Taunton

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DistrictTaunton
Shared Contract District
Org Code2930000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2017
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
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CONTRACTUAL AGREEMENT

BETWEEN THE

TAUNTON SCHOOL COMMITTEE

AND THE

TAUNTON EDUCATION ASSOCIATION

Effective

September 1, 2014

Through and Including

August 31, 2017

CONTRACTUAL AGREEMENT

BETWEEN THE

TAUNTON SCHOOL COMMITTEE

AND THE

TAUNTON EDUCATION ASSOCIATION

Effective

September 1, 2014

Through and Including

August 31, 2017

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, 2014, 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 tree 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, Speech Language Coordinator/Supervisor and Speech Language Supervisor. 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 all 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 he 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.

Starting with the 2014-2015 school year, the work year for educators (other than new personnel) will begin no earlier than the Monday prior to Labor Day. It is agreed that there will be no school on the Friday prior to Labor Day. The school calendar shall reflect the traditional school vacation periods (e.g. week-long school vacations in December, February, and April). The Association is aware that the Committee has the right to revise the school calendar and make changes during the school year to ensure compliance with the state regulations.

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. At Taunton High School, the workday shall begin at 1:15 a.m. and end at 2:00 p.m.

All Association members shall sign in and out of the school building whenever they leave during the work day for any reason. With the exception of their lunch period, all Association members must obtain prior approval from the building principal, or designee, to leave during the work day for any reason.

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.

It is further agreed that the Administration will work with the TEA to determine ways to increase the individual planning time for all specialists. It is understood that this is a mutual goal for both the TEA and the Administration, and we will work to find ways to ensure equitable planning time for specialists in the future.

d.         In addition to then lunch period, elementary classroom teachers (grades K through 4), special needs classroom teachers, and ELL classroom teachers will be guaranteed three hundred twenty (320) minutes of individual preparation time per six (6) day cycle during which they will be assigned no other duties. Said preparation periods shall be a minimum of forty (40) consecutive minutes per day inclusive of a five (5) minute change over time, and shall be scheduled during the pupil day. The additional periods may be divided into periods less than forty (40) minutes, but shall not be less than twenty (20) minutes in duration. In addition to the three hundred twenty (320) minutes of individual preparation time, forty (40) minutes of principal-directed common planning time will be allotted for every six (6) day cycle. All preschool teachers will be guaranteed one (1) preparation period per day. Said preparation periods shall be for a minimum of forty (40) consecutive minutes. [The Parties agree to meet and negotiate should problems arise with implementation of this new language].

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. 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 for the purposes of parent/teacher conferences.

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 8-12, 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).

9.        Preschool and Kindergarten teachers shall be given the time needed, up to two (2) hours, of additional preparation time on Fridays during the NAEYC reaccreditation window provided that Kindergarten grant funding for said release time is available. This additional time shall be for the teachers to perform work associated with the reaccreditation.

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-live (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.

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 5-7) and High School (Grades 8-12)

Academic Subjects

Class Size of twenty-eight (28)

Science laboratories

Grades 5-7. Class size of twenty-eight (28)

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

Grades 8-12. 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/Recommendations.

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 he 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

The staffing for inclusion classrooms shall be established in accordance with the terms and conditions of Appendix I, attached hereto and incorporated herein

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 Elementary and Secondary 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 district, teachers will receive credit for all outside experience in a public school system recognized by the state for each full-year of licensed educational service. Occupational Therapists, Physical Therapists, Speech Therapists and Adaptive Physical Educators will receive credit for outside experience for all satisfactory clinical service performed in a licensed setting while working under their respective license. New teachers may be given up to three years credit (step 4) for experience outside of a public school system 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 licensure, teachers will not be assigned, except temporarily and for good cause, outside the scope of their teaching licensure 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 of the High School, on the Taunton Public Schools website, on the Taunton Education Association bulletin boards at each school and via an email to all employees with an attachment containing the posting and the internal application sheet.  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 he 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. Reassignrnents/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 tilled 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 discipline(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 XL

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 License

F.         Business Technology

G.        Industrial Technology or Family and Consumer Science

H.       Reading

I.         In-School Suspension Supervisor

J.         Jr. ROTC

K.       Access Center Coordinator

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

c.        Both Levels

Visual Arts, Performing Arts, Physical Education including Adaptive Physical Education, Remedial Reading, Guidance Counselors, Adjustment Counselors, Case Workers, Social Workers, English Language Learners, 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.         Possession of an Instructional Technology License-All Levels

2.         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 fist 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.

H.       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.

I.         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 the 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 then* 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

SABBATICAL 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 fall 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.

I).       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.

3.         The Taunton Public Schools will make professional development opportunities available to all interested core academic teachers to assist them in meeting the DESE Sheltered English Immersion (SEI) requirements. These opportunities may include: The full SEI course, the two (2) abridged courses, and a locally created test preparation course which would prepare the educator for the option of receiving the SEI endorsement by passing an online test. These professional development opportunities shall be voluntary and non-compensable.

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' hack 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 he 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 he 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 My 1, 2007 until June 30, 2008. The Administration will he 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 and subsequent courses 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 tiles 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. All 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. The current evaluation system is hereby set forth as Appendix K and incorporated herein by reference into this Contract.

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 lights 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 he 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 (4th) 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 five hundred ($500.00) 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. Beginning with the 2014-2015 school year, the aforementioned maximum contribution by the School Committee shall be increased to five hundred fifty dollars ($550.00) in fiscal year 2015, and six hundred dollars ($600.00) in fiscal year 2016.

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 Ml 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.

G.       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.

H.       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.       Exceptions to number 9, above, may be made for circumstances of extreme hardship. In cases of extreme hardship, application for benefits shall be made directly to the TEA Board of Directors accompanied by sufficient information as to the need for days and the anticipated time period of leave. The TEA Board of Directors reserves the right to request additional information. The TEA Board shall vote on the request and the vote requires a 4/5 majority to grant approval of days. The decision of the TEA Board shall be final and binding, with any appeal limited to an appeal to the TEA Board itself. The maximum days granted shall not exceed sixty (60) days. Any member granted days for extreme hardship shall repay the bank at a rate of two (2) days per school year until such time that the total number of days granted are repaid, or the member retires or resigns.

11.       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, except as modified by number 10, above, and on the same basis as other employees.

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

13.       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,

14.       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.

15.       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.

16.      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 Plus (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.         Effective September 1, 2013, only those employees who are currently being paid in twenty-one (21) equal installments from September through June, with no money deferred can retain this option. No other employees shall be eligible to opt for this method of payment.

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 lEP'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.

6.         Effective My 1, 2011, the Health Insurance provisions of this Agreement shall be modified as set forth in Appendix H and incorporated by reference into this Contract, as it may be subsequently amended.

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 protégé 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 protégé for the school year will be awarded 30 P.D.P.'s and a stipend of $318.

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 of C.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. [The parties agree to meet and negotiate over the 2013 requirements added to the CORI regulations.]

ARTICLE XXXIII

DURATION

A.        Term of Agreement

The provisions of this Agreement shall be effective as of September 1, 2014, and shall, except as is otherwise noted, continue and remain in force and effect up through August 31,2017.

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 _______ 2014.

Taunton Education Association                                           Taunton School Committee

By:_______________________________                   ______________________________

Nancy Everidge, President                                                     David F. Souza

__________________________________

__________________________________

__________________________________

COMMONWEALTH OF MASSACHUSETTS

BRISTOL, SS

On this _____ day of _____, 2014, before me, the undersigned notary public, personally appeared the above-named, David F. Souza, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to be the persons whose names are signed on the foregoing document, and acknowledged to me that they signed it voluntarily for its stated purpose.

________________________________

Notary Public

My Commission Expires:

COMMONWEALTH OF MASSACHUSETTS

BRISTOL, SS

On this ______ day of ______ 2014, before me, the undersigned notary public, personally appeared the above-named, Nancy Everidge, President, proved to me through satisfactory evidence of identification, which was personal knowledge of the undersigned, to he the persons whose-names are signed on the foregoing document, and acknowledged to me that they signed it voluntarily for its stated purpose.

________________________________

Notary Public

My Commission Expires:

APPENDIX A

Salary Schedule

2014-2015

1st 92 Days - Move on Step

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

41,910

42,949

44,334

45,026

45,723

46,761

49,185

51,605

2

43,644

44,683

46,067

46,760

47,453

48,492

50,917

53,344

3

45,723

46,761

48,145

48,839

49,530

50,570

52,995

55,424

4

47,974

49,015

50,375

50,993

51,608

52,648

55,074

57,499

5

50,375

51,414

52,776

53,403

54,032

55,074

57,495

59,917

6

52,776

53,815

55,172

55,814

56,458

57,496

59,922

62,350

7

55,424

56,466

57,842

58,536

59,229

60,268

62,762

65,256

8

58,535

59,574

60,616

61,307

61,998

63,039

65,466

67,892

9

61,655

62,692

63,578

64,307

65,031

65,805

68,233

70,656

10

65,117

66,159

66,462

67,183

67,903

68,579

71,006

73,429

11

73,075

74,188

71,183

72,049

72,914

73,956

76,380

78,801

12

 

 

79,237

80,077

80,922

81,980

84,548

87,114

APPENDIX A

Salary Schedule

2014-2015

93rd Day-2% Increase

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

42,748

43,808

45,221

45,927

46,637

47,696

50,169

52,637

2

44,517

45,577

46,988

47,695

48,402

49,462

51,935

54,411

3

46,637

47,696

49,108

49,816

50,521

51,581

54,055

56,532

4

48,933

49,995

51,383

52,013

52,640

53,701

56,175

58,649

5

51,383

52,442

53,832

54,471

55,113

56,175

58,645

61,115

6

53,832

54,891

56,275

56,930

57,587

58,646

61,120

63,597

7

56,532

57,595

58,999

59,707

60,414

61,473

64,017

66,561

8

59,706

60,765

61,828

62,533

63,238

64,300

66,775

69,250

9

62,888

63,946

64,850

65,593

66,332

67,121

69,598

72,069

10

66,419

67,482

67,791

68,527

69,261

69,951

72,426

74,898

11

74,537

75,672

72,607

73,490

74,372

75,435

77,908

80,377

12

 

 

80,822

81,679

82,540

83,620

86,239

88,856

APPENDIX A

Salary Schedule

2014-2015

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

42,329

43,379

44,778

45,477

46,180

47,229

49,677

52,121

2

44,081

45,130

46,528

47,228

47,928

48,977

51,426

53,878

3

46,180

47,229

48,627

49,328

50,026

51,076

53,525

55,978

4

48,454

49,505

50,879

51,503

52,124

53,175

55,625

58,074

5

50,879

51,928

53,304

53,937

54,573

55,625

58,070

60,516

6

53,304

54,353

55,724

56,372

57,023

58,071

60,521

62,974

7

55,978

57,031

58,421

59,122

59,822

60,871

63,390

65,909

8

59,121

60,170

61,222

61,920

62,618

63,670

66,121

68,571

9

62,272

63,319

64,214

64,950

65,682

66,463

68,916

71,363

10

65,768

66,821

67,127

67,855

68,582

69,265

71,716

74,164

11

73,806

74,930

71,895

72,770

73,643

74,696

77,144

79,589

12

 

 

80,030

80,878

81,731

82,800

85,394

87,985

APPENDIX A

Salary Schedule

2015-2016

1st 92 Days - Move on Step and Add 10A

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

42,748

43,808

45,221

45,927

46,637

47,696

50,169

52,637

2

44,517

45,577

46,988

47,695

48,402

49,462

51,935

54,411

3

46,637

47,696

49,108

49,816

50,521

51,581

54,055

56,532

4

48,933

49,995

51,383

52,013

52,640

53,701

56,175

58,649

5

51,383

52,442

53,832

54,471

55,113

56,175

58,645

61,115

6

53,832

54,891

56,275

56,930

57,587

58,646

61,120

63,597

7

56,532

57,595

58,999

59,707

60,414

61,473

64,017

66,561

8

59,706

60,765

61,828

62,533

63,238

64,300

66,775

69,250

9

62,888

63,946

64,850

65,593

66,332

67,121

69,598

72,069

10

66,419

67,482

67,791

68,527

69,261

69,951

72,426

74,898

10A

70,478

71,577

70,199

71,009

71,817

72,693

75,167

77,638

11

74,537

75,672

72,607

73,490

74,372

75,435

77,908

80,377

12

 

 

80,822

81,679

82,540

83,620

86,239

88,856

APPENDIX A

Salary Schedule

2015-2016

93rd Day - 2% Increase

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

43,603

44,684

46,125

46,846

47,570

48,650

51,172

53,690

2

45,407

46,489

47,928

48,649

49,370

50,451

52,974

55,499

3

47,570

48,650

50,090

50,812

51,531

52,613

55,136

57,663

4

49,912

50,995

52,411

53,053

53,693

54,775

57,299

59,822

5

52,411

53,491

54,909

55,560

56,215

57,299

59,818

62,337

6

54,909

55,989

57,401

58,069

58,739

57,819

62,342

64,869

7

57,663

58,747

60,179

60,901

61,622

62,702

65,297

67,892

8

60,900

61,980

63,065

63,784

64,503

65,586

68,111

70,635

9

64,146

65,225

66,147

66,905

67,659

68,463

70,990

73,510

10

67,747

68,832

69,147

69,898

70,646

71,350

73,875

76,396

10A

71,888

73,009

71,603

72,429

73,253

74,147

76,670

79,190

11

76,028

77,185

74,059

74,960

75,859

76,944

79,466

81,985

12

 

 

82,438

83,313

84,191

85,292

87,964

90,633

APPENDIX A

Salary Schedule

2015-2016

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

43,176

44,246

45,673

46,387

47,104

48,173

50,671

53,164

2

44,962

46,033

47,458

48,172

48,886

49,957

52,455

54,955

3

47,104

48,173

49,599

50,314

51,026

52,097

54,596

57,098

4

49,423

50,495

51,897

52,533

53,167

54,238

56,737

59,236

5

51,897

52,967

54,371

55,016

55,664

56,737

59,232

61,726

6

54,371

55,440

56,838

57,500

58,163

59,233

61,731

64,233

7

57,098

58,171

59,589

60,304

61,018

62,088

64,657

67,227

8

60,303

61,373

62,447

63,159

63,871

64,943

67,443

69,943

9

63,517

64,586

65,499

66,249

66,996

67,792

70,294

72,790

10

67,083

68,157

68,469

69,213

69,954

70,651

73,151

75,647

10A

71,183

72,293

70,901

71,719

72,535

73,420

75,919

78,414

11

75,283

76,429

73,333

74,225

75,116

76,190

78,687

81,181

12

 

 

81,630

82,496

83,366

84,456

87,102

89,745

APPENDIX A

Salary Schedule

2016-2017

1st 92 Days - Move on Step and Add 11A

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

44,039

45,131

46,586

47,314

48,046

49,137

51,684

54,227

2

45,861

46,954

48,407

49,135

49,864

50,956

53,504

56,054

3

48,046

49,137

50,591

51,320

52,046

53,139

55,687

58,240

4

50,411

51,505

52,935

53,584

54,230

55,323

57,872

60,420

5

52,935

54,026

55,458

56,116

56,777

57,872

60,416

62,960

6

55,458

56,549

57,975

58,650

59,326

60,417

62,965

65,518

7

58,240

59,334

60,781

61,510

62,238

63,329

65,950

68,571

8

61,509

62,600

63,696

64,422

65,148

66,242

68,792

71,341

9

64,787

65,877

66,808

67,574

68,336

69,148

71,700

74,245

10

68,424

69,520

69,838

70,597

71,352

72,064

74,614

77,160

10A

72,607

73,739

72,319

73,153

73,986

74,888

77,437

79,982

11

76,788

77,957

74,800

75,710

76,618

77,713

80,261

82,805

11A

 

 

79,031

79,928

80,826

81,929

84,553

87,172

12

 

 

83,262

84,146

85,033

86,145

88,844

91,539

APPENDIX A

Salary Schedule

2016-2017

93rd Day - 2% Increase

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

44,920

46,034

47,518

48,260

49,007

50,120

52,718

55,312

2

46,778

47,893

49,375

50,118

50,861

51,975

54,574

57,175

3

49,007

50,120

51,603

52,346

53,087

54,202

56,801

59,405

4

51,419

52,535

53,994

54,656

55,315

56,429

59,029

61,628

5

53,994

55,107

56,567

57,238

57,913

59,029

61,624

64,219

6

56,567

57,680

59,135

59,823

60,513

61,625

64,224

66,828

7

59,405

60,521

61,997

62,740

63,483

64,596

67,269

69,942

8

62,739

63,852

64,970

65,710

66,451

67,567

70,168

72,768

9

66,083

67,195

68,144

68,925

69,703

70,531

73,134

75,730

10

69,792

70,910

71,235

72,009

72,779

73,505

76,106

78,703

10A

74,059

75,214

73,765

74,616

75,466

76,386

78,986

81,582

11

78,324

79,516

76,296

77,224

78,150

79,267

81,866

84,461

11A

 

 

80,612

81,527

82,443

83,568

86,244

88,915

12

 

 

84,927

85,829

86,734

87,868

90,621

93,370

APPENDIX A

Salary Schedule

2016-2017

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

44,480

45,583

47,052

47,787

48,527

49,629

52,201

54,770

2

46,320

47,424

48,891

49,627

50,363

51,466

54,039

56,615

3

48,527

49,629

51,097

51,833

52,567

53,671

56,244

58,823

4

50,915

52,020

53,465

54,120

54,773

55,876

58,451

61,024

5

53,465

54,567

56,013

56,677

57,345

58,451

61,020

63,590

6

56,013

57,115

58,555

59,237

59,920

61,021

63,595

66,173

7

58,823

59,928

61,389

62,125

62,861

63,963

66,610

69,257

8

62,124

63,226

64,333

65,066

65,800

66,905

69,480

72,055

9

65,435

66,536

67,476

68,256

69,020

69,840

72,417

74,988

10

69,108

70,215

70,537

71,303

72,066

72,785

75,360

77,932

10A

73,333

74,477

73,042

73,885

74,726

75,637

78,212

80,782

11

77,556

78,737

75,548

76,467

77,384

78,490

81,064

83,633

11A

 

 

79,822

80,728

81,634

82,749

85,398

88,044

12

 

 

84,095

84,988

85,884

87,007

89,733

92,455

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.

2014-17

10 years                                    $1,539

15 years                                    $1,751

20 years                                    $1,910

25 years                                    $2,812

30 years                                    $3,131

b.         Notwithstanding Section a above any employee(s) of the Taunton Public Schools who have service outside of the bargaining unit with the Taunton Public Schools only, who then enter the bargaining unit will be credited with half (1/2) of such 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                                                                    2014-17

IEP Translators (per page)                                     $7.61

Full Time Teaching Asst. Principal                       $3,458

High. School Library Media Specialist(s), Middle and Elementary Schools Library Media Specialist(s)

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*                                    1.12

Social Workers**                            1.12

*         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

II                          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:

2014-17

$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 to a position listed in Appendix B shall be based upon qualifications and ability. The superintendent shall be the sole judge of qualifications, and consistent with the provisions of M.G.L. Chapter 71, Sections 47A and 59B, shall make such appointments after review with the appropriate building principal. The judgment of the Superintendent shall not be exercised arbitrarily, capriciously or unreasonably. Where qualifications and ability are determined by the Superintendent to be relatively equal, employment as a professional employee in the TEA by the Taunton School System shall be given preference. Any such position may be filled by a person not employed as a professional employee in the Taunton Public School System if, in the opinion of the Superintendent, that person's qualifications and ability are superior to any internal applicant.

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.

2014-2017

POSITION

STEP I

STEP II

STEP III

Baseball

 

 

 

Head

5,250

5,900

6,650

Asst. (3)

3,025

3,375

3,725

Basketball

 

 

 

Head (Men)

6,575

7,275

7,975

Assistant (Men) (3)

3,725

4,100

4,450

Head (Women)

6,575

7,275

7,975

Assistant (Women) (3)

3,725

4,100

4,450

Softball

5,250

5,900

6,650

Head

3,025

3,375

3,725

Assistant (3)

 

 

 

Cross Country

2,675

3,025

3,375

Head

 

 

 

Assistant

1,575

1,775

2,000

Field Hockey

4,625

4,975

5,325

Head Assistant

1,425

2,150

2,850

Football

8,525

9,575

10,625

Head

 

 

 

Assistants (5)

4,100

4,625

5,150

Golf

2,675

3,025

3,375

Head

 

 

 

Assistant

1,575

1,775

2,000

Gymnastics

3,550

4,100

4,425

Head (Men)

 

 

 

Head (Women)

3,550

4,100

4,425

Ice Hockey

5,100

5,850

6,575

Head Assistant

3,025

3,375

3,725

Lacrosse

4,625

4,975

5,325

Head (Men)

4,625

4,975

5,325

Head (Women)

1,425

2,150

2,850

Assistant (Men)

 

 

 

Assistant (Women)

1,425

2,150

2,850

Soccer

4,625

4,975

5,325

Head.(Men/women)

 

 

 

Assistant (2) (Men/Women)

1,425

2,150

2,850

Swimming

3,450

3,800

4,150

Head (Men/Women)

1,425

2,150

2,850

Assistant (2)

 

 

 

Tennis

2,675

3,025

3,375

Head.(Men)

2,675

3,025

3,375

Head (Women)

 

 

 

Spring Track Head (Men)

4,425

5,100

5,850

Head (Women)

4,425

. 5,100

5,850

Assistant (Men)

2,850

3,200

3,550

Assistant (Women)

2,850

3,200

3,550

Winter Track

 

 

 

Head (Men)

4,100

4,625

5,150

Head (Women)

4,100

4,625

5,150

Assistant (Men)

2,325

2,675

3,025

Assistant (Women)

2,325

2,675

3,025

Volleyball

 

 

 

Head (Men)

3,450

3,800

4,150

Head (Women)

3,450

3,800

4,150

Assistant

1,425

2,150

2,850

Cheerleading

 

 

 

Head

2,675

3,025

3,375

Assistant

1,950

2,325

2,675

Wrestling Coach

 

 

 

Head

4,425

5,100

5,850

Assistant

2,850

3,200

3,550

Equipment Manager

4,150

4,650

5,175

Faculty Manager

5,000

5,475

5,975

Strength Coach per season (3 seasons)

1,575

1,575

1,575

APPENDIX C

EXTRA-CURRICULAR ADVISORS

Employment to a position listed in Appendix C shall be based upon qualifications and ability. The superintendent shall be the sole judge of qualifications, and consistent with the provisions of M.G.L. Chapter 71, Sections 47A and 59B, shall make such appointments after review with the appropriate building principal. The judgment of the Superintendent shall not be exercised arbitrarily, capriciously or unreasonably. Where qualifications and ability are determined by the Superintendent to be relatively equal, employment as a professional employee in the TEA by the Taunton School System shall be given preference. Any such position may be filled by a person not employed as a professional employee in the Taunton Public School System if, in the opinion of the Superintendent, that person's qualifications and ability are superior to any internal applicant.

Starting with the 2014-2015 school year new clubs and extra-curricular activities will be considered once applicants submit their proposals to Administration as per the agreed upon process. The Superintendent reserves the right to approve or deny any new proposals. Any approved clubs will be compensated at a rate of $27.50 per hour up to a maximum of $500.00.

Assignment of professional employees to any position listed in Appendix C 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.

POSITION

STIPEND

 

2014-2017

High School

 

THS Student Council

3,325

Journal

4,425

Assistant

2,225

Drama Club

5,625

Living Drama

2,300

 

800

Math Team Question Writer

1,775

Math Team Sponsor

2,300

Tauntonian* (2 positions)

1,350

THS Class Advisors**

825

THS Color Guard

3,325

THS Drill Team Advisor

3,325

THS Band

1,675

Assistant

35

Spotlight (per hour)

1,775

Academic Challenge

875

JV Academic Challenge

1,000

Literary Magazine (2 positions)

3,550

High School Activities Bookkeeper

1,625

National Honor Society

950

Key Club (2 positions)

500

African American Club

500

Art Club

500

Asian Culture Club

500

Aviation Club

500

CAD Club

500

Communications Club (TV Studio)

500

Doctor Who Club

500

Fellowship of Christian Students

500

French Club

500

Grade 8 Reading Club

500

Green Team

500

Friends of the Library Club

500

Gay Straight Alliance

500

History Club

500

International Club

500

Diversity Networking Group

500

High Film Society

500

Judo Club

500

Latin Club

500

Math Club

500

Matthews Outing Club

500

Mentors in Violence Prevention

500

Peer Mediation

500

Portuguese Club

500

Students Against Destructive Decisions

500

Technology Club

500

Spanish Club

500

Student Gaining Club

500

Traveling Classroom

500

National Business Honor Society

 

Middle School

 

Newspaper

825

Student Council

825

Yearbook

825

Drama Club***

1,450

Cheerleading

1,450

Basketball Coach

2,225

Soccer Coach

1,775

Baseball Coach

1,775

Softball Coach

1,775

Mid Years Magazine

1,075

Academic Challenge

825

Cross Country Coach

825

Math Team Coach

800

Intramural Coaches****

28.99 per hour

Elementary School

 

Yearbook Advisor

525

Nature and Me Planners

725

*    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

****There will be two (2) Intramural Coach positions for each of the Intramural Basketball, Intramural Volleyball and Intramural Floor Hockey programs to be paid at the Home Tutor hourly rate set forth in Appendix D of $28.99, or as it may be subsequently amended in subsequent Agreements. Each position will be paid for three (3) hours per day, three (3) days per week during the weeks associated with the Intramural program for which they are the Coach.

Each Intramural Coach position will also be paid five (5) additional hours prior to the beginning of the Intramural program for which they are the Coach to compensate for all "start up" work associated with the Intramural program. This provision shall be in effect for the 2013-2014 school year only. The parties agree to revisit the continued need for these additional five (5) hours at the end of the 2013-2014 school year and will execute a written Agreement if it is to continue.

If the Committee adds any additional intramural sports programs, the Coaching positions associated with that program will also be paid as set forth above. Further, the new Intramural Coach position will be paid five (5) additional hours prior to the beginning of the Intramural program for which they are the Coach to compensate for "start up" work for the first year of the program only. The parties agree to revisit the continued need for these five (5) additional hours at the end of the first year of that Intramural program, and will execute a further written Agreement if it is to continue.

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.

POSITION

STIPEND

 

2014-17

Head Counselor

4,300

Head Bilingual

4,300

Coordinator of Public Relations

4,050

Director - Total Quality School Program

18,727

Speech Language Coordinator/Supervisor

6,243*.

Supervisory Speech Language Pathologist Asst.

3,122**

Marketing Education Supervisor

5,550

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 store(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.

. * The Period of employment for the Speech Language Coordinator/Supervisor is School year plus ten (10) days. The Stipend shall be paid as set forth above. In the event that the Speech Language Coordinator/Supervisor is not assigned the supervision of any Speech Language Pathology Assistants, the stipend will be reduced by 50%. The Speech Language Coordinator/Supervisor position will be posted annually and when all else is equal, the most senior qualified candidate will be appointed. The hours of the workday, as described in Article V,B.2 of the Collective Bargaining Agreement, of the Speech Language Coordinator/Supervisor shall consist of 50% of the day providing direct services to the students and 50% of the day . providing the Speech Language Coordinator/Supervisor responsibilities as described in the job description attached hereto.

* * The Period of employment for the Speech Language Supervisor is the regular school year. The position will be posted annually. The district will make every effort to hire Speech Language Pathologists rather than Speech Language Pathologist Assistants. After a Speech Language Pathologist's position has been posted and advertised with acknowledgement that no qualified candidates applied, the district may 1111 the need by hiring a Speech Language Pathologist Assistant. The Supervisor will have a minimum of 450 minutes of release time per week to perform the required supervisory duties. The Speech Language Supervisor will be allowed a reasonable amount of travel time if necessary.

STIPEND

2014-17

Project Alert Head Teacher                                   8,750

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 2014-2017, 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.

POSITION                                                                    STIPEND

2014-17

Middle School Subject Head Teacher                                2,975

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

TV Media Specialist                                                        9,300

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)                                                   28.99

High School Evening Teachers (per hour)                          28.99

Curriculum Work (per hour)                                             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.

AP Design Team (per hour)                                             31.78 (for AP Design Team work only - instructors shall be paid at the Workshop Presenter rate)

POSITION                                                                    STIPEND

2014-17

Workshop Presenters (per hour)                             125.00

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 $400 for a three (3) hour sessions, with one (l)hour session being $115.00, and a two (2) hour session being $250.00.

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 $1,450 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 $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.

School Printing                                                              4,475

School Improvement Liaison                                           1,600

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:

2014-17

Per Diem        Stipend                                          $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 mam 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:

2014-2017

A.         18 classes x 1.5 hours = 27 hours (2.5 credits) - Stipend    $1,275

B.         18 classes x 3 hours = 54 hours (5 credits) ~ Stipend        $2,525

5.         The stipend for the New Images grant positions will be paid at the rate of $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 Leddy Pre-School.

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

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

e.         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.

APPENDIX H

****

Attachment A.

City of Taunton

Attachment B

CITY OF TAUNTON

****

APPENDIX I

INCLUSION CLASSROOM STAFFING

The parties recognize that there are multiple models that can be utilized to teach and staff inclusion. Thus, the patties agree to the following staffing provisions for inclusion:

I   AVAILABLE INCLUSION STAFFING MODELS

1.  The models which, will be available to be utilized inclusion classrooms are defined below:

a.   Single Classroom: Consisting of the provision of education by a general educator and a special educator in the same classroom at the same time. At the middle school level the special educator may travel with their assigned students to different classrooms within the same team to which, the special educator is assigned.

b.   Multi-Classroom: Consisting of a special educator being assigned to no more than two classrooms that have students on "academic IEPs" (hereinafter defined as all IBP's except those that provide only the following services: Speech and Language (SLP), Occupational Therapy (OT), Physical Therapy (PT), Adaptive Physical Education (APE), Vision Orientation and Mobility, Applied Behavior Analysis (ABA), Counseling Services) at the elementary school level. Consisting of a special educator being assigned to no more than two classrooms on the same team at the middle school, level. The special educator will consult with each general educator in the classrooms/team to which the special educator is assigned and make accommodations and adaptations for the students in the classroom/team who receive academic special education services, and provide education directly to any or all of the students in the classroom. Whenever feasible, each pair of elementary classrooms or each middle school team to which the special educator is assigned will have common language and math blocks and common planning time, which will he in addition to professional preparation time.

c.   Facilitated Support: Consisting of a special educator working with two (2) classrooms containing students with academic IEPs on an alternating basis for the subject.

2. The staffing models set forth above will he available as follows:

a.   Grades K-4:.

i.     A minimum of 5 Special Educators shall be provided to each building — one per grade level. Whenever there are no students in a grade level on academic IEPs, the School Based Inclusion Staffing Committee ("SBISC") will determine how to best utilize the special educator at other grade levels in the building for that school year or until such time that students at that special educator's grade level have academic IEPs.

ii.      Special Educators who have 4 or fewer academic IEPs on their caseload in any given school year will provide push in services for such time as determined by the School Based Inclusion Staffing Committee in the area of ELA or Math to other students in the building. Priority will be given to other students on academic IEPs, then to students at the special educator's grade level, and finally to students without academic IEPs at any grade level.

iii.      Kindergarten: At the discretion of the SBISC, either the Single Classroom or Multi-Classroom model will be followed for each Kindergarten inclusion classroom. In addition to the one (1) Kindergarten Assistant assigned for NAEYC, an additional Educational Assistant shall be assigned as a floater to the building if the total number of academic IEPs at the Kindergarten level is more than 6.   The floater educational assistant will be utilized to support the inclusion Kindergarten classroom, to provide coverage for Team and other meetings of the special educators in the building, to assist in other inclusion rooms and, if no other needs exist, to cover for absent educational assistants in the building.

iv.      Grades 1-4;

A.  For each building, one (1) additional Special Educator shall be assigned to the grade whenever there are more than twelve (12) students per grade on an academic IEP in Grades 1 and 2 or fourteen (14) students per grade on an academic IEP in Grades 3 and 4.

B.   It is up to the School Based Inclusion Staffing Committee to decide whether to use the Single Classroom model or the Multi-Classroom model in every classroom. However, a Single Classroom model cannot result in more than eight (8) students having academic IEPs in that classroom.

C.   One (1) Educational Assistant will be provided to the building whenever the number of students on an academic IEP for any grade in Grades 1-4 reaches nine (9) or multiples thereof (e.g. 18 students in the grade level would require 2 Educational Assistants to the building).

D.  The School Based Inclusion Staffing Committee will determine how to utilize all Educational Assistants that are provided to staff inclusion.

b.   Grades 5-7:

i.      It is up to the School Based Inclusion Staffing Committee to decide whether to use the Single Classroom or the Multi Classroom model in each grade with each special educator.

ii.      In SY 13-14 only, one (1) Educational Assistant will be provided for each inclusion team. Starting with SY 14-15, one (1) Educational Assistant will be provided for each grade and an additional Educational Assistant will be provided for every Multi-Classroom model, for so long as a Multi-Classroom model is used (i.e. the Educational Assistant will be removed if during the year a Multi-Classroom model should change to a Single Classroom model). If two (2) Multi-Classroom models exist in a grade, the original grade level Educational Assistant will be used for one of the Multi-Classroom models.

c   Grades 8-12:

i.    An inclusion classroom in the High School is any classroom containing both students without IEPs and students who receive academic special education services in the "B" grid. By comparison, substantially separate classrooms only contain students who receive special education services in the "C" grid.

ii.  High School inclusion classrooms will have a limit of twelve (12) students on academic IEPs.

iii. At the choice of the School Based Inclusion Staffing Committee, either a Single Classroom model, or the Facilitated Support model will be utilized for each subject area for each semester in any inclusion classroom.

iv. The School Based Inclusion Staffing Committee for the High School shall include the Special Education Coordinator, Grades 7-12, Special Educators, Regular Educators, Guidance Counselors, Principal or Assistant Headmaster, Curriculum Supervisors, and/or a Central Office Administrator.

v.  The School Based Inclusion Staffing Committee will meet at least two (2) tunes a year to make recommendations about the schedule and models for each semester.

vi.    Inclusion special educators will he liaisons for up to thirty (30) students on academic IEPs. Students for whom a special educator is a liaison may (and likely will) not receive direct services from that special educator, and each special educator, therefore, will serve students for whom he or she is not the liaison.

vii. Whenever feasible, the special educator's professional preparation time shall be scheduled to coincide with any regular educator whose classroom they provide direct services in, so as to allow for common planning time.

3.  Educational Assistants (including Kindergarten Educational Assistants) that support inclusion classrooms/teams can be pulled out for training, but no more than six (6) times per school year.

II CASELOADS

1.  The caseload agreements to be implemented for all elementary and middle school inclusion special educators shall be as follows:

a.   Any special educator who is assigned primary responsibility in a non-substantially separate classroom/program shall be responsible for ensuring the provision of special education services for a limited number of academic IEPs for the school year. This shall be known as the "caseload" of the special educator. The caseload will be finalized as of the 90th school day. Thus, staffing changes shall be made based upon increases and decreases in the number of students on academic IEPs up to the 90th school day, but shall not be required after the 90th school day. The caseload limitations are as follows:

i.   Kindergarten:    10 students on academic IEPs

ii.  Grades 1-2:       12 students on academic IEPs

iii. Grades 3-4:       14 students on academic IEPs

iv. Grades 5-7:      14 students on academic IEP

b.   For purposes of determining whose "caseload" a student is assigned to, only academic IEPs that indicate on their placement pages (PL1' s) a student's placement is full or partial inclusion shall be included in any "caseload" calculations for a special educator covered by this agreement.

Academic IEPs that indicate on then* placement pages that IEP services are provided outside the general education classroom for greater than 60% of the time (i.e. placements considered to be "substantially separate programs", or more restrictive) shall be included in the "caseload" calculation for special educators assigned primary responsibility in a substantially separate classroom/program. Staffing requirements for these students shall be maintained in accordance with the provisions of 603 CMR 28.06(6).

c.   Nothing in this Agreement shall prohibit the "caseload" of any special educator covered by this Agreement from having on it students who are assigned to more than one classroom, provided that the staffing model provisions established in this agreement are followed.

II. IMPLEMENTATION AND STAFFING

1.  Notwithstanding the provisions for staffing set forth in the preceding paragraphs, in recognition of the individualized nature of IEPs and the fact that students on IEPs may have low, moderate or high special education needs, even though their placement is considered to be in a full inclusion or partial inclusion program, it is agreed that for each school, all the special educators (including but not limited to those assigned to both inclusion and substantially separate classrooms/programs), the general educators, the building Principal and the building guidance counselor(s) ("School-Based Inclusion Staffing Committee") shall meet within five (5) school days at the request of the Principal or at the request of two (2) or more staff members to confirm that the assignment of students and staff to such full inclusion or partial inclusion classrooms, including educational assistants, is appropriate to meet the needs of every student receiving such full inclusion or partial inclusion academic special education services, and will reallocate the existing teachers, and make recommendations for reassignments of the existing educational assistants (which it is understood remains the ultimate decision of the Principal to assign), and/or the classroom in which a particular student's academic special education service(s) will be provided if agreed by all persons, even if it means the provisions of the preceding paragraphs are not followed, provided that any such decision does not violate the provision of any student's IEP or the provisions of 603 CMR 28.06(6). These meetings will be for building personnel or the high school SBISC members only. If the School Based Inclusion Staffing Committee makes a recommendation that violates the terms of this agreement, then the recommendation will be brought to the Superintendent and the Association for then* joint review and further discussion.

2.   Notwithstanding the provisions pertaining to no requirement for changes in the models being utilized or the inclusion staffing (including both special educators and educational assistants) after the 90th school day, should changes in the number of students on academic IEPs occur after the 90th school day, the School Based Inclusion Staffing Committee may, at its discretion, or the request of at least two (2) or more staff members, meet to discuss whether or not any changes to the staffing should be requested to address the changes in the number of students on academic IEPs. If the requested changes involve rearrangement of staff within the school building, such changes may be implemented immediately without further approval. If the requested changes cannot be effectuated using existing building staff, the recommendation will be forwarded to the Superintendent and the Association for its review and further discussion.   If no agreement can be reached by the Superintendent and the Association within ten (10) school days, an agreed-upon neutral third party shall decide what, if any, staffing should be provided. Any staffing changes made under this paragraph shall not violate the provision of any student's IEP or the provisions of 603 CMR 28.06(6).

3.   This Agreement does not prevent a special educator from providing direct special education academic services to students who are not included in his or her "caseload". Although this can occur, it is agreed that whenever a special educator is providing direct "C-Grid" academic special education services (i.e. those services that are provided under the "C" portion of the Service Delivery Grid of a student's IEP), the staffing requirements set forth in 603 CMR 28.06(6)(c) and (d) shall be followed.

IV.   ACADEMIC TESTING TEAM

For the purposes of this paragraph, only, the Academic Testing Team is defined as consisting of the equivalent of two (2) FTE educators hired to perform the majority of the necessary educational evaluations at all grade levels in the District including initial evaluations, three-year evaluations and testing needed to release students from special education. The parties agree that the Academic Testing Team is integral to the success of special education services in the Taunton Public Schools, The District fully intends to preserve the academic testing team. If the District decides it must reduce the academic testing team to less than the equivalent two (2) FTE educators at any time, or to eliminate the academic testing team, then the parties agree to open the contract, on this issue only, for the sole purpose of negotiating over the increase in work and change in working conditions for the special educators.

V. MISCELLANEOUS

1.   The parties agree that the second, third, and fourth sentences set forth in Article VIII(E), paragraph 1 of the Collective Bargaining Agreement between the parties dated September 1, 2010 through August 30, 2013 will sunset at the conclusion of the 2013-2014 school year, provided the provisions of Section V(4 and 5), below, are met, and after that date, ah educators may be assigned to teach in an inclusion classroom, but the decision as to who will actually teach inclusion in any school year will be made at each building. This Agreement will replace all other provisions of Article VIII(E).

2.   It is also agreed that the Joint Committee on Inclusion authorized by the contractual language of the present Collective Bargaining Agreement which has been meeting regularly since February of 2011 will meet twice during the school year.

3.   The Parties recognize the critical importance of training the TPS staff on best techniques and practices necessary for a successful inclusion program.  With this in mind, two (2) members from the current Inclusion Committee shall be selected, by the TEA President, to be added as members to the Professional Development Council.

4.   The District shall provide at least thirty (30) hours of professional development on the topic of "multi-classroom instruction" during the 2013-14 school year. The professional development shall be approved by the Professional Development Council and shall consist of more than distribution of documents to staff.

5.   The District will provide ongoing and continuous professional development for inclusion each year consisting of both small group and large group instruction to ensure that all Taunton Public School staff members have the opportunity to become trained in understanding educating students who receive special education and related services, inclusion models and techniques, and best practices.

APPENDIX J

ALTERNATIVE HIGH SCHOOL STAFFING

1.         The Alternative High School shall have a minimum of four (4) FTE teachers - one (1) in each of the core subject areas unless student needs do not require the hiring of a full time teacher in any core area. Additional FTE or 0.5 FTE teachers may also be hired for the Alternative High School, as the Committee determines is necessary, and as student needs dictate. Changes to the current Collective Bargaining Agreement for Alternative High School teaching positions shall be as follows:

-    "After Workday Requirements" set forth in Article V (D) modified to apply "before the workday", instead of, "after the workday".

2.         The position of "Alternative High School Part-Time Teachers" and/or "Alternative High School Part-Time Guidance Counselors" shall be added to its appropriate place in Appendix D with an hourly rate of $28.99 per hour for all services performed. For each class taught by a part time teacher s/he shall be paid for up to one (1) hour of teaching per day for four (4) days per week with an additional one (1) horn: of paid preparation time per week for a total of five (5) hours per full school week.

3.         Alternative High School Part-Time Teachers shall teach no more than two (2) classes per school year and Alternative High School Part-Time Guidance Counselors shall provide no more than two (2) hours of guidance counselor services per day for a total of ten (10) hours per week.   If a part-time teacher or part-time guidance counselor is absent for any reason, s/he shall not be paid for any absent time.

4.         If all qualifications are equal, Association members shall be given preference for all part-time teaching positions in the Alternative High School. If there is a question over two potential candidates, the Superintendent will be presented with the qualifications of both the external and internal candidates, and shall determine who to hire, in accordance with the provisions of this paragraph. The decision of the Superintendent shall be final.

5.         The Alternative High School Building Representative shall be given release time to attend Association board meetings.

APPENDIX K

EDUCATOR EVALUATION SYSTEM

DESE

Teacher Evaluation System

As Agreed to by the Taunton School Committee and the Taunton Education Association

Educator Evaluation Process with

Forms, Goals, and Rubrics

Dated: November, 2013

Table of Contents

1)    Purpose of Educator Evaluation

1

2)    Definitions (* indicates definition is generally based on 603 CMR 3502)

1

3)    Evidence Used in Evaluation

6

4)    Rubric

6

5)    Evaluation Cycle: Training

6

6)    Evaluation Cycle: Annual Orientation

6

7)    Evaluation Cycle: Self-Assessment

7

8)    Evaluation Cycle: Goal Setting and Development of the Educator Plan

8

9)    Evaluation Cycle: Observation of Practice

9

10) intentionally Left Blank

N/A

11) Observations

9

12) Evaluation Cycle: Formative Assessment

11

13) Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

12

14) Evaluation Cycle: Summative Evaluation

13

15) Educator Plans - General

14

16) Educator Plans: Developing Educator Plan

14

17) Educator Plans: Self-Directed Growth Plan

15

18) Educator Plans; Directed Growth Plan

15

19) Educator Plans: Improvement Plan

16

20) Timelines

18

21) Career Advancement

19

22) Rating Impact on Student Learning Growth

19

23) Using Student feedback in Educator Evaluation

20

24) Using Staff feedback in Administrator Evaluation

20

25) Transition from Existing Evaluation System

20

26) General Provisions

21

27)   District-Determined Measures - Process of Determining

26

Forms Overview

23

Evaluation Tracking Sheet

25

Self-Assessment Form

26

Self-Assessment Form

27

Goal Setting Form

28

Educator Plan Form

29

Educator Plan Form

30

Evaluator Record of Evidence Form

 31

Evaluator Record of Evidence Form

32

Educator Collection of Evidence Form

33

Formative Assessment Report Form

34

Formative Assessment Report Form,

35

Formative Evaluation Report Form

36

Formative Evaluation Report Form

37

Formative Evaluation Report Form

38

Summative Evaluation Report Form,

39

Summative Evaluation Report Form

40

Summative Evaluation Report Form

41

Educator Response Form

42

Observation Feedback Form

43

Setting Goals

N/A

Teacher Rubric

46

 

64

1)           Purpose of Educator Evaluation

A)           This contract language is negotiated and based on M.G.L, c.71, §38; M.G.L C.150E; and the Educator Evaluation regulations, 603 CMR 35.00 et seq. In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail.

B)         The regulatory purposes of evaluation are:

i)           To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01 (2)(a);

ii)          To provide a record of facts and assessments for personnel decisions, 35.01(2)(b);

iii)          To ensure that every school committee has a system to enhance the professionalism and accountability of educators and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and

iv)        To assure effective teaching and administrative leadership, 35.01(3).

2)           Definitions (* indicates definition is generally based on 603 CMR 35.02)

A)           * Artifacts of Professional Practice: Products of an Educator's work and student work samples that demonstrate the Educator's knowledge and skills with respect to specific performance standards.

B)           Caseload Educator: Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, academic coaches, some reading specialists and special education teachers.

C)           Classroom teacher: Educators who teach preK-12 whole classes, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes and/or small groups.

D)           Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on unannounced and announced observations, artifacts of professional practice,-and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

E)           *District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios, approved commercial assessments and district-developed pre-and post-unit and course assessments, and capstone projects.

F)           *Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.

G)        *Educator Plan: The growth or improvement actions identified as part of each Educator's evaluation. The type of plan is determined by the Educator's career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans:

i)          Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for one school year or from the effective date of hire or new assignment to the end of the school year for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment. A new assignment shall be defined as the first year working under a different educator's license or a change from the prior year's assignment under the same license if not otherwise rated Proficient or Exemplary.

ii)         Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary.

iii)        Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of at least 180 school days for Educators with PTS who are rated needs improvement.

iv)        Improvement Plan shall mean a plan developed by the Evaluator of at least 45 school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator's unsatisfactory performance.

H)        *ESE: The Massachusetts Department of Elementary and Secondary Education

I)          *Evaluation; The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the "formative evaluation" and "formative assessment") and to assess total job effectiveness and make personnel decisions (the "summative evaluation").

J)         *Evaluator: Any person designated by a superintendent who has responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Evaluators shall be evaluated pursuant to 603 CMR 35.00 and such other standards as may be established. Each Educator will have one Evaluator at any one time responsible for performing at least the minimum number of unannounced observations, developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and determining performance ratings.

i)          Other Evaluators may perform unannounced and announced observations and give evidence as appropriate.

ii)         Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments. In cases where there is no predominant assignment, the superintendent will determine who the primary evaluator will be.

iii)        Notification: The Educator shall be notified in writing of his/her Evaluators, if any, at the outset of each new evaluation cycle. The Evaluator(s) may be changed upon notification in writing to the Educator.

K)          Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation.

L)          *Experienced Educator: An educator with Professional Teacher Status (PTS).

M)        *Family: Includes students' parents, legal guardians, foster parents, or primary caregivers.

N)        *Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.

O)        *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

P)          *Goal: A specific, actionable, and measurable area of improvement as set forth in an Educator's plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by a team of Educators. "Team Goals" can be developed by grade-level or subject area teams, departments, or other groups of Educators who have the same role.

Q)        *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.

R)        Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores. Measures may also include portfolios and capstone projects. This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance.

S)          *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of at least ten (10) minutes in duration by the Evaluator and may include examination of artifacts of practice including student work. An observation shall occur in person. All observations will be done openly and with knowledge of the Educator. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator.   Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

T)         Parties: The Association and the Committee are the parties to this agreement.

U)        *Performance Rating: Describes the Educator's performance on each performance standard and overall. There shall be four performance ratings:

Exemplary: the Educator's performance consistently and significantly exceeds the requirements of a standard or overall. The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide.

Proficient: the Educator's performance fully and consistently meets the requirements of a standard or overall. Proficient practice is understood to be fully satisfactory.

Needs Improvement: the Educator's performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

Unsatisfactory: the Educator's performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator's performance is consistently below the requirements of a standard or overall and is considered inadequate, or both.

V)        *Performance Standards: Locally developed standards and indicators pursuant to M.G.L c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03.

W)       Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L c. 71, §41.

X)        Rating of Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures. The parties will negotiate the process for using state and district-determined measures to arrive at an Educator's rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012.

Y)         Rating of Overall Educator Performance: The Educator's overall performance rating is based on the Evaluator's professional judgment and examination of evidence of the Educator's performance against the four Performance Standards and the Educator's attainment of goals set forth in the Educator Plan, as follows:

i)          Standard 1: Curriculum, Planning and Assessment

ii)         Standard 2: Teaching All Students

iii)        Standard 3: Family and Community Engagement

iv)        Standard 4: Professional Culture

v)         Attainment of Professional Practice Goal(s)   -

vi)        Attainment of Student Learning Goal(s)

Z)         *Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of:

i)          Standards'. Describes broad categories of professional practice, including those required in 603 CMR 35.03

ii)         Indicators: Describes aspects of each standard, including those required in 603 CMR 35,03

iii)        Elements: Defines the individual components under each indicator

iv)        Descriptors: Describes practice at four levels of performance for each element

AA)      *Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions. The summative evaluation includes the Evaluator's judgments of the Educator's performance against Performance Standards and the Educator's attainment of goals set forth in the Educator's Plan.

BB)      *Superintendent: The person employed by the school committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00.

CC)       *Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00.

DD)      *Trends in student learning: At least three (3) consecutive years of data from the district-determined measures and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low.

3)         Evidence Used In Evaluation

The following categories of evidence shall be used in evaluating each Educator:

A)        Multiple measures of student learning, growth, and achievement, when available, which shall include:

i)          Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)         At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. For Educators required to use a state test as a measure (i.e. MCAS, ACCESS, or other tests mandated by the DESE), three (3) district-determined measures shall be used. At least three consecutive years of data is required.

iii)         Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.

iv)         For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator's contribution to student learning, growth, and achievement set by the district, as set forth in Section 27 below.

B)          Judgments based on observations and artifacts of practice including;

i)           Unannounced observations.

ii)          Announced observation(s).

iii)          Examination of Educator work products.

iv)         Examination of student work samples.

C)          Other evidence relevant to one or more Performance Standards, including but not limited to:

i)           Evidence compiled and presented by the Educator, including :

(a)         Evidence of fulfillment of professional responsibilities and growth such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;

(b)         Evidence of active outreach to and engagement with families;

ii)          Evidence of progress towards professional practice goal{s);

iii)         Evidence of progress toward student learning outcomes goal(s); and

iv)         Student Feedback - see # 23, below.

D)         The amount of evidence expected to be provided by an Educator will be reasonable. It is understood that there may not be evidence for every Performance Standard. If needed, the JLMET shall provide guidance as to the amount of evidence that is reasonable.

4)          Rubric

The rubrics are a scoring tool used for the Educator's self-assessment, the formative assessment, the formative evaluation and the summative evaluation.   Those rubrics are attached to this agreement.

5)         Evaluation Cycle: Training

A)          Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The JLMET shall determine the frequency, type and quality of training based on guidance provided by ESE.

B)          In the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal. Any Educator hired after November 1st, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within two (2) months of the date of hire. The JLMET shall determine the type and quality of the learning activity based on guidance provided by ESE.

6)         Evaluation Cycle: Annual Orientation

A)         At the start of each school year, no later than October 1, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

i)           Provide an overview of the evaluation process, including goal setting and the educator plans.

ii)          Advise Educators and Evaluators that District and School goals and priorities, listings of professional development opportunities, and data needed to complete the self-assessment and propose the goals, shall be available on the District website.

iii)         Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided and employees may print or copy them using district machines.

iv)        The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year, provided that an announcement is made at the beginning of the meeting.

7)          Evaluation Cycle: Self-Assessment

A)          Completing the Self-Assessment

i)           The evaluation cycle begins with the Educator completing and submitting to the Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school.

ii)          The self-assessment includes:

(a)        An analysis of evidence of student learning, growth and achievement for students under the Educator's responsibility.

(b)         An assessment of practice against each of the four Performance Standards of effective practice using the rubric.

(c)         Proposed goals to pursue as described below.

(1st)     At least one goal directly related to improving the Educator's own professional practice.

(2nd)    At least one goal directed related to improving student learning.

B)          Proposing the goals

i)           Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings.

ii)          For Educators in their first year of practice, the Evaluator will meet with each

Educator by October 1st (or within four weeks of the Educator's first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

iii)          Unless the Evaluator indicates that an Educator in his/her second or third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may propose team goals.

iv)         For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)          For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the educator may propose shared grade level or subject area team goals.

8)          Evaluation Cycle: Goal Setting and Development of the Educator Plan

A)          Every Educator has an Educator Plan that includes, one goal related to the improvement of practice; one goal for the improvement of student learning. Additional goals beyond these two (2) goals may also be part of the Educator Plan at the discretion of the Educator. The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress, Goals may be developed by individual Educators, by the Evaluator, or by teams. See Sections 15-19 for more on Educator Plans.

B)         To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Evaluator shares with the Educator. The process for determining the Educator's impact on student learning, growth and achievement will be determined pursuant to #22, below.

C)         Educator Plan Development Meetings shall be conducted as follows:

i)           Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

ii)          For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six weeks of the start of their assignment in that school

iii)         The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject matter goals.

D)        The Educator Plan shall be completed by November 1st. The Evaluator retains final authority over the content of the Educator's Plan. The Educator shall sign the Educator Plan within 5 school days of its receipt. The Educator may include a written response within 10 school days, which shall be attached to the plan. The Educator's signature does not indicate agreement or disagreement with its contents.

9)         Evaluation Cycle: Observation of Practice

Teachers will be observed in accordance with the following chart. The minimum number of Unannounced Observations shall be conducted by the Evaluator. Other Evaluators shall be able to perform any additional Unannounced Observations up to the maximum number, and any allowed Announced Observations. The observation schedule shall be as follows:

Unannounced                Announced

Educator Plan                           Observations                Observations

Two-Year Self-Directed Growth Plan

6-10

0

One-Year Self-Directed Growth Plan

4-8

0

Directed Growth Plan

6-10

1 +*

Improvement Plan - less than 6 months

3-5

1

improvement Plan - 6 months to 1 year

6-10

2

Developing Educator Plan - up to end of Year 1 towards PTS

6-10

1

Developing Educator Plan - up to end of Years 2 and 3 towards PTS

6-10

*

*As mutually agreed upon by the Educator and the Evaluator or as directed by the Superintendent.

10)        This number intentionally left blank - all provisions deleted.

11)        Observations

The Evaluator's first observation of the Educator shall take place between September 15 and November 15. Observations required by the Educator Plan shall be completed by May 15th. The Evaluator may conduct additional observations after this date, provided there is mutual agreement between the educator and evaluator. However, Observations shall not occur during the first two weeks or the last two weeks of the school year.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation. The parties agree that individual teaching styles vary and not all of the indicators on the rubric may be observed during any one class or lesson.

Educators shall have the right to defer one (1) unannounced observation per school year. Educators shall inform the evaluator of the deferral prior to the commencement of the observation by initialing and dating the Unannounced Observation Feedback Form where indicated.

A)         Unannounced Observations

i)           Unannounced observations shall be classroom or worksite visitations of at least ten (10), and normally not more than fifteen (15), minutes in duration.

ii)          Educators shall initial the Unannounced Feedback Form prior to the commencement of the unannounced observation.

iii)         The Educator will be provided with at least brief written feedback from the Evaluator within 3 three (3) school days of the observation. The written feedback shall be delivered to the Educator in person, on the Observation Report Form. The Educator shall sign the Observation Report Form upon receipt. The Educator's signature does not indicate agreement or disagreement with its contents. The Educator may include a written response within 10 school days, which shall be attached to the report.

iv)        Any unannounced observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one announced observation of at least 30 minutes in duration within 10 school days.

v)          No other observations may take place until after the feedback has been provided.

The educator and administrator are encouraged to have conversations on feedback.

B)          Announced Observations

i)            All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans, Educators on Directed Growth Plans and other educators at the discretion of the evaluator or at the request of the educator shall have at least one Announced Observation. Announced Observations shall be no less than 30 minutes in duration, announced and conducted according to the following:

i)           The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation.

ii)          Within 5 school days of the scheduled observation, which date shall be collaboratively agreed upon by the Evaluator and the Educator (however if no date can be agreed upon collaboratively, the Evaluator will set a date), the Evaluator and Educator shall meet for a pre-observation conference.

(a)        The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

(b)         The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled observation. The Educator and the Evaluator will collaboratively agree on a new date for the observation, but if no date can be agreed upon collaboratively the Evaluator will set a date.

iii)        Within 5 school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

iv)        The Evaluator shall provide the Educator with written feedback within 5 school days of the post-observation conference. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the feedback must:

(a)         Describe the basis for the Evaluator's judgment.

(b)         Describe actions the Educator should take to improve his/her performance.

(c)         Identify support and/or resources the Educator may use in his/her improvement.

(d)         State that the Educator is responsible for addressing the need for improvement.

C)        Walkthroughs, Learning Walks, Instructional Rounds, and other like procedures by any other name (herein called "Walkthroughs") are not observations for the sake of this evaluation system and do not result in feedback to individual educators. Walkthroughs shall be announced to building educators prior to the start of the school day that the walkthroughs are to occur.

12)       Evaluation Cycle: Formative Assessment

A)          A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make frequent unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice or Educator goals or both.

B)          Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one. See section 13, below.

C)          The Formative Assessment report provides written feedback to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both

D)          By January 5th the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator's performances against the four Performance Standards.

E)          The Evaluator and the Educator will meet within ten (10} school days after completion of the Formative Assessment Report. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face. The Educator shall sign the Formative Assessment Report upon receipt. The Educator's signature does not indicate agreement or disagreement with its contents. The Educator may include a written response within 10 school days, which shall be attached to the report.

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I)          As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan.

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K)        After the formative assessment and upon the written request of the educator to the Superintendent, the Superintendent may authorize another trained supervisor to perform an additional observation to be used as evidence in the educator's summative evaluation.

13)       Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

A)          Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report no later than May 15 of the first year of the two year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

B)         The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)         No later than May 1, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

D)         The Evaluator shall meet with any educator receiving an overall rating of needs improvement or unsatisfactory on the formative evaluation to discuss the evaluation. The meeting shall occur by June 1st. The Evaluator shall meet with any educator receiving an overall rating of proficient or exemplary on the formative evaluation to discuss the evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face. The Educator shall sign the Formative Evaluation Report upon receipt. The Educator's signature does not indicate agreement or disagreement with its contents. The Educator may include a written response within 10 school days, which shall be attached to the report.

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H)        As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan.

1)           If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

J)          After the formative assessment and upon the written request of the educator to the Superintendent, the Superintendent may authorize another trained supervisor to perform an additional observation to be used as evidence in the educator's summative evaluation.

14)        Evaluation Cycle: Summative Evaluation

A)          The evaluation cycle concludes with a summative evaluation report. For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator  by May 15th.

B)           The Evaluator determines a rating on each standard and an overall rating based on the Evaluator's professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals. In determining the overall rating, the Evaluator shall consider all four standards and attainment of goals.

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D)          For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluator's supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator's rating.

E)           The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)           To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards of Effective Teaching Practice.

G)          By May 1, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

H)        The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth.

I)           The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face no later than May 15th.

J)          The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June 1st

K)          The Evaluator shall meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 10th.

L)          Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

M)          The Educator shall sign the final Summative Evaluation report upon receipt. The Educator's signature does not indicate agreement or disagreement with its contents. The Educator may include a written response within 10 school days, which shall become part of the Summative Evaluation report.

N)         Section deliberately left blank.

O)        A copy of the signed final Summative Evaluation report shall be filed in the Educator's personnel file.

15)       Educator Plans - General

A)          Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)         The Educator Plan shall include:

i)           One, or at the choice of the Educator more than one, goal related to improvement of practice tied to one or more Performance Standards;

ii)          One, or at the choice of the Educator more than one, goal for the improvement of the learning, growth and achievement of the students under the Educator's responsibility;

iii)         An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

C)         It is the Educator's responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan. Professional Development activities provided by the District shall be compensated in accordance with the terms of the Collective Bargaining Agreement.

16)       Educator Plans: Developing Educator Plan

A)          The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments.

B)         The Educator shall be evaluated at least annually.

17)        Educator Plans; Self-Directed Growth Plan

A)          A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2,

B)          A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

18)        Educator Plans: Directed Growth Plan

A)          A Directed Growth Plan, a plan of at least 180 school days, is for those Educators with PTS whose overall rating is needs improvement.

B)          The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator.

C)          An Educator on a Directed Growth Plan shall be assigned an Evaluator-who is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Directed Growth Plan.

D)          The Directed Growth Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

E)          The Directed Growth Plan shall:

i)          Define the goals directly related to the performance standard(s), and/or student learning outcomes that must be improved;

ii)         Describe the activities and work products the Educator must complete as a means of improving performance;

in)        Describe the assistance and resources that the district will make available to the Educator;

iv)        Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)         Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s);

vi)        Include the signatures of the Educator and Evaluator.

F)          The Evaluator and the educator shall collaboratively develop the Directed Growth Plan. The Evaluator retains final authority over the content of the Directed Growth Plan.

G)         The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 10th.

H)         For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

I)           For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator may rate the Educator as unsatisfactory and may place the Educator on an Improvement Plan for the next Evaluation Cycle.

19)        Educator Plans: Improvement Plan

A)          An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)          The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 45 school days. The Improvement Plan may offer the Educator the ability to engage in activities that occur during the summer before the next school year begins, but in no way shall summer work be considered mandatory.

C)         The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan.

D)         An Educator on an Improvement Plan shall be assigned an Evaluator who is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan.

E)         The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)          The Improvement Plan process shall include:

i)           Within ten (10) school days of notification to the Educator that the Educator is being placed on an improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan. The Evaluator and the educator shall collaboratively develop the Improvement Plan, which will include the provision of specific assistance to the Educator. The Evaluator retains final authority over the content of the Improvement Plan. The Educator shall sign the Educator Plan within 5 school days of its receipt. The Educator may include a written response within 10 school days, which shall be attached to the plan. The Educator's signature does not indicate agreement or disagreement with its contents.

ii)          The Educator may request that a representative of the Association attend the meeting(s).

iii)         The Educator shall be advised of his/her right to Union representation at the time of being placed on an Improvement Plan, and this notification will also be included on the Improvement Plan Form.

G)        The Improvement Plan shall:

i)           Define the improvement goals directly related to the performance standard(s), and/or student learning outcomes that must be improved;

ii)          Describe the activities and work products the Educator must complete as a means of improving performance;

iii)         Describe the assistance and resources that the district will make available to the Educator;

iv)        Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)          Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s);

vi)         Identify the individuals assigned to assist the Educator which must include minimally the Evaluator; and, at the request of the Educator, a mutually agreed upon Peer Assistant to provide technical assistance, information, and/or modeling of techniques, as required to meet the needs and goals specified in the Improvement Plan. Any TEA member fulfilling the role of Peer Assistant will be eligible for the same number of Professional Development Points as normally awarded for mentoring; and,

vii)        Include the signatures of the Educator and Evaluator.

viii)       If there is no agreement on the contents of the plan, the Educator, with Association representation if desired, shall submit the issue to the Superintendent for approval, whose decision shall be final.

H)        A copy of the signed Plan shall be provided to the Educator. The Educator shall sign the Plan within 5 school days of its receipt. The Educator may include a written response within 10 school days, which shall be attached to the Plan. The Educator's signature does not indicate agreement or disagreement with its contents.

[)           Decision on the Educator's status at the conclusion of the Improvement Plan.

i)           All determinations below must be made no later than June 1. One of three decisions must be made at the conclusion of the Improvement Plan:

(a)         SELF-DIRECTED GROWTH PLAN: If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a Self-Directed Growth Plan.

(b)         DIRECTED GROWTH PLAN: if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

(c)        IMPROVEMENT PLAN OR DISMISSAL: If the Evaluator determines that the Educator is not making substantial progress toward proficiency, or that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed or placed on another Improvement Plan.

20)       Timelines

A)         Educators on a One Year Plan

Activity:

Completed By:

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process [Refer to Section 6(A)]

October 1

Evaluator meets with first-year educators to assist in self-assessment and goal setting process [Refer to Section 6(B)]

October 1

Educator submits self-assessment and proposed goals [Refer to Section 7(a)(1)]

October 1

Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator Plan may be established at Summative Evaluation Report meeting in prior school year) [Refer to Section 8(C)]

October 15

Evaluator authorizes Educator Plans [Refer to Section 8(D)]

November 1

Evaluator should complete first observation of each Educator [Refer to Section 11]

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) [Refer to Section 12(D)]

January 5

Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans [No reference as no date established above]

February 1

Evaluator holds Formative Assessment Meetings [No reference as no date established above]

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) [Refer to Section 14(G)]

May 1

Evaluator completes Summative Evaluation Report [Refer to Section 14(1)]

May 15

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory [Refer to Section 14(J)]

June 1

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator [Refer to Section 14(K)]

June 10

B)         Educators with PTS on Two Year Plans

Activity:

Completed By:

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) [Refer to Section 13(C)]

May 1 of Year 1

Evaluator completes Formative Evaluation Report [Refer to Section 13(A)]

May 15 of Year 1

Evaluator meets with Educators whose overall Formative Evaluation ratings are Needs Improvement or Unsatisfactory [Refer to Section 13(D)]

June 1 of Year 1

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator [Refer to Section 13(D)]

June 10 of Year 1

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) [Refer to Section 13(C)]

May 1 of Year 2

Evaluator completes Summative Evaluation Report [Refer to Section 13(A)]

May 15 of Year 2

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory [Refer to Section 13(D)]

June 1 of Year 2

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator [Refer to Section 13(D)]

June 10 of Year 2

C)         Educators on Plans of Less than One Year

i)          The timeline for educators on Plans of less than one year will be established in the Educator Plan.

21)        Career Advancement

A)         In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1. The principal's decision is subject to review and approval by the superintendent.

22)        Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter. Until such measures are available, an educator's impact shall be deemed Moderate.

23)        Using Student feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter, including the instrument(s), protocols for administering the instrument(s), protecting student confidentiality, and analyzing student feedback.

24)        Using Staff feedback in Administrator Evaluation

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter,

25)        Transition from Existing Evaluation System

A)          The parties agree that all educators in the district will be evaluated under the new procedures at the outset of this Agreement.

B)          Educators who were on an improvement plan under the old evaluation system created prior to May 1, 2013 will continue to be placed on an Improvement Plan. Educators who were on an improvement plan under the old evaluation system created after May 1, 2013 will be placed on a Directed Growth Plan. Non-PTS Educators and Educators in new assignments, as defined in Section 2(G)(i) of this Agreement, shall be placed on a Developing Educator Plan. All other Educators shall be placed on a Self-directed Growth Plan as set forth in Section 25(C), below.

C)         The parties agree that to address the workload issue of Evaluators, during the first evaluation cycle under this Agreement in every school or department, the names of the Educators who are being placed on Self-directed Growth Plans shall be literally "put into a hat." The first fifty (50) percent drawn shall be on Year 1 of a Two-Year Self-directed Growth Plan and the second fifty (50) percent shall be on Year 2 of a Self-directed Growth Plan. The lottery shall be overseen jointly by the Building Principal and Association Representative(s).

26)       General Provisions

Only licensed educators may serve as evaluators of Educators, as limited by the following stipulations:

i)           No member of the Taunton Educators' Association may serve as the Evaluator of another member of the Association.

ii)          Any Evaluator-must be appropriate to serve as an Evaluator for any given Educator, considering that Educator's licensure and current assignment.

a)   If an Educator feels that his or her assigned Evaluator is not appropriate, he or she may appeal that choice to the Superintendent whose decision shall be final. The Superintendent may choose to confirm the choice or select a different Evaluator. The decision in this situation will be understood to apply to the current school year only, and not to predetermine any future choices.

iii)         Unit B Assistant Principals at the PK-4 level may not evaluate personnel currently teaching in the Assistant Principal's grade level.

iv)         Curriculum Supervisors and Curriculum Coordinators may only evaluate within their area of licensure or within their area of responsibility.

v)          Curriculum Supervisors and Curriculum Coordinators may only evaluate Special Education personnel who are currently teaching in the Supervisor's or Coordinator's area of responsibility.

vi)         Notwithstanding changes of title or administrative restructuring, only the following should generally serve as Evaluators:

Assistant Superintendent for Curriculum and Instruction Director of Special Education Director of Personnel

Director of ELL

Director of Libraries

Headmaster

Principals

Curriculum Supervisors

Curriculum Coordinators

Special Education Coordinators

Title I Director

Unit B Assistant Principals

Director of Technology

Director of Virtual Learning

Assistant Headmaster

Associate Headmasters

Director of JROTC

 

B)          Evaluators shall not make negative comments about the Educator's performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene. Nothing in this paragraph is intended to limit an administrator's ability to investigate a complaint, or secure assistance to support an Educator.

C)         The superintendent shall ensure that Evaluators have initial and ongoing training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement.

D)         Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator's supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator's supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the superintendent. An Association Representative shall attend any such meeting at the discretion of the Educator.

E)          The parties agree to establish a joint labor-management evaluation team (JLMET) which shall review the evaluation processes and procedures (including all dates and deadlines) annually through the first three years of implementation and recommend adjustments to the parties, as well as discuss other parts of this evaluation noted as needing further negotiations. Recommendations from this team shall be forwarded to the parties for negotiations and ratification as appropriate.

F)         Violations of this article are subject to the grievance and arbitration procedures. The dismissal for any reason of a teacher with professional status is subject to arbitral review in accordance with the standards of M.G.L. c. 71 § 42. In all cases where the dismissal is based upon the evaluation process, the arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process. Substantial compliance shall refer to a situation where the process has resulted in a fair and thorough evaluation, but the evaluator has missed deadlines; that type of misstep shall not undo an otherwise fair evaluation process.

27)       District-Determined Measures - Process of Determining

The process of determining the District-Determined Measures shall be in accordance with the procedure outlined in the document attached hereto as Exhibit A and incorporated herein.

Forms Overview

Educator Tracking Sheet. This form is intended to be used to track the completion of each step throughout the educator's evaluation process. It will be completed by the educator in conjunction with his/her primary (and possibly supervising) evaluator Self-Assessment Form. This form is intended to be used in support of Step V. Self-Assessment, the educator's initial step of the cycle. The form can be used by individuals or teams; however, each individual will need to submit a self-assessment. Evaluators sign the form to indicate receipt. The form includes sections for the educator to complete an analysis of student learning, growth, and achievement and an assessment of practice against performance standards. Submission of this form will be noted and initialed on the Educator Tracking Sheet.

Goal Setting Form. This form is intended to be used in support of Step 1: Self-Assessment and Step 2; Goal Setting and Plan Development. Individuals and teams may use this form to propose goals (a minimum of one student learning goal and one professional practice goal). The form should initially be submitted with the Self-Assessment Form with the box "Proposed Goals" checked. If the goals are approved as written, the evaluator will check the box "Final Goals" and include a copy of the form with the Educator Plan Form. If the goals undergo further refinement, edits may be made to the original, or the form may be rewritten. If the form is redone, the new form should have the box "Final Goals" checked and should then be attached to the Educator Plan Form. Submission of this form will be noted and initialed on the Educator Tracking Sheet.

Educator Plan Form. This form is intended to be used in support of Step 2: Goal Setting and Plan Development. It will either be completed by the educator for a Self-Directed Growth Plan, by the educator and the evaluator together for a Directed Growth Plan and a Developing Educator Plan, and by the evaluator for an improvement Plan. Completion and/or submission of this form will be noted and initialed on the Educator Tracking Sheet.

Evaluator Record of Evidence Form. This form is intended to be used by the evaluator in gathering evidence of an educator's practice during Step 3: Implementation of the Plan. It will be completed by the evaluator and may be reviewed by the educator at any time.

Educator Collection of Evidence Form. This form is intended to be used to support the educator in collecting evidence of his/her practice. It will be completed by the educator and shared with the evaluator prior to Formative Assessment/Evaluation and Summative

Formative Assessment Report Form. This form is intended to be used in support of an educator's formative assessment (Step 4) at the mid-point of the evaluation cycle, at minimum; it can be used multiple times as Formative Assessment can be ongoing. It will be completed by the . evaluator. Evaluators are not required to assess both progress toward goals and performance on Standards; they will check off whether they are evaluating "Progress toward Attaining Goals," "Performance on each Standard," or both. Evaluators will provide a brief narrative of progress that includes feedback for improvement. Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

Formative Evaluation Report Form. This form is intended to be used in support of an educator's formative evaluation at the end of year one of a two-year Self-Directed Growth Plan. It will be completed by the evaluator. Evaluators are not required to assess both progress toward goals and performance on Standards; they will check off whether they are evaluating "Progress toward Attaining Goals," "Performance on each Standard," or both. Evaluators will provide a brief narrative of progress that includes feedback for improvement. At the point of Formative Evaluation, the overall rating is assumed to be the same as the prior summative evaluation unless evidence demonstrates a significant change in performance leading to a change in Overall Rating and, possibly, Educator Plan. If there is a change in rating, evaluators must provide comments on each of the four Standards briefly describing why the rating has changed, the evidence that led to a change in rating, and offering feedback for improvement (evaluators are encouraged to provide comments even if there is no change to ensure that educators have a clear sense of their progress and performance and receive feedback for improvement). Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

Summative Evaluation Report Form. This form is intended to be used for Step 5: Summative Evaluation. This form applies to all Educator Plans. It will be completed by the evaluator. The evaluator must complete all sections, which are: "Attainment of Student Learning Goal(s)," "Attainment of Professional Practice Goal(s), "Rating on each Standard," "Overall Performance Rating," and "Plan Moving Forward." Evaluators must provide comments on the student learning goal(s), professional practice goal(s), each of the four Standards, and the overall rating briefly describing the level of attainment or performance rating, the evidence that led to the level of attainment/rating, and offering feedback for improvement Educators sign off to indicate that they have received a copy of the report and may use the Educator Response Form to provide a written response. Completion of this form will be noted and initialed on the Educator Tracking Sheet.

Educator Response Form. This form is intended to be used in support of the educator, should he/she want to have a formal response to any part of the evaluation process kept on record. It will be completed by the educator; the evaluator will sign to acknowledge receipt. If the form is submitted in response to the Formative Assessment/Evaluation or to the Summative Evaluation, receipt of the response will also be noted and initialed on the Educator Tracking Sheet.

Unannounced Observation Feedback Form. This form is intended to be used by the evaluator during and after unannounced observations.

Announced Observation Feedback Form. This form is intended to be used by the evaluator during and after announced observations

Evaluation Tracking Sheet

Educator—Name/Title:   ________________________________________________________

Evaluator—Name/Title: _________________________________________________________

School(s):___________________________________________________________________

Educator Plan:             [  ]  Self-Directed Growth Plan            [  ]  Directed Growth Plan

 [  ]  Developing Educator Plan            [  ]  Improvement Plan

Plan Duration:             [  ]  2-Year              [  ]  One-Year        [  ]  Less than a year_____________

Evaluation Step

Date(s)

Educator Initials

Evaluator(s) Initials

Self-Assessment received by evaluator

__ __ __ __

__ __ __ __

__ __ __ __

Educator Plan development completed

__ __ __ __

__ __ __ __

__ __ __ __

 [  ]  Formative Assessment conference, if any1

__ __ __ __

__ __ __ __

__ __ __ __

 [  ]  Formative Evaluation conference, if any2

__ __ __ __

__ __ __ __

__ __ __ __

 [  ]  Formative Assessment Report completed

__ __ __ __

__ __ __ __

__ __ __ __

 [  ]  Formative Evaluation Report completed3

__ __ __ __

__ __ __ __

__ __ __ __

Educator response, if any, received by evaluator4

__ __ __ __

__ __ __ __

__ __ __ __

Summative Evaluation conference, if any

__ __ __ __

__ __ __ __

__ __ __ __

Summative Evaluation Report completed

__ __ __ __

__ __ __ __

__ __ __ __

Educator response, if any, received by evaluator

__ __ __ __

__ __ __ __

__ __ __ __

_____________________________________________________________________________

1 As per the Massachusetts Model System for Educator Evaluation Contract Language, evaluation conferences are required for ratings of Needs Improvement and Unsatisfactory but conferences may be requested by either the educator or evaluator for any Educator Plan. The conference may occur before or after the Report is completed; the sequence in the above table does not denote required chronological order.

2 Formative Evaluation only occurs at the end of the first year of a two-year Self-Directed Growth Plan.

3 The educator's formative evaluation rating at the end of the first year of the two-year cycle shall be the same as the previous summative rating unless evidence demonstrates a significant change in performance. In such a case, the rating on the formative evaluation may change. Assigning ratings is optional during Formative Assessment.

4 An educator may provide written comments to the evaluator at any time using the Educator Response Form but 603 CMR 35.06 ensures that educators have an opportunity to respond to the Formative Assessment, Formative Evaluation, and Summative Evaluation in writing.

_____________________________________________________________________________

Self-Assessment Form

Educator—Name/Title:   __________________________________________________________

Evaluator—Name/Title:____________________________________________________________

School(s):_______________________________________________________________________

Part 1: Analysis of Student Learning, Growth, and Achievement

Briefly summarize areas of strength and high-priority concerns for students under your responsibility for the upcoming school year. Cite evidence such as results from available assessments. This form should be individually submitted by educator, but Part 1 can also be used by individuals and/or teams who jointly review and analyze student data.

603 CMR 35.06 (2)(a)1

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Team, if applicable:______________________________________________________

List Team Members below:

Educator—Name/Title:  ______________________________________________________________

Part 2: Assessment of Practice Against Performance Standards

Citing your district's performance rubric, briefly summarize areas of strength and high-priority areas for growth. Areas may target specific Standards, Indicators, or Elements, or span multiple Indicators or Elements, within or across Standards. The form should be individually submitted by educator, but Part 2 can also be used by teams in preparation for proposing team goals.

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

Team, if applicable:_____________________________________________________________

List Team Members below:

____________________________________        ____________________________________

____________________________________        ____________________________________

____________________________________        ____________________________________

____________________________________        ____________________________________

Signature of Educator _______________________________Date_______________________

Signature of Evaluator_______________________________Date______________________

* The evaluator's signature indicates that he or she has received a copy of the self-assessment form and the goal setting form with proposed goals. It does not denote approval of the goals.

Goal Setting Form

Educator—Name/Title:   ________________________________________________________

Evaluator—Name/Title:________________________________________________________

School(s): __________________________________________________________________

Check all that apply5:           [  ]  Proposed Goals              [  ]  Final Goals

Reviewer's Initials:______________      Date: ________________

A minimum of one student learning goal and one professional practice goal are required. Team goals must be considered per 603 CMR 35.06(3)(b) Attach pages as needed for additional goals or revisions made to proposed goals during the development of the Educator Plan.

Student Learning Goal

Professional Practice Goal

Check whether goal is individual or team;

Check whether goal is individual or team

write team name if applicable.

write team name if applicable.

 [  ]  Individual

 [  ]  Individual

 [  ]  Team:

 [  ]  Team:

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___________________________________________________________________________________

5 If proposed goals change during Plan Development, edits may be recorded directly on original sheet or revised goal may be recorded on anew sheet. If proposed goals are approved as written, a separate sheet is not required.

____________________________________________________________________________________

Educator Plan Form

Educator—Name/Title:   ________________________________________________________

Evaluator—Name/Title:                        ._____________________________________________

School(s): __________________________________________________________________

Educator Plan:             [  ]  Self-Directed Growth Plan            [  ]  Directed Growth Plan

 [  ]  Developing Educator Plan            [  ]  Improvement Plan*

Plan Duration:             [  ]  2-Year              [  ]  One-Year         [  ]  Less than a year____________

Start Date:_________________________             End Date: ________________________

 [  ]  Goal Setting Form with final goals is attached to the Educator Plan.

Some activities may apply to the pursuit of multiple goals or types of goals (student learning or professional practice). Attach additional pages as necessary.

Student:  Learning Goal(s): Planned Activities

Describe actions the educator will take: to-attain the student learning goal(s).

Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District1

Timeline or Frequency

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*Additional detail may be attached if needed

Educator—Name/Title:__________________________________________________________

Professional Practice Goal(s): Planned Activities

Describe actions the educator will take to attain the professional practice goal(s).

Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/ Resources from School/District6

Timeline or Frequency

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This Educator Plan is "designed to provide educators with feedback for improvement, professional growth, and leadership," is "aligned to statewide Standards and Indicators in 603 CMR 35.00 and local Performance Standards," and "is consistent with district and school goals." (see 603 CMR 35.06 (Z)(d) and 603 CMR 35.06(3)(f.)

Signature of Evaluator __________________________Date________________

Signature of Educator _______________________________Date_____________

* As the evaluator retains final authority over goals to be included in an educator's plan (see 603 CMR 35.06(3)(c)), the signature of the educator indicates that he or she has received the Goal Setting Form with the "Final Goal" box checked, indicating the evaluator's approval of the goals. The educator's signature does not necessarily denote agreement with the goals. Regardless of agreement with the final goals, signature indicates recognition that "It is the educator's responsibility to attain the goals in the plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan." (see 603 CMR 35.06(4))

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6 Must identify means for educator to receive feedback for improvement per 603 CMR 35,06(3)(d)

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Evaluator Record of Evidence Form

Educator—Name/Title:   __________________________________________________________

Evaluator—Name/Title: _________________________________________________________

School(s): _____________________________________________________________________

Academic Year: ___________ Educator Plan and Duration: ____________________________

Standards and Indicators for Effective Teaching Practice: Rubric Outline

as per 603 CMR 35.03

The evaluator should track collection to ensure that sufficient evidence has been, gathered.

1. Curriculum, Planning, & Assessment

II. Teaching All Students

III. Family & Community Engagement

IV. Professional Culture

 [  ]  l-A. Curriculum and Planning

 [  ]  II-A. Instruction

 [  ]  III-A. Engagement

 [  ]  IV-A. Reflection

 

 [  ]  II-B. Learning Environment

 [  ]  III-B. Collaboration

D IV-B. Professional Growth

 [  ]  1-B. Assessment

 [  ]  II-C. Cultural Proficiency

 [  ]  III-C. Communication

 [  ]  1V-C. Collaboration

 [  ]  I-C. Analysis

 [  ]  II-D. Expectations

 

 [  ]  IV-D. Decision-making

 

 

 

D IV-E. Shared Responsibility

 

 

 

 [  ]  1V-F. Professional Responsibilities

* The Rubric Outline is intended to be used for citing Standards and Indicators. Evaluators should review the full rubric for analysis of evidence and determination of ratings

Educator:   ______________________________    Evaluator. _________________________

Date (Record date of collection, duration if applicable)

Source of Evidence* (e.g., parent conference, observation)

Standard(s)/ Indicator(s) Note Standard(s) and Indicator(s) to which evidence is tied

Analysis of Evidence Record notes "based on observations and artifacts of professional. . practice, including unannounced observations of practice of any duration" or other forms of evidence to support determining ratings on Standards  as per 603 CMR 35.07

Feedback Provided Briefly record feedback given to: educator (e.g., strengths recognized, suggestions for improvement)

EX: 11/8/11

EX: unit plans, benchmark data

EX: I-B

EX: unit plans were appropriately modified after analysis of benchmark data to better reflect student performance at mid-point of semester

EX: recognized strong adjustment to practice, suggested teacher collaborate with team on backward curriculum mapping

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*note if classroom observations are announced or unannounced

Educator Collection of Evidence Form

Educator—Name/Title:_________________________________________________________

Evaluator—Name/Title:_________________________________________________________

School(s):___________________________________________

Label

Date Record date duration if applicable

Source of Evidence e.g., parent conference, observation

Indicators(s) and/or Goals7 Standard(s) and/or goal(s) to which evidence is tied

Notes (Optional)Explain why included, specifics on what the evidence shows, context, etc.

ex. 1

11/8/11

unit plans, benchmark data

I .A. Student Goal #1

unit plans modification reflect student data at semester mid-point

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Signature of Educator_________________________________________Date______________

Signature of Evaluator_________________________________________Date______________

7 Per 603 CMR 35.07(l)(c)1, "Evidence compiled and presented by the educator includ[es]: 1. Evidence of fulfillment of professional responsibilities and growth, such as: self-assessments; peer collaboration; professional development linked to goals and or educator plans; contributions to the school community and professional culture; 2. Evidence of active outreach to and ongoing engagement with families." However, educator collection of evidence is not limited to these areas.

Formative Assessment Report Form

Educator—Name/Title:   _____________________________________________________________

Evaluator—Name/Title: _________________________________________________________

School(s): _________________________________________________________________________

Assessing8:

 [  ]  Progress toward attaining goals                    [  ]  Performance on Standards                    [  ]  Both

Progress Toward Student Learning Goal(s)

Describe current level of progress and feedback for improvement Attach additional pages as needed.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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Progress Toward Professional Practice Goal(s)

Describe current level of progress. Attach additional pages as needed.

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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___________________________________________________________________________

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8 As per 603 CMR 35.02 and 603 CMR 35,06(5), formative assessment shall mean the process used to assess progress towards attaining goals set forth in educator plans, performance on performance standards, or both.

___________________________________________________________________________

Educator—Name/Title:   ____________________________________________________

Performance on Each Standard

Describe performance and feedback for improvement Attach additional pages as needed.

I: Curriculum, Planning, & Assessment

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___________________________________________________________________________

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II: Teaching All Students

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III: Family & Community Engagement

___________________________________________________________________________

___________________________________________________________________________

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IV: Professional Culture

___________________________________________________________________________

___________________________________________________________________________

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The educator shall have the opportunity to respond in writing to the formative assessment as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature of Evaluator _____________________________Date Completed:________________

Signature of Educator*_____________________________Date Received: ________________

* Signature of the educator indicates acknowledgement of this report; it does not necessarily denote agreement with the contents of the report. Educators have the opportunity to respond to this report in writing and may use the Educator Report Form.

* For educators on two-year Self-Directed Growth Plans at the end of Year One of the cycle

Educator—Name/Title:   ________________________________________________________

Evaluator—Name/Title:________________________________________________________

School(s):       .               ________________________________________________________

Assessing1:

 [  ]  Progress toward attaining goals                   [  ]  Performance on Standards                   [  ]  Both

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

 [  ]  Did not meet     [  ]  Some progress      [  ]  Significant Progress    [  ]  Met        [  ]  Exceeded

Rationale, evidence, and feedback for improvement:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

 [  ]  Did not meet     [  ]  Some progress      [  ]  Significant Progress    [  ]  Met      [  ]  Exceeded

Rationale, evidence, and feedback for improvement:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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1 As per 603 CMR 35.02 and 603 CMR 35.06(5) formative evaluation shall mean the process used to assess progress towards attaining goals set forth in educator plans, performance on performance standards, or both.

___________________________________________________________________________

Educator—Name/Title:   ________________________________________________________

 [  ]  Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

 [  ]  Evaluator is assigning ratings that differ from prior Summative Evaluation; comments are required

Rating on Each Standard

I: Curriculum, Planning & Assessment      [  ]  Unsatisfactory    [  ]  Needs Improvement    [  ]  Proficient    [  ]  Exemplary

Rationale, evidence, and feedback for improvement:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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II: Teaching All Students           [  ]  Unsatisfactory        [  ]  Needs Improvement        [  ]  Proficient    [  ]  Exemplary

Rationale, evidence, and feedback for improvement:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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III:  Family Community Engagement    [  ]  Unsatisfactory   [  ]  Needs Improvement    [  ]  Proficient    [  ]  Exemplary

Rationale, evidence, and feedback for improvement:

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

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III: Family/Community Engagement    [  ]  Unsatisfactory   [  ] �