Topsfield

 

AGREEMENT

between the

TOPSFIELD SCHOOL COMMITTEE

and

TOPSFIELD TEACHERS’ ASSOCIATION

September 1, 2010 through August 31, 2013

 

This agreement is entered this 13^th day of June, 2011, between the Topsfield Teachers’ Association (hereinafter referred to as the “Association”) and the Topsfield School Committee (hereinafter referred to as the “Committee”).

PREAMBLE

 Recognizing that our prime purpose and responsibility is to provide education of the highest possible quality for the children of Topsfield and that good morale within the teaching staff of Topsfield is essential to the achievement of that purpose, we, the undersigned parties to this Agreement, hereby agree as follows:

 

ARTICLE I - PURPOSE AND SCOPE

 

1.1 This agreement includes all of the agreements reached by the parties respecting matters pertaining to wages, hours, and other conditions of employment for the term of years herein provided.

 

1.2 Under the law of the Commonwealth of Massachusetts, the Committee, elected by the citizens of Topsfield, has final responsibility for establishing educational policies of the public schools of Topsfield. 

 

For all matters not mentioned in the Agreement, for matters excluded from the Grievance and Arbitration Procedures, and for matters for which directions are not given, the Committee reserves and retains full rights, authority, and discretion in the proper discharge of their duties and responsibilities to control, supervise and manage the public schools and their professional staff under governing law, in their sole discretion or judgment; and, in such matters, the exercise of such discretion or judgment shall be final and binding and thereby not subject to the Grievance and Arbitration provisions of this Agreement if made in good faith (i.e., not arbitrarily or capriciously or without a rational basis in fact).  Any arbitration of such matters shall be limited to the question of good faith as defined herein and the Arbitrator shall be without power to substitute his judgment on the merits of the controversy for that of the Committee in such circumstances.

 

1.3 The administrators of the Topsfield School System have the right and responsibility for carrying out   the established policies of the Committee.

 

The teaching staff of the public schools of Topsfield has the responsibility for providing in the classrooms of the school education of the highest possible quality.

 

Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Administration and the teaching staff.

 

The Committee shall not limit by any action of the Committee or Administration the rights of employees to lawfully pursue the powers granted to them by Section 2 of Chapter 150E of the Massachusetts General Laws, or as a result of their right to participate in the Grievance and Arbitration procedures. 

 

1.4 If any provisions of this Agreement, or any application of this Agreement, to any teachers covered by the terms of this Agreement, shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law, but all other provisions or applications of this Agreement shall continue in full force and effect. The parties to this Agreement shall meet forthwith to negotiate a new provision to replace the provision found to be unlawful.

 

1.5 No change or modification of this Agreement shall be binding on either the Committee or the Association unless reduced to writing and executed by respective duly authorized representatives.

 

1.6 The parties recognize and agree that the provisions of this Agreement are intended to be given their full force and effect while, at the same time, they must be construed in accordance with the terms of the Massachusetts Educational Reform Act of 1993, and any subsequent amendments thereto. Accordingly, and by way of example only, there may be instances where the parties have agreed the "Committee" is to act when, in fact, as a result of the Educational Reform Act, the Superintendent and/or Principal(s) must now do so.  It is the parties' intention that the obligations of this Agreement continue to be fulfilled even though statutory powers to act may have been delegated to and must be exercised by persons and entities other than those expressly named herein.

 

 

ARTICLE 2 - RECOGNITION

 

The Committee recognizes the Association as the exclusive bargaining agent for the purpose of    collective bargaining concerning wages, hours and other conditions of employment for the following professional employees of the Topsfield Public Schools:

 

All classroom teachers, including teacher specialists, but excluding Superintendent, Assistant to the Superintendent, Special Education Administrator, Principals, other supervisory and administrative personnel, aides, per diem substitute teachers, and all other employees of the Topsfield School System.

 

Unless otherwise indicated the employees in the above unit will hereinafter be referred to as "teacher(s)".

 

ARTICLE 3 - GRIEVANCE PROCEDURE

 

3.1 Definition:

 

A "grievance" is a dispute concerning the interpretation, meaning or application of this Agreement or any amendment or supplement thereto, except such disputes concerning such matters which are specifically excluded from the Grievance and Arbitration procedures by other provisions of this Agreement.

 

An "aggrieved person" is a person or persons making the claim.

 

A "party of interest" is a person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

 

3.2 Purpose

 

The purpose of this procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise regarding the words or intent of the Agreement. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at  any level of the procedure.

 

 Nothing herein contained will be construed as limiting the rights of any teacher to discuss any matter informally, other than a formal grievance, with an appropriate member of administration, and having the matter adjusted without intervention of the Association, provided that the adjustment is not inconsistent with the terms of the Agreement.

 

 3.3 Procedure

 

 The time limits indicated hereunder will be considered maximum unless extended by mutual agreement in writing. Grievances submitted after June 1 will be processed as speedily as practicable.

 

 Level 1.  A teacher with a grievance will first discuss it with the principal or immediate superior, either directly or through a representative of the Association, with the objective of resolving the matter informally. All decisions at this level shall be reported forthwith in writing to the Superintendent and shall be subject to his approval.

 

 Level 2. (a)  If the grievance is not settled within five (5) days after presentation at Level One, the aggrieved teacher or the Association may within five (5) days thereafter refer it in writing to the Superintendent. There shall be a meeting with the Association and the Superintendent as soon as practicable after receipt of the written grievance.

 

 (b) If the grievance is not received by the Superintendent within forty-five (45) days after the aggrieved party knew or should have known of the act or condition on which the grievance is based, the grievance will be considered as waived.  An alleged waiver will be subject to arbitration pursuant to Level Four.

 

 Level 3.  If the grievance is not settled within ten (10) days from the receipt of the grievance by the Superintendent, the aggrieved teacher or the Association may submit said grievance in writing to the Committee.  There shall be a meeting with the Association and the Committee as soon as practicable after receipt of the written grievance.

 

 Level 4.  If the grievance is not settled at Level 3 and if the Association so determines, it may, within thirty (30) days after written reference to the Committee, refer the grievance to arbitration as hereunder provided.

 

3.4 Any grievance which has not been settled under the procedures set forth herein may be submitted by either party to the American Arbitration Association within the time prescribed.  The parties will be bound by the rules and procedures of the American Arbitration Association in the selection of an Arbitrator.

 

3.5 The Arbitrator so selected will confer with the representatives of the Committee and the Association and hold hearings promptly and will issue the decision, award, and reasons therefore not later than twenty (20) days from the date of the close of the hearings, or if oral hearings have been waived, then from the date the final statements and proofs are submitted.

 

The arbitrator will be without power or authority to make any decision or award which is violative of the General Laws of the Commonwealth, or required the commission of an act prohibited by law, or which violates any of the terms of this Agreement.  The Arbitrator will be without power or authority to render an award or decision concerning any matter which has been excluded from the Grievance and Arbitration Procedures of this Agreement.

 

The decision of the Arbitrator will be final and binding except for review or confirmation as provided by the provisions of Chapter 150E of the General Laws of the Commonwealth, if either party shall exercise such rights.

 

3.6 The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel and sustenance expenses, will be borne equally by the Committee and the Association.

 

3.7           Any party in interest may by represented at all stages of the grievance procedure by a person of his/her choosing, except that the person may not be represented by a representative or an officer of any teacher organization other than the Association.  

 

When a teacher is not represented by the Association, the Association will have the right to be present and to state its views at all stages of the Grievance and Arbitration procedure, and one copy of the written resolution of matters shall be transmitted to the Association.

 

3.8 If, in the judgement of the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two.  The Association may process such a grievance through levels of the grievance procedure even though the aggrieved person does not wish to do so.

 

3.9 Decisions rendered at Levels One, Two and Three of the grievance procedure will be in writing setting forth the decision and reasons therefore and will be transmitted promptly to all parties in interest and to the President of the Association.  Decisions rendered at Level Four will be in accordance with the procedures set forth herein.

 

3.10 All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants, unless the individual in question files a written request to the contrary.

 

3.11 Forms for filing grievances, serving notices, taking appeals, making reports, and recommendations and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

 

 

ARTICLE 4 - SALARIES AND OTHER COMPENSATION

 

4.1 Changes in salary and other compensations for teachers covered by this agreement for the appropriate years are set forth here.  Actual salary schedules are set forth in Appendix “A” attached hereto and a part hereof.

 

            2010-2011       *0%, steps and longevity retroactive to September

            2011-2012       *1% increase across the board on the salary schedule

                                    *Implement M+75 at $1000 above M+60 (credits from 2008-2011 approved by                                           the Superintendent will be allowed to count towards this new column.  New                                      credits correspond with Article 4.5)

                                    *Teachers eligible for step increases shall not also be eligible for a longevity                                                 payment (see 4.4(g) below)

            2012-2013       *2% increase across the board on salary schedule

                                    *Increase 403B match by $100

 

4.2 In the normal course of salary progress, increments for teachers rendering satisfactory service will be awarded.  Increment, however, should not be deemed to be automatic.

 

4.3 Teachers entering service in the Topsfield School System for the first time shall be placed on the schedule at the appropriate step and on the proper preparation level as determined by the Superintendent with the concurrence of the Committee.  Experience outside of the Topsfield School System shall be evaluated in relationship to the positions being filled.  As a guide, if the previous experience of a prospective teacher is not continuous up to the time of employment in Topsfield, a maximum of only four (4) years outside this system may be accepted.  However, the Committee, on recommendation of the Superintendent shall be free in the placement of new teachers on the schedule.

 

Credit will be give for the following types of experience outside the Topsfield School System:

 

(a)  Public School teaching.

 

(b)  Private School teaching - the school must be an accredited one acceptable to the committee. Private kindergartens or nurseries are not to be included.

 

(c)  College teaching.

 

(d)  Permanent substitutes who have taught in one of the above-type schools.

 

4.4 Advancement on the Salary Schedule

 

(a)  Lateral Advancement on the salary schedule is based upon successful completion of graduate level courses subject to the conditions for approval as described in Article 4.5. The Speech and Language Therapist will be permitted to utilize CEUs for advancement on the salary schedule.

 

(b)  Notification of anticipated attainment of courses must be provided prior to November 1 prior to the school year in which the advancement is anticipated. Said notification requires the teacher to submit to the building principal, on the appropriate form provided for this purpose, the course work that will lead to advancement on the salary schedule.  If this notification is not provided, column advancement on the salary schedule will be delayed until the commencement of the next school year.

 

(c)  For both newly employed teachers and teachers with accrued employment in the Topsfield Schools only courses initially approved when hired as a teacher in Topsfield or subsequently approved by the Superintendent of Schools, with all required documentation being submitted, will be credited toward salary advancement associated with graduate credits and advanced degrees. At the time of initial employment, a teacher will be given 30 days or up to the first pay period to submit official documentation of graduate course work completed for which the newly hired teacher is seeking salary schedule credit, subject to the approval of the Superintendent.  

 

(d)  Placement on a higher salary schedule shall be made after necessary documentation has been filed with the Superintendent's Office and will be effective on the first day of the month following this notification. The additional salary due will be determined on a pro rata basis in relationship to that portion of the ten month contract period for which the higher rate will be applicable. The additional salary will be paid immediately starting with the first payroll, if time permits.  A surplus of credits earned 10 years or more prior to placement on the Master’s column of the salary schedule cannot be credited for purposes of advancing further on the scale.  For instance, a teacher who is moving from a Bachelor’s column to the Master’s column in September 2007 who has 15 unrelated credits not used for the Master’s Degree earned prior to September 1997, will not be permitted to use those credits to advance to the Masters+15 column.

 

            (e)  Effective September 1, 2001, a teacher employed by the school district as of the execution        date of his Agreement who received her/his Massachusetts teaching certification prior to June 18,          1993 shall be eligible for Step 13 of the Master’s column according to the following terms and             conditions:

 

                        i) The teacher has reached step 12 of the B+24 Column.

 

ii) The teacher has acquired a minimum of thirty-three (33) credits, approved by the Superintendent, beyond the Bachelor’s Degree.

 

iii) Upon reaching thirty-three (33) credits beyond the Bachelor’s Degree, the teacher shall be placed on Step 12 of the Master’s column consistent with paragraphs (b) and (d) of this sub-section. (NOTE: the notification provision in paragraph (b) shall be waived for any teacher who achieves B+33 prior to or during the 2001-02 school year.)

 

iv) At the beginning of the following school year, the teacher shall advance to Step 13 of the Master’s column.

 

(f)  Teachers may utilize Professional Development Points (PDPs), as defined by the Department of Education Licensure Regulations, to advance on the salary schedule. In order to move on the schedule, applicable Professional Development Points must be approved in advance by the Superintendent and the Building Principal, the professional development work must be at least fifteen (15) hours in duration and will require the completion of a project and/or written work and the experience/course must be comparable to a graduate level course.

 

For the purposes of this section, a fifteen (15) hour professional development course equals one (1) credit for advancement on the salary schedule. Bargaining unit members may receive up to twelve (12) credits based upon the approved professional development points. The project and/or written work shall be consistent with the system’s goals and objectives and/or the school improvement plan. The Superintendent and the Building Principal shall certify that the program has been completed.

 

(g)  Effective September 1, 2011 teachers eligible for step increases shall not also be eligible for a longevity payment. 

 

4.5 Courses must be approved in advance by the Superintendent to qualify for lateral movement on the salary schedule.  In order to be eligible to be placed upon the Master's Degree Schedule, the major emphasis in the study of a teacher attaining the degree must have been to the Superintendent's satisfaction in a field that should be of help to the teacher in his/her present position and of benefit to the school system the attainment of a Master's Degree will not entitle a teacher to placement on the Master's Degree Schedule unless this qualification is met. Therefore, any teacher undertaking to attain such a degree should request in writing, as early as possible, from the Superintendent whether such study will meet this qualification.

 

 4.6 The salaries of part-time teachers will be determined by the salary schedule (Appendix A) on a pro-rata basis. Eligibility of part-time teachers for professional development will be determined as follows:  Teachers working less than .5 will be eligible for 50% and teachers working .5 or more will be eligible for 100%.

 

 4.7 Extra or non-classroom duties, except as set forth in Paragraph 4.11, shall be considered part of a teacher’s regular assignment, and due no payment outside of the salary schedule. Principals are expected to assign extra duties so as to avoid important inequities. However, when in the opinion of the committee, and with the consent of the teacher concerned, it will be to the advantage of the school  system for a teacher to be regularly assigned excessive non-classroom work in addition to a full teaching load, then it shall pay the teacher additional salary as may be considered fair and reasonable. Upon the reversion of the teacher to normal teaching status, the additional salary shall cease.

 

 4.8 Payment of the salary will be made on 26-payment plan with payment normally being made on  alternate Thursdays. The schedule for such payments shall be determined by the Committee. Information relative to gross pay and deduction will be furnished with each salary payment.  The Association shall notify the Superintendent by June 15 of any year if it wishes to change for the following school year from the then existing payment plan to either a 22-payment plan over 10 months (September-June) or the 26-payment plan referred to above.  All employees will be compensated through direct deposit.

 

 4.9 End of Career Policy

 

To qualify for the provisions of this policy, a professional staff member must have completed ten (10) years of service in the Topsfield School System and have furnished to the Superintendent no later than April fifteenth (15th) a written statement of intent to retire at the end of the next full school year. This intent to retire may be rescinded in writing by December 1 of the next school year without consequence.

 

Upon receipt of such notice, a sum of money equal to the product of two-thirds (2/3) of one (1) percent, the number of years in the Topsfield School System, and the teacher's current salary, as determined by this Agreement will be added to the individual's annual salary.

 

At the discretion of the Committee, payment of this sum shall be made either in equal payments starting with the first check (salary) in January with the last payment being made with the final check in June or by July 31st in the next fiscal year.  Any teacher participating in this program shall have the opportunity to state her/his preference as to when he/she would receive payment under this program, including an option of the following January in lieu of July.  The final decision regarding the payment schedule rests with the Committee.

 

4.9A Contributions to a 403B Plan

 

Effective September 1, 2005 the Committee and the Association agree to establish a 403(b) plan for bargaining unit members, who have completed 90 days of service in Topsfield.

 

For teachers with ten (10) full consecutive years of service or less, this program shall replace the retirement bonus contained in Section 4.9 of this Article.  However, teachers with more than ten (10) years of service may elect to participate in the 403(b) plan. Participation in the 403 (b) plan means that a member is ineligible for the end of career retirement benefit contained in Section 4.9.

 

Effective September 1, 2009, the School Committee will match the first $400 contributed by a unit member. Effective September 1, 2012, the School Committee will match the first $500 contributed by a unit member.  A unit member may elect to have additional monies withheld as employee contributions to the plan. The employer match shall be made shall be made by June 30^th of each school year.  All monies shall be remitted to a third party administrator designated by mutual agreement between the Topsfield Teachers’ Association and the Topsfield School Committee.  Individual participants shall have the responsibility for ensuring that their total yearly contributions are consistent with IRS regulations.

 

4.10  Posting of Openings

 

 Notice of vacancies in positions carrying an extra stipend, such as School Safety Officer or Lunch Hour Supervisor, shall be posted in the Teachers’ Room of each school. Should such vacancies occur, during  the summer vacation, a notice will be sent to the President of the Association.

 

All openings for summer employment (including curriculum development, summer school and summer play ground) will be adequately publicized by the Superintendent in each school building as early as possible.  Teachers who have applied for such positions will be notified of the action taken regarding their applications as early as possible.

 

4.11  Chapter 766  and Section 504 Evaluation Meetings

 

The Committee recognizes that teacher participation in certain IEP evaluation and Section 504 of the Rehabilitation Act of 1973 evaluation meetings do require time beyond usual expectations and agree to provide compensation for this activity at the hourly rate of $35.00 a maximum of one and one-half hours compensation for each meeting under the following terms and conditions.

 

4.11.1    Chapter 766 evaluation meetings shall be defined as those specified in the Regulations for the implementation of Chapter 766 of the Acts of 1972 referring to the annual meeting held to determine the specific elements of the Individual  Educational Plan through evaluation, re-evaluation or annual review and specifically excludes meetings for quarterly review of progress.  Compensation for attendance at such  meetings at times outside the normal working day shall be made to any teacher required by  the principal to be present.  Section 504 of the Rehabilitation Act of 1973 evaluation meetings shall be defined as the initial and/ or annual meeting required to establish or review an individual plan under Section 504.

 

4.11.2    The scheduling of evaluation meetings should fall within the normal workday to the extent possible.  When meetings of necessity must be scheduled outside the regular workday, prior approval of scheduling arrangements must be obtained from the Principal.

 

4.11.3   Teachers shall be responsible for submitting within fifteen (15) days a voucher for such payment to the school principal noting the nature, dates and time of the work performed.  Payment will be made to the nearest quarter hour of the time reported.

 

ARTICLE 5 – PROFESSIONAL DEVELOPMENT

 

5.1  The Committee establishes as policy the payment of three-fourths of the tuition cost not to exceed the value of tuition charged by Salem State College for courses taken at accredited colleges under the following conditions::

 

(a)  The course must be approved in advance by the Principal and the Superintendent and must carry college credit.  The course should be part of a planned program to enhance   the competence of the teacher in his/her present position and normally would be part of a degree program.

 

(b)  The teacher must successfully pass the course and submit a record of the same. Successful completion shall mean the receipt of a grade which the college will accept toward fulfillment of graduate degree requirements. In cases of courses not taken as part of a graduate degree program, a minimum of B or its equivalent will be interpreted as successful completion.

 

5.2  Effective September 1, 2005, the teacher will be reimbursed for three-fourths of the out-of-pocket payment for tuition upon the submission of a receipted copy of the tuition bill to the Superintendent for his approval as evidence of the cost of the course.

 

5.3  Reimbursement to the teachers will be made on the basis of the order by which applications are received.  The line item maximum amount for tuition reimbursement will be as follows:

            2010-2011 – $10,300

            2011-2012 -  $10,650

            2012-2013 – $11,000

 

Teachers are eligible to be reimbursed for a minimum of one (1) course per year until the funds are expended.  If there are funds remaining after the reimbursement for the first course, funds for reimbursement for additional courses will be given to teachers enrolled in an approved advanced degree program and/or licensure program.

 

5.4  However, if there are more teacher applications than available reimbursements, no one teacher will be allowed reimbursement for more than three semester hours of credit during fiscal year.  If by June 1st,  it is determined that a balance remains in this account, then the money will be equally divided up to 75% of the course cost, by the teachers who had taken an approved additional, but not reimbursed course. Application deadlines are as follows:

 

            For fall courses, no later than September 15th

            For winter courses, no later than January 15th

            For spring courses, no later than May 15th

            For summer courses, no later than July 15th

 

 5.5  To be eligible for reimbursement of matching tuition funds, a teacher, to the best of his/her knowledge and intent, should be planning to continue on the staff for the semester following the semester that the course is taken.  Payment for courses taken during a summer session will be made only to teachers upon return for the next school year.

 

5.6              Professional Development Council – A Professional Development Council shall be established and shall be composed of at least four (4) teachers named by the Association (at least two from each school) and two (2) members of the administration named by the Committee. The PDC shall be co-chaired by a teacher member and one of the administrative members. The PDC shall make recommendations to the Superintendent for a District Professional Development Program for teachers.  The Superintendent shall serve as a non-voting ex-officio member.

 

5.7  Professional Development,  Co-Curricular and Extra-Curricular Positions  A sum of money, subject to funding by the Committee each year, will be available to be used for stipends for extra duties and co-curricular and extra-curricular positions as determined by the Committee. It is agreed that in any year in which curriculum committees are established, a stipend will be offered to participating teachers. The amount may be offset wholly or in part by the availability of School Improvement Funds as provided through grants or other similar sources.

 

A list of stipend positions for the upcoming school year, which the Committee intends to fund, will be distributed to teachers on or before June 1^st.

 

Position                                                                                   Current           Proposed        

                                                                                                Level               Level

Mentor 1                                                                                  40                    40                               

Mentor II                                                                                 20                    20

Tri-Town Mentor Program Leader                                           10                    10

Math Curriculum Mentor                                                         40                    40

ELA Curriculum Mentor                                                          40                    40

Building Action Team Leader                                                  20                    20

Building Action Team Members                                                          10                    10

Curriculum Action Team Leader                                             20                    20

Curriculum Action Team Member                                           10                    10

Professional Development Council                                          10                    20

Tri-Town Professional Development Council Facilitator                     10                    10

Study Group Leader                                                                20                    20

Study Group Member                                                              10                    10

Teacher-in-Charge                                                                   30                    30

Band Director                                                                          30                    50

Beginning Band Director                                                         NA                   10

Chorus Accompanist                                                               10                    10

Position                                                                                   Current           Proposed        

                                                                                                Level               Level

Extra Curriculum Activity Leader I                                          10                    10

Extra Curriculum Activity Leader II                                        20                    20

Extra Curriculum Activity Leader III                                       30                    30

Teacher to Teacher I                                                                10                    10

Teacher to Teacher II                                                               20                    20

Teacher to Teacher III                                                             30                    30

Teacher to Teacher IV                                                             40                    40

Teacher to Teacher V                                                              50                    50

Grade Level Liaison                                                                10                    10

Science Coordinator                                                                40                    40

Health & Wellness Facilitator                                                  10                    10

Health and Wellness Committee                                                          10                    10

Olweus Steering Committee                                                     10                    10

Tri-Town Writing Curriculum Committee                                10                    10

Technology Committee                                                                        10                    10

Data Team                                                                               10                    10

Data Team Facilitator                                                               10                    10

RTI Study Group                                                                     10                    10

RTI Coordinator                                                                      40                    40

Math Program Review Committee                                           10                    10

Educator Evaluation Committee                                                          10                    10

 

Description for Educator Evaluation Committee:  New guidelines for educator evaluation will be released by the Board of Education in June 2011.  This committee will be responsible for learning about theses guidelines, sharing their findings with their colleagues.  The Committee will report its finding to the Association and School Committee.

 

Amend stipends as follows effective September 1, 2011:

 

Level 50 – $1600

Level 40 – $1300

Level 30 – $1100

Level 20 – $700

Level 10 – $325

 

5.8  District Induction Program for New Employees – Effective September 1, 2001, the following requirements with respect to induction activities shall apply to new teachers:

 

(a) Participation in a year-long mentor induction program as recommended by the Professional Development Council and approved by the Superintendent.

 

(b) Participation in training necessary for the implementation of adopted curriculum within the first three years of employment. The training shall be tailored to meet the needs of each individual teacher, taking into consideration the training he/she has had prior to being employed in Topsfield. The training to be taken shall be determined mutually by the teacher and her/his principal. The Superintendent shall be available, if necessary, to assist in resolving any dispute with respect to such training.

 

(c) Completion of a graduate level course (e.g.- one sponsored by the school district, a course that is part of a Master’s program, etc,) within the first three years of employment.

 

                                                                                                                                   

ARTICLE 6 - TEACHING HOURS AND TEACHING PROGRAM

 

6.1  Work Year

 

The work year of teachers, except for new teachers, will begin no earlier than September 1st and terminate no later than June 30th.  The work year will include days when pupils are required to be in attendance and any other days on which teacher attendance is required effective 2000/2001. The work year will in no event be longer than three (3) days more than the number of days when pupils are required to be in attendance. The 182nd day shall be used for professional development purposes scheduled during the school year. The 183rd day shall be used for professional development purposes scheduled during the school year. New teachers shall be required to participate in a two-day orientation program prior to the commencement of the school year without additional compensation. Part-time teachers will participate fully in the activities scheduled for the three (3) professional development days as part of their professional responsibilities.

 

6.2  Work Day

 

(a)  At every session of the school year, all teachers shall be in their respective buildings and available for duty at least fifteen minutes before the beginning of  the session.  Teachers at the close of the daily school session shall remain in             the building at least thirty minutes after the close of school to take care of any details usually connected with the closing of the daily school session. By mutual agreement between teacher and building principal, the teacher's availability may be adjusted to be thirty minutes before school and fifteen minutes after the close of the daily session.  Exceptions to this rule may be made by the Principal.  The above rule notwithstanding, teachers are expected to perform fully those professional responsibilities which may occasionally require their presence beyond the stipulated hours, (such as giving assistance to pupils, conducting parent conferences, school wide open house, and the participation in staff meetings for administrative, instructional, or curriculum-related purposes).

 

(b)  Students' classes with specialists (P.E., Music, Art and Library) shall be treated as teacher preparation periods and shall not be required to be used for other professional responsibilities without the consent of the teacher.  The Committee will make its best effort to guarantee an  average of one hundred eighty  (180)  minutes of preparation time per full week (i.e.-when a full school day is scheduled for each of the five school days in a week) per full-time teacher, including specialists and special education teachers.

 

 

(c)  Effective September 1, 2007, teachers shall spend twenty (20) hours per school year outside the regular instructional school day (an average of two hours per month) in job-a-like team meetings in accordance with the following:

 

i)  These meetings shall include time spent with teaching specialists and special education teachers, but time for meetings under this paragraph shall not be used for Chapter 766 type individual pupil meetings, such as pupil study teams and  teacher assistance team meetings.

 

ii) The purpose of these meetings is to enhance the instructional program by providing increased opportunities for communication among the teachers at each grade level.

 

iii) The schedule and agenda shall be jointly determined by the teachers and building principal. Said meetings shall not be scheduled on Fridays or any day before a holiday, long weekend or vacation. The principal shall be able to attend these meetings at her/his discretion.  Nothing in this article prevents these meetings from taking place during lunch, subject to mutual agreement between the impacted teachers and the Principal.

 

iv) A written record will be kept of the topics discussed and decisions made at each meeting. The record will be provided to the building principal in a timely manner.

 

 

6.3  The Committee, acting through the Superintendent, shall consult the President of the Association before establishing the school calendar annually or reaching a decision which would change the school hours.

 

6.4  The instructional school day shall be six (6) hours and twenty-five (25) minutes long.

 

ARTICLE  7 - NON-TEACHING DUTIES

 

7.1  The Committee agrees in principle that aides should be provided to relieve teachers from supervision of the children at the lunch hour recess.  The teacher(s) shall not be required to supervise students during the lunch hour recess unless required to do so by the teacher's principal in an extraordinary situation.

 

7.2  Teachers shall be expected to take attendance daily and fill out a designated attendance form. However, teachers will not be required to maintain a Massachusetts Register of Attendance.

 

ARTICLE  8 - SICK LEAVE

 

8.1   Sick leave shall be defined as payment to employees while on pay status and not at work, which shall be granted to a teacher for:

 

(a)  illness

 

(b)  injury, or

 

(c) disability, relating to a physical condition which requires doctor or hospital care ,under the terms and conditions set forth in this Article.

 

8.2  A teacher, in order to be eligible to use sick leave, must notify the Superintendent, or his designated representative, on or before the first day of any absence for which he/she intends to use sick leave.  The notice shall contain the nature of the illness, injury, or disability and, if possible at the time, an estimate of the date the teacher expects to return to work.  A teacher absent and obtaining sick leave payments is expected to keep the Superintendent informed of the progress of the illness, injury, or disability.

 

8.3  In any case where a teacher claims to be ill, sick, or disabled as set forth in Article 8.1after an absence of five (5) consecutive days or after repeated absences during the school year, upon request of the Superintendent, the teacher shall furnish a report from the teacher's attending  physician certifying the cause of the absence.  Additional reports from the attending physician shall be furnished as requested by the Superintendent in connection with a prolonged illness. Such reports, when requested by the Superintendent, shall contain a medical diagnosis, designation of the specific illness, injury, or condition for which the sick leave is used or requested and a prognosis including, to the best of the ability of the physician, an estimated date of the time of recovery.

 

8.4  Each teacher shall be credited with  fifteen (15) days for sick leave payments in each school  year, effective the first day of the school year.  Newly hired teachers shall receive such credit only after they have first reported to work and have actually worked at the job for at least one day.

 

8.5  Sick leave days may be accumulated to a maximum of 185 days, the total of 185 days to include that leave described in  8.6 below.  Prior to October 1st of each school year, all teachers will be notified of the accumulated sick leave available at the commencement of the school year.

 

8.6  Subject to the limitations set forth in 8.5 above, a teacher may accumulate additional leave at partial pay at the rate of 20 days per school year to be used as sick leave.  The unused portion of such accumulated leave at partial pay may accumulate from year to year to a maximum of 80 days.  In the case of a need to use extended sick leave as provided by this paragraph, a teacher shall receive normal pay for each such day, less a deduction at the base rate paid substitute teachers. The rules for the use of sick leave as set forth in this Article shall be applicable to the use of  sick leave provided by this paragraph.

 

8.7  If a teacher experiences an illness, injury, or disability as defined herein for which the teacher is paid compensation pursuant to the Workmen's Compensation Law, the teacher may use sick leave on a pro-rata basis only, to be paid the difference between the Workmen's Compensation payments and the teacher's regular salary payments and to have sick leave accumulation reduced in proportion to the amount of salary paid.   Such payments may not be made for a period in excess of two calendar years from the date of injury.

 

8.8  A teacher beginning service after the beginning of the school year shall be given sick leave allowance on a pro-rata basis.

 

8.9  In the case of an absence for an illness, injury, or disability for which there is no sick leave available to the teacher, computation of the per diem salary to be deducted shall be based on 1/200th of the teacher’s annual salary rate.

 

 

ARTICLE 9 - TEMPORARY LEAVE OF ABSENCE

 

9.1   A teacher may use up to a total of seven (7) school days of temporary leave in a school year, such leave not to accumulate.  The Superintendent, in his sole discretion, may extend such leaves upon request.

 

9.1.1  Bereavement Leave  In the event of a death in the family of a teacher, the teacher may use up to a total of seven (7) days of temporary leave for bereavement subsequent to the death.

 

9.1.2  Religious  Holidays  A teacher may use up to two (2) days of temporary leave to observe a religious holiday viewed by the teacher as obligatory upon herself/himself.  In the specific case of Good Friday only, teacher(s) wishing to take a day of temporary leave on Good Friday shall notify the Superintendent in writing at least thirty (30) days prior to Good Friday.

 

9.1.3  Other Compelling Cause  A teacher may use days of temporary leave from her/his available days of temporary leave for other compelling cause (s).  Compelling cause means quarantine, summons to court as a witness, serious family illness, attendance for one day at the graduation of a family member, or cause approved by the Superintendent.  It shall be the responsibility of the teacher to furnish sufficient written information to the Superintendent to enable him to make a determination as to whether absence falls within this category.

 

9.1.4  Exception  A teacher may receive two (2) of the seven (7) days stipulated about for leave of absence with no explanation necessary; it is understood these two (2) days may not be used to extend vacations.  In such cases, a teacher will merely complete the form attached hereto as Appendix B to serve as a record.

 

9.2  Two delegates from the Topsfield Teachers’ Association shall receive a one day leave of absence to attend the annual meeting of the Massachusetts Teachers' Association without loss of pay.

 

9.3  Requests for Absences for Other Purposes The Committee recognizes that there may be occasional requests for absences for reasons other than those listed herein.  The reasons intended here are those carrying a significant obligation other than that of pleasure and personal satisfaction.  Educational opportunities of unique or extraordinary nature will be considered in light of their value to the professional assignment of the staff member and also on the impact upon students during the period of absence.  Requests for any such contemplated absences must be submitted in writing, and approved in advance by the Superintendent; and if approval is given, the  amount deducted per diem shall be the base rate paid to substitute teachers. Whenever possible, teachers should communicate with the Superintendent well in advance of any planning efforts related to requests for absence.  The decision to approve said request is at the discretion of the Superintendent.  In the case of absence not so approved, the computation of the per diem salary to be deducted shall be based on one two-hundredths (1/200) of the teacher's annual salary rate.

 

9.4  Jury  Duty Leave  In the event that a teacher is called for jury duty, said teacher shall be on a temporary leave of absence for the period of jury duty.  The teacher shall be compensated in full by the Committee for up to the first three (3) days of  jury duty as required by law. Should a teacher's jury duty extend beyond three (3) days, the teacher shall be compensated by the Committee her/his daily rate less the cost of a substitute.  When a teacher is notified of impending jury duty, the teacher will contact the jury information service between 3:00 p.m. and 4:00 p.m. on the day prior to service to determine whether he/she must serve in order that final arrangements can be made for a substitute teacher.

 

 

ARTICLE 10 - HEALTH LEAVE

 

10.1  Any teacher who has served in the Topsfield School System for a period of not less than seven (7) years may, upon recommendation of the Superintendent, with the approval of the Committee, be granted, leave of absence not exceeding one year.  During such absence, the teacher shall continue in the employment of the Topsfield School System and shall receive one-half (1/2) pay for such period. Teachers maybe granted such leave of absence - with pay for reasons of health only.  A teacher may not apply for Maternity Leave under this section of the Agreement.

 

10.2  Generally, the policies described herein will be fulfilled completely as intended with all personnel.

  However, the Committee reserves the right to alter such policies in extreme instances because of extenuating circumstance.

 

10.3  The provisions of this policy whereby teachers may be granted salary during absence provides a means that may be employed by the Committee for furthering the interests of the schools. It shall not be construed as bestowing a privilege of absence.

 

ARTICLE 11 - SABBATICAL LEAVE

 

11.1  It is the continuing aim of the Committee to assist the teaching staff in the expansion of their professional capabilities.  Therefore, the opportunity of Sabbatical Leave may be granted for the purpose of approved graduate study, work-related travel, or other approved cause.  

 

11.2  Upon recommendation by the Superintendent, the Committee may grant Sabbatical Leave to consist of one (1) year or one-half (1/2) year to members of the professional staff after seven (7) consecutive years of service in the Topsfield School System.  The granting of this Sabbatical Leave shall be discretionary with the Committee, subject to the following provisions:                                            

 

(a)  A member of the professional staff who has been granted a Sabbatical Leave shall serve for an additional seven (7) years before being eligible for consideration for a second Sabbatical Leave.

 

(b)  Preliminary requests for Sabbatical Leave shall be made in writing to the Superintendent before November first of the school year preceding the school year for which the leave is requested.

 

            (c)  Final application for Sabbatical Leave shall be made on or before February first.

 

(d)  The applicant will provide with his/her application a detailed Sabbatical Leave plan to include a statement of aims and objectives and the procedures whereby these aims  and objectives are to be achieved.

 

(e)  Prior to the granting of such leave the applicant shall enter into a written agreement with the Committee that he/she will return to active service in the Topsfield School System for a period equal to twice the length of such leave, and that, in default of completing such service will refund to the Town of Topsfield an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually reached as agreed upon bears to the whole amount of service agreed to be rendered.

 

11.3  Members of the professional staff on Sabbatical Leave shall retain those rights of salary, professional status, seniority, and all other rights which would other wise be theirs if they were actively teaching in the school system during the period of said leave.

 

11.4  The Committee will pay during such leave the regular salary rate to the teacher who is on Sabbatical Leave for one-half (1/2) a school year, or one-half (1/2) of the regular salary rate to a teacher who is on leave for a full school year.

 

11.5  Nothing in this Article is to be interpreted as guaranteeing a Sabbatical Leave to any member of the professional staff.  The Committee reserves the right to limit the number of such leaves to be granted in any given year.  It is expected that normally no more than one staff member will be granted a Sabbatical Leave in any given school year.

 

ARTICLE 12 - EXTENDED LEAVES OF ABSENCE WITHOUT PAY

 

12.1  Extended leaves of absence without pay may be granted by the Committee to any teacher for such purpose and length of time as determined by the Committee, upon recommendation by, the Superintendent, after application by the teacher.  Examples of such leave would be prolonged illness, needed rest, necessities of the home and allied reasons, education, and for any other activity which in the judgment of the Superintendent would contribute to the future benefit of the Topsfield School System.

 

Extended leaves of absence without pay may also be granted for the purpose of  enabling teachers to retrain for or to try a different career, the period of such leave not to exceed one school year. Written application for such leave must be presented to the Superintendent by May 1st  immediately preceding  the school year in which the leave will take place.  Written notice of intent to return to the teaching position must be given to the Superintendent by  March 1st  preceding the school year of return to service.  Such time spent on leave shall not count toward length of service; such time will merely interrupt service.

 

12.2  A teacher, upon return to work, will be placed on the appropriate step of the salary schedule. In the event of a teacher returning to duty at the beginning of the school year following this leave of absence, the teacher would advance to the next step on the salary schedule, provided the teacher has been on duty more than one-half of the school year in which the leave occurred.  In the event a teacher is on such leave for more than one-half of the school year, the teacher would remain on the same salary schedule step for the year in the which the teacher returns.  In the event a teacher is on such leave during portions of two school years and totaling more than half of the school year, the teacher would remain on the same salary schedule step for the year following the second partial year of service.

 

12.3  A teacher returning from such leave shall be assigned to the same position or to a position comparable to the one held prior to said leave, provided the position has not been abolished.

 

12.4  A teacher who has been employed for one complete year shall be entitled to a leave of absence without pay for up to 12 consecutive weeks for adoption, foster care placement of a child or if a serious health condition affects the employee or the employee's spouse, child or parent in accordance with the Federal Family and Medical Leave Act.  Consistent with the Family and Medical Leave Act, during said twelve week leave, an employee on leave under this Section shall continue to be eligible for health insurance with the Town and the employee paying their respective regular costs of the health insurance.

.

12.5  All benefits accrued by the teacher prior to the commencement of leave granted under this Article, including but not limited to the use and accumulation of sick leave, shall be restored to the teacher upon return from such leave.  It is understood that no credit shall have been earned for any such benefits during the period of such leave, nor shall any obligations be incurred by the Committee for any benefits otherwise available to teachers on pay status while the teacher is on such leave except:

 

(a)  Except as provided in Section 12.4, teachers shall be eligible in the insurance group for health and life insurance as permitted by Chapter 32B of the General Laws, without any contribution by the Town.

 

(b)  Teachers may receive course reimbursement permitted by and under the conditions as set forth in Article 5 of this Agreement.

 

ARTICLE 13 - MATERNITY LEAVE

 

13.1.1  A leave of absence without pay, for the purpose of giving birth to a child, shall be granted to any teacher who applies at least two weeks in advance of the anticipated date of delivery, for a period not to exceed eight weeks (except as provided below in 13.1.2 or 13.3.1) in accordance with the provisions of General Laws Chapter 149, Section 105D, or for a period not to exceed twelve weeks for a teacher who has been employed for at least twelve consecutive months. Subject to the terms and conditions set forth in Article 8, entitled "Sick Leave", of this Agreement, a teacher on said maternity leave may elect to draw from her earned, unused accumulated sick leave for such period of time when she would be physically disabled due to pregnancy or childbirth during the period of said maternity leave.

 

3.1.2  If at the end of the eight or twelve week period the absent teacher's physical condition resulting from pregnancy, makes her eligible for sick leave which she has available to her as set forth in Article 8, the teacher may elect to have the eight week leave of absence without pay continued for the period of continued disability or to the end of the school year, whichever is sooner, or to return to pay status and use her earned accumulated sick leave to the extent of its availability.

 

13.2.1  In lieu of the use of sick leave for the purpose of delivery of a child until a teacher is recovered sufficiently to return to work; and, in lieu of the maternity leave described in Section 13.1.1 and 13.1.2 above, a teacher may apply for and shall be granted a leave of absence without pay upon application by  the teacher no later than sixty (60) days in advance of the anticipated date of the commencement of such  a leave, provided, however, that such a leave described in this Section must commence no later than the date of the actual date of delivery of  the child.  A teacher may begin the actual leave prior to the previously announced date upon  joint determination by the teacher, her physician and the Superintendent.  Subject to the terms and conditions set forth in Article 8, entitled, "Sick Leave", of this agreement, a teacher on said maternity leave may, elect to draw from her earned, unused accumulated sick leave for such period of time when she would be physically disabled due to pregnancy or childbirth during the period of said maternity leave.

 

13.2.2  This leave may extend at the option of the teacher for (a) any portion of the balance of  the school year, or (b) the balance of the year of birth and the next full school year.  Upon return to work at the time chosen under option (a), or at the commencement of the school year during the second September following the birth pursuant to option (b), the teacher shall be restored to a teaching position by providing written notification to the Superintendent of such intent no later than March first preceding the school year for which the teacher intends to return, providing such letter be accompanied by a statement in writing from the attending physician of the teacher, certifying the teacher's fitness to resume teaching duties: This leave may be terminated early upon:

 

            (a)  The agreement of the Superintendent, or

 

(b)  At the beginning of the next school year following the date of delivery provided notice is given as set forth herein.

 

13.2.3  A teacher, upon return to work, will be placed on the appropriate step of the salary schedule.  In the event of a teacher returning to duty at the beginning of the school year following this leave of absence,  the teacher would advance to the next step on the salary schedule, provided the teacher has been on duty more than one-half (1/2) of the school year in which the leave occurred.  In the event a teacher is on maternity leave for more than one-half (1/2) of the school year, the teacher would remain on the same salary schedule step for the year in which the teacher returns.

 

13.2.4  A  teacher returning from maternity leave shall be assigned to the same position or to a comparable position to the one held prior to said leave, provided the position has not been abolished by reduction in force.

 

13.2.5  All benefits accrued by the teacher prior to the commencement of the maternity leave granted by this section, including but not limited to the use and accumulation of sick leave, and such benefits regarding the salary schedule as are set forth above, shall be restored to the teacher upon return from the maternity leave.  It is understood that no credit shall have been earned for any such benefits during the period of the maternity leave, nor shall any obligations be incurred by the committee for any benefits otherwise available to teachers on pay status while the teacher is on a non-paid maternity leave, except:

 

(a)  Teacher shall be eligible in the insurance group for health and life insurance as permitted by General Laws Chapter 32B, without any contribution by the town;

 

(b)  Teachers may receive course reimbursement permitted by and under the conditions set forth in Article 5 of this Agreement.

 

13.3.1  Either maternity leave may be extended by mutual agreement of the teacher and the Superintendent in order that said teacher may return at an appropriate time in consideration of the student's program(s), such as the beginning of a semester, beginning of a marking period or after a vacation period.

 

ARTICLE 14 - TRANSFERS

 

14.1  A vacancy is defined as an opening initially caused by a death, retirement, dismissal, non reappointment, resignation or other termination of an employee from an existing position, or an increase in the number of specialists or classroom teaching positions.

 

A transfer is defined as a change in assignment for a teacher from one school to another, from one grade level to another, from a specialist position to a classroom position, or from a classroom position to a specialist position.

 

Notification of a transfer will recognize the need for staff to be informed as soon as possible of their teaching assignment for an upcoming school year. Whenever possible, a transfer will be accomplished as a result of ongoing consultation between teachers and administration.

 

When a transfer occurs, resulting in a new vacancy during the school year, the vacancy shall be posted for a period of 5 school days.  Any interested teacher may apply for the posted position. Such application must include the teacher's reasons for such a request.

 

14.2  A posted position may be filled by persons from without or within the system.  If filled from within the system, it may result from a voluntary or involuntary transfer, provided that a request for voluntary  transfer shall be given full consideration. The applicant's ability and competence, the specific area of  competency sought by the principal, requests by teachers for voluntary  transfers, a teacher's length of service in the system, and the teacher's length of service in the position presently held shall be considered.  The Superintendent will give full consideration to requests for voluntary transfer whenever  reasonably possible and provided that the transfer in the Superintendent's judgment is consistent with the educational and financial needs of the District before filling a posted position with someone from outside the system.  In the case of an involuntary transfer to fill the position, notice of intent to transfer and the reasons for the transfer will be given to the teacher in writing.  An involuntary transfer will be made only after a meeting of the teacher, principal(s) involved, the Superintendent, and, if the teacher so desires, a representative of the Association.

 

 4.3  Except for the procedural requirements set forth for posting and receipt of applications, the determination of the movement of a teacher from one position to another within the school system shall be at the discretion of the Superintendent upon recommendation by the principal.

 

14.4  The tentative organizational design setting forth proposed positions for the following school year will be posted by, the Superintendent by May 15th.  On the day of posting, each teacher shall receive a copy of  the proposed organizational design.  Teachers may apply for a voluntary transfer to meet the  proposed organizational design for a period of six (6) school days after the posting of  the design.  Such application shall state the nature of the transfer and the reasons for such  request.  The Superintendent and principal shall give full consideration to such requests by providing each teacher, who requested a voluntary transfer, a conference with the building principal of the school where the teaching vacancy is located.  The tentative teaching assignments will not be posted until all teachers requesting a voluntary transfer have had an opportunity to have this principal/teacher conference.  The tentative Teaching Assignment will be posted by June 1.  The principal's and/or Superintendent's decision not to honor the voluntary transfer request will be based upon the needs of the system and communicated to the teacher.

 

The determination of tentative assignments shall be made by the Superintendent as recommended by the building principal.  In determining tentative assignments, the Superintendent and principal shall consider the following: ability and competence, specific area of competence sought, requests for transfers, length of service in the system, length of service in the position held.  If the tentative assignment of a teacher is changed, the teacher shall be notified of such change immediately after such decision. The principal's and/or Superintendent's decision not to honor the voluntary transfer request will be based upon the needs of the system and communicated to the teacher.  Upon the request of the teacher, the Superintendent and/or principal will state in writing the reasons for denial of a particular position.  Any positions, which remain vacant after this process, will be filled in accordance with the provisions and terms of Paragraph 14.2.

 

 

14.5    The Superintendent will notify the President of the Association of any vacancies which occur over

the summer vacation.

 

ARTICLE 15 - TEACHER EVALUATION

 

15.1  The Committee and the Association agree that the teacher evaluation process should be a clearly understood and fair procedure.  The principles of open observation, reasonably prompt and mutual discussion after completion of observations or evaluations, and teacher review of evaluations are affirmed by both parties.

 

15.2  The teacher's signature on any written evaluation or other documents indicates that the teacher has reviewed said material but does not necessarily indicate agreement with same.

 

15.3  It is also agreed that a teacher has the right to review and make copies of the contents of his/her personnel file and to place in that file a written response to any written evaluation or complaint.  No derogatory materials will be placed in that file until the teacher has been notified of his/her right to review and write a response to it.  Such notification is not required in the case of evaluation statements which the teacher has already signed.

 

15.4   While the parties recognize the right of citizens to communicate with members of the Committee, administrators, and teachers, the Committee agrees that its members and the administrators will encourage citizens with any complaints to consult first with any teacher involved in an effort to resolve the complaints.

 

If the Committee determines that additional consideration by the Superintendent will take place regarding any serious complaints arising from information originating from a citizen in the community,  the Superintendent agrees that said teacher will be so informed of the nature of said complaint(s) within seventy two (72) hours or as soon thereafter as possible.

 

15.5       Notwithstanding the fact that the School Administration may conduct formal evaluations of teachers, nothing in this Article shall be construed to require such formal evaluation by the School Administration as a condition precedent to any action which the School Administration is otherwise authorized by law or by any of the terms of this Agreement.

 

ARTICLE 16 - DISCHARGE AND DISCIPLINE OF TEACHERS

 

16.1  No professional status teacher will be discharged, suspended, disciplined, reprimanded in writing or  reduced in rank or compensation except for inefficiency, incapacity, conduct unbecoming a teacher, insubordination or other good cause.  The teacher without professional status, after ninety (90) days of employment and during his/her contract year, shall not be discharged, suspended, disciplined, reprimanded in writing, reduced in rank or compensation except for inefficiency, incapacity, conduct unbecoming a teacher, insubordination or other good cause.

 

16.2   In the event of an action by the Committee or its agents against a teacher pursuant to Massachusetts General Laws Chapter 71, Sections 42 or 42D, the employee may at his/her discretion, within thirty (30) days following final action by the Committee pursuant to the statute, or within such time period file for arbitration with the American Arbitration Association in accordance with the procedural provisions of the grievance procedure. The election of the method of appeal by the employee shall be the exclusive method of solving the dispute.

 

For another action by the Committee against a teacher as described herein above, the teacher may appeal the action in accordance with the grievance procedure in the Agreement.

 

 

ARTICLE 17 - APPOINTMENT AND REAPPOINTMENT OF TEACHERS WITHOUT 

PROFESSIONAL STATUS

 

17.1  The decision whether or not to appoint a third year teacher to professional teacher status shall be made by, the Superintendent on/or before the third Monday in May of each year.  Third year teachers who have not been appointed to professional teacher status shall be notified in writing ten (10) days following the decision of the Superintendent.  The Superintendent shall upon request, grant such an employee a hearing prior to June 5 of such year.  The employee shall be entitled to have a representative of the Association at the hearing.  The Superintendent shall notify, the employee of his/her decision after the hearing in writing within five (5) calendar days of the date of hearing.  The decision of the Superintendent shall be final and binding and not subject to the Grievance and Arbitration provisions of this Agreement.

 

17.2  Employment of a teacher without professional teacher status, or the renewal of such appointment, or the appointment of such teacher to professional teacher status shall be the sole discretion of the Superintendent and shall not be subject to the Grievance and Arbitration procedure of this Agreement.

 

ARTICLE 18 - LAY-OFF

 

18.1  The rights set forth herein shall not affect the right of the Committee to dismiss a teacher when ever an actual decrease in the number of pupils in the schools or the town renders such action advisable.  The need for such action shall not be subject to the Grievance and Arbitration  procedures of the Agreement.

 

18.2.1  In case a decrease in the number of pupils in the Topsfield School System renders advisable the dismissal of one or more teachers, a teacher with professional status shall not be dismissed if there is a  non-professional status teacher whose position the teacher with professional status is qualified to fill.  If  the layoff results in the need to dismiss a teacher with professional status, the ability and competency of the teacher shall determine the order of the layoff.  If the ability and competency of teachers subject to the layoff are equal, then length of service and the specific area of competency sought shall determine the order of layoffs. If the teacher in the specific area of competence with the shortest length of service is chosen for layoff, no aspect of the layoff will be subject to grievance or arbitration.

 

18.2.2  "Length of Service" is defined as continuous service as a member of the bargaining unit, commencing with the first day  for which compensation was received.  After 1992/1993, years of seniority will be counted and accumulated in the following way.

 

(a)  All years of service in Topsfield, prior to and including 1992/1993, shall be considered full years relative to seniority, regardless of Full Time Equivalency (F.T.E.).

 

(b)  Teachers who voluntarily work half-time or less, (with F.T.E. equal or less than .5) shall be credited with half-year of service relative to seniority. Teachers who work more than half-time (with F.T.E. greater than .5) shall be credited with a full year of service relative to seniority.

 

(c)  Teachers working less than full time as a result of a Committee action shall receive full credit for the purpose of length of service.

 

One's length of service shall include time spent as an administrator if he/she had previously been part of the bargaining unit and subsequently return to the bargaining unit.  One's length of service shall include long-term substitute time provided that the long-term substitute time exceeds thirty (30) school days and forms a continuous period of service with the first year of employment under regular contract, beginning in September.  In no event shall intermittent substitute time count toward length of service.  Time spent on unpaid leaves of absences including child-bearing maternity leaves under 13.2 shall not count toward length of service; such time shall only interrupt length of service.  Time spent on child-bearing maternity leave under 13.1, and paid leaves shall count toward seniority.  Any new member of the bargaining unit as of June 1, 1982, who had previously been an administrator, shall have that administrative time count toward his/her unit seniority, as defined above.

 

18.2.3  The Superintendent will develop a Seniority List based upon the conditions for Length of Service as defined above and in Article 18.2.3. By March 1st of each year, this list will be provided to the Topsfield Teachers’ Association for review and to identify any potential discrepancies.

 

18.2.4  In the event of equal length of service, date of hire shall be determinative.  If a tie exists (two or more teachers having the same date of hire) the teacher with the earlier date on his/her signed acceptance of initial contract will have the greater length of service. If a tie still exists, the tie shall be broken by lot. 

 

18.2.5  In the event any full-time teacher voluntarily accepts assignment for any part-time position in the school system, he/she has the right, based upon length of service as defined in 18.2.2, to return to a full-time position effective at the beginning of the next school year upon his/her written notice to the Superintendent by May 1 prior to the start of the next school year.  In the event the teacher sends no such timely notice, it is understood that the teacher will be reassigned to the part-time position for the next school year.  The teacher retains the right to return to a full-time assignment in the ensuing year(s) based on the conditions as stated above.  Notwithstanding the provisions of 18.2.4 above, any teacher volunteering for any part-time position in the school system under the terms of this paragraph shall continue to accrue full seniority as though teaching full-time.

 

18.3  Any non-professional status teacher so affected by a reduction in staff shall be so notified no later than June 1^st  of the school year preceding the school year in which the reduction will take place.  Any teacher with professional status so affected by a reduction in staff shall be so notified no later than May 15th of the school year preceding the school year in which the reduction will take place.  Said notification shall include a written statement that the reason for dismissal is the reduction of the number of teaching positions.

 

18.4  If a teacher with professional status is dismissed as a result of a  layoff under the terms of this Article, said teacher shall have recall rights for a  period of one (1) year, measured from the first workday actually laid off (the Tuesday after Labor Day). Recall shall be in the reverse order of layoff for any vacancy in the bargaining unit for which the teacher is certified.  All rights that a teacher had on the last day worked shall be restored to the recalled teacher upon return to work (e.g. placement on salary schedule, sick leave accumulation).  A teacher on recall shall inform the Superintendent of current address, telephone number and any new certification; failure to notify the Superintendent of said information releases the School Committee of its responsibility to make said recall.

 

 

ARTICLE 19 - VOLUNTARY DEDUCTIONS

 

19.1  The Committee agrees to deduct from each teacher's salary dues for the Association as the teacher individually and voluntarily authorizes the Committee, in writing to make such deduction. The Committee will transfer monthly said money deducted to the Treasurer of the Association.  The teacher's authorization form shown below will be forwarded to the Committee no later than fourteen (14) days prior to the effective date of the first payroll from which the deduction is to be made.

 

 

 

 

 

 

 

                                     DUES DEDUCTION AUTHORIZATION FORM

 

To:  The Topsfield School Committee

 

I hereby authorize the Topsfield School Committee and the Treasurer of said municipality, to deduct from my salary each school year beginning with the fourth (4th) pay period of the school year, one-tenth (1/10th) of  the current dues of the Topsfield Teachers’ Association, the Massachusetts Teachers Association, and the National Education Association, notwithstanding any increases or decreases in such dues in future years.  I understand that the specific amount of the current dues of the Associations shall be certified to the Committee by my local Association Treasurer each school year.

 

The deductions shall be made in accordance with the Agreement between the Teachers’ Association and the Topsfield School Committee as it may be amended or received from time to time including any successor agreements, and in the absence of any such agreement such deductions shall be made pursuant to Massachusetts General Laws Chapter 180, S17, as most recently amended.

 

I understand that I must give at least sixty (60) days notice to the Committee to withdraw this authorization for a subsequent year.

 

 

 ______________________________                       _______________

 Signature                                                                      Date

 

 

 

 

 19.2 Payroll deductions will be made available to those teachers who wish to participate in the   following programs:

 

                        (a)  U.S. Savings Bond Program

                        (b) The Metropolitan Credit Union

 

 

ARTICLE 20 - TEACHER CASH FUND

 

The sum of one hundred fifty dollars ($150.00) for each fiscal year will be allowed each teacher to purchase at her/his discretion extra educational materials or to replace miscellaneous classroom equipment.  The teacher will be reimbursed for expenditures up to said amount upon presentation of appropriate receipt(s) showing article(s) purchased and the cost(s).  If there are funds remaining after April 1^st, teachers will be eligible to receive on a first-come-first-served basis reimbursement for additional funds expended for educational materials or to replace miscellaneous classroom equipment.

 

 

ARTICLE 21 - HEALTH INSURANCE

 

Health insurance plan design for 2011 – 2012 will remain the same as 2010-2011 at least until January, 2012. 

 

 

 

 

 

 

ARTICLE 22 – SICK LEAVE BANK

 

A.        The School Committee and the Association agree to establish a Sick Leave Bank for use by any eligible member of the bargaining unit who has achieved professional teacher status and who has exhausted his/her own sick leave and has an extended absence due to prolonged and/or serious illness or injury. 

 

B.         The Sick Leave Bank shall be funded by all members of the bargaining unit with professional teacher status by contributing one (1) day of her /his sick leave at the commencement of each school year until the sick day cap is met.  

 

C.         The Sick Leave Bank will be capped at 100 sick days.

 

D.        The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of three (3) representatives of the Topsfield Teachers' Association, the Superintendent, a member of the School Committee and a designee of the Superintendent.

 

E.         Any initial grant of sick leave days by the Sick Leave Bank Committee shall not exceed fifteen (15) days.  If need continues beyond fifteen (15) days for any other unit member who joined the Sick Leave Bank pursuant to Section B above, reapplication may be made for extensions of up to a maximum of fifteen (15) days in each instance, with the Sick Leave Bank Committee having sole authority to act on each request by a member of the Sick Leave Bank.  No member shall receive more than thirty (30) days from the Sick Leave Bank during one (1) school year, or no more than thirty (30) days for a single period of absence which extends into a second school year, provided that additional sick leave may be granted at the discretion of the Superintendent and School Committee.  A teacher suffering from a serious illness, who will eventually need all 30 days of sick leave bank coverage, may make one request for the entire 30 days.

 

F.         Subject to the provision of this Article, the Sick Leave Bank Committee shall utilize the following criteria in administering the Sick Leave Bank and in determining the amount of leave:

 

(1)        Teachers with professional teacher status and who start the school year in September with at least 30 days of personal accumulated sick leave.

 

(2)        Adequate medical evidence of prolonged and/or serious illness or injury.

 

(3)        History of prior utilization of sick leave.

 

(4)        After complete use of their personal sick leave, a teacher will be out for 3 days without pay prior to being granted any days through the SLBC.

 

(5)        Physician's statement certifying the disability, serious illness or serious accident (submitted with the application requesting bank days and any renewal thereof.)

 

G.        The decision of the Sick leave Bank Committee regarding any request for any sick leave days shall be final and binding and not subject to appeal except for reconsideration to the Sick Leave Bank Committee, and not subject to the grievance and arbitration provisions of this Agreement.

 

 

The Association and the Committee agree to establish a committee to investigate long term disability insurance.

 

 

ARTICLE 23 -  DURATION

 

This Agreement shall be in effect from September 1, 2010 until termination on August 31, 2013.  No later than the last day of November, 2012, the parties agree to commence bargaining concerning a successor agreement in accordance with the Provisions of Chapter 150E and any amendments thereto, provided that the Association shall notify the Committee of its desire to enter into negotiations no later than November 1, 2012.  If the Association submits proposals with such notice, the Committee agrees to submit counterproposal at the first meeting agreed upon by the parties.

 

The Committee and Association agree to reopen negotiations during the duration of this Agreement if any bargaining unit with the Town of Topsfield and/or non-represented employee(s) employed by the Town of Topsfield receives a percentage salary increase that exceeds the percentage increases contained within this Agreement during school years 2010-2011, 2011-2012, and 2012-2013.

 

 

 IN WITNESS WHEREOF, the parties of this Agreement have caused this Agreement to be executed by their agents, hereunto duly authorized.

 

TOPSFIELD TEACHERS’ ASSOCIATION                 TOPSFIELD SCHOOL COMMITTEE

 

 

 

By: ________________________________                          By: ______________________________

 

 

Date: _______________________                             Date: ___________________

 

 

 

APPENDIX A

TEACHERS’ SALARY SCHEDULE

 

2010-2011

 

2010-2011	0% increase
Step	B	B24	B33/M	M15	M30	M45/CAGS	M60
1	$37,441	$39,468	$40,653	$41,902	$43,152	$44,401	$45,651
2	$39,130	$41,158	$42,341	$43,590	$44,840	$46,089	$47,340
3	$40,990	$43,016	$44,200	$45,449	$46,699	$47,948	$49,198
4	$42,843	$44,872	$46,049	$47,298	$48,548	$49,797	$51,047
5	$44,705	$46,728	$47,906	$49,156	$50,406	$51,655	$52,905
6	$46,728	$48,755	$49,937	$51,186	$52,436	$53,685	$54,935
7	$48,755	$50,782	$51,965	$53,214	$54,464	$55,713	$56,963
8	$51,119	$53,144	$54,324	$55,573	$56,824	$58,073	$59,323
9	$53,481	$55,508	$56,691	$57,941	$59,191	$60,440	$61,690
10	$55,841	$57,870	$59,050	$60,299	$61,549	$62,798	$64,048
11	$58,383	$60,406	$61,590	$62,839	$64,089	$65,338	$66,588
12	$61,080	$63,105	$64,284	$65,533	$66,783	$68,032	$69,282
13			$68,729	$69,978	$71,228	$72,477	$73,728
14			$69,784	$71,033	$72,283	$73,533	$74,783

 

LONGEVITY:  Teachers who have served for more than ten (10) years of consecutive service in Topsfield will receive $1,300 above the normal placement on the above schedule, after fifteen (15) years of consecutive service in Topsfield $1,450 above the normal placement on the above schedule, after twenty (20) years of consecutive service in Topsfield $1,650 above the normal placement on the above schedule, after twenty-five  (25) years of consecutive service in Topsfield $2,000, above the normal placement on the above schedule,

 

* See paragraph (e) of Section 4.4 of Article 4.

** See paragraph (f) of Section 4.4 of Article 4.

 

2011-2012

 

2011-2012				1% increase
Step		B		B24			B33/M		M15		M30			M45/CAGS		M60	M75
1		$37,815		$39,862			$41,059		$42,321		$43,583			$44,845		$46,107	$47,107
2		$39,521		$41,569			$42,765		$44,026		$45,289			$46,550		$47,814	$48,814
3		$41,400		$43,446			$44,642		$45,904		$47,166			$48,428		$49,690	$50,690
4		$43,271		$45,321			$46,510		$47,771		$49,034			$50,295		$51,558	$52,558
5		$45,152		$47,196			$48,385		$49,647		$50,910			$52,171		$53,434	$54,434
6		$47,196		$49,243			$50,436		$51,698		$52,960			$54,222		$55,484	$56,484
7		$49,243		$51,290			$52,484		$53,746		$55,008			$56,270		$57,532	$58,532
8		$51,630		$53,676			$54,867		$56,129		$57,392			$58,654		$59,916	$60,916
9		$54,016		$56,063			$57,258		$58,520		$59,783			$61,044		$62,307	$63,307
10		$56,400		$58,449			$59,640		$60,902		$62,164			$63,426		$64,688	$65,688
11		$58,967		$61,010			$62,206		$63,467		$64,730			$65,991		$67,254	$68,254
12		$61,691		$63,737			$64,927		$66,188		$67,451			$68,712		$69,975	$70,975
13		$0		$0			$69,417		$70,678		$71,941			$73,202		$74,466	$75,466
14		$0		$0			$70,482		$71,743		$73,006			$74,268		$75,531	$76,531

 

LONGEVITY:  Teachers who have served for more than ten (10) years of consecutive service in Topsfield will receive $1,300 above the normal placement on the above schedule, after fifteen (15) years of consecutive service in Topsfield $1,450 above the normal placement on the above schedule, after twenty (20) years of consecutive service in Topsfield $1,650 above the normal placement on the above schedule, after twenty-five  (25) years of consecutive service in Topsfield $2,000, above the normal placement on the above schedule,

 

* See paragraph (e) of Section 4.4 of Article 4.

** See paragraph (f) of Section 4.4 of Article 4.

 

2012-2013

 

2012-2013		2% increase
Step	B	B24	B33/M	M15	M30	M45/CAGS	M60	M75
1	$38,572	$40,660	$41,880	$43,167	$44,455	$45,742	$47,029	$48,049
2	$40,311	$42,400	$43,620	$44,907	$46,195	$47,481	$48,770	$49,790
3	$42,228	$44,315	$45,535	$46,822	$48,110	$49,396	$50,684	$51,704
4	$44,137	$46,227	$47,440	$48,727	$50,014	$51,301	$52,589	$53,609
5	$46,055	$48,140	$49,353	$50,640	$51,928	$53,215	$54,503	$55,523
6	$48,140	$50,228	$51,445	$52,732	$54,019	$55,306	$56,594	$57,614
7	$50,228	$52,315	$53,534	$54,821	$56,108	$57,395	$58,683	$59,703
8	$52,662	$54,749	$55,964	$57,251	$58,540	$59,827	$61,114	$62,134
9	$55,096	$57,184	$58,403	$59,691	$60,978	$62,265	$63,553	$64,573
10	$57,528	$59,618	$60,833	$62,120	$63,408	$64,694	$65,982	$67,002
11	$60,146	$62,230	$63,450	$64,737	$66,024	$67,311	$68,599	$69,619
12	$62,924	$65,011	$66,225	$67,512	$68,800	$70,086	$71,374	$72,394
13	$0	$0	$70,805	$72,092	$73,380	$74,666	$75,955	$76,975
14	$0	$0	$71,892	$73,178	$74,466	$75,753	$77,042	$78,062

 

LONGEVITY:  Teachers who have served for more than ten (10) years of consecutive service in Topsfield will receive $1,300 above the normal placement on the above schedule, after fifteen (15) years of consecutive service in Topsfield $1,450 above the normal placement on the above schedule, after twenty (20) years of consecutive service in Topsfield $1,650 above the normal placement on the above schedule, after twenty-five  (25) years of consecutive service in Topsfield $2,000, above the normal placement on the above schedule,

 

* See paragraph (e) of Section 4.4 of Article 4.

** See paragraph (f) of Section 4.4 of Article 4.

 

                                                                        APPENDIX B

 

                                                        TOPSFIELD PUBLIC SCHOOLS

 

                                                                     TOPSFIELD, MA

 

COMPELLING PERSONAL DAY REQUEST FORM

 

Article 9, Section 9.1.4

 

It is recognized that occasions of compelling personal cause may arise of such nature that the teacher may not wish to put them in writing.  By such compelling personal cause is meant the involvement of the teacher or a member of her/his immediate family in problems of an urgent health nature or required contacts with such agencies as schools, courts, and hospitals.

 

A teacher may receive two such days per year of leave with no explanation necessary for which there will be no deduction.

 

In such cases, a teacher is required to complete the following form to serve as a record:

 

 

 

 

 

 

 

 

 -----------------------------------------------------------------------------------------------------------

 

 

TO: Superintendent

 

 I wish to have my day of absence on _________________recorded as the day of compelling personal leave without written explanation, consistent with the provisions of Article 9, Section 9.1.4. of the Collective Bargaining Agreement.

 

 

 Date _______________________    Signature_______________________________