Ware

Show detailed information about district and contract

DistrictWare
Shared Contract District
Org Code3090000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2018
Expired StatusCurrent
Superintendency UnionWare
Regional HS MembersWare
Vocational HS MembersPATHFINDER
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityrural economic centers
Number of Schools3
Enrollment1269
Percent Low Income Students44
Grade StartPK
Grade End12
download pdf version of this document view accessible version of this document Ware

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Contract is made this 1st day of July, 2015 by the School Committee of the Town of Ware (hereinafter referred to as the Committee) and the Ware Teachers Association (hereinafter referred to as the Association).

Article I

RECOGNITION

For the purpose of collective bargaining in accordance with Chapter 150E (with respect to wages, hours, standards of productivity and performance, and any other terms and conditions of employment), the negotiation of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Ware Teachers Association as the exclusive bargaining agent and representative of all teachers, guidance counselors, school adjustment counselors, speech therapists, school psychologists, library media specialists and registered nurses employed by the Ware School Committee, but excluding all other employees of the Ware School Committee.

Only those provisions of the Agreement which expressly reference "nurses" or "employees" shall apply to Nurses.

 

Article II

PREAMBLE

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

1.         Under the laws of Massachusetts, the Committee, elected by the citizens of Ware, has final responsibility for establishing the education policies of the public schools of Ware;

2.         The Superintendent of Schools of Ware (hereinafter referred to as the Superintendent) has responsibility for implementing the policies so established;

3.         All members of the bargaining unit have the responsibility for following the educational policies of

 

 

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the Committee and providing in the classrooms of the schools, education of the highest possible quality.

4.         Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Superintendent, and the teaching staff in the formu­lation and application of policies in accordance with Chapter 150E, and so;

5.         To give effect to these declarations, the following principles and procedures are hereby adopted.

Article III

GRIEVANCE PROCEDURE

Section 1 - Definition of a Grievance

A grievance is defined as a claim of an alleged violation involving the meaning, interpretation, or application of this contract. Any matter which is not specifically covered by the provisions of this Agreement shall not be the subject of a grievance.

A grievance shall be in written form containing the name(s) of the aggrieved employee(s), the facts underlying the grievance, the contract provision(s) allegedly violated and the remedy requested.

Section 2 - Time Limits

A.        All time limits set forth below shall be considered maximum and shall include all calendar days.

B.        Failure to file a timely grievance within the time period set forth below shall constitute a waiver of the grievance. Failure at any level of the grievance procedure to appeal within the specified time limits shall be considered acceptance by the Association and the employee(s) of the decision rendered.

C.        Failure at any level of the grievance procedure to process the grievance by the Employer within the specified time limits, shall permit the employee and the Association to proceed to the next level.

 

 

 

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D.        The time limits in this Article may be extended only by mutual written agreement between the Committee or its designee and the Association.

Section 3 - Grievance Levels

The parties may mutually agree as to the appropriate level at which a grievance may be initiated.

Level One - An employee may present a grievance in writing on a form mutually agreed to by the Committee and the Association, to his/her principal either directly or through the Association within thirty (30) calendar days of the date of the occurrence giving rise to the grievance or the date any employee affected by the occurrence reasonably should have known of it, whichever is later. Within ten (10) calendar days of receipt of the grievance, the principal shall respond in writing to the grievance.

Level Two - In the event the grievance is not resolved at level one, the employee(s) and/or the Association may, within ten (10) calendar days of the receipt of the principal's answer at level one, submit the written grievance to the Superintendent of Schools. The Superintendent shall schedule a meeting on the grievance with the employee(s) and/or the Association's representative within ten (10) calendar days of receipt of the grievance. Within ten (10) calendar days after the meeting, the Superintendent shall submit a written answer to the grievance.

Level Three - In the event the grievance is not resolved at level two, the employee(s) and/or the Association may, within ten (10) calendar days of receipt of the Superintendent's answer at level two, submit the written grievance to the Committee. The Committee shall schedule a meeting on the grievance with the employee(s) and/or the Association's representative within ten (10) calendar days of receipt of the grievance. Within ten (10) calendar days after the meeting, the Committee or its designee shall submit a written answer to the grievance.

Level Four - In the event the grievance is not resolved at level three, the Association may submit the grievance to final and binding arbitration by filing a demand for arbitration with the American Arbitration Association within thirty (30) calendar days after receipt of the Committee's answer at level three.

The parties agree to follow the procedures of the American Arbitration Association for the selection of the arbitrator, and the conduct of the arbitration hearing.

 

 

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The jurisdiction of the arbitrator shall be limited to the interpretation and application of the terms of the Agreement. The arbitrator shall have no authority to alter, modify or amend this Agreement nor shall the arbitrator substitute his/her judgment for that of the Employer on any matter within the Employer's discretion. The arbitrator shall issue a written decision and simultaneously send his/her decision to the parties within thirty (30) calendar days after the hearing or receiving briefs (if any) whichever is later. The decision of the arbitrator, within the scope of his/her jurisdiction, shall be final and binding on the Committee, the Association, and the employee(s) provided such decision does not impair, infringe or derogate from the exclusive power and duties given to the Committee under the law.

The fees of the arbitrator shall be shared equally by the parties provided that the obligation of the Committee to pay anything other than its own expenses shall be limited to the obligation which the Committee can legally undertake in that connection. A party requesting an extension of time, a cancellation, a withdrawal or a postponement shall pay the entire fee, if any, associated with such a request. In no event shall any present or future member of the Committee have any personal obligation for any payment under any provisions of this Agreement.

Section 4 - Direct Presentation of Grievances

Any employee covered by this Contract may present any grievance directly to his/her employer [by following the steps enumerated in Section 3 (levels one through three) above] and have such grievance heard without intervention by the Association provided the disposition, if any, of the grievance shall be consistent with the provisions of this contract; and if the Association so desires, it shall be permitted to be present at each level of the procedure under which a grievance shall be considered and state the views of the Association.

No employee shall have the right to file for arbitration of any matter. The Association and the Committee retain the exclusive right to proceed to arbitration.

Section 5 - Committee Grievances

If the Committee has a grievance against the Association on the basis that the Association is not abiding by the terms of this Agreement, the Committee may file a grievance by following the procedure set forth in section three of this Article. The

 

 

 

 

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grievance shall be presented at the first level to the local Association President. At level two, the grievance shall be presented to the Professional Rights and Responsibilities Committee or its designee. At level three, the grievance shall be presented to the WTA Executive Board. Thereafter, the Committee may demand arbitration pursuant to the provisions of Section 3 of this Article.

Section 6

No written communication, other document, or record relating to the processing of a grievance shall be filed in the personnel file maintained by the School Department of Ware for any employee involved in presenting such grievance.

Article IV

JUST CAUSE

No employee shall be reprimanded either orally or in writing, dis­ciplined or demoted except for just cause. However, demotion or removal of Department Heads will be governed exclusively by Article XX.

A teacher with professional status shall not be dismissed except for inefficiency, incompetency, incapacity, conduct unbecoming a teacher, insubordination, or failure on the part of the teacher to      satisfy teacher performance standards or other just cause. In determining whether the district has proven grounds for dismissal, the arbitrator shall consider the best interests of the pupils in the district and the need for elevation of performance standards. Except as provided in M.G.L. c. 71, § 42, teachers without profes­sional status shall be deemed employees at will.

Article V

HOURS OF WORK

A.        All full-time employees in the elementary and middle school must report to school at least fifteen (15) minutes prior to the first bell and remain a minimum of fifteen (15) minutes after the last bell. All full time employees at the high school must report to school at least ten (10) minutes prior to the student reporting time and remain a minimum of ten (10) minutes after student dismissal.

 

 

 

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At the high school, part time employees will report ten (10) minutes before their first duty and remain at least ten (10) minutes after their last scheduled duty; at the middle and elementary schools, part time employees will report fifteen (15) minutes before and remain at least fifteen (15) minutes after their last scheduled duties.

Teachers will have their pay deducted if they do not report to work as scheduled, in accordance with the current process.

B.        It is recognized that in order to fulfill their professional responsibilities, it may be necessary for personnel covered by this Contract to stay beyond the normal working day performing such duties as giving make-up work, providing disciplinary measures, meeting with parents, meeting with professional col-leagues to discuss students, and other good reasons. Each employee covered by this Agreement shall work one (1) hour per week performing such duties.

It is recognized that in order to fulfill their professional responsibilities, it may be necessary for nursing personnel covered by this Contract to stay beyond the normal working day performing such duties as rendering necessary medical care, completing student medical/health records, completing reports, attending staff meetings, attending meetings with parents, meeting with professional colleagues to discuss students, and for other good reasons.

In addition, all staff covered by this Agreement may be required to attend mandatory IEP Team Meetings 504 meetings, Student Assistance Team Meetings, and Crisis Team Meetings. All staff who participate in such meetings outside the scheduled workday will be compensated for a minimum of one (1) hour, at the rate of thirty-two ($32) per hour effective July 1, 2014 and thirty-three ($33) per hour effective July 1, 2016, with additional time pro-rated at one-quarter (1/4) hour intervals.

C.        The Superintendent may extend an employee's work year if out­standing reports, marks, and other normal end of year duties are not completed satisfactorily.

D.        Recognizing that a teacher's primary function is to teach, the normal work day for all regular, full-time teachers shall be a minimum of six and three quarter (6.75) hours, which shall

 

 

 

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include the time specified in Article V, Section A. Each regular, full-time employee, excluding Guidance Counselors, Library Media Specialist, School Psychologists, and Nurses, shall have the equivalent of a continuous forty (40) minute preparation period per day, plus sixty (60) minutes of additional preparation time per week. In addition, each teacher shall have a duty-free lunch period of twenty-two (22) minutes. The Library Media Specialist shall have two (2) fifteen (15) minute breaks, one in the first half of the day and one in the second half of the day.

The Lead/Charge Nurse shall work at least seven and one half (7.5) hours per work day as assigned, excluding a thirty (30) minute lunch period. The other Nurses shall work at least six and three quarter (6.75) hours per day as assigned, excluding a thirty (30) minute lunch period. Nurses will work an additional two (2) days each school year, these days will be scheduled immediately prior to the beginning of the school year. They shall be compensated at their per diem rate of pay.

Teachers will collect money as they presently do and teachers who exercise due care in handling of such monies shall not be held responsible for loss of such monies.

E.         Release time, excepting elementary recesses and lunch period at all schools, shall be used constructively for educational purposes. (Examples of educational purposes are: planning of lessons, preparation of audiovisual aids, correcting tests, etc.). The aforementioned examples are not meant to restrict the creative professional teacher from utilizing this time wisely in any manner which will improve the quality of his/her performance or program and, thereby, hopefully improve service to children. Teachers will not use release time to perform duties related to extra-duty assignments for which they receive additional compensation.

F.         The administration will hold no more than two (2) teachers' meetings per month except in the case of emergencies which will be determined by the Superintendent of Schools. School nurses shall be required to attend staff meetings as directed by each Building Principal.

G.        The administration shall make a reasonable effort to provide coverage for extra duty assignments in the absence of a sub­stitute for a clinical teacher. A reasonable effort will be

 

 

 

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made by the Committee to provide a substitute in the event of an absence of a nurse.

Reasonable effort will be made to provide substitutes in the absence of professional staff.

H.        No teacher shall be required to perform substitute duty during preparation periods; however, a teacher may volunteer for such duty.

Article VI

ADDITIONAL DUTIES

A.        The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energies should be utilized to this end. The Committee and the Asso­ciation acknowledge that a school nurse's primary responsibil­ity is to provide school nursing services and that his/her energies should be utilized to this end.

B.        Additional duties shall be assigned on a rotating basis, as equitably as possible, among all members of the bargaining unit. Every effort will be made to hold the assignment of additional duties to teachers to a minimum.

C.        Additional duties as referred to in this contract shall in­clude, but not be limited to: bus duty, recess, playground, cafeteria, corridor duty, bathroom duties and other non-teach­ing duties as assigned by the Principal or his/her designee.

D.        All employees will be given a duty free lunch period.

E.         In case of emergency during the time before and/or after school as well as at lunch and recess time, employees may be assigned where needed; such as, bathroom, corridor, and other areas as long as opening and closing times remain the same and there is no endangerment of personnel.

 

 

 

 

 

 

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Article VII

REDUCTIONS IN STAFF

This Article only applies to teachers with professional teachers status. In the event it becomes necessary to reduce the number of employees included in the bargaining unit defined in Article I, "RECOGNITION", the Committee will take into consideration length of service, ability, certification and qualifications; and when all factors that constitute ability, certification and qualifications are relatively equal, length of continuous service shall prevail. In cases involving employees who have identical seniority, preference for retention or recall shall be given to the employee who has achieved the highest level of training. No teacher with professional status shall be laid off pursuant to a reduction in force or reorganization if there is a teacher without such status for whose position the covered employee is currently certified. No teacher with professional status shall be displaced by a more senior teacher with professional status unless the more senior teacher is currently qualified pursuant to M.G.L. c. 71, § 38G for the junior teacher's position.

"Seniority" means an employee's continuous length of service in years, months and days in the bargaining unit. Employees shall be credited for seniority purposes with all time spent on any leave of absence provided for under Article X of this Agreement. Teachers shall be notified in writing on or before June 15 whenever such person is not to be employed for the following school year due to a reduction in force or reorganization.

Employees who have been laid-off shall be entitled to recall rights for a period of time equal to the length of continuous service on the effective date of their respective layoffs, but under no cir­cumstances more than two (2) years.

The recall period shall commence on the first calendar day after the last day which the employee worked during the school year.

During the recall period, employees shall be notified by certified mail to their last address of record, and will have fifteen (15) calendar days to accept or reject such position by certified mail and will be given preference for positions as they develop in inverse order of their respective layoff and all benefits to which an employee was entitled at the time of layoff shall be restored in full upon re-employment within the recall period. During the recall period teachers who have been laid-off shall be given every consideration for substitute work if they so desire.

 

 

 

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On October 1st of each year, the administration shall provide the Association with current seniority lists for both teachers and registered nurses. If the Association believes the seniority lists to be inaccurate in any respect, it can challenge the seniority lists through the grievance procedure outlined in Article III.

Article VIII

A.        VACANCIES, PROMOTIONS, ASSIGNMENTS

A. VACANCIES AND PROMOTIONS

1.         All vacancies in full-time and promotional positions shall be posted in the office and teachers' lounge(s) of each school; such notices shall include the qualifications for the position and, so far as has been established, the salary and a description of the duties of the position.

During school vacation periods, including summer vacation, notice of such vacancies will be posted on the District's website.

2.         Such notice shall be posted as far in advance as practicable, ordinarily at least fifteen (15) days before the final date when applications must be submitted and in no event less than five (5) school days before such date.

3.         Employees who desire to apply for such vacancies shall submit their applications in writing to the Superintendent in accordance with the conditions specified.

4.         The primary factor in filling such vacancies shall be the best interests of the school system with due weight given to the qualifications, abilities, certification, professional background, quality of experience, attainments, length of service with Ware Public Schools, and other relevant factors.

5.         For purposes of notification, guidance counselors shall be considered a promotional position.

 

 

 

 

 

 

 

 

 

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B.        ASSIGNMENTS

Should a teacher wish to be considered for transfer to any grade, subject, or area other than the grade, subject, or area he/she is currently assigned, he/she will so notify the Superintendent in writing, and if other factors are substantially equal shall be given preference. Should a nurse wish to be considered for transfer to any school other than the school to which he/she is assigned, the nurse shall notify the Superintendent in writing, and if other factors are substantially equal, shall be given preference. The decision of the administration, under this Section, shall be final and binding and not subject to either the grievance or arbitration procedure, unless the above action is taken in an arbitrary or capricious manner.

C.        TRANSFERS

Upon request, a teacher, who has applied for and been denied a transfer or is the subject of an involuntary transfer or change of assignment, will be granted a meeting with the administrator(s) who made the decision, in order to discuss the reason for said action. Said meeting will be held within five (5) working days of the request.

D.        Every effort will be made to notify teachers of their anticipated teaching assignments, including schedules and class lists, prior to the last day of the school year.

Article IX

WORK YEAR

A.        The employee work year shall consist of the following:

1.         One hundred eighty (180) pupil days with the last day to be a half day provided time on learning requirements are met;

2.         Two (2) days prior to the first pupil day;

3.         One (1) curriculum/professional day during the school year as scheduled by the Superintendent or his/her designee; and

 

 

 

 

 

 

 

 

 

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4.         Four (4) curriculum/professional half days during the school year as scheduled by the Superintendent or his/her designee.

B.        Posting of Starting and Dismissal Times - The official starting and dismissal time will be posted on the bulletin board of each school and the main office of each building.

C.        Early Release Days - The parties agree that three (3) early release days will be scheduled each school year. On early release days, teachers will be free to leave the high school ten (10) minutes and the middle and elementary school fifteen (15) minutes following the dismissal of students.

D.        After School/Evening Meetings - One (1) early release day will be scheduled to accommodate an evening open house of approximately two (2) hours duration. Teachers will be required to attend this open house. In consideration of early release on the other two (2) early release days, teachers will choose two (2) late

afternoon/evening/Saturday activities from a menu of activities approved annually by the Superintendent, and each Building Principal. Teachers will receive an approved list of possible activities for each building, and the number of teachers sought for each activity, no later than October 1 of each school year. Examples of such activities will include a second open house, PTO meetings (two meetings will equal one obligation), sports banquets, high school graduation, national honor society, senior banquet, junior/senior prom, book fair, concert, gym night, Title 1 night, Math night, School Council, and elementary and middle school parent conferences. Teacher preferences will be honored to the extent possible.

E.         Early Release - On Fridays and days prior to scheduled vacations, teachers will be permitted to leave school immediately after the students are dismissed and the buses have left school grounds. Nurses will also be permitted to such early release unless there is a medical situation which requires their presence.

F.         Summer School - If a teacher's attendance at summer school is scheduled prior to the end of the teacher's work year, he/she may be released at the discretion of the Superintendent in order to begin such attendance. For days granted for such

 

 

 

 

 

 

 

 

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purposes, the teacher will be paid the difference between his/her pay and that of a substitute.

G.        Authorized Curriculum Development Group Work - Teachers, who volunteer to write and revise curriculum and who perform such work outside their regular work day or work year as authorized in advance by Administration, will be paid at the rate of thirty-two dollars ($32) per hour effective July 1, 2014, and thirty-three dollars ($33) per hour effective July 1, 2016 subject to a maximum hours limit per project which may be established by the Administration. The Administration shall record the hours each participant spends on such work and such work shall be paid in accordance with the payroll schedule. No compensation, beyond normal salary, shall be paid for curriculum development work performed during a teacher's work day. Teachers must produce and submit acceptable work product as a condition precedent to any payment.

H.        Guidance Counselors - High School Guidance Counselors shall work up to ten (10) days beyond the teacher work year at the discretion of the Administration. They shall be compensated at their per-diem rate of pay. The ten (10) additional days shall occur before and after the school year.

I.          Authorized Tutoring - Teachers who volunteer and are assigned to tutor students outside the regular work day or work year as authorized in advance by the Administration shall be paid thirty-two dollars ($32) per hour effective July 1, 2014 and thirty-three dollars ($33) per hour effective July 1, 2016. Teachers shall record tutoring hours on a daily basis to be submitted weekly and to be paid in accordance with the payroll schedule.

J.          A teacher appointed by the Association President will be included in the discussion over the development of the school calendar with the Superintendent.

Article X

LEAVES OF ABSENCE

A.        SICK LEAVE

All regular employees will earn up to fifteen (15) sick days per full year of actual work. Sick leave shall be cumulative up to a maximum of one hundred eighty (180) days. The

 

 

 

 

 

 

 

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Committee reserves the right to make exceptions in cases of unusual merit.

Sick leave shall only be used when an employee is medically too ill to perform his/her duties due to a bona fide non-occupational injury or illness or when the employee is needed to care for a spouse, significant other, child, or parent with a serious health condition pursuant to the FAMILY MEDICAL LEAVE ACT. Employees will be required to submit medical documentation when out on sick leave over three (3) consecutive working days.

Employees will be granted up to ten (10) days per year in the event of serious illness requiring bedside or household attention to the employee's spouse or child. These days are to be taken from personal sick leave days and will not be cumulative for this purpose, [ten (10) days per year, non-cumulative].

Employees who abuse sick leave shall be subject to disciplinary action up to and including discharge.

B.        WORKER'S COMPENSATION

Employees who are disabled from work due to a personal injury (caused by an accident or assault) arising out of and in the course of the employee's legal and proper performance of duty shall receive the difference between the employee's full salary and payments received under Chapter 152 of the Massachusetts General laws without the loss of sick leave days.

Employees shall not continue to accrue benefits other than seniority while absent from work due to a work related illness or injury.

C.        FAMILY MEDICAL LEAVE ACT

An employee, who has worked for the Ware School District for at least twelve (12) months and who has performed at least one thousand, two hundred fifty (1250) hours of work during the year preceding the commencement of the leave, may be eligible for up to twelve (12) weeks of leave during a twelve (12) month period pursuant to the Family Medical Leave Act for the following purposes:

 

 

 

 

 

 

 

 

 

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-           birth of the employee's child;

-           placement of a child with the employee for adoption or foster care;

-           when the employee is needed to care for the employee's parent, spouse, significant other, or child with a serious health condition; or

-           when the employee has a serious health condition which renders the employee unable to perform the essential duties of the employee's job.

This leave shall be without pay except that employees must use all accrued personal time and all sick time, to the extent permissible under Section A of this Article, during the leave.

Employees shall submit all requests for leave on an approved form with accompanying medical documentation on an approved form as far in advance of the leave as possible and not less than thirty (30) days before the first day of leave requested when such leave is foreseeable.

The special rules affect the taking of intermittent leave or leave on a reduced leave schedule, or leave near the end of an academic term (semester), by "instructional employees." Those rules are specified in the Department of Labor's final regulations under the FMLA. 29 C.F.R. § 825.600 et seq.

The twelve (12) month period for calculating leave will be a twelve (12) month rolling period computed backwards to the date leave is used.

The Town shall continue to pay its portion of the employee's group health premium during the approved leave period unless the employee declines such coverage, fails to pay the employee's portion of the premium in a timely fashion, or notifies the employer that he/she will not return from leave.

Leave of absence and medical certification forms are available from the Central Office of the School Department.

D.        PERSONAL LEAVE

Employees will be authorized the following temporary leaves of absence with pay each school year:

1.         Two (2) days Leave of Absence for personal business matters that cannot be taken care of other than during school hours provided that, except in emergency

 

 

 

 

 

 

 

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situations, forty-eight (48) hours advance notice be given to the Superintendent. One unused personal day may be carried over to the succeeding school year, to a maximum of three (3) days.

2.         Except in emergency situations, the first or last working day of the week as well as the work day preceding or following school vacations or a vacation day shall be granted at the discretion of the Superintendent. The Superintendent will not withhold such leave unless there are an excessively high number of employees applying for these days.

E.         RELIGIOUS LEAVE

An employee may, upon written request and with the advance approval of the Superintendent or his/her designee, be granted, as a reasonable accommodation to members of any religious denomination, paid religious leave. The leave may be granted provided that the religious beliefs or the employee's denomination hold that the day is to be a day of rest or that attendance at religious services is required during working hours on that day.

The leave request must be submitted in writing to the Superintendent with a copy to the building principal as far in advance as possible, but not less than fourteen (14) calendar days prior to the start of the requested leave. The Superintendent shall respond to religious leave requests within seven (7) calendar days of receipt of the request form.

F.         FUNERAL LEAVE

Employees will receive up to five (5) days with pay at any one time in the event of death of an employee's spouse, child, parent, brother, or sister. Employees will receive up to three (3) days with pay for death of mother-in-law or father-in-law, grandmother or grandfather; one (1) day with pay for death of brother-in-law or sister-in-law. Employees will be allowed one (1) day with pay per school year to attend the funeral of a person not listed in this section.

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

 

 

 

 

 

 

 

 

 

 

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This provision shall in no way preclude the Superintendent from granting additional temporary leaves with pay.

G.        PROFESSIONAL LEAVE

Employees may apply for one (1) professional day per year for educational activities approved by the building principal. Employees shall submit professional day requests in writing to the building principal with a copy to the Superintendent at least fourteen (14) calendar days in advance. The building principal shall respond to such requests within seven (7) calendar days of receipt of the request form.

Upon completion of the educational activity, the employee shall submit documentation establishing that the employee successfully completed the course or program.

The Superintendent may authorize additional professional days at his/her discretion.

H.        MATERNITY LEAVE

Pursuant to M.G.L. c. 149, § 105D, a female employee who has been employed full-time by the Committee for at least three (3) consecutive months and who is absent from such employment for a period not exceeding eight (8) weeks for the purpose of giving birth or for adopting a child under the age of eighteen (18) or for adopting a child under the age of twenty-three (23) if the child is mentally or physically disabled, said period to be hereinafter called maternity leave, and who shall give at least two (2) weeks written notice to the Superintendent with a copy to the building principal of her anticipated date of departure and intention to return, shall be restored to her previous, or a similar position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. Maternity leave shall normally be without pay, however, an employee on maternity leave who is disabled and who presents proper medical certification that she is disabled shall be entitled to use accrued sick leave.

The Committee shall not be required to restore an employee on maternity leave to her previous or a similar position if other employees of equal length of service credit and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of such maternity leave.

 

 

 

 

 

 

 

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Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, however, such benefits shall not accrue during the period of maternity leave; and provided, further, that the Employer need not provide for the cost of any benefits, plans, or programs during the period of maternity leave unless such Employer so provides for all employees on a leave of absence.

Leave used under this Section shall be counted towards an employee's twelve (12) week leave period under Section C of this Article.

I.          SABBATICAL LEAVE

Upon recommendation of the Superintendent, one (1) sabbatical leave may be granted for study or travel (for purposes, which in the opinion of the Committee, will benefit the system) to a member of the staff subject only to the following conditions:

1.         Requests for sabbatical leave for a FULL YEAR will be submitted in writing to the Superintendent on or before February 15, and action must be taken on all such requests no later than April 1 of the school year preceding the school year for which the sabbatical leave is requested. Requests for sabbatical leave for a HALF YEAR will be submitted in writing by February 15, for the fall semester, to be acted on by April 1 or June 15, for the spring semester, to be acted on by August 1 of the school year preceding.

The teacher must submit a detailed plan of how the sabbatical will be used, courses involved, etc., and how it will benefit the Ware School System and our students.

2.         The Teacher has completed seven (7) years of service in the Ware School system.

3.         Upon his/her return to the Ware School System, the teacher will be placed on the salary schedule one step above the step the teacher was on during the school year preceding the sabbatical leave.

4.         The teacher will agree to return to the employment in the Ware School System for one (1) full year in the event of

 

 

 

 

 

 

 

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a semester's leave or two (2) full years in the event of a year's leave.

5.         All benefits to which a teacher was entitled at the time of his/her leave shall be continued as if he/she were actively on duty and upon his/her return will be assigned to the same teaching position he/she held prior to the leave whenever possible. The teacher will be entitled to one-half (½) pay and insurance payments will be as per Article XIV - "INSURANCE".

J.          CATASTROPHIC LEAVE BANK

Upon the execution of this contract, the School District shall establish a catastrophic leave bank. The purpose of the bank is to provide a limited extension of sick leave up to a maximum of thirty (30) working days for a regular, full-time employee who suffers a bona fide catastrophic illness as determined by the Superintendent.

Newly hired employees in the District shall contribute one (1) sick day to the sick leave bank upon commencement of their second year of employment in the District. An employee may, at his/her own discretion, contribute up to three (3) additional days of accrued sick leave per year to the catastrophic leave bank. The maximum number of work days accumulating in the catastrophic leave bank shall not exceed three (3) times the number of regular, full-time bargaining unit employees.

Any unused days remaining in the catastrophic leave bank at the end of a school year shall remain in the bank and shall accumulate from year to year within the limit established in the third paragraph of this Article [three (3) times the number of regular, full-time bargaining unit employees].

Should the number of days in the catastrophic leave bank reach the level of thirty (30) days or less, then each regular, full-time bargaining unit employee shall be assessed one (1) day of accrued sick leave as of the first day of the next calendar month. In the event that an employee has no accrued sick days at the time of the assessment, that employee shall be assessed the amount of days owing on the following September 1.

The Superintendent or his/her designee shall administer the program and determine eligibility. Employees claiming or

 

 

 

 

 

 

 

 

19


 

receiving worker's compensation are not eligible for catastrophic leave under this Article. Before applying for benefits from the bank, employees must exhaust their own accrued sick leave and must have been absent from work due to the catastrophic illness for a period of at least twenty-five (25) consecutive working days.

No more than three (3) employees shall be eligible for leave from the Catastrophic Leave Bank within a school year. Any regular, full-time employees desiring to be considered for catastrophic leave benefits must file a written application on a form available from the Central Office along with such supporting medical documentation as the Superintendent may require. If an employee is granted catastrophic leave benefits, the employee shall provide updated medical reports as required by the Superintendent.

K.        SPECIAL LEAVE

Nothing in Article X shall preclude the Committee or its designee from granting, in its sole discretion, a special leave of absence with or without pay in emergency situations or in cases of extreme personal hardship.

Article XI

DRUG FREE WORKPLACE POLICY

A.        The School Committee hereby notifies employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Ware Public Schools. Violation of such prohibition can lead to dismissal.

B.        An ongoing drug-free awareness program is established to inform employees about:

●    The dangers of drug abuse in the workplace;

●    The Ware Public School's policy of maintaining a drug-free workplace;

●    Any available drug counseling, rehabilitation and employee assistance programs; and

●    The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.

 

C.        As a condition of continuing employment, employees will:

●    Abide by the terms of this policy; and

 

 

 

 

 

 

 

 

 

 

 

20


 

●    Notify the Ware Public Schools in writing of any criminal drug statute conviction no later than five (5) calendar days after such conviction.

D.        The School District will notify the agency granting funds to the School District, in writing, within ten (l0) calendar days after receiving notice under sub-paragraph C from an employee employed on said grant or otherwise receiving actual notice of such conviction.

E.         The School District will take one of the following actions, within thirty (30) calendar days of receiving notice under sub-paragraph(3), with respect to any employee who is convicted:

●    Taking appropriate personnel action against such an employee, up to and including termination; or

●    Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by the federal, state or local health, law enforcement or other appropriate agency.

F.         Each employee will be given a copy of this policy annually.

Article XII

PROFESSIONAL GROWTH

The following shall be subject to such qualifications, credits and/or otherwise as the Committee shall require in accordance with this Contract.

A.        The School Committee, upon evidence of successful completion of graduate courses, shall reimburse teachers and nurses for the actual cost of tuition and fees, to a maximum of two hundred ($200) dollars per earned graduate credit. To qualify for reimbursement each teacher must submit a request for approval to the Superintendent including the cost of the course. Such courses must in the judgment of the Superintendent meet the needs of the system, and courses must be approved in advance by the Superintendent of Schools. Payment under this section shall be limited to $25,000 per year.

At the end of each fiscal year, each teacher who has submitted evidence of successful completion of a course or courses, along with evidence of actual payment made, will receive reimbursement for actual expenditures for tuition and fees

 

 

 

 

 

 

 

 

21


 

under this article. If the total amount sought exceeds the $25,000 cap, each teacher will receive his/her pro rata share for (1) course completed during that fiscal year. If funds remain after each applicant has been reimbursed for one course, pro rate reimbursement may be made for a second course, and so on until funds for the year have been exhausted. Reimbursement will be made for the current year only.

B.        Any course used for movement on the salary schedule must be approved in advance by the Superintendent. Effective September 1, 2000, a Master's Degree must be earned from a college or university before any courses can be taken or credits earned for salary schedule credits beyond the Master's Degree.

C.        If a teacher gains college credit after having signed this contract, prior to teaching experience within the system, he or she will be given credit for the credits earned providing the courses were taken during the semester immediately preceding the date when employment begins.

D.        When an employee reaches an advanced degree or level, the employee will receive the differential provided by the appropriate salary schedule. It will be the responsibility of the individual employee to see that his/her personnel file is kept up to date. In order to obtain horizontal movement on a salary schedule, an employee must have documentation that the requisite credit(s) have been earned on record in the Central Office by September 1 to be eligible for the full salary column increase (horizontal advancement on the salary schedule) and by January 1 for a pro-rated salary column increase.

Credit for salary purposes will not be given unless legible, certified evidence of earned credits is on file.

E.         The Committee agrees to offer a minimum of one (1) teacher in-service workshop or extension course annually. Such commitment would not necessarily entail payment of tuition of participants. Such activity may be designed to provide partial or complete satisfaction of the requirement listed in Article XII, Section A, Paragraph 1 above as approved by the Superintendent. The nature and type of workshops and/or courses shall be planned by the Professional Development Advisory Committee with equal representation from each school building. These plans will be submitted in advance to the Superintendent and the Ware

 

 

 

 

 

 

 

 

 

22


 

Teachers' Association President or designee. Enrollment in said workshops and/or extension courses shall be voluntary.

F.         Each nurse will be entitled to the sum of one hundred and fifty dollars ($150) to be used for continuing education and professional development. Nurses will also be entitled to an annual uniform allowance in the amount of one hundred and fifty dollars ($150).

G.        It is the responsibility of the employee to keep his/her personnel file up to date for all reasons to include professional growth.

Article XII-A

PROFESSIONAL DEVELOPMENT ADVISORY COMMITTEE

Effective with the ratification of this Agreement, the Parties agree to establish a Professional Development Advisory Committee for making recommendations with regard to professional development for bargaining unit members. The Committee will consist of representatives from the Elementary School, the Middle School and the High School and of non-classroom-based specialists selected by the Association and representatives of the Administration and/or School Committee. The Professional Development Advisory Committee will evaluate and make recommendations to the Superintendent regarding professional development issues. Administration may authorize release time for Advisory Committee members as it deems appropriate.

Article XIII

DEDUCTIONS, AGENCY FEE & DIRECT DEPOSIT

DEDUCTIONS:

The Committee agrees to deduct over a ten (10) month period, twice monthly, dues for membership in W.T.A., N.E.A., M.T.A. if requested and in accordance with Chapter 180, Section 17C of the General Laws as amended from time to time. Also, twice monthly (ten [10] month year) deductions for M.T.A. Credit Union and Tax-Sheltered Annuity if requested. In addition, Life Insurance, Blue Cross/Blue Shield, and the town offered disability insurance plan to be deducted once per month (ten [10] month year). The deduction of contributions to earlier town offered disability insurance companies would continue.

 

 

 

 

 

 

 

 

 

 

 

23


 

Deductions for the W.T.A., M.T.A., and N.E.A. dues will be forwarded to the W.T.A. Treasurer who shall be bonded.

AGENCY FEE:

The Ware School Committee will respect the position of the Ware Teachers Association/MTA/NEA as the sole and exclusive bargaining agent of all bargaining unit employees on matters of wages, hours, and terms and conditions of employment. The parties therefore agree that:

A.        Effective during the period commencing September 1, 1989 or thirty (30) days following the commencement of employment, whichever comes later, each employee who does not elect to become a member of the Association, will, in accordance with M.G.L. Chapter 150E, Section 12, be required to pay a service fee equal to the cost of collective bargaining and contract administration to the Ware Teachers Association as a condition of his /her continued employment in the District. In accordance with M.G.L. Chapter 150E, Section 12, payroll deduction in equal installments will be available to employees who so authorize for payment of the service fee.

B.        Any employee who fails to pay the service fee, or to authorize payroll deduction for payment of the fee, in lieu of dues to the exclusive bargaining agent will be subject to legal action by the Ware Teachers Association for collection of said fee. Any judgment against such an employee by a forum of competent jurisdiction shall include payment of the Association's costs and reasonable attorneys' fees. The Ware Teachers Association will be solely responsible for enforcing the provisions of this Section. The Committee will not be responsible to enforce any provision of the Section.

C.        The Ware Teachers Association will indemnify, defend and hold harmless the Committee against any and all claims, actions, or lawsuits of any kind or description, whether at law or in equity, and whether based on statute, constitution or common law, made or instituted against the Committee or its agents, employees or administrators, resulting from this Section. Specifically, the Ware Teachers Association will have no right of action by way of contribution, counterclaim, or other basis against the Committee. Should any administrative agency or court of competent jurisdiction find the Committee liable for any

 

 

 

 

 

 

 

 

 

 

24


 

damages as a result of this Section, the Ware Teachers Association will pay any and all of those damages, including interest and charges.

D.        If any court or competent jurisdiction determines that any part of this Section 1, 2, or 3, is unconstitutional, in violation of statute, or otherwise unenforceable, all of the other parts of this 1, 2, and 3, will be null and void.

E.         The service fee shall be calculated in accordance with the provisions of the M.G.L. Chapter 150E, Section 12, and applicable state and federal constitutional law. Payment of said fee will not entitle the fee payer to be a member in good standing with the Ware Teachers Association.

DIRECT DEPOSIT:

All paychecks will be issued to teachers only by direct deposit.

Article XIV

INSURANCE

Each employee covered by this Agreement will be eligible for an individual or family indemnity qualified health insurance plan offered by Blue Cross/Blue Shield or comparable benefit to that for fiscal year 2005. At his or her option, the employee may elect an individual or family HMO plan or comparable plan commencing in fiscal year 2005.

Effective June 1, 2006 employees shall pay fifteen percent (15%) of the premium for the plan they select. Effective June 1, 2007, employees on the HMO plan shall contribute twenty percent (20%) and employees on the indemnity plan shall contribute twenty-five percent (25%) of the premium.

Effective July 1, 2008, a PPO plan may be added as an additional option to the HMO plans already available to employees. Employees will contribute 25% of the PPO premium.

Article XV

PAST PRACTICES

Except as this Contract shall otherwise provide, all past practices applicable to the parties of this Contract on the effective date of

 

 

 

 

 

 

 

 

25


 

this Contract shall continue to be so applicable. As stated by Arbitrator, Jules J. Justin: "In the absence of a written agreement 'past practice' to be binding on both Parties, must be, (1) unequivocal; (2) clearly enunciated and acted upon; (3) readily ascertainable over a reasonable period of time as a fixed and established practice accepted by both Parties."

Article XVI

RIGHTS AND OBLIGATIONS OF SCHOOL COMMITTEE

A.        Except where modified by provisions of this Contract, it is agreed that the Committee, through its designated administrative representatives, is vested with and retains the right to direct its employees, to hire, promote, transfer, assign and retain employees within the Ware School System, and to suspend, demote, discharge, or take other disciplinary action against employees in accordance with Article IV, to relieve non-tenured employees from duty at the end of a school year for legitimate reasons, to maintain the efficiency of the operations entrusted to it, to determine the methods, means and personnel by which such operations are to be conducted, to establish curricula and to take whatever action may be necessary to carry out its mission of providing a quality educational program for the children and youth of Ware.

B.        The School District has the right to promulgate reasonable rules and regulations pertaining to the employees covered by this Agreement. It is acknowledged that this right is vested exclusively in the School District so long as the rules and regulations do not specifically conflict with any specific term or condition of this Agreement.

C.        The School District retains all the rights vested in it by the General Laws of the Commonwealth of Massachusetts. Anything in this Contract that is contrary to said rights shall be deemed null and void.

D.        Nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the School District by statute or any rule or regulation of any agency of the Commonwealth. As to every matter not specifically mentioned or provided for in this Agreement, the Committee retains all the powers, rights, and duties that it has by law and may exercise the same at its discretion without any such

 

 

 

 

 

 

 

 

 

26


 

exercise being made the subject of a grievance or arbitration proceeding hereunder.

Article XVII

CLASS SIZE

Consistent with the availability of classrooms, funds, and competent professional personnel, an average class size of twenty-five (25) pupils will be maintained whenever possible.

A similar effort will be made to ensure that no secondary teacher will be required to teach more than two (2) subjects.

Article XVIII

GENERAL

A.        SIGN IN/SIGN OUT

On a daily basis, each employee shall sign in and record the time upon reporting for work.

If an employee has reason to leave the building during the work day, the employee shall, immediately prior to leaving the building, sign out, record the time and state the reason for leaving the building. The employee shall sign back in and record the time immediately upon returning to the building.

Each employee shall sign out and record the time immediately prior to leaving the building for the day.

The documentation shall be maintained on a form prepared by the Employer and shall be kept in the Principal's Office in each building.

B.        POLICY PROHIBITING USE OF TOBACCO PRODUCTS:

There shall be no smoking or use of tobacco products by employees within school buildings, in school facilities, on the school grounds or on school buses.

Employees who violate this policy will subject themselves to disciplinary action up to and including discharge.

 

 

 

 

 

 

 

 

 

27


 

Article XIX

WAGES

A.        Teacher Salary Schedule - See attached - Appendix A

Effective September 1, 2000, a Masters' Degree must be earned from a College or University before any courses can be taken and credits earned for salary schedule credits beyond the Masters' Degree column.

Employees who were paid at the BA+36 level as of June 23, 1994 shall be red-circled.

B.        Nurse Salary Schedule - See attached - Appendix B

The Lead/Charge Nurse shall receive a one thousand three hundred and fifty dollar ($1,350) annual stipend in addition to the wages set forth in the Wage Schedule.

Those Nurses who earn a Bachelor of Science Degree in Nursing (BSN) and who are fully certified/licensed in school nursing by the Department of Elementary and Secondary Education, shall be paid in accordance with the teachers' salary schedule and shall receive longevity compensation in accordance with the teachers' provision for longevity.

All school nurses on the payroll as of July 1, 2005, who were not placed on the teachers salary schedule, were, as a result of the negotiations leading to the settlement of the 2005-2008 collective bargaining agreement, placed on at least the first step of the teachers salary schedule that provided a wage increase over their placement on the nurses salary schedule, and shall advance annually thereafter.

C.        Extra-Duty Schedule - See attached - Appendix C

D.        Department Head Schedule - See attached - Appendix D

E.         All employees employed in the Ware School System shall be placed on the proper salary step according to their number of years of experience gained in this system or any other system.

An employee must perform actual working duties for ninety-four (94) working days in order to be credited a step on the salary

 

 

 

 

 

 

 

 

 

28


 

schedule for the following year. Teachers on waivers shall not receive steps.

F.         The School District reserves the right to evaluate prior employment experiences and/or availability and qualifications of personnel, in order to set the initial step level of any incoming employee.

G.        If a teacher received twenty-one (21) pays and leaves the school district prior to the end of the school year, any overpayment (based on work days) will be deducted from the final paycheck. The Association will receive a copy of the calculations.

H.        Longevity

Teachers, who have reached the top of the scale and have completed the required years of service in the Ware Public Schools, shall be paid longevity pay in accordance with the following scale:

1.         End of 12-15 years................................................................ $250

2.         End of 16-20 years................................................................ $500

3.         End of 20-25 years................................................................ $875

4.         End of 25-29 years................................................................ $1050

5.         End of 29 + years.................................................................. $1250

 

 

I.          All employees will be paid in twenty-one (21) equal

installments during the year. This also includes all deductions. However, staff should be aware that they can submit a written request to the Central Office to have a portion of the proceeds of their paycheck split out and deposited in a separate, personal direct deposit account. This money then can be accessed at the end of the school year in a lump sum, or via periodic withdrawals over the summer (simulating a regular paycheck) or at any other time which their designated bank allows. By utilizing this avenue, teachers could obtain a regular and consistent pay stream over a twenty-six (26) pay period and would be in charge of their own pay during the summer months, rather than having it administered by the School District. Employee by August 1 of each year must notify the Business Office whether they desire to be paid in twenty-one (21) equal installments, or in twenty-six (26) equal installments, with the option of a lump sum pay for the summer months.

 

 

 

 

 

 

 

 

 

 

 

 

 

29


 

J.          Mileage at the rate equal to that approved for the municipal employees shall be reimbursable to all personnel who use their own car for trips sanctioned by the Superintendent.

Article XX

DEPARTMENT HEADS

A Department Head who has served in that position in the Ware Public Schools for at least three (3) consecutive years, shall not be dismissed or demoted except for good cause.

Any disagreement arising over assignment duties of department heads shall be resolved by the following procedure:

A.        The department chairperson or one (1) department chairperson, acting as a representative, will meet with the Principal within five (5) days after the notification of the disagreement, to resolve the problem.

B.        If the problem is not resolved by Step One above, the Principal at the request of the department chairperson or the representative will schedule a meeting between the Superintendent and the department head(s) involved, within ten (10) school days following the request for Step Two.

Article XXI

MENTORING

New Teacher Induction Program

A.        Evaluative information developed as a result of an individual teachers' participation in the New Teacher Induction Program will be shared with the teacher for his/her information and professional development only. It will not be shared with the administration of the Ware Public Schools, nor will it be used in any personnel decision regarding any teacher, including but not limited to decisions regarding appointment, reappointment, transfer, assignment or reassignment or the decision to grant or not to grant professional teacher status.

 

 

 

 

 

 

 

 

 

 

 

 

30


 

B.        Mentor teachers will be compensated at the rate of $600, effective July 1, 2012 if one mentee is assigned and $850 if two mentees are assigned. Amounts to be prorated for a partial year.

Article XXII

NO STRIKE

The parties hereto agree that there shall be no strikes of any kind whatsoever; work stoppages; slow-downs; or interferences or interruptions with the efficiency or operations of the School System by any employees or the Association; and there shall be no lock-outs by the Employer.

Nor shall there be any strike or interruption of work during the term of this Agreement because of any disputes or disagreements between any other persons (or other Employers or Unions) who are not signatory parties to this Agreement.

Any employee who violates the terms of this Article shall be subject to discharge.

Article XXIII

VOIDABLE WAIVER CLAUSE

The withholding or failure by either party to exercise any of its rights recognized or reserved by this Agreement shall not be deemed a waiver of such recognized or reserved rights in the future and shall not constitute a modification of this Agreement.

Article XXIV

SAVINGS CLAUSE

If any provision of this Agreement is or shall at any time be determined by a court of competent jurisdiction to be contrary to law, then such provision shall not be applicable or performed or enforced, except to the extent permitted by law and substitute action shall be subject to appropriate consultation and negotiation with the Association.

 

 

 

 

 

 

 

 

 

 

 

 

 

31


 

In the event that any provision of this Agreement is or shall be contrary to law, all other provisions of this Agreement shall continue in effect.

Article XXV

DURATION

This contract will take effect once ratified by both parties. This contract will expire at midnight on June 30, 2018. This contract shall be retroactive for wage purposes only to July 1, 2015, subject to the provisions of Article XIX.

Article XXVI

INFORMATION

The School District agrees to make available to the Ware Teachers' Association President a copy of the School Committee agenda along with all public attachments.

SCHOOL COMMITTEE OF WARE                             WARE TEACHERS' ASSOCIATION

 

_______________________________                           ___________________________

 

_______________________________

 

_______________________________

 

_______________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX A - WARE SCHOOL TEACHER SALARY SCHEDULE

 

WORK YR                July 1, 2015 - June 30, 2016                                      1%

 

 

B

B15

M

M15

M30

M45

1

$44,392

$45,987

$47,051

$48,397

$49,474

$51,337

2

$46,114

$47,186

$48,527

$49,607

$51,199

$52,629

3

$47,724

$48,802

$50,135

$51,480

$52,806

$54,139

4

$49,324

$50,396

$51,998

$53,072

$54,408

$56,013

5

$51,199

$52,270

$53,605

$54,676

$56,284

$57,615

6

$52,935

$54,007

$55,611

$56, 676

$58,014

$59,353

7

$54,537

$55,885

$57,217

$58,281

$59,619

$61,224

8

$56,945

$58,014

$59, 356

$60,690

$62,032

$63,369

9

$59,358

$60,167

$61,759

$62,828

$64,163

$65,769

10

$61,770

$62,314

$64,161

$64,974

$66,558

$67,905

11

$64,882

$65,409

$66,561

$67,136

$68,384

$70,055

12

$0

$0

$69,660

$70,090

$71,445

$72,740

13

$0

$0

$0

$0

$75,397

$76,639

WORK YR                July 1, 2016 - June 30, 2017                                      1.75%

 

B

B15

M

M15

M30

M45

1

$45,168

$46,792

$47,874

$49,244

$50,340

$52,236

2

$46,921

$48,012

$49,377

$50,475

$52,095

$53,550

3

$48,559

$49,656

$51,013

$52,381

$53,730

$55,086

4

$50,188

$51,278

$52,908

$54,001

$55,360

$56,993

5

$52,095

$53,184

$54,543

$55,633

$57,269

$58,624

6

$53,861

$54,952

$56,584

$57,668

$59,030

$60,391

7

$55,491

$56,863

$58,218

$59,301

$60,663

$62,296

8

$57,941

$59,030

$60,394

$61,752

$63,118

$64,478

9

$60,396

$61,220

$62,840

$63,928

$65,286

$66,920

10

$62,851

$63,404

$65,284

$66,111

$67,723

$69,094

11

$66,018

$66,553

$67,726

$68,311

$69,581

$71,281

12

$0

$0

$70,879

$71,317

$72,696

$74,013

13

$0

$0

$0

$0

$76,716

$77,980

WORK YR                July 1, 2017 - June 30, 2018                                     2%

 

B

B15

M

M15

M3 0

M4 5

1

$46,072

$47,728

$48,832

$50,229

$51,346

$53,280

2

$47,859

$48,972

$50,364

$51,485

$53,137

$54,621

3

$49,530

$50,649

$52,033

$53,428

$54,805

$56,188

4

$51,191

$52,303

$53,966

$55,081

$56,467

$58,133

5

$53,137

$54,248

$55,634

$56,746

$58,415

$59,796

6

$54,939

$56,051

$57,715

$58,821

$60,210

$61,599

7

$56,601

$58,001

$59,382

$60,487

$61,876

$63,542

8

$59,100

$60,210

$61,602

$62,987

$64,380

$65,768

9

$61,604

$62,444

$64,097

$65,206

$66,592

$68,259

10

$64,108

$64,673

$66,590

$67,434

$69,077

$70,476

11

$67,338

$67,884

$69,080

$69, 677

$70,972

$72,706

12

$0

$0

$72,296

$72,743

$74,150

$75,493

13

$0

$0

$0

$0

$78,250

$79,540

 

 

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APPENDIX B - WARE SCHOOL NURSES SALARY SCHEDULE

Work Year                                             JULY 1, 2 015 - JUNE 30, 2 016

 

RN

BSN

MSN

1

$38,316

$39,826

$41,397

2

$39,072

$41,397

$43,031

3

$39,840

$43,031

$44,731

4

$40,630

$44,731

$46,501

5

$41,430

$46,501

$48,338

6

$42,246

$48,338

$50,250

7

$43,080

$50,250

$52,239

8

$43,932

$52,239

$54,306

9

$44,799

$54,306

$56,456

10

$45,682

$56,456

$58,693

11

$47,287

$59,393

$61,721

Work Year                                             JULY 1, 2016 - JUNE 30, 2017

 

RN

BSN

MSN

1

$38,987

$40,523

$42,121

2

$39,756

$42,121

$43,784

3

$40,538

$43,784

$45,514

4

$41,341

$45,514

$47,315

5

$42,155

$47,315

$49,183

6

$42,986

$49,183

$51,129

7

$43,833

$51,129

$53,153

8

$44,701

$53,153

$55,256

9

$45,583

$55,256

$57,444

10

$46,482

$57,444

$59,720

11

$48,115

$60,432

$62,801

Work Year                                             JULY 1, 2017 - JUNE 30, 2018

 

RN

BSN

MSN

1

$39,767

$41,334

$42,964

2

$40,551

$42,964

$44,660

3

$41,348

$44,660

$46,424

4

$42,168

$46,424

$48,261

5

$42,998

$48,261

$50,167

6

$43,845

$50,167

$52,151

7

$44,710

$52,151

$54,216

8

$45,595

$54,216

$56,361

9

$46,494

$56,361

$58,593

10

$47,411

$58,593

$60,915

11

$49,077

$61,641

$64,057

 

 

 

 

 

 

 

 

 

 

 

 

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APPENDIX C - WARE EXTRA DUTY SCHEDULE

POSITION                                                              2015-2016           2016-2017        2017-2018

High School

Senior Class Advisors (2)

$2,170

$2,208

$2,253

Junior Class Advisors (2)

$1,492

$1,518

$1,548

Sophomore Class Advisors (2)

$1,220

$1,241

$1,266

Freshman Class Advisors (2)

$949

$966

$985

Senior Play Advisor

$2,441

$2,484

$2,534

Student Council Advisor

$4,064

$4,135

$4,218

Yearbook Advisor

$4,064

$4,135

$4,218

Treasurer - Student Funds

$3,391

$3,450

$3,519

Art Activities Director

$1,087

$1,106

$1,128

Music Activities Director

$4,338

$4,414

$4,502

Literary Magazine

$1,356

$1,380

$1,408

Schools Match Wits

$949

$966

$985

National Honor Society

$1,149

$1,169

$1,192

Junior National Honor Society

$836

$851

$868

 

Each of the two (2) junior class advisors will receive full stipends and each of the two (2) senior class advisors will receive full stipends.

The class advisor positions for Freshman and Sophomore classes will be a single stipend for each class. If there is more than one advisor for the Freshman and/or Sophomore class, the advisors for each class will split the stipend.

POSITION                                                                2015-2016           2016-2017        2017-2018

Ware Middle School


 


Student Council Advisor                                            $742                      $755                   $777

Yearbook Advisor                                                      $742                      $755                   $770

Extra-Curricular Advisors (4)                                     $742                      $755                   $770

Intramural Program Advisor                                       $617                      $628                   $640
(3 seasons)

 

 

 

 

 

 

 

 

 

 

 

35


 

2015-2016

High School                                                                                           Step 1             Step 2         Step 3

 

Baseball:

Varsity – Boys
Junior Varsity - Boys

$4,217
$2,683

$4,343

$2,763

$4,473

$2,846

 

Basketball:

Varsity - Boys

Junior Varsity – Boys
Varsity Girls

Junior Varsity - Girls

$4,217

$2,683

$4,217

$2,683

$4,343

$2,763

$4,343

$2,763

$4,473

$2,846

$4,473

$2,846

 

Football:

Varsity

Assistants(2) or (3)

If there are 50 or

more students

$4,983

$2,683

$5,132

$2,763

$5,286

$2,846

 

Softball:

Varsity Girls

Junior Varsity - Girls

$4,217

$2,683

$4,343

$2,763

$4,473

$2,846

 

Cross Country:

 

$2,683

$2,763

$2,846

 

Golf:

Varsity

Junior Varsity

$2,683

$2,006

$2,763

$2,065

$2,846

$2,127

 

Soccer:

Varsity – Boys

Junior Varsity – Boys

Varsity – Girls

Junior Varsity - Girls

$3,833

$2,683

$3,833

$2,683

$3,947

$2,763

$3,947

$2,763

$4,065

$2,846

$4,065

$2,846

 

Tennis:

 

TBA

 

 

 

Track & Field:

 

$2,683

$2,763

$2,846

 

Volleyball:

Varsity – Boys

Junior Varsity - Boys

Varsity - Girls

Junior Varsity - Girls

$2,683

$2,006

$2,683

$2,006

$2,763

$2,065

$2,763

$2,065

$2,846

$2,127

$2,846

$2,127

 

**Cheerleading Coach:

 

$2,818

$2,903

$2,989

 

Auxiliary Director

Color Guard Drill

$1,533

$1,579

$1,626

 

Athletic Director:

 

$8,252

$8,500

$8,755

 

Athletic Program Manager

 

$3,570

$3,677

$3,788

*          Current employees are grandfathered at their current stipend if the implementation of this provision would result in a reduction received in stipend amount.

**Cheerleading Coach: The rate specified above for this position represents the stipend payment per season. The Athletic Director will determine which events the cheerleaders will attend.

 

 

 

 

 

 

36


 

2016-2017

High School

 

 

Step 1

Step 2

Step 3

Baseball:

Varsity - Boys

$4,291

$4,419

$4,552

 

Junior Varsity - Boys

$2,730

$2,812

$2,896

 

Basketball:

Varsity - Boys

$4,291

$4,419

$4,552

 

Junior Varsity - Boys

$2,730

$2,812

$2,896

 

Varsity Girls

$4,291

$4,419

$4,552

 

Junior Varsity - Girls

$2,730

$2,812

$2,896

 

Football:

Varsity

$5,071

$5,222

$5,379

 

Assistants(2) or (3)

$2,730

$2,812

$2,896

 

If there are 50 or

 

 

 

 

more students

 

 

 

 

Softball:

Varsity Girls

$4,291

$4,419

$4,552

 

Junior Varsity - Girls

$2,730

$2,812

$2,896

 

Cross Country:

 

$2,730

$2,812

$2,896

Golf:

Varsity

$2,730

$2,812

$2,896

 

Junior Varsity

$2,041

$2,102

$2,164

 

Soccer:

Varsity - Boys

$3,900

$4,016

$4,136

 

Junior Varsity - Boys

$2,730

$2,812

$2,896

 

Varsity - Girls

$3,900

$4,016

$4,136

 

Junior Varsity - Girls

$2,730

$2,812

$2,896

Tennis:

 

TBA

 

 

Track & Field:

 

$2,730

$2,812

$2,896

Volleyball:

Varsity - Boys

$2,730

$2,812

$2,896

 

Junior Varsity - Boys

$2,041

$2,102

$2,164

 

Varsity - Girls

$2,730

$2,812

$2,896

 

Junior Varsity - Girls

$2,041

$2,102

$2,164

 

**Cheerleading Coach:

 

$2,867

$2,953

$3,041

Auxiliary Director -

Color Guard Drill

$1,560

$1,606

$1,655

Athletic Director:

 

$8,397

$8,649

 

$8,908

 

Athletic Program Manager:

 

$3,633

$3,742

$3,854

*          Current employees are grandfathered at their current stipend if the implementation of this provision would result in a reduction received in stipend amount.

**Cheerleading Coach: The rate specified above for this position represents the stipend payment per season. The Athletic Director will determine which events the cheerleaders will attend.

 

 

 

37


 

2017-2018

High School

 

 

Step 1

Step 2

Step 3

Baseball:

Varsity - Boys

$4,376

$4,507

$4,643

 

Junior Varsity - Boys

$2,784

$2,868

$2,954

 

Basketball:

Varsity - Boys

$4,376

$4,507

$4,643

 

Junior Varsity - Boys

$2,784

$2,868

$2,954

 

Varsity Girls

$4,376

$4,507

$4,643

 

Junior Varsity - Girls

$2,784

$2,868

$2,954

Football:

Varsity

$5,172

$5,326

$5,486

 

Assistants(2) or (3)

$2,784

$2,868

$2,954

 

If there are 50 or

 

 

 

 

more students

 

 

 

 

Softball:

Varsity Girls

$4,376

$4,507

$4,643

 

Junior Varsity - Girls

$2,784

$2,868

$2,954

Cross Country:

 

$2,784

$2,868

$2,954

Golf:

Varsity

$2,784

$2,868

$2,954

 

Junior Varsity

$2,082

$2,144

$2,208

 

 

 

 

 

Soccer:

Varsity – Boys

$3,978

$4,096

$4,219

 

Junior Varsity - Boys

$2,784

$2,868

$2,954

 

Varsity - Girls

$3,978

$4,096

$4,219

 

Junior Varsity - Girls

$2,784

$2,868

$2,954

Tennis:

 

TBA

 

 

Track & Field:

 

$2,784

$2,868

$2,954

Volleyball:

Varsity - Boys

$2,784

$2,868

$2,954

 

Junior Varsity - Boys

$2,082

$2,144

$2,208

 

Varsity - Girls

$2,784

$2,868

$2,954

 

Junior Varsity - Girls

$2,082

$2,144

$2,208

 

 

 

 

 

**Cheerleading Coach:

 

$2,925

$3,012

$3,103

Auxiliary Director -

Color Guard Drill

$1,591

$1,638

$1,688

Athletic Director:

 

$8,565

$8,822

$9,086

Athletic Program Manager:

 

$3,705

$3,817

$3,931

*          Current employees are grandfathered at their current stipend if the implementation of this provision would result in a reduction received in stipend amount.

**Cheerleading Coach: The rate specified above for this position represents the stipend payment per season. The Athletic Director will determine which events the cheerleaders will attend.

 

 

 

38


 

APPENDIX D - DEPARTMENT HEAD SCHEDULE

Department Chairpersons

2015-2016

2016-2017

2017-2018

Two (2) persons

$1,481

$1,507

$1,537

Three (3) persons

$1,769

$1,799

$1,835

Four (4) persons

$2,051

$2,087

$2,129

Five (5) persons

$2,334

$2,375

$2,422

Six (6) persons

$2,619

$2,665

$2,718

Seven (7) persons

$2,807

$2,856

$2,913

Eight (8) persons

$3,188

$3,243

$3,308

Nine (9) persons

$3,469

$3,530

$3,601

Ten (10) persons

$3,753

$3,819

$3,895

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

39


 

 

APPENDIX E - TEACHER SUPERVISION AND EVALUATION

 

1)         Purpose of Educator Evaluation

A)        This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. c.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq.; and the Model System for Educator Evaluation developed and which may be updated from time to time by the Department of Elementary and Secondary Education. See 603 CMR 35.02 (definition of model system). 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 teachers 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

40


 

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, and 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.

D)        *Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations of practice of at least 10 minutes; 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 locally bargained and 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

41


 

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 less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment.

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 one school year or less for Educators with PTS who are rated needs improvement.

iv)        *Improvement Plan shall mean a plan developed by the Evaluator for a time period sufficient to achieve the goals outlined in the Improvement Plan, but at least 30 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. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

42


 

assessment") and to assess total job effectiveness and make personnel decisions (the "summative evaluation").

J)         *Evaluator: An administrator designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings. The Special Education Director may evaluate the OT, PT, SLP's, Pre-School, ELL and structured learning center teachers only and with the permission of the Principal.

i)          Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation.

ii)         Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

iii)        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 predominate assignment, the superintendent will determine who the primary evaluator will be.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

43


 

iv)        Notification: The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, 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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

44


 

Educators, by the Evaluator, or by teams, departments, or 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. Upon issuance of ESE guidance, the parties agree to revise this definition as required by the regulations.

S)         New Assignment: An educator with PTS shall be considered in a new assignment when teaching under a different license.

T)         *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration but not less than 10 minutes by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video. Video observations will be done openly and only at the discretion of the Educator, to be used only as an artifact of the Educators professional practice. 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.

U)        Parties: The Ware Teachers Association and the Ware School Committee are parties to this Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

45


 

V)        *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.

W)       *Performance Standards: The parties agree to adopt the standards and indicators set forth in 603 CMR 35.03.

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

 

Y)        *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

 

 

 

 

 

 

 

 

 

 

46


 

at an Educator's rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE.

 

Z)         *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)

AA)     *Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics agreed to by the parties are those required by 603 CMR 35.03.:

BB)      *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.

CC) *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.

 

 

 

 

 

 

 

47


 

DD)     *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. Teachers may include, for example, classroom teachers, librarians, guidance counselors, or school nurses.

EE)      *Trends in student learning: At least three years of data from the locally bargained 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, 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. One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least three years of data is required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

48


 

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. The measures set by the district as bargained by the parties should be based on the Educator's role and responsibility.

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

i)          *Unannounced observations of practice of any duration but not less than 10 minutes.

ii)         *Announced observation(s) as required by this agreement, including for non-PTS Educators in their first year of practice in a school, Educators on Improvement Plans, and as determined by the Evaluator.

iii)        *Examination of Educator work products.

iv)        *Examination of student work samples.

C)        *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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

49


 

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).

iv)        *Student and Staff Feedback - see # 23-24, below.

v)         Any other relevant evidence from any source that the Evaluator shares with the Educator. Other relevant evidence could include information provided by other administrators such as the superintendent.

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.

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 district through the superintendent shall determine the type and quality of training based on guidance provided by ESE.

B)        By November 1st of the first year of this agreement, (2013-2014), October 1st in successive years. Educators shall complete a professional learning activity about self-assessment and goal-setting satisfactory to the superintendent or principal. Any Educator hired after the November 1st date, and who has not previously

 

 

 

 

 

 

 

 

 

 

 

 

 

 

50


 

completed such an activity, shall complete such a professional learning activity about self-assessment and goal-setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE.

C)        *At the start of each school year, the superintendent, principal or administrator 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)         Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii)        Provide all educators with directions for obtaining school and district improvement plans, and goals, and relevant student data, assignment analysis.

iv)        The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year.

The participants will evaluate the effectiveness of this process as a means of providing the joint labor-management committee with actionable feedback.

6)         *Evaluation Cycle: Self-Assessment

A)        *Completing the Self-Assessment

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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 parties rubrics as agreed by.

(c)        Proposed goals to pursue:

(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 must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings. Prior to the goal-setting process, school and/or district leaders will provide educators with assessment data analysis and copies of the school and/or district goals.

ii)         For Educators in their first year of practice, the Evaluator or his/her designee 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-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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 address shared grade level or subject area 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 goals may address shared grade level or subject area team goals.

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

A)        *Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice and one goal for the improvement of student learning. 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, departments, or groups of Educators who have the similar roles and/or responsibilities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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.

Suggested Alternative to the last two sentences: (The parties agree to bargain over the impact of this regulatory requirement (see Section 22) after guidance has been issued by ESE.)

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 15 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 Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator's signature indicates that the

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Educator received the plan. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator's Plan.

8)         *Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators without PTS

A)        In the first year of practice or first year assigned to a school:

i)          The Educator shall have at least one announced observation during the school year using the protocol described in section 11B, below.

ii)         The Educator shall have at least six unannounced observations during the school year.

B)        In their second and third years of practice or second and third years as a non-PTS Educator in the school:

i)          The Educator shall have at least six unannounced observations during the school year.

9)         Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators with PTS

A)        The Educator whose overall rating is proficient or exemplary must have at least six unannounced observation during the evaluation cycle.

B)        &The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least six unannounced observations.

C)        &The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan which must include both unannounced and announced observation. The number and frequency of the observations shall be determined by the Evaluator, but

 

 

 

 

 

 

 

 

 

 

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in no case, for improvement plans of one year, shall there be fewer than two announced and six unannounced observations. For Improvement Plans of six months or fewer, there must be no fewer than two announced and six unannounced observations.

10)       *Observations

The Evaluator's first observation of the Educator should take place by November 15. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation.

A)        *Unannounced Observations

i)          Unannounced observations may be in the form of partial or full-period classroom visitations of not less than 10 minutes Instructional Rounds, Walkthroughs, and Learning Walks are non-evaluative collaborative observation protocols designed to assess overall school culture.

ii)         *The Educator will be provided with written feedback from the Evaluator within 5 school days. Every effort will be made to provide written feedback within twenty four hours of the observation. Positive written feedback shall be delivered to the Educator in person, by email, placed in the Educator's mailbox or mailed to the Educator's home. Negative written feedback will be delivered in person.

iii)        Any 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 observation of at least 30 minutes in within 30 school days.

 

 

 

 

 

 

 

 

 

 

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Before an overall rating of needs improvement or unsatisfactory is established the Evaluator will have made at least three (3) additional unannounced observations, for a total of at least fifty (50) minutes.

B)        Announced Observations

i)          *All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other educators at the discretion of the evaluator shall have at least one Announced Observation.

(a)        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.

(b)        Within 5 school days of the scheduled observation, upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference. In lieu of a meeting, the Educator may inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance

(1st)     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.

(2nd)   The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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observation. The observation will be rescheduled with the Educator as soon as reasonably practical.

(c)        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.

(d)       *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:

(1st)     *Describe the basis for the Evaluator's judgment.

(2nd)   *Describe actions the Educator should take to improve his/her performance.

(3rd)    *Identify support and/or resources the Educator may use in his/her improvement.

(4th)    *State that the Educator is responsible for addressing the need for improvement.

11)       *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

 

 

 

 

 

 

 

 

 

 

 

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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.

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 12, below.

C)        *The Formative Assessment 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 Performance Standards and overall, or both

D)        No less than ten school days before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, 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)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report.

F)         The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox or home.

 

 

 

 

 

 

 

 

 

 

 

 

 

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G)        The Educator may reply in writing to the Formative Assessment report.

H)        The Educator shall sign the Formative Assessment report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a fashion. The signature does not indicate agreement or disagreement with its contents.

I)         *As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan provided that the evaluator has met with the Educator prior to making the change.

J)         *If the rating in the Formative Assessment 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.

12)       *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 near the end 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

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C)        No less than 10 school days before the due date for the Formative Evaluation report, which due date shall be established by the Evaluator with written notice provided to the Educator, 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 complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox or home.

E)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report.

F)         The Educator may reply in writing to the Formative Evaluation report.

G)        The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a fashion. The signature does not indicate agreement or disagreement with its contents.

H)        *As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan, provided that the Evaluator has met with the Educator prior to making the changes.

I)         *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

 

 

 

 

 

 

 

 

 

 

 

 

 

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different Educator Plan, appropriate to the new rating.

13)       *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.

C)        *The professional judgment of the evidence by the primary evaluator shall determine the overall summative rating that the Educator receives.

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. In cases where the superintendent serves as the primary evaluator, the superintendent's decision on the rating shall not be subject to review.

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)        No less than four weeks before the due date for the Summative Evaluation report, which due date shall be

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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established by the Evaluator with written notice provided to the Educator, 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, by email or to the Educator's school mailbox or home 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 may 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 by June 15th. The signature indicates that the Educator received the Summative Evaluation report in a fashion. The signature does not indicate agreement or disagreement with its contents.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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N)        The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report.

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

14)       *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, but is not limited to:

i)          *At least one goal related to improvement of practice tied to one or more Performance Standards;

ii)         *At least one goal related to 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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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.

15)       *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.

16)       *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.

17)       *Educator Plans: Directed Growth Plan

A)        *A Directed Growth Plan 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.

 

 

 

 

 

 

 

 

 

 

 

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C)        *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.

D)        *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.

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

18)       *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 for a time period sufficient to achieve the goals outlined in the Improvement Plan, but no fewer than 30 school days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

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 a Supervising Evaluator (see definitions). The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the

 

 

 

 

 

 

 

 

 

 

 

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resources and professional development outlined in the Improvement Plan. The primary evaluator may be the Supervising Evaluator.

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 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 will develop the Improvement Plan, which will include the provision of specific assistance to the Educator.

ii)         The Evaluator will notify the Educator that he/she may request representation by the Association. Upon the educator's request a representative of the Association shall attend the meeting.

iii)        *If the Educator consents, the Association will be informed that an Educator has been placed on an Improvement Plan.

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;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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iii)        Describe the assistance 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 Supervising Evaluator; and,

vii)       Include the signatures of the Educator and Supervising Evaluator.

H)        *A copy of the signed Plan shall be provided to the Educator. The Educator's signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)         *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)        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)        *In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is

 

 

 

 

 

 

 

 

 

 

 

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making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

(c)        *In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

(d)       *If the Evaluator determines that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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20. Timelines

Activity:

Completed By:

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process

September 15

Evaluator meets with first-year educators to assist in self-assessment and goal setting process Educator submits self-assessment and proposed goals

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)

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

* or 10 school days before Formative Assessment Report date established by Evaluator

January 5*

Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

February 1

Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

*or 4 weeks prior to Summative Evaluation Report date established by evaluator

April 20*

Evaluator completes Summative Evaluation Report

May 15

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory

June 1

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator

June 10

Educator signs Summative Evaluation Report and adds response, if any within 5 school days of receipt

June 15

 

 

 

 

 

 

 

 

 

 

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A)        Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 1 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

B)        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.

B)        *In order to qualify to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years.

C)        *Educators with PTS whose summative performance rating is exemplary and, after 2013-14 whose impact on student learning is rated moderate or high, shall be

 

 

 

 

 

 

 

 

 

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recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

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 by July 15, 2012. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

23        *Using Student feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

24        *Using Staff feedback in Administrator Evaluation

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. 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 may agree that 50% or more of Educators in the district will be evaluated under the new procedures at the outset of this Agreement, and 50% or fewer will be evaluated under the former evaluation procedures for the first year of implementation of the new procedures in this Agreement.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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B)        The parties shall agree on a process for identifying the Educator Plan that each Educator will be placed on during the Educator's first year being evaluated under the new procedures, providing that Educators who have received ratings of unsatisfactory or its equivalent in the prior year will be placed on Self-Directed Growth or Improvement Plans at the sole discretion of the Superintendent.

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 or figuratively "put into a hat." The first fifty (50) percent drawn shall be on a 1-year Self-directed Growth Plan and the second fifty (50) percent shall be on a 2-year Plan.

C)        The existing evaluation system will remain in effect until the provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11(1).

26.       General Provisions

A)        *Only Administrators who are licensed may serve as primary evaluators of Educators.

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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C)        *The superintendent shall insure that Evaluators have 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.

E)        *The parties agree to establish a joint labor-management evaluation team (JLMC) which will review the current evaluation process, standards, and forms annually and recommend adjustments to the parties. The JLMC will be composed of three (3) members appointed by the School Committee or its designee and three (3) members appointed by the WTA President.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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