Seniority shall be computed from the date of the School Committee appointment reflected in the original School Committee Minutes. In the event of a tie, the date of signature on the initial individual employment contract shall be used to determine the order of seniority. Any remaining ties shall be broken by the level of education of each employee involved as reflected in Appendix A of this Agreement. In the event of further ties, a lottery shall be conducted.

c.             For teachers hired on or after September 1, 1981, bargaining unit seniority shall be computed from the date of initial employment in a Taunton Education Association bargaining unit position. In the event of a tie, the level of education of each employee involved, as reflected in Appendix A of this Agreement, shall determine the order of seniority. In the event of further ties a lottery shall be conducted.

d.        Members of the bargaining unit who worked as permanent substitutes for nine (9) or more consecutive months in the same position just prior to commencing employment as members of this bargaining unit, and were not credited for such time for seniority purposes because they were not given a contract, will be given seniority credit for such time.

3.             Certification

Certification shall mean official credentials currently on file with the Massachusetts State Department of Education, Bureau of Teacher Certification. For the purpose of this Article, teachers who are legally exempt from certification shall be considered as certified only in the disciplines in which they have taught in the Taunton Public Schools.

4.             Seniority List

a.             The Superintendent of Schools, by February 1st of each school year, shall post a seniority listing by disciplines. Personnel may appear on the seniority list in more than one (1) discipline (as defined above) if they are teaching or have taught in the Taunton Public Schools in accordance with Section E. The aforementioned seniority list shall be forwarded to the President of the Taunton Education Association and posted in all buildings. Teachers with the greatest length of seniority (as previously defined) in the Taunton Public Schools will be listed first in each discipline; teachers with the least amount of seniority will be placed last on the list.

b.             Employees will have twenty (20) calendar days from the date of the posting of the Seniority List to notify the School Department of a challenge to the list. Said challenge shall be in writing to the Superintendent of Schools and shall specify the nature of the challenge.

The Superintendent will then have ten (10) calendar days to respond in writing to the challenger and any other affected party. If the challenge remains unresolved, the time limits for a grievance will begin with the date of the Superintendent's response.

If no challenge is made within the twenty (20) calendar days, outlined above, the list will stand for that year and no grievance will be considered. A teacher's placement on the list may be challenged and/or grieved, if need be, in a subsequent year pursuant to the time limits set forth above.

The School Department will post a list of individuals on unpaid leaves of absence for the school year of the Seniority List. This leave list will also be posted on February 1st.

5.             Leaves of Absence

Unpaid leaves of absence provided in this Agreement and/or approved by the School Committee shall not be deemed to interrupt continuous service. Such leaves will not be counted towards seniority. Teachers on leave of absence shall be eligible to be laid off as though they were currently serving on active duty.

G.        Notification

Whenever possible, written notification of pending layoff will be completed by June 15 for the following school year. In the event of a decision to RIF, those staff members being laid off will be given a minimum of thirty (30) calendar days' written notice.

H.       Recall

While the previous sections of this Article apply only to teachers with professional teacher status, teachers without professional teacher status as well as teachers with professional teacher status shall be granted full coverage under Section G as follows:

1.                   Teachers laid off due to reduction-in-force will be placed on the recall list for two (2) complete years from the effective date of layoff. The effective date of layoff shall be the last day worked by the teacher. In cases where the last day worked is the last day of the school year for teachers, such effective date shall be the day before the first day of the next school year for teachers.

2.                   Teachers on (he recall list shall be deemed to be on leave of absence from the Taunton Public Schools for the duration of the recall period, but such time shall not count toward professional teacher status.

3.                   Teachers on the Recall List will be recalled to vacancies in their last previous teaching field in the reverse order of their layoff. Teachers on layoff will also be offered job openings in other disciplines in which they hold certification (in reverse order of layoff) provided that there are no current faculty members on layoff from such disciplines. The previous sentence shall not apply to a position which involves a promotion or duties in addition to teaching, as defined in Article XIII, nor shall the preceding sentence apply to the position of In-School Suspension Supervisor which is listed in Section E 1 above.

NOTE:                   All employees with professional teacher status who are certified in the disciplines set forth in Section El, will be recalled before employees without professional teacher status certified in those disciplines.

4.             When a vacancy occurs to which a teacher is entitled to be recalled, as set forth above, the appropriate teachers on the recall list will be notified, by certified mail, at their last recorded address. Failure to accept certified mail shall not be deemed sufficient reason for failing to meet the necessary response date. Failure to respond to the Superintendent of Schools with a letter of acceptance of the offered position within fourteen (14) calendar days of the mailing date of the recall notice shall be considered a rejection of such offer, and the teacher shall be dropped from the recall list. The recall notice will include the date when the employee is to commence work. The employee who accepts recall must commence work on the date set forth in the recall notice unless prevented from doing so by illness, injury, or disability from which the teacher is expected to return to work. During the recall period, no teacher shall be dropped from the Recall List unless that teacher failed to accept a position which is in the bargaining unit, and which provided equivalent hours of employment to the position held by said teachers at the time of layoff It shall be the responsibility of the personnel on the recall list to inform the Office of the Superintendent of Schools, in writing, of changes of address.

5.                   Teachers on the recall list shall have priority in filling vacancies, as hereinbefore set forth. No new personnel shall be hired to fill such vacancies until all appropriate teachers on the Recall List have been offered the vacancy pursuant to the provisions of this Section. The recalled employee shall be considered a regular employee for purposes of the benefits of this Contract, as per Section H-10, except in cases of vacancies caused by paid leaves of absence, in which case employees will accrue sick leave at the rate of one and one-third (1 1/3) days per month, and not be able to use their accumulated sick leave.

6.                   A teacher who was reduced from a full-time position and is on the Recall List may accept a part-time position and retain his/her eligibility to be assigned to a full-time position for the subsequent school year; and an analogous right shall exist for a teacher who may be reduced from a part-time position, accept the full-time position, and wish to retain eligibility for assignment to a part-time position for the subsequent school year.

7.                   In the event that two (2) or more positions become simultaneously available, so that the teacher awaiting recall on the list may be assigned more than one (1) position, the Committee will make every effort to assign the eligible teacher to the available position most comparable to that position from which the eligible teacher was laid off. The eligible teacher will be consulted with respect to his/her opinion of which available position is the most comparable position prior to the assignment being made; however, the Superintendent has the final decision with respect to assignments.

8      a.     Notwithstanding Sections 4 and 5, if a vacancy is for less than forty (40) school days, and there are employees on the Recall List eligible to be recalled to said vacancy, said employee(s) need not accept such recall, and the employee(s) will maintain his/her place on the recall list. If the employee(s) does accept said recall, and then a vacancy occurs for a more than forty-day period, said employee(s) will be given the opportunity to accept the longer position.

b.        Failure to accept the longer than forty-day position shall mean that the employee will be dropped from the Recall List. Any employee who accepts a vacancy for less than forty (40) days will be placed on their proper salary step and track, and they can accrue sick leave at the rate of one and one-third (1 1/3) days per month. The employee will not be able to draw on previously accumulated sick leave, nor will the employee accrue seniority or placement on additional seniority lists.

9.                  Teachers on the recall list will be given first priority in filling substitute teaching vacancies in their field(s) of certification and/or experience.

10.               Subject to the provisions of applicable law and the insurance policy, teachers on the Recall List shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of the layoff; provided, however, that the teacher pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and there shall be no contribution by the Committee or the City for such teacher's insurance.

11.               Upon return to employment from the Recall List, teachers will have accumulated to their accounts the same number of sick days and personal days which they had accumulated at the time of their layoff. Teachers laid off during the school year, upon return, will be placed on the next step of the salary schedule, if they had served for a minimum of ninety-two (92) days during the year of layoff.

12.               The only benefits accorded to teachers who have been laid off due to reduction-in-force and who are on a Recall List, are those specified in this Article. All other benefits gained by teachers as a result of this or successive collective bargaining agreements will be received only by those teachers actively employed.

13.               Except as set forth below, nothing in this Article shall act so as to diminish the rights of teachers under Chapter 71, Sections 41 and 42, of the General Laws of the Commonwealth of Massachusetts. In recognition of the fact that a layoff is treated as a leave of absence in this Article, a teacher who accepts such a leave in lieu of dismissal shall waive, in writing, any present or future rights to a dismissal hearing which he or she may have pursuant to Chapter 71, Sections 42 and 42 a. A teacher may elect to have his/her layoff treated as a dismissal, in which case such teacher shall be afforded full statutory rights.

ARTICLE XIII

PROMOTIONAL VACANCIES

A.            Notice

1.                   Whenever, during the school year, any vacancy occurs in a professional position, which involves a promotion or duties in addition to teaching, the Superintendent shall post the notice thereof as far in advance of an appointment as possible, upon the Taunton Education Association's bulletin board in every school and on the Taunton Public Schools website. Vacancies which may occur during the summer, i.e. June through August, will be posted on the Taunton Public Schools website.

2.                   Notice of a vacancy shall state the qualifications for the position, its duties, the rate of compensation, and the date by which any applicant must file his/her written application with the Superintendent's Office. Once announced, the qualifications for a particular position shall not be changed in the event of future vacancies, unless the School Committee, in such event, shall give written notice to the Association of such a change, together with the reasons for the change. Except on a temporary or emergency basis, vacancies shall not be filled within ten (10) days from the date notice is first posted or advertised, as the case may be.

B.            Appointments

1.                   All qualified teachers will be given adequate opportunity to make applications for such positions, and the Committee agrees to give strong consideration to the professional background and attainments of all applicants, the length of time each has been in the Taunton School System, and other relevant factors. Appointments will be made no later than sixty (60) days after the notice is posted in the schools or giving of notification to the Association.

2.                   Nothing contained herein shall be deemed to limit the discretion of the School Committee to fill or not to fill any position as they shall determine as being in the best interests of the School Department of the City of Taunton.

3.                   The Superintendent, acting in the best interest of the Taunton School System, shall have the authority to appoint a qualified person from within the System to fill administrative bargaining unit positions on a temporary basis in accordance with the procedures set forth in a memorandum of agreement which is set forth at the back of this contract and is a part of this contract.

C.            Seniority

Notwithstanding Article XII, Section E, any member of this TEA bargaining unit who accepts any promotional position covered by an Individualized Principalship Contract, the Taunton Administrators Association bargaining unit, or in Central Administration in Taunton, who then voluntarily returns to the TEA bargaining unit within three (3) years of the date of employment in the administrator's position, shall have restored to him/her all seniority previously accrued in the TEA bargaining unit. Seniority accrued while in administration shall not count towards years of service in the TEA bargaining unit. Upon return, the employee will be assigned to a comparable position to the one they vacated, if possible.

ARTICLE XIV

PAID TEMPORARY LEAVES OF ABSENCE

A.            Personal Leave

1.                   Employees shall be entitled to three (3) days' leave for personal reasons. Application for such leave shall be made at least twenty-four (24) hours before taking such leave (except in cases of emergencies), and the applicant shall not be required to state the reason for taking such leave other than that he/she is taking it under this Section.

2.                   The first twelve (12) people who apply for a personal day for any one (1) day will be granted said day; additional people beyond twelve (12) per day may be allowed that personal day at the discretion of the Superintendent. Individuals who apply to take a personal day immediately prior to/or immediately after the December, February or April vacation periods as well as during the last week of school shall submit their application for such leave, in writing, at least three weeks prior to the requested date except in cases where there are unforeseen circumstances.

3.                   Personal days may be accumulated to a maximum of six (6) days, but three (3) consecutive days may not be taken without the approval of the Superintendent whose decision shall be final. No employee will be allowed to carry more than three (3) personal days into the following school year.

4.                   Once an employee has requested a personal day or a professional day as outlined in Section G below, he/she must utilize that day or provide the Superintendent's Office with adequate notice to either (1) reassign a substitute hired for the day, or (2) cancel the hiring of the substitute. This notice must be made to the appropriate employee at the Superintendent's Office. Failure to provide said notice, as required by this Section, will result in the loss of a personal or professional day by the employee.

B.            Association Days

Employees shall be entitled to a total of three (3) days' leave to attend meetings related to the official business of the Taunton Education Association, which requires attendance during the school day. No more than three (3) teachers will be absent at any one time under the provisions of this Section. However, on the dates of the MTA Annual Meeting the total number of delegates elected for this meeting will be allowed to attend.

C.            Bereavement Leave

1.                   Employees shall be entitled to a total of five (5) days' leave in the event of death in the teacher's immediate family or other person living in the teacher's household. These days will be consecutive calendar days starting the day after the person's death. Legal holidays and weekend days will not be counted against the bereavement leave. The Superintendent will authorize additional bereavement leave days when necessitated by the existing circumstances.

2.                   There will be three (3) days' leave in the event of death of the teacher's brother-in-law, sister-in-law, son-or daughter-in-law, niece, nephew and one (1) day's leave in the event of death of the teacher's aunt, uncle or cousin.

3.                   Immediate family shall be defined as the spouse, son, daughter, mother, father, stepchildren, mother-in-law, father-in-law, brother, sister, grandmother, grandfather, grandchildren, step-parent or step sibling.

D.            Religious Leave

Employees shall be entitled to three (3) days' leave for religious holy days.

E.            Leave for Legal Proceedings

Employees shall be entitled to the time necessary for appearances in any legal proceedings connected with the teacher's employment or with the school system or in cases where a teacher is subpoenaed by a court for any reason.

F.             Jury Duty

Employees shall be entitled to the time necessary to serve as a juror. The Committee will pay the teacher the difference between the teacher's regular daily rate of compensation and the compensation received for jury duty.

G.            Professional Leave

Employees shall be entitled to one (1) day for the purpose of visiting other schools or attending meetings or conferences of an educational nature. Said professional days will require prior approval of the Superintendent, upon receipt by the Superintendent of a written request from the employee. Employees who have requested professional days must comply with Section A 4, above.

H.        General

Leaves taken pursuant to this Article will be in addition to any sick leave to which the employee is entitled. No employee shall be required to arrange for his/her own substitute.

ARTICLE XV S

ABBATICAL LEAVE

Desiring to reward professional performance and encourage independent research and achievement, the Committee initiates this policy of Sabbatical Leave for teachers to be granted upon recommendation by the Superintendent (or his/her designee) for approved scholarly programs carried on in, or under the direction of an academic institution, subject to the following conditions:

A.            Conditions for Request

1.                   No more than three percent (3%) of the staff shall be absent on Sabbatical Leave at any one time.

2.                   Requests for Sabbatical Leave must be received by the Superintendent (or his/her designee), in writing, in such form as may be required by the Superintendent (or his/her designee) no later than April 1 of the year preceding the school year in which the Sabbatical Leave is requested.

3.                   The employee must have completed at least seven (7) consecutive years in the Taunton School System.

B.            Compensation

1.                   The employees on Sabbatical Leave will be paid at one-half of their annual salary rate, provided that such pay, when added to any program grant, shall not exceed the employee's full annual salary rate.

2.                   The failure of an employee to complete the proposal as submitted and approved shall result in the recapture by the school department of the appropriate percentage of the salary paid to the employee based upon the pro-rata schedule of the program not completed as proposed. The foregoing shall not apply to circumstances where the sabbatical leave proposal is not completed because of employee illness or other circumstances beyond the employee's control.

C.            Conditions Upon Return

1.        The employee shall agree to return to employment in the Taunton School System for one (1) full year in the event of a one-half (1/2) year's leave, or for two (2) full years in the event of a full year's leave.

2.                   Upon such return, the employee shall be placed on the appropriate step on the salary schedule as though such employee had not been on leave.

3.                   An employee returning from leave under this Article shall have the right to return to the grade level or department as well as to the school to which he/she was assigned as of the commencement of the leave, unless there has been an elimination of courses or programs, reduction-in-force, or other change which makes such an assignment impossible; in which case, the assignment shall be to as nearly a comparable position as possible. Upon return, all benefits which were accumulated on the date the leave began shall be restored.

ARTICLE XVI

UNPAID EXTENDED LEAVES OF ABSENCE

A.            Peace Corps/Exchange Teacher Leave

A leave of absence, without pay, of up to two (2) years, will be granted to any employee who joins the Peace Corps or who serves as an exchange teacher overseas.

B.            Military Leave

Military leave, without pay, will be granted to an employee who is inducted, or enlists, in any branch of the Armed Forces of the United States.

C.            Return from Peace Corps/Exchange Teacher/Military Leave

Upon return from a leave taken under Sections A or B above, an employee will be considered as if he/she were actively employed by the Committee during the leave, and will be placed on the step of the salary schedule he/she would have achieved had he/she not been absent.

D.            Public Service/Career/Child Care/Personal Leave

The Superintendent shall grant all requests for one (1) year leaves of absence, without pay, for public service, career exploration, child care, or other personal reasons. Career leaves shall not be granted for teaching in another elementary or secondary school system unless it is a sufficiently different teaching experience as determined by the Superintendent of Schools, whose decision shall be final.

E.            Family Medical Leave Act (FMLA)

1.        The Collective Bargaining Agreement will prevail except in those instances where the FMLA provides greater benefits.

2.                   A family and/or medical leave of absence is defined as an approved absence available to eligible employees for up to twelve (12) weeks of unpaid leave in any twelve (12) month calendar period (including summer months).

3.                   The Committee shall not require the use of paid leave.

4.                   Employees will be responsible for forwarding their share of health and life insurance premiums (25%) to the City's Treasurer's Office on a monthly basis in accordance with the City's premium payment schedule.

5.                   "In Loco Parentis" relationships shall be established by a statement in the leave application that the applicant is responsible for the care of the person.

6.                   FMLA leaves shall be available to all bargaining unit members who are currently eligible to participate in the City's health insurance plans.

7.                   The employer may request a second opinion at the employer's expense.

8.                   Bargaining unit employees married to other bargaining unit employees shall each be entitled to full FMLA leave.

F.             Discretionary Leaves

Other leaves not mentioned herein may be granted at the discretion of the Superintendent.

G.            Notification of Return

Any employee taking a leave under this Article must notify the Superintendent, in writing, by April 15th in the calendar year in which his/her leave expires, of his/her intention to return to the school system. Failure to comply with this requirement will be considered as a resignation.

H.              Return From Leave

1.        An employee returning from leave will be placed on the next step of the Salary

Schedule if he/she had been actively employed by the Taunton School System for more than ninety-one (91) days in the year during which the leave commenced.

2.       An employee returning from leave of not more than one year shall have a right to return to the grade level or department, as well as to the school to which he/she was assigned at the commencement of the leave, unless there has been an elimination of courses or programs, reduction in force, or other change that made such an assignment impossible, in which case the assignment shall be to as nearly comparable a position as possible. Upon return, all benefits that were accumulated on the date the leave began shall be restored.

3.        If an employee is returning from a leave longer than one full year, the

Superintendent will make every effort to assign the individual to the grade level and/or department to which he/she was assigned at the commencement of the leave. The Superintendent's decision shall be final.

ARTICLE XVII

MATERNITY AND ADOPTION LEAVE

A.        Maternity Leave

A pregnant employee may elect either of the following maternity leaves, subject to the conditions of this Article:

1.             Short-term leave

a.            Upon receipt of at least two (2) weeks' written notice of her anticipated date of departure and intention to return, the Superintendent shall grant a leave of absence for up to eight (8) weeks. Said leave shall be without pay except that an employee taking such leave shall be eligible for the sick leave benefits set forth in Article XXV of this Agreement, for the period of actual disability caused or contributed to by pregnancy, childbirth, and recovery therefrom.

b.            This leave may be extended by the employee due to medical complications resulting from pregnancy.

2.             Extended leave

In the event an employee desires a leave longer than the eight (8) weeks provided by Statute, the following shall apply:

a.             Said leave shall only be available to employees who have completed one (1) full year of satisfactory service in the Taunton Public Schools.

b.             Under normal conditions, the Superintendent shall be notified, in writing, at least thirty (30) days prior to the expected date of the beginning of said leave.

c.             Said leave shall be without pay, except that an employee taking such leave shall be eligible for the sick leave benefits set forth in Article XXV of this Agreement for the period of actual disability caused or contributed to by pregnancy, childbirth, and recovery therefrom.

d.             Said leave should begin at a time corresponding with the beginning of the school year, semester, vacation period or marking period, provided that, up to this time, the employee can, in the opinion of her physician, perform her normal duties.

e.             Said leave shall end at the close of the school year following the birth, the next close of the school year, or at the end of a semester, vacation period, or marking period. The return date must be elected at the time the notice of date of departure and intention to return is given. In addition, if the leave is to end at the close of the school year, the person must notify the Superintendent, in writing, by the April 15th just prior to the close of school year of her intention to return to the school system. Failure to comply with this requirement will be considered as a resignation.

B.            Fifth Disease

Any employee who obtains a medical authorization which indicates that she should not work due to the presence of "Fifth Disease" shall be allowed, at her discretion, a leave from work under one of the following options:

1.                   Leave shall be charged against accumulated sick leave;

2.                   Leave shall be taken without pay.

In all cases, the school system administration recommends that teachers follow the advice of their physician. In no way will an individual's absence from work due to "Fifth Disease" be a deterrent to continued employment in the Taunton School System.

NOTE:                   This policy would refer to at-risk employees (pregnant women) or other high risk groups as designated by the Massachusetts Department of Public Health with respect to "Fifth Disease."

C.            Adoption Leave

An employee who wishes to legally adopt a child and who has completed one (1) full year of satisfactory service in the Taunton Public Schools shall be eligible for the leave provided in Section A 2, above, subject to the provisions of that Section, except that said employee shall not be entitled to sick leave benefits. An employee with less than one (1) full year of satisfactory service, who legally adopts a child, may take an unpaid leave of up to eight (8) weeks. In addition to the requirements of Section A 2, above, an employee must notify the Superintendent, in writing, that his/her household has been approved as an adoptive home as soon as possible in order that the school department may plan for appropriate staffing to cover adoption leave.

D.            Miscarriage/Death of Child

In the event of a miscarriage or the death of the child prior to the termination of a leave of absence, the person may make written application for reinstatement prior to the previously established date. Such application will be granted by the Superintendent of Schools in cases where an acceptable vacancy exists.

E.        Rights Upon Return from Leave

1.                   An employee returning from leave will be placed on the next step of the Salary Schedule if he/she had been actively employed by the Taunton School System for more than ninety-one (91) days in the year during which the leave commenced.

2.                   An employee returning from leave shall have a right to return to the grade level or department, as well as to the school to which he/she was assigned at the commencement of the leave, unless there has been an elimination of courses or programs, reduction in force, or other change that makes such an assignment impossible, in which case the assignment shall be to as nearly comparable a position as possible. Upon return, all benefits that were accumulated on the date the leave began shall be restored, minus any sick leave that may have been used while on the leave.

3.                   If an employee is returning from a leave longer than one full year, the Superintendent will make every effort to assign the individual to the grade level and/or department to which he/she was assigned at the commencement of the leave. The Superintendent's decision shall be final.

ARTICLE XVIII

PROFESSIONAL IMPROVEMENT

A.            Increments

Annual increments, as indicated in the Salary Schedule, and subsequent revised Salary Schedules shall not be automatic, but must be earned by satisfactory and continually improving service in the opinion of and at the discretion of the School Committee and the Superintendent of Schools (or his/her designee).

B.            Advancement on the Salary Schedule

All members of the bargaining unit may be required to attend up to ten (10) hours of in-service training per school year. Said training is only specifically for the purpose of orienting teachers to new curriculum or for familiarizing teachers with new programs which have been imposed upon the school system. Said in-service training time will be scheduled from Monday through Thursday only.

C.            Salary Adjustments

Any teacher receiving credits which entitles him/her to any salary changes involving earned increments or degrees shall upon presentation to the Superintendent of Schools by said teacher of an official transcript demonstrating courses completed, be compensated at the new salary rate commencing with the salary installment for the first full pay period following either October 1 or February 1. Salary adjustments for degree columns shall only be made two times per year; either the first full pay period following October 1, or February 1 and shall not be retroactive to the date of the presentation of the official transcript.

D.            In-Service

1,             The Superintendent (or his/her designee) shall make provisions for at least four (4) in-service courses during each school year, whenever feasible. These courses will be given on a shared cost basis, with the School Committee assuming the costs of all materials pertinent to the course at a maximum figure equal to the total of the minimum tuition received.

2.             A maximum of nine (9) in-service credits may be used to achieve lateral movement toward the Bachelor's Plus Thirty (B+30) scale. Any in-service courses taken prior to September 1, 1989, will be grandfathered.

E.            Professional Improvement Sessions

The Committee will pay the reasonable expenses (including fees, meals, lodging, and/or transportation) incurred by teachers who attend workshops, seminars, conferences, or other professional improvement sessions at the request and/or with the advance approval of the Superintendent or his/her designee.

F.             Lateral Movement Beyond a Master's Degree

1.                   Lateral movement beyond the Masters' track requires graduate credit. Any courses taken from September 1, 1981, up to September 1, 1986, while employed in the Taunton School System, will be grandfathered.

2.                   Beginning with the 1998-99 school year, a Masters plus 60 (M+60) column will be added to the salary schedule. Employees who are eligible to move to this column must comply with Section C of this Article. All credits earned prior to September 1, 1998 will be grandfathered for purposes of lateral movement to the M+60 column. All credits earned after September 1, 1998, in order to qualify for the M+60 column, must be focused on the teacher's assignment at the time the course is taken. The courses must be approved in advance by the Superintendent.

G.            Professional Development Program

There will be a professional development program which will allow each employee an opportunity for a maximum of fifteen (15) hours of professional development per year (July 1-June 30). This program will be developed and administered by the Administration. The offerings in this program will be provided outside of the regular work day and/or work year. Participation by employees in these offerings will be voluntary.

Employees who do participate will be compensated at the rate of twenty-five dollars ($25.00) per hour. The hours do not necessarily have to be consecutive. After all employees have had an opportunity to obtain fifteen (15) hours of professional development, the Superintendent may, at his discretion, allow employees to participate in additional ten (10) hour programs to be paid as outlined above.

1.                   The twenty-five dollars ($25.00) per hour payment for professional development will not be in effect from July 1, 2007 until June 30, 2008. The Administration will be required to allow each employee an opportunity for a maximum of fifteen (15) hours of professional development per year (July 1 -June 30).

2.                   The twenty-five dollars ($25.00) per hour payment for professional development will be made for up to ten (10) hours of professional development per year for July 1, 2008 through June 30, 2009. The Administration will be required to allow each employee an opportunity for a maximum of fifteen (15) hours of professional development per year (July 1 - June 30).

3.                   Effective 2009-2010, this language will be in full force and effect.

ARTICLE XIX

COURSE REIMBURSEMENT

A.            Provisions for Course Reimbursement

The Committee shall reimburse employees one-half (1/2) of the cost of a college course up to nine hundred dollars ($900) per fiscal year (July 1 - June 30). Said course must be approved prior to the first class session of the course by the Superintendent or Assistant Superintendent and must be related to the employee's area of teaching responsibility. Reimbursement shall be contingent upon the employee's obtaining a satisfactory grade in any such course according to the standards of the institution, and submitting evidence of such satisfactory completion to the Superintendent.

B.            Application for Course Reimbursement/Maximum Allotment

Notwithstanding the provisions of Section A, the maximum amount to be expended by the Committee for such course reimbursement shall be fifty-five thousand dollars ($55,000) during each fiscal year.   Professional employees applying for course reimbursement will be chosen on a first-come, first-served basis. The Superintendent shall maintain a list of those employees who have made application for and have been granted such reimbursement.

An employee may apply for reimbursement for a second course in any fiscal year and will receive one-half of up to nine hundred ($900) dollars for a second course pursuant to the procedures set forth in Section A above, provided that there are funds available in said Course Reimbursement Account on June 30th after reimbursing all employees who have taken only one (1) course. After all first and second requests have been processed, and provided that there is still money left in the Course Reimbursement Account, employees can receive one-half (1/2) of up to nine hundred ($900) dollars for a third course pursuant to the procedures set forth in Section A above, and provided that said courses are submitted for approval to the Superintendent prior to June 1st and prior to the first class session of the course.

ARTICLE XX

TEACHER EVALUATION

A.            Personnel Files

1.                   Teachers will have the right, upon request, to review the contents of their personnel files, folders, cards, and records in the presence of the Superintendent (or his/her designee), and to make copies of such contents and records as concern their work or themselves.

2.                   No material derogatory to a teacher's conduct, service, character, or personality will be placed in his/her personnel files unless the teacher has had an opportunity to review the material with the administrator who has made the particular appraisal. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed, with the express understanding that such signature in no way indicates agreement with the contents thereof.

3.                   The teacher will also have the right to submit a written answer to such material, and the answer shall be reviewed by the Superintendent (or his/her designee) and attached to the file copy.

B.            Complaints

Any serious complaints regarding a teacher made to any member of the administration by any parent, student, or other person, will be promptly called to the attention of the teacher by the administrator involved. The teacher will be advised of the nature of the complaint and the name of the party making the complaint.

C.            Discipline

The Association recognizes the authority and responsibility of the principal for disciplining or reprimanding a teacher for delinquency of professional performance. If a teacher is to be disciplined or reprimanded, he/she may request that a representative of the Association be present. Ail disciplining or reprimanding shall take place in private.

D.            Just Cause

No teacher will be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause. Nothing in this Section shall in any way inhibit or diminish the authority granted the Committee by Statute, with respect to a decision not to renew teachers without professional teacher status.

E.            System of Evaluation

The Superintendent will provide each new member of the bargaining unit, with a copy of the current evaluation system during the teachers initial three (3) weeks of employment.

Said system is incorporated by reference into this Contract except that said system is hereby amended by changing the evaluation cycle for the second cycle to be January 1 through April 1 for all bargaining unit members. As of August 26, 1996, the Principles of Effective Teaching (603 CMR 35.00) have been accepted and integrated into the current Manual on Observations and Evaluations. As of September 1, 2001, evaluations for teachers with professional status will be reduced to one (1) visitation and one (1) summary.

The TEA bargaining team has expressed agreement to the concept of the new evaluation system proposed during these negotiations by the School Committee. The parties have not concluded bargaining nor reached any agreement regarding the School Committee's proposal. The parties agree to continue bargaining over the issue during the 04-05 school year and agree to meet at least monthly to bargain. If agreement is reached, it will be presented to both parties for a ratification vote. If ratified, implementation will occur during the 05-06 school year.

ARTICLE XXI

SPECIALISTS AND SPECIAL PROGRAMS

A.        Specialists

The Committee and the Association join in recognition of the fact that an adequate number of competent, supportive specialists is essential to the operation of an effective educational program.

B.            Special Programs

The Association acknowledges the responsibility of the administrative staff to propose the introduction of specialized programs based on the overall needs of the educational program. Likewise, it understands the prerogative of the administrative staff to recommend competent specialists who will make the specialized program totally effective.

C.            Association Input Into Specialists' Positions

1.                   The Committee recognizes the concern of its professional personnel for the provision of supportive personnel and programs. Consequently, the Committee invites the President of the Association to submit, in writing, before June 15 of each school year, a list of suggested positions that seem necessary to the continuing progress of the educational program, together with the rationale for each position.

2.                   The list may include any category within the Pupil Personnel Division and/or other specialized supportive areas, such as Visual Arts, Department of Performing Arts, Physical Education, et al. Only positions which would be categorized as instructional-academic areas would be omitted from such a list.

3.                   The list of suggested positions would be brought to the attention of the Committee no later than the following October 15, with appropriate recommendations for action by the Superintendent's staff.

ARTICLE XXII

PROTECTION

A.            Reporting Assaults

Teachers will immediately report, in writing, all cases of assault suffered by them, in connection with their employment, to the Superintendent of Schools. This report will be forwarded to the Committee, which will comply with any reasonable request from the teacher for information in its possession relating to the incident or persons involved, and will act in appropriate ways as liaison between the teacher, the police, and the courts.

The Parties agree to refer to the JLMC to study the number and nature of assaults and the administrative response to said assaults and to make recommendations to the School Committee to create the most safe system-wide work environment.

B.            Reimbursement for Damage to Clothing or Personal Property

A Professional employee who claims that he/she has sustained damage to his/her clothing or other personal property as a result of breaking up fights in connection with their employment involving at least one (1) student, or as the victim of an assault and battery, while on school property or at school sponsored events or trips, shall be reimbursed by the School Committee for such loss. There shall be a cap of two hundred dollars ($200.00) per person per incident. If the employee has insurance to cover any such damage, then the payment authorized herein will cover any deductible required or damages not covered by insurance, again subject to the two hundred dollar ($200.00) cap.

C.        Protective Clothing

Upon request of an employee, the Committee will make available, without cost, frocks, coats, aprons, and other similar garments for use by those professional employees who are engaged in teaching activities which could be damaging to their personal clothing.

ARTICLE XXIII

ACADEMIC FREEDOM

Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher (provided such activities do not take place during working hours) or the lack thereof will be grounds for any discipline or discrimination with respect to the professional employment of such teacher.

ARTICLE XXIV

PAYROLL DEDUCTIONS AND AGENCY FEE

A.            Dues Deductions

The Committee agrees to deduct from the salary of its employees dues for the Taunton Education Association, Bristol County Education Association, Massachusetts Teachers Association, and the National Education Association, and to transmit the monies promptly to the Treasurer of the Taunton Education Association. Teacher authorization shall be in writing, on a form determined by the Treasurer of the Taunton Education Association.

B.            Bank/Credit Union Deductions

The Committee will make payroll deduction for the Taunton Federal Credit Union upon receipt of written authorization by the teachers, and transmit the money so deducted to the Taunton Federal Credit Union on a payroll basis.

The City of Taunton will make payroll deductions for any bank or credit union for all teachers through the direct deposit pay system. Direct deposit will be mandatory for all TEA members.

C.        Annuity Deductions

1.                   The Committee will, upon written request of a professional employee, enter into an agreement with said employee to reduce the amount of his/her salary to the extent permitted by Section 403 of the Internal Revenue Code, as amended, and to apply the amount of said deduction in salary to the purchase of a tax sheltered annuity plan for said employee(s).

2.                   Deductions will be made in equal amounts each pay period by the Committee from the employee's paycheck.

3.                   To be effective for a school year, annuity enrollment applications must be filed by the fourth (4th) Friday of September. Employees wishing to enroll in an annuity shall do so through the payroll clerk at the Central Office of the School Department. Enrollment applications will be delivered by said clerk to the Treasurer's Office on the Monday following the fourth (4lh) Friday of September.

4.                   Changes (i.e., additions to or deductions from the annuity amount) may be made in January to be effective in February, and in April to be effective in May. Changes shall be made through the payroll clerk at the Central Office of the School Department.

5.                   Contributory 403(b) Program

All new employees hired on or after July 1, 2007, will not be eligible for the retirement benefit in section F of Article XXV.

All employees who first begin work with the School District on or after July 1, 2007 shall be eligible to participate in a tax deferred compensation plan of the employee's choosing. (They will not be eligible to the retirement benefit set forth in section F of Article XXV.) The School Committee shall provide up to a maximum of three hundred ($300.00) dollars (pre-tax) contribution at the end of the employee's first year of service if the employee contributes a matching amount to the plan. The employee may contribute more to said plan if the employee chooses to do so as long as the amount of the contribution is authorized by law.

The aforementioned maximum contribution by the School Committee shall be increased to four hundred dollars ($400.00) in fiscal year 2009 and five hundred dollars ($500.00) in fiscal year 2010.

Current employees will have the option to participate in the 403(b) matching program by giving written notice at the beginning of each school year to the Superintendent. Once these employees opt into the 403(b) program they are no longer eligible to receive a lump sum payment according to Article XXV F. The decision to participate in the 403(b) program is final. Employees must sign the required forms by the fourth Friday of September in order to participate.

D.        Agency Fee

The Committee agrees to require, as a condition of employment, that all employees except those employees certified as members to the Committee by the Association, pay annually or by dues deduction to the Association as of the thirtieth (30th) day subsequent to the effective date of this Agreement, or thirty (30) days subsequent to the execution of this Agreement, whichever is later, an Agency Service Fee equal to the amount required to become a member and remain a member in good standing of the exclusive bargaining agent and those with whom they are affiliated, to or from which membership dues are paid. Said amounts will be certified annually to the Committee by the Association.

ARTICLE XXV

SICK LEAVE

A.            Annual Sick Leave

All employees in the Taunton School Department shall be allowed full salary for absences due to personal illness, disease, or injury, whether or not received in the line of duty, during each school year. Employees shall receive, in the aggregate, fourteen (14) sick leave days in each school year, during which the employee is in active service, and such leave shall accumulate without limit. Employees will be allowed, subject to the approval of the Superintendent or his designee, to use up to fourteen (14) days per year in cases of family illness. The sick leave provisions for first year teachers to the Taunton School System are set forth in Section D of this Article.

B.            Additional Sick Leave

When the scheduled total leave of an employee with professional teacher status has been fully used in prolonged absence resulting from injury, disease, or illness, at the written request of the employee, the School Committee may, at its discretion, provide additional leave for such employee during the remainder of the school year for such periods as deemed reasonable by the School Committee and in the best interest of the school system.

C.            Workers' Compensation

1.            Whenever an employee is absent from school as a result of personal injury

compensable under the Massachusetts Workers' Compensation laws, caused by an accident arising out of and in the course of his/her employment, he/she may elect to charge all or part of such absence during the period of temporary disability, due to the accident, to sick leave, in which event he/she shall receive the sick leave pay to which he/she is entitled for the period so charged, less the amount of any Workers' Compensation award made for temporary disability due to said injury for any period for which sick leave is paid. In the absence of such election, such employee shall not receive his/her sick leave payments during the period of his/her absence for temporary disability due to the accident, and his/her sick leave credit shall not be reduced by any reason of any Workers' Compensation payment he/she may receive for temporary disability due to injury.

In the event the employee elects to combine Workers' Compensation payments with sick leave, the employee will lose that percentage of what the Committee pays in sick days. For example: Workers' Compensation pays two-thirds, the Committee pays one-third, and the employee loses one-third of a sick day.

2.                   Notwithstanding Section C1  above, when a professional employee is injured as a result of an assault in the performance of his/her duties, and must be absent from school due to such injury, the School Committee shall pay the professional employee his/her full salary for the first five (5) days of absence, and the professional employee shall not suffer loss of any sick days for this period of time. In addition, when a professional employee is injured as a result of an assault in the performance of his/her duties, and must be absent from school due to such injury, the School Committee shall pay the professional employee his/her full salary, less the amount of Workmen's Compensation payments, for the entire period of such absence.   Such absence will not be charged to annual or accumulated sick leave and no portion of the full salary payment will be charged to the professional employee's sick leave.

3.                   In all such cases of extended leave, the School Committee shall request a statement from the attending physician certifying as to the nature of the injury, disease, or illness, and the inability of the employee to resume teaching duties.

D.            Sick Leave for First Year Employees

In the case of first year employees in the Taunton School System, sick leave shall accrue at the rate of 1.40 days per month during the school year. Said employees may use that school year's sick leave prior to its accrual up to fourteen (14) days. In the event an employee borrows leave in advance, as provided in this Section, and terminates employment with the Taunton School System prior to actually earning such leave, the employee agrees that an amount equal to the amount of used but unearned sick leave days multiplied by 1/185 of his/her annual basic salary will be deducted from his/her final paycheck.

E.            Physician's Certificate

Employees may be required to furnish a doctor's certificate from an attending physician for each sickness which extends beyond three (3) consecutive workdays. Said certificate, if required, shall be paid for by the Committee. The Committee reserves the right to have an independent physician examine any employee, at the City's expense claiming sick leave, who in their opinion may not be entitled to same, and/or who may not be incapacitated to perform some official duties.

F.        Severance Benefit Upon Retirement or Death

Upon Death:

Upon the death of an employee, his/her designated beneficiary (or if none, his or her surviving spouse, or if none, his or her estate) shall be entitled to a lump sum payment of forty-two percent (42%) of the accumulated sick leave/personal leave to which the employee was entitled upon the date of death.

Upon Retirement:

Within thirty (30) days of the effective date of an employee's retirement, the City will purchase pre-tax a single premium 403(b) annuity contract from the Insurance Company or Agent, or will contribute to a 403(b) custodial account, approved by the City in an amount equal to the amount of the unused sick leave/personal leave that the employee has accumulated up to a maximum of forty-two percent (42%) of the employee's accumulated sick leave/personal leave. The payment of such premium or such contribution by the City shall constitute full performance and complete discharge of the City's obligation to the employee with respect to the payment of unused sick leave/personal leave allowances; and further that 403(b) annuity contract payments or 403(b) custodial account payments shall be made directly to the employee by the Insurance Company or Agent or custodian so approved by the City; and further that said 403(b) annuity contract purchase or 403(b) custodial account contribution is on behalf of the employee and so is not subject to the bidding requirements of MGL c.30B.

If the total amount of money to be contributed to the 403(b) annuity contract or 403(b) custodial account would cause the employee to exceed the limit for total 403(b) contributions for the employer and the employee for that year under the applicable limitations of the Internal Revenue Code, the City will instead purchase two (2) single premium annuities or mate two (2) custodial account contributions. The first purchase will be within thirty (30) days of the effective date of an employee's retirement and will be in the amount of the maximum permitted amount for that year. The second purchase will be in the amount of the remainder of the total and will be made in January of the next year.

1.            Current employees will have the option to participate in the 403(b) matching program (Article XXIV, C. 5), by giving written notice at the beginning of each school year to the Superintendent. Once these employees opt into the 403(b) program they are no longer eligible to receive a lump sum payment according to Article XXV F. The decision to participate in the 403(b) program is final.

Sick Leave for Time Worked Beyond the Regular School Year

Members of the bargaining unit shall be allowed one (1) additional day of sick leave for each four (4) weeks of school time worked beyond the regular school year and such persons will be allowed to accumulate sick leave without limit.

Sick Leave Bank

1.                   A Sick Leave Bank will be maintained for use by qualified members whose sick leave accumulation is exhausted through prolonged illness or accident, and who require additional leave to make a full recovery from an extended illness.

2.                   The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of two (2) members designated by the School Committee (not covered by another bargaining unit) to serve at its discretion, and two (2) members designated by the Association and one (1) alternate. In the event of a tie vote, the Sick Leave Bank Committee shall choose a mutually acceptable third party to break the tie. The decision of the third party shall be final. Meetings of the Sick Leave Bank Committee will be held after school during the Superintendent's office hours.

3.                   Qualified members of the Sick Leave Bank shall be limited to full time personnel, job sharers and employees who work at least half time, who are covered by this Agreement and who have accumulated at least twenty-one (21) sick days to gain initial entry to the Bank.

4.                   Each qualified member shall have his/her sick leave accumulation reduced by one (1) day. Those days shall be deposited in the Bank to be utilized by other Bank members who have exhausted their own individual sick leave, both annual and accumulated, and who still have a serious extended illness or injury.

5.                   Application for benefits shall be made, in writing, to the Sick Leave Bank Committee accompanied by a doctor's certificate as to the need for days and the anticipated extent of extended recovery time from illness. The Sick Leave Bank Committee reserves the right to contact the applicant's physician to substantiate and/or clarify the certificate. The Sick Leave Bank Committee reserves the right to have an independent physician examine any employee at the City's expense. No elective medical procedures are covered by the Bank.

6.                   Applications for benefits may be made prior to the employee's exhaustion of his/her own personal sick leave to expedite benefits, but drawing upon the Bank will not actually commence until after the employee's own sick leave days are exhausted and adequate medical notification has been provided, and in no event, unless the prolonged illness has exceeded ten (10) consecutive school days.

7.                  The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed twenty (20) days.

8.                  Upon completion of the twenty (20) day period, additional entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant, but in no event shall an employee be granted more than one hundred eighty (180) days in a five (5) year calendar period, commencing on the date of the initial use of sick leave from the bank.

9.                  Subject to the foregoing requirements, a majority of the Sick Leave Bank Committee will determine the eligibility for the use of the Bank and the amount of leave to be granted. In administering the Bank and determining the amount of leave, the following general criteria shall be applied by the Committee:

a.             medical evidence of serious extended illness;

b.             prior utilization of eligible sick leave;

c.             other factors as a majority of the Sick Leave Bank Committee may deem appropriate.

No days may be withdrawn from the Bank for any other illness other than prolonged illness or accident. Days may not be withdrawn to permit an individual to stay at home to care for other members of the family. The decision of the Sick Leave Bank Committee with respect to eligibility and entitlement shall be final and binding, with any appeal limited to an appeal to the Bank Committee itself.

10.              Upon return from extended sick leave during which benefits were received through the Sick Leave Bank, the recipient shall be entitled to commence a new accumulation of individual sick leave in accordance with the provisions of the Collective Bargaining Agreement and on the same basis as other employees.

11.              The unused days in the Sick Leave Bank shall be carried over from the current Contract to a successor Contract.

12.              In the event the Sick Leave Bank goes under fifty (50) days during the term of this Agreement, all qualified members shall have their sick leave accumulation reduced by another day for deposit in the Bank.

13.              Although not part of this Contract, employees of the Taunton School Department who are members of the Taunton Administrators Association will be allowed to join in the Sick Bank established by this Contract as if members of the Taunton Education Association, for that purpose only.

14.              If a member is using Sick Leave Bank days while waiting for resolution of a workman's compensation claim and ultimately prevails on the workman's compensation claim, then the Employer will return the sick Leave Bank days used to the Sick Leave Bank. 15.      Members who leave employment with the Taunton Public Schools may donate any unused sick leave days to the Sick Leave Bank.

ARTICLE XXVI

EARLY RETIREMENT INCENTIVE

In order to provide an incentive for early retirement for those who so desire, and in order to preserve job opportunities for younger teachers who might otherwise now face a reduction in force, the parties agree as follows:

A.       Eligibility Requirements

A teacher who is retiring from the Taunton School System at the conclusion of the school year, and who is age 55, 56, 57, 58, 59, 60, or 61 during the school year at the end of which he/she will retire, shall be eligible for the following one-time salary adjustment above his/her salary placement on the Salary Schedule:

55 years                                   35%

56 years                                   35%

57 years                                   34%

58 years                                   33%

59 years                                   32%

60 years                                   31%

61 years                                   30%

B.        Notice Requirements

To be eligible for this program, a teacher must give written notice of intention to retire by April 15th of the school year preceding the year in which he/she plans to retire. Notwithstanding the above, in the event that the State offers an Early Retirement Incentive subsequent to the notice date requirement, said notice date shall be waived. This notice of retirement is final, and employees electing this provision must retire from the Taunton School System on the date indicated. Notices of intention to retire shall be kept confidential.

Retirement as used in this section shall mean that the employee has filed for and will receive or is receiving benefits from the Massachusetts Teachers Retirement Program. Written documentation of retirement status may be required by School Department personnel prior to the issuance of funds associated with this benefit.

C.        Commonwealth of Massachusetts Early Retirement

Employees participating in Retirement Pius (Chapter 114 of the Acts of 2000) shall not be eligible for the contractual retirement benefit set forth in Section A of this Article.

ARTICLE XXVII

METHOD OF PAYMENT OF SALARIES

A.            Payday

1.                   All employees covered by this Agreement shall be paid every other week on Friday. There will be a paycheck on the Friday of the first full week of school. The week containing the Labor Day holiday shall be considered a full week of school.

2.                   Notwithstanding the above, employees who do not have adequate sick leave to cover the last pay period in June shall not receive their last regular two week paycheck in accordance with this Section but will receive said paycheck no later than six (6) calendar days after the last day worked by said employees in June.

B.            Installments

1.                   Employees will be paid in twenty-six (26) equal installments with twenty-one (21) installments paid during the school year and the five (5) remaining equal installments to be paid in a lump sum at the conclusion of the last day of the school year.

2.                   Employees may opt to be paid in twenty-one (21) equal installments from September through June, with no money deferred. Employees desiring this option must notify the Superintendent's office by the July 15th prior to the beginning of the school year when the twenty-one (21) payment plan is to go into effect. This option will then continue each year unless the Superintendent's office is notified of a change by any subsequent July 15th.

3.                   Notwithstanding the requirement for "equal" installments in Sections 1 and 2 above, it is understood that annuity deductions may result in "unequal" installments.

C.            Appendix A

The basic salary schedules applying to all employees covered by this Agreement are set forth in Appendix A which is attached hereto and made a part hereof. Regular part-time personnel will be paid a pro rata salary.

ARTICLE XXVIII

TEXTBOOKS AND MATERIALS

A.            Each child will be provided with instructional materials as needed for his/her learning experience.

B.            All teachers will utilize the computerized IEP system for preparing their filing of the IEP's. Training will be provided by the School Department.

ARTICLE XXIX

GROUP HEALTH AND LIFE INSURANCE

A.        Health Insurance

1.             Employees will continue to have available the following health insurance benefits through the Massachusetts Interlocal Insurance Association, Inc., Health Benefits Trust effective September 1, 2004:

Blue Care Elect Preferred PPO, with student rider to age 23 and chiropractic rider and HMO Blue New England.

Altus Dental Plan.

2.             For Blue Care Elect Preferred PPO the city shall pay at least seventy-five percent (75%) and the employees shall pay no more than twenty-five percent (25%) of the premiums for said plan. For HMO Blue New England the city shall pay at least seventy-seven percent (77%) and the employees shall pay no more than twenty-three percent (23%) of the premium for said plan for current employees.

For employees hired after June 1, 2004 the city shall pay at least seventy-five percent (75%) and the employees shall pay no more than twenty-five percent (25%) of the premiums for said plan.

3.                   For Altus Dental Plan the City shall pay at least seventy-five percent (75%) and the employee no more than twenty-five percent (25%) of the premium of the Dental Plan in effect. Any additional premium elected by a subscriber as part of the optional "buy up plan" shall be the sole responsibility of the subscriber.

4.                   Employees who retire from service from the Taunton Public Schools will continue to receive health insurance benefits currently in effect for retired employees and the City will pay at least seventy-five percent (75%) and the retiree no more than twenty-five percent (25%) of the premium for said plan.

5.                   Employees will continue to be part of the "Survivor Benefits Program" pursuant to Chapter 32B, Section 9D.

B.            Life Insurance and Accidental Death and Dismemberment Insurance

1.                   Employees shall be insured for ten thousand dollars ($ 10,000) of group life insurance and group accidental death and dismemberment insurance and the City will pay at least seventy-five percent (75%) and the employee no more than twenty-five percent (25%) of the premium for said plan.

2.                   Retired employees of the Taunton School Department shall be insured for five-thousand dollars ($5,000) of group life insurance and five thousand dollars ($5,000) group accidental death and dismemberment insurance and the City will pay at least seventy-five percent (75%) and the retiree no more than twenty-five percent (25%) of the premiums for said plan.

C.            Increase In Benefits

Any increase in benefits provided by the City need not be negotiated.

D.            Flexible Benefit Plans

1.                   The employee portion (25%) of the health and life insurance premium shall be a pre-tax expense at the option of the employee.

2.                   The Committee hereby agrees, to allow its employees to be eligible to participate in Flexible Benefit Plans for Un-reimbursed Medical Expenses and/or Dependent Care Expenses. There shall be no cost to the employer.

ARTICLE XXX

LABOR MANAGEMENT MEETINGS

No less than three (3) times during each school year (in November, February and May), a labor/management committee comprised of not more than five (5) members from the Taunton Education Association and not more than five (5) members from the Taunton School Department (School Committee members and the Superintendent or Assistant Superintendents of Schools) shall meet to discuss any matters of concern to either party as to the operation of school system or any particular building or department therein.

It is understood and agreed that the meetings held pursuant to this Article may consider and discuss any issue of concern and that this entire process is independent of and without prejudice to the collective bargaining process.

These meetings shall not occur during normal school hours, but will be scheduled at the mutual convenience of the parties.

ARTICLE XXXI

MENTORING PROGRAM

1.                   Individuals who serve on the Mentor Leadership/Planning Team will be compensated for their work beyond the work day hours at the curriculum work hourly rate.

2.                   Mentors who work with their protege for the school year, will be awarded a stipend in June:

-    Participate in Mentor training

-    Work with Mentee throughout the year

3.             Mentors who work with his/her protege for the school year will be awarded 30 P.D.P.'s and a stipend of$306-2010-11; $312-2011-12; and $318-2012-13.

ARTICLE XXXII

C.O.R.I. REGULATIONS

In compliance with the provisions of Chapter 385 of the Acts of 2002, and in accord with the revised Procedures for the Implementation ofC. O.R.I. Regulations adopted by the Taunton School Committee on September 5, 2006 and attached hereto and incorporated by reference herein, the superintendent of schools or designee shall request and review CORI checks. Employees shall be made aware that CORI reports concerning them are being requested and when such request is actually made. Such checks shall take place not more than once every three years (3) without good cause. Employees shall be made aware that upon request they shall be provided with a copy of the CORI report received by the Superintendent. All CORI reports shall be kept in a separate, secure file maintained in the office of the Superintendent. Upon termination of employment, an employee may request in writing, that he/she be given his/her reports otherwise the report will be destroyed.

After review of a CORI report, the superintendent, or designee if he/she deems it necessary, may meet with the employee who may at such meeting, be represented by the Association. Any and all personnel actions resulting from information acquired from a CORI report shall be conducted pursuant to the provisions of the collective bargaining agreement and the General Laws of the Commonwealth.

ARTICLE XXXIII

DURATION

A.           Term of Agreement

The provisions of this Agreement shall be effective as of September 1, 2010, and shall, except as is otherwise noted, continue and remain in force and effect up through August 31,2013.

B.           Reopening of Contract

1.                   In the case of an unforeseen situation, the Committee and Association may, by mutual consent, open negotiations on any Article of concern which is contained in this Contract.

2.                   Said Agreement will automatically be renewed and will be continued in full force and effect for additional periods of one (1) year, unless either the Committee or the Association gives written notice to the other not later than ninety (90) days prior to the aforesaid expiration date, or any anniversary thereof, of its desire to reopen this Agreement and to negotiate over the terms of a successor Agreement. The provisions of this section shall apply to those Articles or parts thereof which expire at times other than at the expiration date of this Agreement.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this day of  2011.

Taunton Education Association                                       Taunton School Committee

By_______________________________________                _______________________________________

Janet Anderson, President

Ann Marie Benedetti                                                              Barry Cooperstein

Judy DaCosta                                                                          Peter Corr

Laurindo daGraca                                                                   Cathal O'Brien

Patricia Gailes

Karen George

Patricia Martin

______________________________________________

WENDY M. DEVINE'

Notary Public

APPENDIX A

Salary Schedule

2010-2011

Day 1-92

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

40,080

41,074

42,399

43,060

43,726

44,719

47,038

49,352

2

41,738

42,732

44,056

44,718

45,382

46,375

48,694

51,015

3

43,726

44,719

46,043

46,706

47,368

48,362

50,681

53,004

4

45,879

46,875

48,175

48,767

49,355

50,350

52,669

54,989

5

48,175

49,169

50,472

51,072

51,673

52,669

54,985

57,301

6

50,472

51,466

52,763

53,378

53,993

54,986

57,306

59,627

7

53,004

54,001

55,317

55,980

56,643

57,636

60,021

62,406

8

55,979

56,973

57,969

58,630

59,291

60,287

62,607

64,928

9

58,963

59,955

60,802

61,499

62,192

62,932

65,254

67,572

10

62,274

63,271

63,560

64,250

64,939

65,585

67,906

70,223

11

67,171

68,194

68,075

68,903

69,730

70,727

73,045

75,361

12

 

 

72,835

73,607

74,384

75,357

77,717

80,076

APPENDIX A

Salary Schedule

2010-2011

93rd Day

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

40,080

41,074

42,399

43,060

43,726

44,719

47,038

49,352

2

41,738

42,732

44,056

44,718

45,382

46,375

48,694

51,015

3

43,726

44,719

46,043

46,706

47,368

48,362

50,681

53,004

4

45,879

46,875

48,175

48,767

49,355

50,350

52,669

54,989

5

48,175

49,169

50,472

51,072

51,673

52,669

54,985

57,301

6

50,472

51,466

52,763

53,378

53,993

54,986

57,306

59,627

7

53,004

54,001

55,317

55,980

56,643

57,636

60,021

62,406

8

55,979

56,973

57,969

58,630

59,291

60,287

62,607

64,928

9

58,963

59,955

60,802

61,499

62,192

62,932

65,254

67,572

10

62,274

63,271

63,560

64,250

64,939

65,585

67,906

70,223

11

68,514

69,558

68,075

68,903

69,730

70,727

73,045

75,361

12

 

 

74,292

75,079

75,872

76,864

79,271

81,678

APPENDIX A

Salary Schedule 2010-2011 Annualized

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

40,080

41,074

42,399

43,060

43,726

44,719

47,038

49,352

2

40,909

41,903

43,228

43,889

44,554

45,547

47,866

50,184

3

42,732

43,726

45,050

45,712

46,375

47,369

49,688

52,010

4

44,803

45,797

47,109

47,737

48,362

49,356

51,675

53,997

5

47,027

48,022

49,324

49,920

50,514

51,510

53,827

56,145

6

49,324

50,318

51,618

52,225

52,833

53,828

56,146

58,464

7

51,738

52,734

54,040

54,679

55,318

56,311

58,664

61,017

8

54,492

55,487

56,643

57,305

57,967

58,962

61,314

63,667

9

57,471

58,464

59,386

60,065

60,742

61,610

63,931

66,250

10

60,619

61,613

62,181

62,875

63,566

64,259

66,580

68,898

11A

65,395

66,414

65,818

66,577

67,335

68,156

70,476

72,792

11B

67,843

68,876

 

 

 

 

 

 

12A

 

 

71,183

71,991

72,801

73,795

76,158

78,525

12B

 

 

73,563

74,343

75,128

76,111

78,494

80,877

APPENDIX A

Salary Schedule 2011 -2012

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

40,080

41,074

42,399

43,060

43,726

44,719

47,038

49,352

2

41,738

42,732

44,056

44,718

45,382

46,375

48,694

51,015

3

43,726

44,719

46,043

46,706

47,368

48,362

50,681

53,004

4

45,879

46,875

48,175

48,767

49,355

50,350

52,669

54,989

5

48,175

49,169

50,472

51,072

51,673

52,669

54,985

57,301

6

50,472

51,466

52,763

53,378

53,993

54,986

57,306

59,627

7

53,004

54,001

55,317

55,980

56,643

57,636

60,021

62,406

8

55,979

56,973

57,969

58,630

59,291

60,287

62,607

64,928

9

58,963

59,955

60,802

61,499

62,192

62,932

65,254

67,572

10

62,274

63,271

63,560

64,250

64,939

65,585

67,906

70,223

11

69,885

70,949

68,075

68,903

69,730

70,727

73,045

75,361

12

 

 

75,778

76,581

77,389

78,401

80,857

83,311

APPENDIX A

Salary Schedule 2012-2013 1st 92 Days

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

40,481

41,485

42,823

43,491

44,163

45,166

47,508

49,846

2

42,155

43,159

44,497

45,165

45,836

46,839

49,181

51,525

3

44,163

45,166

46,503

47,173

47,842

48,846

51,188

53,534

4

46,338

47,344

48,657

49,255

49,849

50,854

53,196

55,539

5

48,657

49,661

50,977

51,583

52,190

53,196

55,535

57,874

6

50,977

51,981

53,291

53,912

54,533

55,536

57,879

60,223

7

53,534

54,541

55,870

56,540

57,209

58,212

60,621

63,030

8

56,539

57,543

58,549

59,216

59,884

60,890

63,233

65,577

9

59,553

60,555

61,410

62,114

62,814

63,561

65,907

68,248

10

62,897

63,904

64,196

64,893

65,588

66,241

68,585

70,925

11

70,584

71,659

68,756

69,592

70,427

71,434

73,775

76,115

12

 

 

76,535

77,347

78,163

79,185

81,665

84,144

APPENDIX A

Salary Schedule

2012-2013

93rd Day

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

41,088

42,107

43,465

44,143

44,826

45,844

48,221

50,593

2

42,788

43,807

45,164

45,843

46,523

47,541

49,919

52,298

3

44,826

45,844

47,201

47,881

48,559

49,578

51,956

54,337

4

47,033

48,054

49,387

49,993

50,596

51,616

53,994

56,372

5

49,387

50,406

51,741

52,356

52,973

53,994

56,368

58,742

6

51,741

52,760

54,090

54,720

55,351

56,369

58,747

61,127

7

54,337

55,359

56,708

57,388

58,068

59,086

61,531

63,976

8

57,387

58,406

59,427

60,105

60,782

61,803

64,182

66,561

9

60,446

61,463

62,331

63,046

63,756

64,515

66,895

69,271

10

63,840

64,862

65,159

65,866

66,572

67,234

69,614

71,989

11

71,642

72,733

69,787

70,636

71,484

72,506

74,882

77,256

12

 

 

77,683

78,507

79,335

80,373

82,890

85,406

APPENDIX A

Salary Schedule 2012-2013 Annualized

STEP

B.A.

B.A. +30

M.A.

M.A. + 15

M.A. + 30

C.A.G.S.

M.A. + 60

DOCTORATE

 

 

 

 

 

MSW

2nd M.A.

 

 

 

 

 

 

 

 

 

 

 

1

40,784

41,796

43,144

43,817

44,494

45,505

47,865

50,219

2

42,472

43,483

44,830

45,504

46,180

47,190

49,550

51,912

3

44,494

45,505

46,852

47,527

48,200

49,212

51,572

53,936

4

46,685

47,699

49,022

49,624

50,222

51,235

53,595

55,955

5

49,022

50,033

51,359

51,970

52,581

53,595

55,951

58,308

6

51,359

52,371

53,690

54,316

54,942

55,952

58,313

60,675

7

53,936

54,950

56,289

56,964

57,639

58,649

61,076

63,503

8

56,963

57,974

58,988

59,660

60,333

61,347

63,707

66,069

9

59,999

61,009

61,871

62,580

63,285

64,038

66,401

68,760

10

63,368

64,383

64,677

65,379

66,080

66,738

69,099

71,457

11

71,113

72,196

69,271

70,114

70,956

71,970

74,329

76,685

12

 

 

77,109

77,927

78,749

79,779

82,278

84,775

Appendix A

2.             Longevity

a.             Upon completion of the years of service as a member of the Taunton Education

Association Bargaining Unit, as listed below, employees will annually receive longevity pay in a lump sum check to be paid no later than the July 15th following completion of the years. Longevity will be paid to employees who resign, retire, take a leave of absence, or are laid off.

 

2010-11

2011-12

2012-13

10 years

$1,479

$1,509

$1,539

15 years

$1,683

$1,717

$1,751

20 years

$1,836

$1,873

$1,910

25 years

$2,703

$2,757

$2,812

30 years

$3,009

$3,069

$3,131

b.             Notwithstanding Section a above any employee(s) of the Taunton Public Schools who have service outside of the bargaining unit who then enter the bargaining unit will be credited with half (1/2) of their total years of service outside of the bargaining unit for purposes of longevity.

c.             If an employee is in a non-pay status for more than ninety-one (91) days in any school year during which the employee is eligible for longevity, said employee will not receive longevity for that year, nor will that year count for purposes of counting years for longevity.

3.        Additional Stipends

The full stipend listed in the collective bargaining agreement shall be paid to every member holding a stipended position unless, in response to a posted vacancy, 2 members jointly apply for the one stipended position and indicate that they each are willing to share the duties and responsibilities of the position and would be willing to share the stipend. Within the application for the shared stipended position, the members will describe how the duties, responsibilities, and the stipend will be divided.

It is the intent of this agreement that in circumstances where members are sharing a stipend, there must clearly be a corresponding reduction in the scope of responsibility for the duties of the position and neither member shall be responsible for the full scope of the position.

Position

 

 

 

 

2010-11

2011-12

2012-13

IEP Translators (per page)

$7.31

$7.46

$7.61

Full Time Teaching Asst. Principal

$3,324

$3,391

$3,458

High School Library Media Specialist(S), Middle and Elementary Schools Library Media Specialises)

The rate of pay for the High School Library Media Specialist(s), Middle and Elementary Schools Library Media Specialist(s) shall be adjusted for the hours beyond the work day which are necessary to implement the "extended hours" for the high school library. The extended hours will be paid at the evening school rate x 1.30%.

The terms of the Memorandum of Agreement between the Taunton Education Association and the Taunton School Committee are incorporated herein by reference.

Ratio/Differential

Counselors*                          1.15                        1.18                        1.22

Social Workers**                1.15                        1.18                        1.22

*              Counselors will work the regular work year plus twenty (20) days. This will include ten (10) additional workdays in excess of the regular work year as determined by the Superintendent of Schools, plus two (2) evenings a month for counseling of parents, et al.

**        This includes four (4) additional weeks during the year.

NOTE: All language in Section 3 and all of Section 4 shall remain in full force and effect for current employees hired as Counselors or Social Workers prior to August 1, 1993.

4.             Position Ratio Schedule

a.             Salaries for professional personnel covered by this Agreement which are determined on the basis of a position ratio, will have the ratios set forth above applied to the appropriate step on the Master's Degree level of the appropriate salary schedule set forth in Appendix A, Section 1.

(1)       Said exceptions would be as follows:

(a)           Bargaining unit positions now held by individuals who hold less than a Master's Degree will have the ratio applied to the appropriate steps of the Bachelor's Degree.

(b)           Bargaining unit personnel who fall into a category of the salary schedule above the master's degree level will still have the ratio for this position determined at the master's degree level. Any other additional financial benefits accrued through experience, by course work and/or by degree status, would then be added to the salary of these individuals.

The same procedure would be used in cases of any such member of the bargaining unit who received a differential because of the special nature of the position.

b.             The formula used to determine a position ratio will include adequate and proper consideration of the length of the work year and the responsibilities and duties of the position as defined in the job description.

c.             In order to establish clearly the language related to any extended contract, the following terms are agreed to by the Committee and the Association.

(1)                Regular School Year: The normal school year, as determined each year by the Committee in accordance with the regulations set forth by the Massachusetts Department of Education and normally consisting of the ten (10) month period from September to the following June.

(2)                Regular School Year Plus Ten (10) Days: The regular school year plus ten (10) additional days shall consist of the ten (10) workdays in excess of the regular school year. Such ten (10) workdays shall be the five (5) workdays immediately after the close of the school year, and the five (5) workdays before the school year begins, unless the Superintendent of Schools gives written authorization to work some or all of said ten (10) days at a time or times other than the five (5) days after or the five (5) days before the school year.

(3)                Regular School Year Plus Twenty (20) Days: The regular school year plus twenty (20) days as specified in Article V, Section A 4 of this Contract.

d.             The ratio plan will consist of three (3) steps over a four (4) year period, and would be used on the following formula:

Step                                        Year in the Position

I                                              1 -2

11                                           3

III                                           4

This formula will allow for a meaningful evaluation of the performance of the individual serving in each position, and would provide that the maximum figure in the ratio plan would be reached in the year when the employee achieves professional teacher status.

e.             In order to assure an equitable beginning to the institution of a comprehensive ratio plan, it is agreed to implement the program as follows:

(1)                All professional personnel newly assigned to such bargaining unit positions will begin on Step 1 and progress through the ratio plan according to the formula in paragraph d of this Section.

(2)                In the event that an individual who holds such a bargaining unit position covered by the terms of this Agreement is elected to a higher position covered by this Agreement or covered by Administrator's Contract, and placement on the ratio schedule for such a higher position would result in the individual receiving less of a differential than he or she received for the previous position, the individual shall be placed on the next Step in the higher position which would result in he/she receiving a differential equal to or higher than the differential he/she was receiving in the previous position.

f.             The ratio schedule as defined in this section will be in effect for the duration of this salary agreement or any extension thereof.

5.             Salary Differential for All Counselors and Social Workers Hired as of August 1, 1993 *

The ratio system for all Counselors and Social Workers newly hired as of August 1, 1993 shall be eliminated. Newly hired would include anyone currently working in the system who is newly appointed to a Counselor or Social Worker position.

All Counselors and Social Workers who currently receive the ratio will continue on the ratio system, but for all newly hired Counselors and Social Workers, the following stipends will be added to the Teachers' Salary Schedule:

2010-11                 2011-12                 2012-13

$3,181                   $3,245                   $3,310

*  Counselors will work the regular work year plus twenty (20) days. This will include ten (10) additional workdays in excess of the regular work year, as determined by the superintendent of schools, plus two (2) evenings a month for counseling parents, et al.

**This includes four (4) additional weeks during the year.

NOTE: All language in Section 3 and all of Section 4 shall remain in full force and effect for current employees hired as Counselors or Social Workers prior to August 1, 1993.

APPENDIX B

COACHES

Employment as a professional employee in the Taunton Education Association by the Taunton Public Schools shall be a prerequisite for all positions set forth in Appendix B. If no qualified professional employee is available, the position may be filled by a person not employed as a professional employee.

Assignment of professional employees to any position listed in Appendix B shall be on a voluntary basis, shall be for one school year only and shall not be construed as creating any kind of tenure in such positions. Vacancies may occur in any of the positions listed in Appendix B by either, the incumbents indicating no interest in continuing such roles or by the Superintendent declaring the position vacant. All vacancies will be posted as soon as possible or on any annual list of vacancies.

The full stipend listed in the collective bargaining agreement shall be paid to every member holding a stipended position unless, in response to a posted vacancy, 2 members jointly apply for the one stipended position and indicate that they each are willing to share the duties and responsibilities of the position and would be willing to share the stipend. Within the application for the shared stipended position, the members will describe how the duties, responsibilities, and the stipend will be divided.

It is the intent of this agreement that in circumstances where members are sharing a stipend, there must clearly be a corresponding reduction in the scope of responsibility for the duties of the position and neither member shall be responsible for the full scope of the position.

2010-2011

POSITION

STEP I

STEP II

STEP III

Baseball

 

 

 

Head

5,022

5,669

6,386

Asst. (2)

2,894

3,235

3,567

Basketball

 

 

 

Head (Men)

6,296

6,980

7,659

Assistant (Men) (2)

3,571

3,917

4,253

Head (Women)

6,296

6,980

7,659

Assistant (Women) (2)

3,571

3,917

4,253

Softball

 

 

 

Head

5,022

5,669

6,386

Assistant (2)

2,894

3,235

3,567

Cross Country

 

 

 

Head

2,553

2,894

3,235

Assistant

1,510

1,705

1,970

Field Hockey

 

 

 

Head

4,426

4,767

5,107

Assistant

1,361

2,043

2,724

Football

 

 

 

Head

8,170

9,194

10,211

Assistants (5)

3,917

4,426

4,938

Golf

 

 

 

Head

2,553

2,894

3,235

Gymnastics

 

 

 

Head (Men)

3,402

3,917

4,252

Head (Women)

3,402

3,917

4,252

Ice Hockey

 

 

 

Head

4,899

5,516

6,297

Assistant

2,894

3,235

3,571

Soccer

 

 

 

Head (Men)

4,426

4,767

5,107

Head (Women)

4,426

4,767

5,107

Assistant (Men) (2)

1,361

2,043

2,724

Assistant (Women) (2)

1,361

2,043

2,724

Swimming

 

 

 

Head (Men)

3,314

3,641

3,973

Head (Women)

3,314

3,641

3,973

Tennis

 

 

 

Head (Men)

2,553

2,894

3,235

Head (Women)

2,553

2,894

3,235

Spring Track

 

 

 

Head (Men)

4,252

4,899

5,616

Head (Women)

4,252

4,899

5,616

Assistant (Men)

2,724

3,061

3,401

Assistant (Women)

2,724

3,061

3,401

Winter Track

 

 

 

Head (Men)

3,917

4,426

4,938

Head (Women)

3,917

4,426

4,938

Assistant (Men)

2,211

2,553

2,894

Assistant (Women)

2,211

2,553

2,894

Volleyball

 

 

 

Head (Men)

3,314

3,641

3,973

Head (Women)

3,314

3,641

3,973

Assistant

1,361

2,043

2,724

Cheerleading

 

 

 

Head

2,553

2,894

3,235

Assistant

1,872

2,211

2,553

Equipment Manager

3,973

4,469

4,965

Faculty Manager

4,742

5,240

5,734

Athletic Director

9,935

11,590

13,246

Strength Coach per season (3 seasons)

1,490

1,490

1,490

Wrestling Coach

 

 

 

Head

4,252

4,899

5,616

Assistant

2,724

3,060

3,402

Coaches

2011-2012

POSITION

STEP I

STEP II

STEP III

Baseball

 

 

 

Head

5,123

5,783

6,514

Asst. (2)

2,952

3,300

3,638

Basketball

 

 

 

Head (Men)

6,422

7,119

7,812

Assistant (Men) (2)

3,642

3,995

4,338

Head (Women)

6,422

7,119

7,812

Assistant (Women) (2)

3,642

3,995

4,338

Softball

 

 

 

Head

5,123

5,783

6,514

Assistant (2)

2,952

3,300

3,638

Cross Country

 

 

 

Head

2,604

2,952

3,300

Assistant

1,540

1,740

1,946

Field Hockey

 

 

 

Head

4,514

4,863

5,209

Assistant

1,388

2,084

2,779

Football

 

 

 

Head

8,334

9,378

10,415

Assistants (5)

3,995

4,514

5,037

Golf

 

 

 

Head

2,064

2,952

3,300

Gymnastics

 

 

 

Head (Men)

3,470

3,995

4,337

Head (Women)

3,470

3,995

4,337

Ice Hockey

 

 

 

Head

4,997

5,728

6,423

Assistant

2,952

3,300

3,642

Soccer

 

 

 

Head (Men)

4,514

4,863

5,209

Head (Women)

4,514

4,863

5,209

Assistant (2) (Men)

1,388

2,084

2,779

Assistant (2) (Women)

1,388

2,084

2,779

Swimming

 

 

 

Head (Men)

3,380

3,714

4,052

Head (Women)

3,380

3,714

4,052

Tennis

 

 

 

Head (Men)

2,604

2,952

3,300

Head (Women)

2,604

2,952

3,300

Spring Track

 

 

 

Head (Men)

4,337

4,997

5,728

Head (Women)

4,337

4,997

5,728

Assistant (Men)

2,779

3,122

3,469

Assistant (Women)

2,779

3,122

3,469

Winter Track

 

 

 

Head (Men)

3,995

4,514

5,037

Head (Women)

3,995

4,514

5,037

Assistant (Men)

2,256

2,604

2,952

Assistant (Women)

2,256

2,604

2,952

Volleyball

 

 

 

Head (Men)

3,380

3,714

4,052

Head (Women)

3,380

3,714

4,052

Assistant

1,388

2,084

2,779

Cheerleading

 

 

 

Head

2,604

2,952

3,300

Assistant

1,909

2,256

2,604

Equipment Manager

4,052

4,558

5,065

Facility Manager

4,837

5,345

5,849

Athletic Director

10,133

11,822

13,511

Strength Coach per season (3 seasons)

1,520

1,520

1,520

Wrestling Coach

 

 

 

Head

4,337

4,997

5,728

Assistant

2,779

3,122

3,469

2012-2013

POSITION

STEP I

STEP II

STEP III

Baseball

 

 

 

Head

5,225

5,898

6,644

Asst. (2)

3,011

3,366

3,711

Basketball

 

 

 

Head (Men)

6,551

7,262

7,969

Assistant (Men) (2)

3,715

4,075

4,425

Head (Women)

6,551

7,262

7,969

Assistant (Women) (2)

3,715

4,075

4,425

Softball

 

 

 

Head

5,225

5,898

6,644

Assistant (2)

3,011

3,366

3,711

Cross Country

 

 

 

Head

2,656

3,011

3,366

Assistant

1,571

1,774

1,984

Field Hockey

 

 

 

Head

4,605

4,960

5,313

Assistant

1,416

2,126

2,834

Football

 

 

 

Head

8,500

9,566

10,624

Assistants (5)

4,075

4,605

5,137

Golf

 

 

 

Head

2,656

3,011

3,366

Gymnastics

 

 

 

Head (Men)

3,539

4,075

4,424

Head (Women)

3,539

4,075

4,424

Ice Hockey

 

 

 

Head

5,097

5,843

6,552

Assistant

3,011

3,366

3,715

Soccer

 

 

 

Head (Men)

4,605

4,960

5,313

Head (Women)

4,605

4,960

5,313

Assistant (2) (Men)

1,416

2,126

2,834

Assistant (2) (Women)

1,416

2,126

2,834

Swimming

 

 

 

Head (Men)

3,448

3,789

4,133

Head (Women)

3,448

3,789

4,133

Tennis

 

 

 

Head (Men)

2,656

3,011

3,366

Head (Women)

2,656

3,011

3,366

Spring Track

 

 

 

Head (Men)

4,424

5,097

5,843

Head (Women)

4,424

5,097

5,843

Assistant (Men)

2,834

3,185

3,538

Assistant (Women)

2,834

3,185

3,538

Winter Track

 

 

 

Head (Men)

4,075

4,605

5,137

Head (Women)

4,075

4,605

5,137

Assistant (Men)

2,301

2,656

3,011

Assistant (Women)

2,301

2,656

3,011

Volleyball

 

 

 

Head (Men)

3,448

3,789

4,133

Head (Women)

3,448

3,789

4,133

Assistant

1,416

2,126

2,834

Chccrleading

 

 

 

Head

2,656

3,011

3,366

Assistant

1,947

2,301

2,656

Equipment Manager

4,133

4,649

5,166

Faculty Manager

4,934

5,451

5,966

Athletic Director

10,336

12,059

13,781

Strength Coach per season (3 seasons)

1,550

1,550

1,550

Wrestling Coach

 

 

 

Head

4,424

5,097

5,843

Assistant

2,834

3,184

3,539

APPENDIX C

EXTRA-CURRICULAR ADVISORS

Employment as a professional employee in the Taunton Education Association by the Taunton Public Schools shall be a prerequisite for all positions set forth in Appendix C. If no qualified professional employee is available, the position may be filled by a person not employed as a professional employee.

Assignment of professional employees to any position listed in Appendix B shall be on a voluntary basis, shall be for one school year only and shall not be construed as creating any kind of tenure in such positions. Vacancies may occur in any of the positions listed in Appendix C by either, the incumbents indicating no interest in continuing such roles or by the Superintendent declaring the position vacant. All vacancies will be posted as soon as possible or on any annual list of vacancies

The full stipend listed in the collective bargaining agreement shall be paid to every member holding a stipended position unless, in response to a posted vacancy, 2 members jointly apply for the one stipended position and indicate that they each are willing to share the duties and responsibilities of the position and would be willing to share the stipend. Within the application for the shared stipended position, the members will describe how the duties, responsibilities, and the stipend will be divided.

It is the intent of this agreement that in circumstances where members are sharing a stipend, there must clearly be a corresponding reduction in the scope of responsibility for the duties of the position and neither member shall be responsible for the full scope of the position.

 

STIPEND

STIPEND

STIPEND

POSITION

2010-2011

2011-2012

2012-2013

High School

 

 

 

THS Student Council

3,193

3,256

3,322

Journal

4,252

4,337

4,424

Assistant

2,126

2,168

2,212

Drama Club

5,394

5,502

5,612

Living Drama

2,196

2,240

2,285

Math Team Question Writer

764

779

795

Math Team Coach

1,701

1,735

1,770

Tauntonian* (2 positions)

2,196

2,240

2,285

THS Class Advisors**

1,294

1,320

1,347

THS Color Guard

786

802

818

THS Drill Team Advisor

3,393

3,256

3,322

THS Band

3,193

3,256

3,322

Assistant

1,590

1,622

1,654

Spotlight (per hour)

31

31

32

Academic Challenge

1,701

1,735

1,770

JV Academic Challenge

833

850

867

Literary Magazine (2 positions)

936

955

974

High School Activities Bookkeeper

3,409

3,477

3,547

National Honor Society

1,541

1,572

1,603

Key Club (2 positions)

894

911

930

Middle School

 

 

 

Newspaper

786

802

818

Student Council

786

802

818

Eighth Grade Sponsor - Yearbook

786

802

818

Drama Club***

1,374

1,401

1,429

Cheerleading

1,374

1,401

1,429

Basketball Coach

2,126

2,168

2,212

Baseball Coach

1,701

1,735

1,770

Softball Coach

1,701

1,735

1,770

Mid Years Magazine

1,030

1,051

1,072

Academic Challenge

786

802

818

Cross Country Coach

769

784

800

Math Team Coach

764

779

795

Elementary School

 

 

 

Yearbook Advisor

499

509

519

Nature and Me Planners

693

706

721

Any Accepted or Approved

 

 

 

Extracurricular activity, not listed in

 

 

 

Appendix C will be compensated at

 

 

 

Twenty-seven dollars and fifty cents ($27.50)

 

 

 

For an hourly rate.

28.05

$28.61

29.18

Act Now Stipend (27 hours)

1,207

1,231

1,255

Act Now Stipend (54 hours)

2,412

2,461

2,510

New Images Grant Positions

27.87

28.42

28.99

*    Tauntonian will be ready for printing eight (8) times per school year

**   Per Advisor no more than two (2) advisors per class

***Minimum of two (2) events per school year

Any accepted or approved extracurricular activity, not listed in Appendix C will be compensated at twenty-seven dollars and fifty cents ($27.50) for an hourly rate.

APPENDIX D

ADDITIONAL POSITIONS

Assignment of professional employees to the Middle School Head Teacher position in Appendix D shall be on a voluntary basis, shall be for one school year only and shall not be construed as creating any kind of tenure in such position. Vacancies may occur in this position by either the incumbent indicating no interest in continuing such role or by the superintendent declaring the position vacant. All vacancies will be posted as soon as possible or on any annual list of vacancies.

The full stipend listed in the collective bargaining agreement shall be paid to every member holding a stipended position unless, in response to a posted vacancy, 2 members jointly apply for the one stipended position and indicate that they each are willing to share the duties and responsibilities of the position and would be willing to share the stipend. Within the application for the shared stipended position, the members will describe how the duties, responsibilities, and the stipend will be divided.

It is the intent of this agreement that in circumstances where members are sharing a stipend, there must clearly be a corresponding reduction in the scope of responsibility for the duties of the position and neither member shall be responsible for the full scope of the position.

 

STIPEND

STIPEND

STIPEND

POSITION

2010-11

2011-12

2012-13

Head Counselor

4,107

4,189

4,272

Head Bilingual

4,107

4,189

4,272

Coordinator of Public Relations

3,871

3,948

4,027

Director - Total Quality School Program

18,000

18,360

18,727

Speech Language Coordinator/Supervisor

6,000

6,120

6,243

Supervisor Speech Language Pathologist As;

it. 3,000

3,060

3,122

Marketing Education Supervisor

5,319

5,426

5,534

1.                   Any days worked beyond the regular work year shall be paid at the employee's per diem rate of pay.

2.                   The class load shall be a maximum of four classes out of the first five classes of each school day. There shall be no assignment of duties.

3.                   The Marketing Education Supervisor shall be responsible for the overall operation of the storc(s) associated with the program.

4.                   The Supervisor shall be responsible for the coordination of staff and students at the store(s) and in the Marketing Education program.

5.                   The Supervisor shall have input into the evaluation of staff who work at the store.

6.                   The Supervisor will be compensated for mileage costs at the contractual rate.

7.                   The current practice with regard to traveling to pick up inventory will continue.

8.                   The Supervisor will be responsible for the DECA Club and will be compensated for meals, transportation and rooming when attending DECA functions with students.

9.                   Reimbursement for DECA functions which do not include student attendance shall be at the discretion of the Superintendent.

 

STIPEND

STIPEND

STIPEND

 

2010-11

2011-12

2012-13

Project Alert Head Teacher

8,392

8,559

8,731

1.                   The Project ALERT Head Teacher will work nine (9) days before the beginning of the teacher work year, and nine (9) days after the end of the teacher work year.

2.                   In addition, if the Project ALERT Head Teacher works any days beyond 202 days in years 2010-2011, 2011-2012, 2012-2013, he/she shall be paid at his/her per diem rate of pay.

In addition, if the Project ALERT Head Teacher works any day beyond his/her work year as defined in number 1 above, he/she shall be paid at his/her per diem rate of pay.

APPENDIX D

ADDITIONAL POSITIONS

 

2010-11

2011-12

2012-13

 

STIPEND

STIPEND

STIPEND

POSITION

 

 

 

Middle School Subject Head Teacher

2,840

2,896

2,954

Middle School Subject Head Teachers will not be assigned Cafeteria duty. Said duty will be handled by Administration.

TV Media Specialist

8,923

9,101

9,283

1.                   The Media Specialist will be provided a parking space at the rear of the High School.

2.                   Coverage of School Committee Meetings; The TV/Media Specialist will continue to tape the two regular School Committee meetings during the school year to include the summer meetings.

3.                   Taping of School Community Events: The TV/Media Specialist will be responsible for the taping of an additional ten events per year. These ten events will be in addition to regular monthly School Committee meetings, and they will not include sub-committee meetings of the School Committee. There will be no established time limit at any of the ten events, and they will occur when school is not in session. The ten events will be authorized only by the TV/Media Specialist's direct supervisor, the Director of Technology.

4.             Additional Coverage: The TV/Media Specialist will be paid the approved hourly tutor rate

for any meetings that are above and beyond the additional ten events per year. In order for the TV/Media Specialist to receive payment for the additional time, the taping of extra events must be authorized by the Director of Technology.

Home Tutors (per hour)

27.87

28.42

28.99

High School Evening Teachers (per hour)

27.87

28.42

28.99

Curriculum Work (per hour)

27.87

28.42

28.99

1.                   The Committee is under no obligation to pay staff members for curriculum work unless grant funds (state or federal) are available for that purpose.

2.                   Notices soliciting volunteers to work on curriculum revision or focus group activities will state whether or not the members will be paid.

3.                   The parties agree that it is desirable to pursue the establishment of a position of grant writer for the school system.

 

2010-11

2011-12

2012-13

Workshop Presenters (per hour)

117.30

119.65

122.04

1.       All "Workshop Presenters" topics, hours, team teaching presentations (with compensation equally divided unless the content of the presentation requires two presenters), presenters, and total compensation and budget must be approved in advance by the Superintendent or designee.

2.       When a teacher is asked to volunteer as a workshop presenter, reasonable attempts will be made, except in the case of an emergency, to provide thirty (30) days of prior notice to the date of the workshop.

3.       Teachers who participate in a professional development activity, during the regular teacher's workday, as a "Workshop Presenter" will receive the following stipend(s) based upon a three (3) hour session. Teachers who participate will receive stipends including any and all preparation time, of up to $361, $368, $376 for a three (3) hour sessions, with one (1) hour session being $108.00, $111.24, $115.00, and a two (2) hour session being $226.93, $231.47, $236.10.

4.   If a teacher agrees to act as a "Presenter" as a part of the professional development program described in Article XVIII - Professional Development G., the teacher will receive a stipend of $1,393, $1,421, $1,450 for a ten (10) hour workshop, or portion thereof. The above stipend includes the payment for any preparation necessary prior to the presentation.

NOTE: Workshop Presenters may receive compensation at the rate of $27.87, $28.42, $28.99 per hour for reasonable time expended on the research and presentation preparation for a set amount of hours. The Presenter must obtain prior approval from the Superintendent or his/her designee in order to be eligible for compensation.

 

2010-11

2011-12

2012-13

School Printing

4,295

4,381

4,469

School Improvement Liaison

1,530

1,561

1,592

APPENDIX E

The Taunton School Committee, the Taunton Administrators Association, and the Taunton Education Association hereby agree that the wages, hours, and terms and conditions of employment of persons filling Administrative Bargaining Unit positions on a temporary basis shall be as follows:

1.                   Temporarily filling a position for the purpose of this Memorandum of Agreement shall be defined as any situation wherein a person temporarily serves in a position in the Administrative Bargaining Unit, as defined in Article I of the Collective Bargaining Agreement. The terms of this Memorandum of Agreement shall take effect on the fifth (5th) day of temporary service in a bargaining unit position. Temporary service shall not exceed ninety (90) calendar days.

2.                   Any member of the Administrative Bargaining Unit who fills a temporary position shall suffer no loss of any benefit. Such person shall be treated as though he/she never left his/her permanent position, except that, for the period of temporary service, the salary shall be as provided by the Administrators' Collective Bargaining Agreement for the position being temporarily filled.

3.                   Any person from outside the Administrative Bargaining Unit who fills a temporary position shall be afforded all benefits of the Collective Bargaining Agreement, effective on the fifth (5th) day of such employment.   In the event the per diem rate of pay in the administrative position is less than the employee's pay in the teachers bargaining unit, said employee will receive the per diem rate of pay for the administrative position plus the following:

 

 

2010-11

2011-12

2012-13

Per Diem

Stipend

$34.59

$35.28

$35.99

4.             Temporary service in the Administrative Bargaining Unit, as provided herein, shall not constitute a break in continuous service for any provision within the Collective Bargaining Agreement between the Taunton School Committee and the Taunton Education Association. Such professional employee shall return to the same position he/she held immediately prior to the temporary position, provided that such position has not been eliminated, in which case the assignment shall be to as nearly comparable a position as possible. All benefits to which a professional employee was entitled shall be restored as though he/she never served such temporary service, but had remained in the permanent position.

APPENDIX F

1.                   The Act Now and the Project New Images Program are not designed to supplant existing programs or personnel.

2.                   When positions in the above programs become available, they will normally be posted for ten (10) school days, but for no less than five (5) workdays. Posting will be in the main office of the schools, on house bulletin boards at the High School and on the Taunton Education Association bulletin boards at each school. The posting will include qualifications, salary, hours, length of the program, working conditions, and job responsibilities.

3.                   These positions are voluntary.

4.                   The stipend for Act Now will be as follows:

10-11       11-12       12-13

A.    18 classes x 1.5 hours = 27 hours (2.5 credits)-Stipend        $1,207     $1,231    $1,256

B.    18 classes x 3 hours = 54 hours (5 credits) - Stipend             $2,412     $2,461    $2,510

5.                   The stipend for the New Images grant positions will be paid at the rate of $27.87, $28.42, $28.99 per hour. Retirement will not be deducted from wages for these positions.

6.                   Any person who holds one of these positions and who does not also hold a position listed in Article I of the Collective Bargaining Agreement shall be covered by the Agreement solely for the purpose of wages.

APPENDIX G

 JOINT SUB-COMMITTEES

The parties have agreed to establish Joint Sub-Committees comprised of five (5) members chosen by the School Committee and five (5) members chosen by the Association.

These committees do not have authority to alter the current agreement however, the Joint Sub-Committee may make recommendations to the Negotiations Team of the School Committee and the Association.

These Joint Sub-Committees are:

a.             A Joint Sub-Committee to review the workload and staffing issues at the Barnum Pre­ school.

b.             A Joint Sub-Committee to clarify the current Evaluation Procedures. It is not the charge of the Sub-Committee to alter the current procedures, but rather to assure that the process is being uniformly and correctly utilized throughout the system. Suggested changes from the Joint Sub-Committee will be recommended to the Negotiations Teams.

c.             A Joint Sub-Committee to review the Inclusion Model and its application concerning Article VIII - Class Size.

d.             A Joint Committee to discuss the Professional Development schedule and the professional development offerings in light of the needs of the district and the TEA members.

e.             A Joint Committee to address the issue of class size and the delivery of inclusion services.

f.             A Joint Committee to discuss the issues at Barnum School, including, but not limited to, adding a diagnostic team, and the schedule of days for students.

g.             A Joint Committee to meet during the year to discuss the future use of School Brains. Any use is voluntary for the 2010-2011 school year.

h.             The Association agrees to look at and consider the recommendations of the scheduling committee which is exploring options for a schedule for the pilot 8th grade program being housed at the High School during the 2010-2011 school year to determine whether any recommended modifications to either or the current 8th grade or High School schedules could be made for the 8th grade pilot for the 2010-2011 school year. In the event that the Association cannot agree to any changes for the 2010-2011 school year, it is expressly understood and agreed that the 8tn grade pilot schedule for the 2010-2011 schedule will remain either the current 8th grade schedule or the current High School schedule. It is also agreed and understood that nothing herein is intended to waive any contractual or statutory rights of either party with regard to schedules in any school including the High School.

TAUNTON PUBLIC SCHOOLS

110 county street

Taunton, Massachusetts 02780

Telephone: 508-821-1100

 Fax: 508-821-1177

Arthur W. Stellar, Ph.D.

Superintendent of Schools

Steven C. Leonard, Ed.D.

Assistant Superintendent

Curriculum & Instruction

William J. Frangiamore

Business Manager

Memorandum of Agreement

Taunton Public Schools and the

Taunton Education Association

Now come the parties in the above entitled matter, and as a result of collective bargaining, hereby agree to amend the existing collective bargaining agreement between the Taunton Education Association and the Taunton School Committee, as follows:

Dental Coverage:

Item 1. Any reference to the requirement for Blue Cross/Blue Shield Dental Plan, (Dental Blue) shall be eliminated from the Contract.

Item 2. The following language shall be added:

The parties agree to incorporate into the agreement the Altus Dental Plan, to provide Dental Coverage for members of the Collective Bargaining agreement in accordance with the attached policy documents.

Item 3. The parties will continue to share the premium costs for the Contributory portion of the Plan 75/25, respectively. Any additional premium elected by a subscriber as part of the optional "buy up plan" shall be the sole responsibility of the subscriber.

Item 4. Any language or requirement in any agreement between the parties regarding Dental Coverage which is in material conflict with the language contained in this memorandum of agreement is hereby repealed.

________________________________________   ________________________________________

Chairperson, Taunton School Committee                                   Janet Anderson, President

                                                                                                           Taunton Education Association

_______________________________________       __________________________________________

Date                                                                                         Date

"Where Children Come First"

The Taunton Public School System does not discriminate on the basis of age, race, color, sex, religion, national origin, sexual orientation or disability

Altus Dental

MAXIMUM CARRY OVER PROVISION

Alms Dental clients can implement an annual Maximum Carry Over Provision as part of their dental benefit program. This product feature allows Altus Dental members to carry­over an unused portion of their annual maximum that can then be used in a future year when the member uses up that years benefit program maximum.

·  Any member (subscribers and their dependents) enrolled for a full calendar year is eligible for the annual maximum carry over provision,

·   Members must submit a preventive claim within the calendar year to qualify for a carry over and total claim activity cannot exceed the paid claims threshold during the benefit year.

·   Determination of carryover amounts will be made within the 45 days following the end of the calendar year and made available to the member within 60 days of the end of the calendar year.

·   Benefits with lifetime maximums, such as Orthodontics, are excluded from the carry over provision.

ANNUAL MAXIMUM AND CARRY OVER PROVISION

ANNUAL MAXIMUM    CLAIM  THRESHOLD    ANNUAL CARRYOVER    CARRYOVER LIMIT

$750                                     $300                                       $200                                         $500

altus dental insurance company inc. ****