CONTRACTUAL AGREEMENT

 

 

BETWEEN THE

 

 

 

WEBSTER EDUCATORS’ ASSOCIATION

 

AND THE

 

WEBSTER SCHOOL COMMITTEE

 

 

 

 

 

FOR THE PERIOD OF

 

 

 

JULY 1, 2007  -  JUNE 30, 2010

Extended by MOA June 30, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTRACT

Pursuant to the provisions of the General Laws of Massachusetts, this contract is made this 25th day of September 2007, by the SCHOOL COMMITTEE of the TOWN OF WEBSTER and the WEBSTER EDUCATORS ASSOCIATION, (hereinafter sometimes referred to as the ASSOCIATION).

 

PREAMBLE

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

 

a.            Under the law of Massachusetts, the Committee, elected by the citizens of Webster, has final responsibility for establishing the educational policies of the public schools of Webster, and that the Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts and nothing in this agreement shall be deemed to negate or impair any power, right or duty conferred upon the Committee by law or mandate of any agency of the Commonwealth;

b.            The Superintendent of Schools of Webster (hereinafter “Superintendent”) has the responsibility and authority established by the statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to negate or impair any power, right or duty conferred upon the Superintendent by law or mandate of any agency of the Commonwealth.

c.            The teaching staff of the public schools of Webster has responsibility for providing in the classrooms of the schools education of the highest possible quality;

d.            The Committee's or the Association's failure to exercise any right in a particular way shall not be deemed a waiver of any right or preclude the Committee or the Association from exercising the same in some other way not in conflict with the provisions of this Agreement.

e             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 relating to wages, hours, and other conditions of employment for the teaching staff; and so,

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

 

Article I - Recognition

1-1          For the purposes of collective bargaining with respect to wages, hours, other conditions of employment, the negotiation of collective bargaining agreements, and any questions arising there under, the Committee recognizes the Association as the exclusive bargaining agent and representative of all professionally certified/licensed employees, below the rank of Assistant Principal.

1-2          If any provision of this Agreement is found contrary to law by the Supreme Court of the United States or by any court or agency of competent jurisdiction from whose judgment no appeal has been taken within the time provided for doing so, such provision shall be modified forthwith by the parties hereto to the extent necessary to conform thereby.  In such case, all other provisions of this agreement shall remain in effect.

 

Article II - Association Rights

2-1          Members of the categories noted above in 1-1, hereinafter referred to as "teachers" who participate in the process of resolving grievances as a professional problem in the manner indicated herein shall not be subject to discrimination for such action.

2-2          The resolution of All Grievances and Professional Problems shall be in accordance with the procedures which are part of this Agreement.

2-3          The Association shall be provided bulletin board space in the faculty room of each school for the posting of official notices and other official materials relating to Association activities.  Such space is not to exceed 50 percent of space presently provided.

2-4          The Association shall have the right to place material in the mail boxes of teachers.  Placement will be made by the building representatives or his designee.

2-5          On twenty-four (24) hours' notice to the Principal of the School, the Association shall have the right to schedule meetings in the building after regular duty hours and during the lunch time of the teachers involved on matters concerning their employment and the provisions of this Agreement provided the space requested has not been previously committed.  These meetings will be held during the regular school year and will not be in conflict with janitorial staffing.

2-6          The Committee shall permit the President of the Association or his designated representative to visit the schools during his free time for any purpose relating to the terms and conditions of this agreement.  If conferences with teachers are necessary, they shall be scheduled after school hours so as not to interfere with the school program.

2-7          A copy of the School Committee Agenda and School Committee Minutes shall be made available to the President and the Vice President of the Association.

2-8          The Committee agrees to make payroll deductions for payments into the MTA Credit Union for those teachers who so request.

2-9          The Committee agrees to require as a condition of employment, the payment of an Agency Service Fee in accordance with Massachusetts General Laws, Chapter  150E, Section 12.

2-10        The Committee hereby accepts the provisions of Section 17C of Chapter 180 of the General Laws of Massachusetts and in accordance therewith, shall certify to the Treasurer of Webster all payroll deductions for the payment of dues to the Association duly authorized by the employees covered by this Contract.  Such dues deductions shall be in equal payments until paid.

2-11        The Teachers' Association will, upon its request in writing, be given an opportunity to meet and discuss with the Superintendent its views on the following year's calendar prior to its adoption.  The final determination of the calendar will remain the decision of the School

               Committee.

 

Article III - Fair Practices

3-1          In accordance with the laws of the United States and the Commonwealth of Massachusetts there shall be no  discrimination against any teacher on the basis of race, creed, color, age, sex, national origin, marital status, handicap or memberships or lawful participation in or association with activities of the Association.

 

Article IV - Instruction / Curriculum

4-1          The determination of textbooks to be used in the Webster School System shall be cooperatively arrived at through joint consultation among teachers and administrators with final approval by the Committee.

 

Article V - Duties

5-1          Teachers shall be required to collect money from students, but will not be held responsible for funds collected.

5-2          Para-professional help will be supplied for all non-teaching duties when possible and available.

5-3                    Registers will be done by office personnel in all schools.

 

Article VI - Teacher Assignments / Programming

6-1                    Every effort will be made to avoid using a regularly assigned teacher as a substitute teacher   In those cases where regular substitutes are not available, a regular teacher may be assigned to serve as a substitute during his/her teaching time.

 

6-2                    The normal work day for teachers and the student day shall be as follows (inclusive of a lunch period of 30 minutes):

                        Elementary and Middle Schools

                                    Teachers          6 hours, 45 minutes

                                    Students           6 hours

                        High School

                                    Teacher                        6 hours, 55 minutes

                                    Students           6 hours, 31 minutes

On Fridays and days before holidays, a teacher may leave once all assigned responsibilities are met.

6-3          All teachers shall be granted a duty free lunch period of at least 30 minutes each day.

6-4          All elementary school teachers and elementary teaching specialists  will receive  an average of 45 minutes of daily preparation time.  To the greatest extent possible, one preparation period shall be scheduled each school day. All elementary specialists will teach no more than six (6) periods per day.

6-5          Each high school teacher shall have five (5) unassigned preparation periods a week, or equivalent time, during the student day of at least one (1) class period duration in addition to a duty-free lunch period.  In all schools, team evaluations, parent conferences or other duties shall not be assigned during said periods without the consent of the teacher.

6-6          Teachers may leave the school grounds with the permission of the building principal or his designee during the time school is in session.  This shall include a teachers duty-free lunch period.

6-7          Teachers participation in extra-curricular activities and all other activities beyond the regular school hours shall be voluntary and compensated according to schedule.  (Appendix C).

6-8                    For the length of this contract, the work year shall consist of 185 days.

6-9                    Teachers may be required to attend two (2) meetings per month;  one (1) shall be a general faculty meeting and one (1) shall be for grade level or departmental curriculum development.  Such meetings may be up to seventy-five (75) minutes in duration.

 

 

Article VII - Evaluation

7-1          “The evaluation instrument and procedure developed jointly by the parties to this Agreement in accordance with G.L. c.71, S38 are incorporated into the Agreement by reference.” There shall be a review of the evaluation instrument and procedure by the parties in the latter part of the 2007-2008 school year.

 

 

Article  VIII - Teacher Files

8-1          No material derogatory to a teacher's conduct, service, character or personality shall be placed in a teacher's file unless the teacher has had an opportunity to read the material.  The teacher shall acknowledge that he/she has read material by affixing his/her signature on the actual copy to be filed with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its content.

8-2          The teacher shall have the right to answer any material filed and his/her answer shall be attached to the file copy.

8-3          Examination of the files of teachers shall be in accordance with Chapter 71 Section 42C of the General Laws of Massachusetts.

8-4          Upon written request by the teachers, the Superintendent shall reproduce any material in the teachers file with the exception of letters of reference.

 

 

 

Article IX - General

9-1          The Committee will advertise for substitute teachers as necessary.

9-2          A.   The Committee will strive to provide students and teachers with safe and healthful schools.  This would include periodic professional development on issues of student and classroom safety, teacher liability and legal rights to maintain a classroom environment where all students have the right and responsibility to learn.

                B.    Teachers will immediately report all cases of assault suffered by them in connection with their employment to the Building Principal in writing. The Building Principal will provide a copy to the Superintendent.

                C.  The Superintendent will comply with any reasonable request from the teacher for information in the Superintendent’s possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teachers, police, and the courts.

                D.    In case of personal injury to a teacher sustained as a result of, and in the performance of the teacher’s duties, the Superintendent’s office will notify the Massachusetts Teachers’ Retirement Board as required by General Laws Chapter 32, Section 7, and will provide a copy of such notification to the teacher.

 

Article X - Sick Leave

10-1        All contract teachers shall be entitled to an allowance of full salary for fifteen (15) days per year of service in the Webster School System for absence due to personal illness or quarantine. 

10-2        In addition to personal illness or injury, sick leave may be utilized for a maximum of five (5) days per year for illness in the immediate family.

10-3        Teachers whose absences result from school related assault, or injuries, while on official duty, shall have no deductions made from their sick leave.  Teachers unable to work as a result of a school-related assault, or injuries, shall receive the difference between any/all compensation insurance payments and the teacher's regular pay.

10-4        Sick leave shall be accumulative to 120 days.

10-5        For the length of this contract,  upon expiration of sick leave allowed by the Committee the daily deduction of a teacher's pay shall be 1/185th  of the annual salary.  A teacher may appeal in writing to the Committee in cases where there has been apparent hardship due to excessive absence for illness.

10-6        A medical certificate may be required for sick leave in excess of five (5) consecutive days or if a teacher's absence from duty reoccurs frequently or habitually indicating just cause for requiring such a certificate and such teacher has been previously warned orally.

 

 

Article XI - SICK LEAVE BANK

11-1        The Webster School Committee agrees to establish a sick leave bank for the use of professional personnel who have exhausted their accumulated and annual sick leave days and require additional leave to make full recovery from illness and would otherwise lose pay through continued illness.

11-2        Only personnel covered by this collective bargaining agreement shall be eligible to receive the benefits of this bank.

11-3        Entrance into the bank shall be on a voluntary basis, and each teacher upon joining the bank shall contribute one personal day (sick leave) on the 15th of September and each succeeding year thereafter.  The maximum allowable days in the bank shall be 400 days.

11-4        These days set aside in the bank will be used to provide employees in the bank extended sick leave at full pay upon exhaustion of their own individual sick leave, both annual and accumulated, up to a limit of borrowing equal to his or her accumulation on September lst of each year.

11-5        Application for benefits may be made prior to the employee's exhaustion of his own personal sick leave to expedite benefits, but drawings upon the bank will not actually commence until the employee's own sick leave benefits are exhausted and adequate medical certification has been provided.

11-6                Accumulated unused sick leave in the bank shall be carried over from year to year.

11-7        A sick leave bank committee will be established consisting of three representatives of the Association and three representatives of the School Committee who will verify qualifications for sick leave bank privileges and exercise discretionary powers to extend the sick leave bank in extenuating circumstances.  In the event the Committee should become deadlocked on an application, an administrator from another building will cast the deciding vote.

11-8        Under no circumstances will employees be allowed to donate their accumulated sick leave to the bank when they retire or leave the system.

 

Article XII - Leaves of Absence

12-1        Leaves of absence without pay, for up to two (2) years, may be granted at the discretion of the Committee for the purpose of:

                        A.  Personal Illness

B.     Family Illness (Immediate Family)

       Or, for one (1) year for the purpose of

                        C.  Maternity/Adoption

                        D.  Professional Improvement

                        E.  Pursue Alternative Careers

12-2        A teacher requesting a leave of absence without pay, not to exceed two years, who returns to the Webster School System after the leave period will be placed on the level of the current salary schedule commensurate with his/her preparation and experience.

12-3        Professional obligations shall be met by teachers requesting and receiving leaves of absence without pay by returning to the school system upon termination of the leave for a minimum of one year.  Notification shall be submitted four (4) months prior to the opening of school.  The Committee may grant other leaves of absence without pay at their discretion.

12-4        Any employee may be granted an unpaid leave of absence of up to two years by the Committee to accept an appointment or position with the Massachusetts Teachers Association (MTA) or National Education Association (NEA).

12-5        The Committee may grant a leave of absence without pay to any employee to serve in any elected public office.  Such leave shall be for the period of one term.

12-6        Any employee required to perform jury duty shall receive leave with pay for the period of such duty.  Compensation shall be the difference between jury duty pay and the employee's regular salary.

12-17    Employees are entitled to leave under the Federal Family and Medical Leave Act and the Massachusetts Small Necessities Leave Act subject to policies adopted by the District governing the taking of such leave. Said policies will be appended to this Agreement.

 

Article XIII - Personal Leave

13-1        Teachers will be allowed two (2) personal leave days annually.  Personal days will not accumulate and will not be deducted from sick pay.  Personal days may not be taken the day before or the day after a school holiday or vacation, except in an emergency and approved in writing by the Superintendent.  Personal days shall be full days, no partial days shall be granted. Personal days may be taken on the first ten (10) and the last ten (10) days of the school year only in an emergency or with prior written approval by the Superintendent or his designee.

13-2        Teachers at the discretion of the Superintendent, may attend conferences, meetings, or visit other schools for educational and/or professional purposes.  Reimbursement for such activities will depend upon the Superintendent's approval.

 

 

Article XIV - Funeral Leave

14-1                In the event of death in the immediate family of an employee, a teacher  will be granted leave with pay not to exceed four (4) working  days beginning the day after death, and such leave shall not be deducted from sick leave.  For purpose of this section, immediate family shall mean:  mother, father, brothers, sisters, mother-in-law, father-in-law, sons, daughters, wives and husbands, grandparents and grandchildren. Immediate family to include in-laws and persons living in the same household.

14-2        A teacher may take up to (4) four bereavement days per year for a death not covered by funeral leave.  Bereavement days will be deducted from sick days.

 

Article XV - Maternity Leave

15-1        Maternity Leave shall be granted according to applicable Federal and State Laws governing Maternity Leave.  The use of applying sick leave days will be limited to a physician's determination of actual disability.

 

Article XVI - Military Leave

16-1        A leave of absence for required military service without pay shall be granted upon written request to any teacher, employed by the Committee who enters a branch of the Armed Services of the United States for four (4) years or less.  Such an individual shall retain and continue to accumulate seniority during this period, provided that he applies for reinstatement with the Committee within ninety (90) days after discharge and prior to March 1st of the subsequent school year.  Required military service shall mean induction into the Armed Service or voluntary enlistment in lieu of imminent induction into the Armed Service.

16-2        Evidence of satisfactory physical and mental health as determined by a physician approved by the Committee must be filed with the Committee as directed before said teacher is returned to duty.

16-3        The Association accepts that the Committee cannot guarantee the return of any teacher to a specific building, grade level or special assignment at the conclusion of a period of absence exceeding one half year in length; the Committee will, however, make every effort to return a teacher to the same or comparable position to that prior to the leave.

16-4        Credit for Military Service:  Full credit on salary schedule, year for year, up to a limit of four (4) years, for service in the Armed Forces while on military leave of absence from the Webster School System is granted.

 

Article XVII - Sabbatical Leave

17-1        Sabbatical leaves may be granted for study to members of the teaching staff by the Superintendent subject to the following conditions.

17-2        Not more than two (2) percent of the teaching staff shall be absent on Sabbatical Leave at any one time.

17-3        Requests for Sabbatical Leave must be received by the Superintendent in writing, in such form as may be required by the Superintendent of Schools, not later than December 31 and action must be taken on all such requests not later than April 1 of the school year preceding the school year for which the Sabbatical Leave is requested.

17-4        The teacher must have completed at least seven (7) consecutive full school years of service in the Webster School System.

17-5        Teachers on Sabbatical Leave will be paid at one hundred (l00) percent of their regular salary rate for 12 months, provided that such pay when added to any program grant, will not exceed their regular salary rate.

17-6        Prior to the granting of Sabbatical Leave, a teacher shall enter into a written agreement with the Committee that upon termination of such leave, he/she will return to the service of the Webster School System, for a period equal to twice the length of the leave.  In default of completing such service, he/she shall refund to the Webster School System an amount equal to such portion of salary received by them while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered, unless such default is due to illness or disability which incapacitates them as a teacher for more than 1 year or death.

Article XVIII - Reduction In Force

18-1        If it becomes necessary to reduce the number of positions in the bargaining unit such reductions shall be consistent with the General Laws of Massachusetts and this Agreement, and the Committee shall follow the procedure listed below:

            1.      The Committee shall make every effort to accomplish said reductions by attrition and voluntary resignations.

            2.      Teachers who are not under permanent contract or who are on a temporary status filling leaves of absence will not have their contract renewed.

            3.      If reduction is still necessary, then teachers not deemed to be on professional status will be laid off next in accordance with applicable State Statute.

18-2        When the elimination of a position must occur, volunteers for transfers shall be enlisted first according to transfer policies already contained in the Agreement.

            1.      After all transfers are made, and it becomes necessary to lay off employees, the least senior employees shall be laid off by area of certification.

            2.      Teachers who hold more than one certificate may displace less senior teachers in the subject area in which the laid-off teacher is certified.

18-3        Employees shall be laid off in accordance with this Agreement and the Massachusetts General Laws.

 

               Definitions:

18-4        "Seniority" is defined in the number of total years and days of contracted service within the professional ranks of the Webster Public School System as determined by the actual date of service for pay, under the then prevailing contractual teacher salary scale, excluding any unpaid leaves of absence which leaves shall not be credited for seniority.  However, if a teacher takes an unpaid leave, he or she, when they return to the system would go back on the seniority list at the same level as they were prior to the leave.  Cases of identical seniority in the same subject area shall be resolved by granting preference to the employee with the highest level of educational training as of June 1st of each year.  If these are identical, preference will be given to the employee with the most credits in a subject area (these credits to be filed with the Superintendent of Schools by June 1st of each year).  If identical, then preference will be given to the employee with the most total years of teaching both in and outside the system.

18-5        "Certified" shall mean that the employee has on file with the Office of the Superintendent, evidence that he possesses certification from the Department of Education or that the teacher has all the necessary credits for said certification and all the necessary documents have been filed with the Massachusetts Department of Education.  Certification or proof that the teacher is awaiting such certification must be on file with the Office of the Superintendent by June 1st of each year.

18-6        "Effective date of layoff" shall mean the first day in which the teacher does not perform services in the system in accordance with his/her layoff notice.

               Recall:

18-7        Employees who have been laid off shall be entitled to recall rights for a period of three years.  During the recall period, employees shall have preference for any vacancy or new position for which they are qualified, in the inverse order of their layoff.

18-8        Employees laid off under this Section shall be given priority on the substitute list during said recall period if they so indicate, in writing, to the Superintendent.

18-9        Employees laid off may continue group health and life insurance coverage during said recall period at their own expense.  Failure to forward full payment to the Business Manager shall terminate this option.  This section is subject to provisions of state laws and local by-laws.

18-10            Employees on recall shall be notified by the Superintendent by certified mail, or, if impossible, notice to the last known address, of any open positions within their area of certification in the School System.  Failure to apply for an open full time, permanent  position within his/her area of certifications within fifteen (15) workdays following such notification by the Superintendent shall terminate all rights under this Article.

18-11      All benefits, including salary, but excluding professional teacher status, to which an employee was entitled at the time of lay-off, shall be restored in full upon re-employment within the recall period, unless the contractual language presented by the Superintendent of Schools is accepted by the individual teacher.  Re-employment shall mean a person who has been called back for a period of ninety (90) days or more or that said person has worked ninety (90) days or more throughout the year. 

18-12      A list specifying the seniority of each member of the bargaining unit shall be prepared by the Committee and forwarded to the President of the Association and the Superintendent no later than May 15th of each year.  If no Challenge to the list is made by the Association within thirty (30) calendar days of receipt of the list, the list stands as written.

18-13      The Committee set up to determine seniority status will be comprised of three teachers selected by the WEA and three administrators.  Said Committee will be chaired by a central office administrator.

 

Article XIX - Transfer Policy

19-1        On an annual basis the Superintendent will notify all teachers that they may file a statement of interest in a transfer to a permanent vacancy.  Teachers desiring to transfer shall file such statement with the Superintendent’s office by April 15 of each year.

19-2        Permanent Vacancies (defined as an added position in the table of organization or an ongoing position that has been permanently vacated, except positions created by an enrollment shift within the same school or department) shall be simultaneously posted both externally and internally.  Teachers must apply for such vacancies within ten (10) school days of the posting, except in the month of August when the application deadline shall be five (5) days.  All current employees who apply or have filed a statement of interest applicable to the vacancy shall be given consideration for the vacancy.

19-3        In filling such vacancies, due weight shall be given to the professional background, attainment and seniority of all applicants.  When qualifications are equal, preferential consideration will be given to qualified teachers already employed by the School District.

19-4        In extenuating circumstances, the Superintendent may request and the Association may agree to waive the time limits set forth above.

19-5        Every effort will be made to notify teachers of their schedules for the ensuing year as soon as practicable and under normal circumstances by July 15.  In the case of permanent vacancies occurring during the summer, in addition to the posting set forth above, the President of the Association will be notified and any teacher who has filed a notice of desire to transfer applicable to the vacancy will also be notified.  Teachers will be notified of changes in their assignment which develop during the summer as soon as possible and provided the opportunity to meet with the administration relative to any changes.

 

Article XX - Grievance Procedure

20-1        Definition:  A grievance is defined to be a question, problem, or disagreement which arises concerning (l) the interpretation of application of any provision of this Contract with respect to wages, hours, or working conditions of an employee or employees covered by it or  (2) an alleged violation of any provision of this agreement.  A matter which is reserved to the discretion of the Committee outside the terms of this agreement or by law may not be the subject of a grievance under this agreement.

20-1.1     Informal Procedure for Grievance

               Any teacher or group of teachers having a grievance may discuss the same informally with their immediate supervisor.  A grievance may also be discussed with the Committee upon the recommendation of the Superintendent but the Association shall be notified of the nature of the grievance and of the place and time of the discussion and shall be given the opportunity to have a representative or representatives present at the discussion to state any views of the Association respecting the matter.  No resolution of any grievance  under this informal procedure shall, however, have any effect as an amendment or as a precedent for any formal grievance procedure unless the Association and the Committee shall so agree in writing.  Pursuit of the informal procedure shall not be a condition precedent to the pursuit of the formal procedure provided under Section 20-2.  If any step is omitted in the informal procedure the grievance shall proceed directly to the formal grievance procedure.

20-2        Formal Procedure for Grievance

20-2.l      Level One.  The teacher and/or a representative of the Association shall present a written statement of the grievance to the teacher's principal within ten (10) school days of the date of the grievance or his/her knowledge of its occurrence.  Such principal, the teacher, the teacher's department head and if the grievant so desires a member of the Association shall meet within four (4) school days thereafter in an effort to settle the grievance.

20-2.2          Level Two.  If the grievance shall not have been disposed of under Level One to the satisfaction of the teacher and/or the Association within ten (10) school days after such meeting in Level One above, and the teacher or the Association shall have determined to proceed further, the teacher or a representative of the Association shall, not later than ten (10) school days after the written statement under Level One was presented, present a written statement of the grievance to the Superintendent who shall meet with the teacher,  the teacher's principal and a representative of the Association within ten (10) school days thereafter in an effort to settle the grievance.

20-2.3          Level Three:  If the grievance shall not have been satisfactorily resolved within ten (10) school days after the meeting with the Superintendent at Level Two, the Association may, within five (5) school days thereafter, present a written statement of the grievance to the Committee if the matter being grieved is under the Committee’s legal jurisdiction.  The Committee will meet with the grievant(s), Superintendent and Association within fifteen (15) school days thereafter at a regularly scheduled Committee meeting in an effort to settle any grievance so submitted and shall have ten (10) school days in which to respond to the grievance.  Grievances outside of the Committee’s jurisdiction may be submitted to arbitration subject to the following paragraph.

20-3        Arbitration 

               The Association may, by giving written notice to the School Committee within five (5) school days next following conclusion of such period of twenty (20) school days, present the grievance for arbitration; in which case the School Committee and the Association shall forthwith submit the grievance to the American Arbitration Association for disposal in accordance with the applicable rules of the said tribunal.  The jurisdiction of the arbitration of the terms of this agreement; the tribunal shall not have authority to alter, modify or amend this agreement.  The decision of  the tribunal within the scope of its jurisdiction shall be final and binding upon the parties hereto.  The fees of the tribunal 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.  If any payment on account of the Committee's obligation is denied or refused as illegal by any official (other than a member or an official of the Committee) having the power to deny or refuse such payment, the fees of the tribunal shall be paid by the other party hereto.  In no event shall any present or future member of the Committee have any personal obligation for any payment under any provision of this agreement.

20-4        General Provisions

20-4.l      Determinations of formal grievance shall be in writing, shall include a statement of the reasons therefore, the contract article alleged in violation and the remedy sought, and shall be transmitted promptly to the grievant, to the Association and to the Committee.

20-4.2     Failure of the person or persons to whom presented to make a determination with respect to a grievance by the applicable time limits after presentation shall be deemed denial of the grievance.

20-4.3     Time for meetings to discuss grievances shall be scheduled outside of the school day, unless in the judgment of the appropriate administrator, a meeting  during the school day is desirable to facilitate the production of appropriate information.  Attendance by  teachers and by Association representatives at grievance meetings held during the school day shall constitute authorized absence without loss of pay.

20-4.4     At the request of the Association, after a teacher has discussed a grievance with it, the Committee will make available to the Association such documents and data as the Committee may possess which pertain to the grievance all of which are public records.

20-4.5     Records.  While both parties may maintain files of grievances and the disposition thereof, the Committee shall not make any entry or file any paper in the personnel file of any teacher involved in a grievance except as may be required to implement the disposition thereof.

20-4.6     No reprisals of any kind shall be taken by any party hereto against any person who participated in any grievance proceeding by reason of such participation.

20-4.7     No grievance in process during the term of the Agreement shall lapse because of the expiration or termination of this Agreement.  For any grievance not resolved by the last day of the teacher-year, the phrase "school days" shall no longer apply and the phrase "week days" shall apply.

20-4.8     If a grievance affects a group or a class of teachers from more than one school, the Association may commence a grievance on behalf of such group or class at Level Two by submitting the grievance in writing to the Superintendent and affected principals.  Said grievance  shall describe the group or class of teachers affected.

 

Article XXI - Salaries

21-1        Salaries for all personnel covered by this Agreement are attached hereto as Appendix A, B, C,  D, E and F as well as the Notes, and are hereby made a part of this Agreement.

21-2        Any expected change in a teacher's salary due to added preparation or advanced degrees as provided in the salary schedule, shall be indicated in writing to the Superintendent's office by December 1st preceding the next school year.  Failure to notify the Superintendent by this date will result in a delay of salary advancement to the next school year.

21-3        The Committee agrees that teachers shall be placed on the appropriate step on the salary scale each September depending on advanced hours and degree  provided that the teacher adhered to the terms of Article 21-2.

21-4        Salaries covered by this agreement are based on 185 working days. 

21-5        All employees covered by this Agreement will be paid every other Thursday, beginning with the 2nd Thursday of September in 21 equal payments with the last payment payable by June 30th plus five payments in a lump sum.

21.6       An employee required to use his/her personal vehicle for school business will be paid for mileage at the IRS rate currently prevailing.

 

Article XXII - Course Reimbursement

22-1        The Committee agrees to pay costs of graduate-level  courses taken for professional improvement by individuals covered by this agreement under the following conditions:

1.      The Superintendent must approve all courses prior to enrollment.  Payment will be made for tuition costs of courses taken by teachers of professional status for professional improvement in their areas of concentration and/or  assignment.  Such approval shall not be unreasonably withheld. Teachers wishing to take courses not applicable to the above must receive prior written approval of the Superintendent of Schools in order to receive reimbursement.  Nurses will be reimbursed for both graduate and undergraduate courses in the health / medical field.

2.      The teacher must receive a grade of B or better, or a 'pass' grade from the graduate school.

3.      Payment shall be made within thirty (30) days next following presentation to the Superintendent of evidence of successful completion of a course(s), and a copy of the receipted tuition bill.  Course intention forms shall be filed by teachers no later than two (2) weeks prior to the start of the first class meeting.  Such forms shall be available in each school and may be filed within the respective school office.

4.      a. Professional Teacher Status - maximum of six (6) credits per year; and

         b. Non-Professional Teacher Status – maximum of three (3) credits per year.

         at the rate set by the University of Massachusetts, Amherst.

 

Article XXIII - Insurance

            Health Insurance

23-1.    For the contract year 2007-2008, the Master Health Plus premium shall be shared at eighty percent (80%) by the Town and twenty percent (20%) by the employee. In the years 2008-2009 and 2009-2010, the Master Health Plus premium shall be shared at seventy-five percent (75%) by the Town and twenty-five percent (25%) by the employee.

 

23-2.    For the contract period July 1, 2007, through June 30, 2008, the premium rates for any and all HMO plan offerings shall be shared at  eighty percent (80%)  the Town and twenty percent (20%) by the employee. In the years 2008-2009 and 2009-2010, the premium rates for any and all HMO plan offerings shall be shared at seventy-five percent (75%) by the Town and twenty-five percent (25%) by the employee.

23-3.        All employee health insurance contributions will be based upon pre-tax dollars.

23-4          Any employee who elects to obtain health insurance other than through the Town of Webster shall receive a stipend of Five Hundred Dollars ($500.00) each year of contract.  This provision also applies to employees who opt not to receive Town insurance because their spouse or other family members obtain health insurance through the Town of Webster.

23-5          The Blue Cross-Blue Shield Master Health Plus Insurance splits referenced above are based upon premium rates established through the continuation of the self-insurance rate arrangement rather than the premium rate basis arrangement.

 

Conclusion

            The provisions of this Agreement shall be effective as of July 1, 2007 and will remain in effect through June 30, 2010.  Negotiations for a subsequent agreement will commence no later than the first Monday in October upon written request of either party.

              

            In the event either party wishes to modify or amend this Agreement, written notice thereof shall be given to the other party at least thirty (30) days prior to the consideration of said modification or amendment and if said amendment or modification is thereafter mutually agreed upon, this Agreement will be so amended.

            In Witness Whereof the parties of this Contract have caused these present to be executed by their agents hereunto duly authorized, and their seals to be affixed hereto, as of the date first above written

 

NOTES:    

1.  An annual stipend of $400.00 will be paid to all unit members who have completed twelve (12) through eighteen (18) years of service in the Webster Schools; an annual stipend of $1100.00 will be paid to all unit members who have completed nineteen (19) through twenty-five (25) years of service in the Webster Public Schools; an annual stipend of $1500.00 will be paid to all unit members who have completed twenty-six (26) through thirty-two (32) years of service in the Webster Public Schools; and, an annual stipend of $2200.00 will be paid to all unit members who have completed thirty-three (33) or more years in the Webster Public Schools. 

 

Step	Years of Service	Stipend
Step 1	12-18	400
Step 2	19-25	1100
Step 3	26-32	1500
Step 4	33 +	2200

         Said stipends will be paid in a lump sum no later than December 31.  The Seniority List will be used to determine unit member eligibility for this stipend.  Unit members who complete twelve, nineteen, twenty-six or thirty-three years after January 1 of the then current school year must wait until the following year to receive the first stipend or move to a higher stipend.

 

    B. Teachers who have completed twenty (20) years of service in Webster may elect a one time longevity payment of $5,000 per year for three (3) consecutive years following election as provided herein.  Election shall be made in writing by December 15^th in the school year prior to the school year in which the enhanced longevity payment will commence.  Upon such election, a teacher shall be entitle to the $15,000 sum, unless terminated for just cause.    At the election of the individual employee and subject to the legal limitations, the enhanced longevity payment may be deposited directly into a 4.03 (b) plan.

C.  Nurses covered under this contract shall hold a current license as a registered nurse from the Commonwealth of Massachusetts. ARTICLE VI shall not apply to Nurses.

D.     Nurses will be required to review health records of incoming Kindergarten students and schedule and assist with pre-athletic exams as part of their work year.

E.  Any employee covered by this Agreement who is required to extend their work year and perform their duties beyond the normal contractual year shall, if such requirement is approved by the Superintendent, be paid at his/her per diem rate.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix “A”

Coaching Stipends

 

 

         NOTES:

         Coaches are represented in this Agreement through the above salary schedule only, and are not affected by other language provisions; except insofar as they may be employed as teachers in the Webster Public Schools.  To clarify, teachers in the Webster Public Schools who also accept coaching positions surrender no rights or benefits under this Agreement except that in their coaching positions they serve at the will of the School Committee.

 

 

 

	FY 08	FY 09	FY10
	2.5%	3%	3.5%
Athletic Director	9000	9270	9594
Baseball JV	2701	2782	2879
Baseball Var.	3816	3930	4068
Basketball (Fresh)	2444	2517	2605
Basketball JH (B&G)	2228	2295	2375
Basketball JV (B&G)	3172	3267	3381
Basketball Varsity (B&G)	4930	5078	5256
Cheerleader (Fall)	1632	1681	1740
Cheerleader JV	1632	1681	1740
Cheerlead. (Winter)	2000	2060	2132
Cross Country (B&G)	2701	2782	2879
Football, Head Coach	5743	5915	6122
Football Asst	3515	3620	3747
Football Asst.	3515	3620	3747
Football Asst.	3515	3620	3747
Fresh. Football	3515	3620	3747
Golf	2150	2215	2293
Indoor Track  (B&G)	1632	1681	1740
MS Intramurals	1502	1547	1601
MS Intramurals (Asst)	942	970	1004
Soccer JV  (B&G)	2701	2782	2879
Soccer Var. (B&G)	3645	3754	3885
Softball JV	2701	2782	2879
Softball Varsity	3816	3930	4068
Tennis (B&G)	2701	2782	2879
Track  (B&G)	3345	3445	3566
Trainer	4758	4901	5073

 

 

 

 

 

 

Appendix “B”

Co-Curricular Stipends

 

 

	FY 08	FY 09	FY 10
		3%	3.5%
Art Club	1400	1442	1492
Band Director	1400	1442	1492
Chess Club	450	464	480
Chronicle	1650	1700	1760
Chronicle	1650	1700	1760
DECA	450	464	480
Freshman Class Adv	1050	1082	1120
Future Teachers	1100	1133	1173
Jr. NHS	625	644	667
Junior Class Adv	1100	1133	1173
Math Team JV	1050	1082	1120
Math Team Varsity	1050	1082	1120
Medical Careers	1050	1082	1120
Musical Programs	1050	1082	1120
National Honor Society	1577	1624	1680
National Honor Society	1577	1624	1680
Science Fair Jr	700	721	746
Senior Class Advisor	1650	1700	1760
Senior Class Advisor	1650	1700	1760
Show Choir	2600	2678	2772
Ski Club	450	464	480
Sophomore Class Adv	1050	1082	1120
Student Council (Jr)	1650	1700	1760
Student Council (Sr)	2000	2060	2132
Super Team	550	567	587
WMS Art Club	1400	1442	1492
WMS Newspaper	625	644	667
WMS Yearbook	450	464	480
WMS Yearbook	450	464	480

 

 

 

         NOTES:

A.     No stipend will be paid for any activity involving fewer than 12 students.

B.      There is an expectation that clubs involve significant after-school hours.

 

 

 

 

 

 

 

 

 

 

Appendix “C”

Compensation:   2007-2008 and 2008-2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix “C”

Compensation:  2009-2010

 

 

Appendix D

 Department Heads

              

         NOTES:

A.     The following departments at Bartlett High School will be represented by a department head:  Art,  Business,  English  Foreign Language,  Guidance, Mathematics, Music,  Science, Social Studies , Special Education and Physical Education

B.      Department Head stipends will be:

         a. Year #1 - $1700.00 plus $70.00 per department member (excluding department head)

         b. Year #2 - 3% increase; and

         c. Year #3 -  3.5% increase.

C.      All Department Chairs will hold K-12 responsibilities for curriculum development in their field.

D.     Those departments not represented in the elementary school shall assist the High School principal with special projects as requested.

Appendix E

Grade Level Coordinators

1. Stipends:

      a.  Year #1 - $1700.00 plus $65.00 per grade level or team members (excluding leader);

      b.  Year #2 - 3% increase

      c. Year #3 - 3.5% increase

 

B.  ESL Coordinator

a.       Year #1 - $1700

b.      Year #2 – 3% increase

c.       Year #3 – 3.5% increase

Appendix F

Mentors

A.     Stipends:

a.       Year#1$2000.00 plus $100.00 per teacher;

b.      Year#2 – 3% increase; and

c.       Year#3 – 3.5% increase.

 

     

 

 

 

 

 

 

 

 

 

Teacher Performance Assessment Program

 

 

Webster Public Schools

Webster, Massachusetts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May, 2007

 

 

 

 

 

 

 

 

 

 

 

Members of the Design Committee

 

Gregory Ciardi, Webster Public Schools

John Daniel, Bartlett High School

Joan Dio, Webster Public Schools

David Ellis, Bartlett High School

Ellen Jeffers, Park Avenue Elementary School

Lynn Gingras, Webster Middle School

Michael Hackenson, Bartlett High School

Linda Millet, Webster Middle School

Kathleen Oteri, Park Avenue Elementary School

John Paire, Bartlett High School

Jason Phelps, Webster Middle School

Susan Plasse, Webster Middle School

Deborah Puishys, Park Avenue Elementary School

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Charge to the Committee

 

 

We will, by February 2007, create a proposal for a revision to our Teacher Evaluation System.

 

This proposal will describe a system that is:

 

 

·         Fair, equitable and efficient

·         Growth-enhancing, inspiring teachers toward career-long learning

·         Differentiated, taking in account the varying needs of teachers and their students

·         Aware of the needs of novice teachers, providing support, training and assessment

·         Aware of the needs of experienced teachers, providing opportunities for self-reflection, collaboration, self-assessment and high-quality feedback from colleagues and administrators

·         Able to recognize and share excellence in teaching practice

·         Able to recognize and to humanely and effectively address teaching practice not matched to or not meeting the standards of our system

 

 

We will create this proposal using models from other school districts, findings from research, and attention to our own culture, history and standards.

 

We will work together using open, honest communication. We will at all times represent our points of view as clearly as we can. We will agree and disagree in an effort to understand each other.

 

We will keep the faculty, staff, and all constituents aware of the progress of our deliberations through occasional bulletins of our proceedings. We will accept and use feedback from members of the school community.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Philosophy

 

Of all the factors that are important to student achievement in productive schools, the most important is what individual teachers believe, know and can do.  The National Commission on Teaching and America’s Future has called for schools and school districts to dedicate themselves to the educational birthright of every student:  “access to caring, competent and qualified teachers.”

 

In order to promote a high quality of teacher performance and to advance the instructional program of the Webster Public Schools, a continuous program of teacher professional development has been established.  The Teacher Performance Assessment Program seeks to support the professional development of teachers and to assure the community, parents, students and ourselves that every student has access to high quality teaching.

 

Webster’s Teacher Performance Assessment Program will:

• Promote high standards of teaching and learning
• Encourage teacher growth through collaboration and reflection
• Ensure quality teaching throughout the district
• Assist in personnel decisions

 

This Teacher Performance Assessment Program is intended to promote student performance and achievement, enhance teacher professional performance, and promote continuous improvement. Based on the work of the National Board for Professional Teaching Standards, five broad standards of teacher performance have been established.

 

I.             Teachers are committed to all students and their learning

II.           Teachers have a rich understanding of the subjects they teach and how to teach them to students

III.         Teachers continually plan, assess student progress, analyze results and adapt instruction to improve student achievement

IV.         Teachers are committed to continuous improvement and professional development

V.           Teachers exhibit a high degree of professionalism

 

Under this Teacher Performance Assessment Program, the evaluation of teaching performance will be continuous, long-term, imbedded in dialogue, and based on all aspects of teaching and learning.

 

 

 

 

 

 

 

 

 

 

 

Teacher Performance Standards and Criteria

 

Teachers employed by the Webster Public Schools must meet the five performance standards as demonstrated by all listed criteria.

 

 

I.             Teachers are committed to all students and their learning:

                     

A.   Teachers communicate the messages;

·         This is important

·         I know you can do it

·         I won’t give up on you

 

                    Sample Indicators:

1.   Provide opportunities for students to receive individual support as needed, and persevere in supporting students to attain success.

2.   Communicate to students that they are capable and their efforts will lead to achievement.

 

B.   Teacher promotes high standards and expectations for student achievement.

 

                    Sample Indicators:

1.   Motivate all students to learn, instilling self-confidence and perseverance. (e.g. engaging all students equally.)

2.   Provide prompt and specific feedback to students on their work and progress toward goals (e.g.- conferencing with students, providing visual representation of growth through charts, graphs.)

3.   Provide examples of quality student work for student reference.

 

C.   Teachers understand how students differ in their approaches to learning, and they adapt their instruction to meet the diverse needs of students.

 

                    Sample Indicators:

1.   Access pertinent student information to meet student academic needs.

2.   Design lessons that incorporate multiple modalities of learning.

3.   Dialogue with all educational service providers to maximize student opportunities.

 

D.  Teachers establish a constructive learning atmosphere that promotes positive student attitudes and encourages students to work to the best of their abilities and to take pride in their achievements.

 

Sample Indicators:

1.   Develop and follow an effective classroom behavior management system.

2.   Arrange space and materials to support instruction and to accommodate the needs of all students.

3.   Model and practice classroom procedures and routines.

4.   Pace lessons appropriately, make efficient transitions, and have materials prepared.

 

II.          Teachers have a rich understanding of the subjects they teach and how to teach them to students.

 

 A. Teachers have a command of the subject area knowledge and can convey their knowledge clearly to students

 

      Sample Indicators

1.   Display a depth and breadth of content knowledge in the field

2.   Teach the curriculum for the grade level and subject as defined by the District and State Curriculum Standards

3.   Plan lessons that focus on essential understanding of their subject area

4.   Understand curricular objectives and communicate them clearly and explicitly

 

       B. Teachers demonstrate to students how their subject area is related to other disciplines

 

      Sample Indicators

1.   Engage in conversations utilizing vertical and horizontal curriculum maps

2.   Create project based units that are interdisciplinary

 

C.  Teachers connect their subject area to the everyday lives with real world        application

  

           Sample Indicators

1.   Connect lessons to current events

2.   Create learning experiences that make the subject matter meaningful to the students

 

III.     Teachers continually plan, assess student progress, analyze the results, and adapt instruction to improve student achievement.

 

A.  Teachers clearly articulate their learning goals for students.

 

Sample Indicators

 

1.   Develop and communicate essential understandings, key questions, unit questions, and lesson objectives

2.   Develop and communicate clear criteria for success for student work using models, rubrics, exemplars/anchor papers, etc.

 

3.   Develop strategies to help the student engage in self-assessment, instilling in them a sense of responsibility for monitoring their own learning

4.   Inform students and their families of student progress on a regular basis

 

B.  Teachers use a variety of formal and informal assessment techniques.

 

Sample Indicators

 

1.   Gather data about student performance and other relevant information from a variety of sources

2.   Assess student knowledge before (pre-assessment), during (formative assessment), and after instruction (summative assessment), and make appropriate adjustments

3.   Plan instruction that create links between students’ prior knowledge and new learning

4.   Utilize a clearly defined grading system and maintain accurate timely records of student performance

 

C.  Teachers analyze student performance level and plan instruction accordingly.

 

Sample Indicators

 

1.   Use assessment data to ensure that every student is progressing toward state, local, and district standards

2.   Reteach as needed using alternate strategies

3.   Use appropriate assessment strategies such as test, quizzes, reports, performance assessments and exhibitions to monitor student learning

 

D.  Teachers adapt instruction for the learning needs of their students.

 

Sample Indicators

 

1.   Incorporate a variety of instructional practices and activities in their daily planning

2.   Make adjustments to assessments to accommodate learning styles

3.   Utilize new strategies to reteach as indicated through assessments

 

IV.         Teachers are committed to continuous improvement and professional development.

                     

A. Teachers continually reflect upon their practice in promoting student learning and seek appropriate professional development. 

 

                 Sample Indicators:

1.   Reflect on own strength and area for growth and modify instruction accordingly.

2.   Develop and maintain a portfolio or other means of assembling evidence of meeting evaluation standards.

3.   Modify instruction based on communication from formal, informal, and peer observations.

4.   Examine student work with colleagues to analyze and adjust instruction. 

B. Teacher draws upon educational research and research-based strategies in planning instructional content and delivery.

 

                   Sample Indicators:

1.   Attend and reflect upon workshops, conferences, and activities sponsored by the district and professional organizations; brings ideas back to the school and tries them in his/her own instructional practices.

2.   Review current research; use current research as a foundation for planning instructional content and delivery.

 

C. Teachers seek the advice of others to improve their practice.

 

                  Sample Indicators:

1.   Share material and experiences with colleagues; plans, evaluates, and reflect with colleagues on lessons.

2.   Engage in peer visits, consultations, and reflections.

3.   Seek the support of colleagues and are open to applying advice or suggestions.

4.   Engage in dialogue, problem solving, planning, or curricular improvement with other teachers in the same grade level or subject discipline within the school and district.

 

 

        V.    Teachers exhibit a high degree of professionalism

 

A. Teachers know that intellectual growth cannot be separated from students’ physical, emotional and social well-being.

 

Sample Indicators:

1.   Participate in setting goals and implementing school-wide plans for student behavior management.

2.   Regularly monitor student behavior beyond the classroom and reinforce appropriate student behavior.

3.   Report discipline or other problems to the administration in a timely manner after making appropriate attempts to solve problematic classroom situations.

4.   Provide data and feedback about student progress for course placement, parent conferences, meetings as requested in a timely manner

5.   Coordinate services to students with other specialists.

 

B.   Teachers establish respectful, productive partnerships with families in support of student learning.

 

 

 

Sample Indicators:

 

1.   Welcome and inform parents of the goals and objectives for student learning and suggest ways parents can be partners in their students’ learning.

2.   Represent the school well when dealing with students, parents, and other members of the community.

3.   Communicate regularly and in a timely manner with parents about student academic progress.

 

C.    Teachers contribute to the schools effectiveness by collaborating with other professionals.

 

Sample Indicators:

 

1.   Participate in or take a leadership role in working with other teachers and administrators to analyze and construct curriculum and to plan instructional program.

2.   Engage in dialogue, problem solving, planning or curriculum improvement with other teachers in the same grade level or subject.

3.   Participate in grade level or department meetings to examine and promote student learning.

4.   Participate in school and district level committees and working groups to design and redesign school programs.

5.   Serve as a mentor and informal mentor to others.

 

D.    Teachers follow the policies of the school committee and the legitimate procedures of the school administration.

 

Sample Indicators:

 

1.   Participate in grade level or department level team meetings to examine and promote student learning

2.   Participate in required staff, team, department meetings and parent conferences.

3.   Develop and teaches objectives that reflect local school improvement goals.

4.   Meet professional obligations (arrives at work on time, starts and ends classes on time, leaves well-planned lessons when absent, submits paperwork or reports in a timely manner).

 

 

Procedures

 

The Webster Public Schools holds itself and all of its teachers to high, rigorous standards on behalf of all of our students.  Teachers employed by the Webster Public Schools meet the five Performance Standards as demonstrated by all listed criteria.

 

 

Performance Assessment Tracks

 

All teachers will be assigned to one of the three assessment racks as follows:

 

I.             Initial Performance Assessment:  all teachers who do not yet hold Professional Status in the Webster Public Schools

 

II.          Performance Assessment and Professional Development Cycle:  all teachers who hold Professional Status in the Webster Public Schools and about whom the district has no significant performance concerns

 

III.       Focused Assistance:  teachers with Professional Status whose performance causes the district significant concerns and who require immediate and substantive assistance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Track I. Initial Performance Assessment for Teachers without Professional Status

Goals

 

1. Provide maximum interaction between evaluators and teachers who have not yet achieved professional status in order to help these teachers understand the performance requirements identified in the Webster Teacher Appraisal Program.

 

2. Provide evaluators with working data in order to identify areas for professional growth and to secure appropriate resources.

 

3. Maximize evaluators’ opportunities to help teachers without professional status develop instructional practices that meet student needs.

 

4. Provide evaluators with adequate evidence in order to make legitimate personnel decisions.

 

Program Elements

 

In addition to all of the other elements of the Webster Teachers Appraisal Program, teachers without professional status shall be provided the following:

 

1. A minimum of six (6)classroom visits (walk throughs) each year; three (3) to occur prior to January 1

 

2. A formal performance assessment conference; such conference to be held prior to January 1 and to include identification of any area in need of improvement and a discussion of resources that will be considered to address those areas.

 

3. A Formal Assessment Report describing and assessing performance on all of the Webster Public Schools Standards of Performance

 

Teachers without professional status whose performance and progress in mastering the complexities of teaching do not meet the expectations of the Webster Public Schools:

 

• will be given explicit feedback after each classroom visit about the standards in question and the difference between their present level of performance and the level expected

 

• will have appropriate opportunities for help, information and support by the evaluator as soon as significant patterns of poor performance are noted and discussed; such opportunities may include, but are not limited to, working with a mentor, a curriculum specialist, a grade level coordinator or department head, a colleague or colleagues particularly skilled in the area of concern, a university program or an outside consultant

 

• will not be eligible to receive focused assistance as described in this document but may receive help and support through an assistance team

 

Track II. Performance Assessment and Professional Development Cycle

 

Goals

 

1. Encourage and support teacher professional development in support of measurable growth in student learning

 

2. Acknowledge the complex nature of teaching and learning

 

3. Determine the effectiveness of teaching practices

 

4. Assist teachers in self-assessment, reflection and enlightened risk

 

 

Program Elements

 

1. In the first year of a three year cycle, the teacher will develop a three year professional development plan. This plan should

 

1. be based on an analysis of existing student achievement data
2. include student achievement goals and benchmarks
3. identify teaching practices needed to achieve those goals
4. plan professional development goals and activities to enhance those practices.

 

2. During the first, second and third year of the cycle, the teacher will track progress toward the achievement of the student achievement goals and the professional development goals planned to achieve them.

 

3. In the third year of the cycle, the teacher will prepare a progress report analyzing changes in student achievement and relating those changes to teaching practice. This analysis should lead to the development of preliminary goals for the next three year cycle.

 

4. Also in the third year, the teacher’s evaluator will prepare a formal assessment report analyzing and assessing the teacher’s performance in each of the five Standards of Performance. This report will be based on all available sources of data, including but not limited to, the teachers goals progress report, classroom observations, and work products. A list of possible sources of assessment data is included in this document.

 

 

 

 

 

 

 

 

 

 

Track III. Focused Assistance for Teachers with Professional Status

 

Goals

 

1. Provide clear processes for intervening to protect student learning and safety and to help teachers with professional status improve their teaching performance.
2. Use multiple sources of data both to diagnose performance problems clearly and directly and to identify when sufficient improvement has been made.
3. Set guidelines for an appropriate response to incompetent performance or insufficient progress.

 

Program Elements

 

1. A teacher will be assigned focused assistance as a result of any of the following:

1. formal assessment of teaching determining that the performance of a teacher with professional status does not meet one or more of the five Standards of Performance
2. evidence from several sources of data suggesting that a teacher with professional status having sustained difficulty in providing  competent, caring, high quality instruction to all students and requires more than informal support or short-term help during any point in the three year assessment cycle
3. evidence that indicates student safety or opportunities to learn are being compromised by a teacher with professional status at any point in the three year assessment cycle.

 

2. The administrator will provide formal written notice of performance concerns, with identification of the specific standard(s) and criteria to be addresses and the evidence used to make that determination. This written notice will be provided to the teacher and to the superintendent.

 

3. The administrator and the teacher will agree as to the membership of an assistance team whose role will be to provide support and assistance to the teacher and to assess progress toward identified standards of performance. The requirement for an assistance team may be waived with the mutual consent of the administrator and the teacher.

 

4. The administrator, the teacher and, potentially, the assistance team will develop an improvement plan that includes targets for performance improvement, resources to be supplied by the district, timelines for implementation and documented evidence of progress.

 

5. The administrator, among all the other improvement plan assessments, will conduct at least three classroom observations of full lessons to determine the impact of the improvement plan on classroom performance. Each classroom observation will be captured in a report citing claims, evidence to support those claims, and analysis of the likely impact on student learning given the teaching cited in those claims.

 

6. During the last two months of the academic year in which focused assistance has been provided, the administrator will provide a written report to the superintendent indicating:

4. all standards have been met and the teacher should return to the assessment cycle, or
5. all standards have not been met but the evaluator deems the improvement to be substantive and comprehensive enough to warrant a second year of focused assistance, or
6. all standards have not been met, progress in the improvement plan has been unsatisfactory and termination proceedings should begin.

 

A copy of this report will be provided to the teacher.

 

7. The superintendent will provide written notice to the teacher within two weeks of receiving the evaluation report. Should termination proceedings be considered, this notice will outline all appropriate steps, including any right to appeal.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Forms and Procedures

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Webster Public Schools

Teacher Performance Assessment Program

Year 1

 

 

 

Teacher Name:

Assignment:

School:

School Year:

Evaluator:

 

 

Student Achievement Data

(August – October)

 

Teachers, with the assistance of colleagues, will study and analyze existing trend data about student achievement

 

Long-term Analysis. Working with colleagues, list available student achievement data, and prepare an analysis including identifiable student strengths and areas for improvement.

 

 

Annual Analysis. Analyze the available student achievement data for the students in your class, or under your responsibility.

 

Webster Public Schools

Teacher Performance Assessment Program

Year 1

 

 

 

Goal Setting

(October)

 

Teachers, with assistance of colleagues and the approval of the principal or designee, will develop long-term goals for improvements in student achievement.

 

List long term goals (three years) for general improvements in student achievement.
Teacher Signature:	Date:
Administrator Signature:	Date:

 

 

Teachers, with assistance of colleagues and the approval of the principal or designee, will develop annual goals for improvements in student achievement.

 

List annual goals for general improvements in student achievement.
Teacher Signature:	Date:
Administrator Signature:	Date:

 

Webster Public Schools

Teacher Performance Assessment Program

Year 1

 

 

 

 

Professional Development Plan

(December)

 

Teachers, with assistance of colleagues and the approval of the principal or designee, will design a Professional Development Plan to support identified improvements in student achievement.

 

Please describe your professional development plan for the next three years. Explain how each professional development goal will be likely to enhance identified areas of need in student achievement. List activities planned to achieve those goals and evidence to track progress.
Teacher Signature:	Date:
Administrator Signature:	Date:

 

Webster Public Schools

Teacher Performance Assessment Program

Year 1

 

 

 

Professional Development Plan Progress

(December – May)

 

Teachers, with the assistance of colleagues, will provide evidence of implementation and efficacy of the Professional Development Plan

 

Year	PD Goals	How will goal enhance student achievement?	Activity planned to achieve goal	Activity accomplished? Y-Yes IP – In Progress NY – Not yet		PDPs	Evidence of Progress
1   E x a m p l e	Increase use of manipulatives in the teaching of fractions	Students will use concrete learning processes to better comprehend abstract concepts	1. Take a course in adapting to learning styles in math instruction 2. Observe Lynn G.’s classes	IP Y	Date	Yes – 45	Lesson Plans (attached) Student  Artifacts (attached)

 

 

Classroom Practices

(August – May)

 

Teachers, with the assistance of a peer observer, principal or designee, will provide a collection of evidence of changes in classroom practice as described in the Professional Development Plan

 

Please describe changes in instruction or practices that you have implemented to meet the needs of the students:

 

Webster Public Schools

Teacher Performance Assessment Program

Year 1

 

 

 

Data Comparison

(May)

 

Teachers, with the assistance of colleagues, will provide evidence of growth in student achievement.

 

Please list enclosed student achievement artifacts (available state and district test results, grade-specific assessments, common tests in content areas, etc.) and provide a written summary of your analysis of student achievement data (What trends have you seen in student progress as a result of gathered data?)

                                                                                            

Goal Refinement

(June)

 

Teachers, with the assistance of colleagues and with the approval of the principal or designee, will refine or solidify existing goals

 

Please restate or refine your goals:

 

 

 

 

Evaluator Comment and Feedback:
Teacher Signature:	Date:
Administrator Signature:	Date:

 

 

Webster Public Schools

Teacher Performance Assessment Program

Year 2

 

 

Teacher Name:

Assignment:

School:

School Year:

Evaluator:

 

 

Professional Development Plan Progress

(August – May)

 

 

Teachers, with the assistance of colleagues, will provide evidence of implementation and efficacy of the Professional Development Plan

 

Please continue to record progress toward goals on the form begun in Year One.

 

 

 

Classroom Practices

(August – May)

 

Teachers, with the assistance of a peer observer, principal or designee, will provide a collection of evidence of changes in classroom practice as described in the Professional Development Plan

 

Please describe changes in instruction or practices that you have implemented to meet the needs of the students as a result of your data analysis:

 

Webster Public Schools

Teacher Performance Assessment Program

Year 2

 

 

 

Data Comparison

(May)

 

Teachers, with the assistance of colleagues, will provide evidence of growth in student achievement.

 

Please list enclosed student achievement artifacts (available state and district test results, grade-specific assessments, common tests in content areas, etc.) and provide a written summary of your analysis of student achievement data (What trends have you seen in student progress as a result of gathered data?)

 

 

Goal Refinement

(May - June)

 

Teachers, with the assistance of colleagues and with the approval of the principal or designee, will refine or solidify existing goals

 

Please restate or refine your goals:

 

 

Evaluator Comment and Feedback:
Teacher Signature:	Date:
Administrator Signature:	Date:

 

 

Webster Public Schools

Teacher Performance Assessment Program

Year 3

 

 

Teacher Name:

Assignment:

School:

School Year:

Evaluator:

 

 

Professional Development Plan Progress

(August – May)

 

 

Teachers, with the assistance of colleagues, will provide evidence of implementation and efficacy of the Professional Development Plan

 

Please continue to record progress toward goals on the form begun in Year One.

 

 

Please prepare a written reflection of the learning acquired through your Professional Development Plan over the previous three years.

 

Webster Public Schools

Teacher Performance Assessment Program

Year 3

 

 

Student Achievement Data

(August – April)

 

Teachers, with the assistance of colleagues, will provide evidence of growth in student achievement.

 

Please list enclosed artifacts (i.e. – available state and district test results, grade-specific assessments, common tests in specific content areas, etc.) Prepare a written summary of your significant findings from the analysis of the data.

 

 

Webster Public Schools

Teacher Performance Assessment Program

Year 3

 

 

Formal Assessment Report (to be completed by the supervising administrator)

May

 

Please prepare a report detailing the teacher’s performance under each of the five Standards of Performance. For each standard, include specific claims describing the performance, support each claim with evidence, and analyze the most likely impact on student achievement given the performance cited. Use all available and legitimate sources of data as evidence to support claims. Include a summary assessment with commendations, recommendations and expectations.

 

 

______________________________                             ______________________

Signature of Evaluator                                        Date

 

 

By signing below, I certify that I have read the above report. My signature below does not necessarily indicate agreement with its content or conclusion. I understand that I have the right to attach additional comments.

 

 

______________________________                             ________________________

Signature of the Teacher                                              Date

 

 

 

 

 

 

 

 

 

 

 

 

Webster Public Schools

Teacher Performance Assessment Program

Walk Through Observation Form

 

 

Teacher __________________________________________________

 

Class ____________________________________________________

 

Date ___________________________   Time ___________________

 

Posted learning goal or objective: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Claim	Evidence
Claim	Evidence
Claim	Evidence
Follow-up question
Teachers are encouraged to respond to the follow-up question in a conversation with the administrator as soon as possible. These conversations may be brief and informal, or more scheduled and more formal, as needed.

 

Possible Sources of Data for Teacher Performance Assessment

 

Item

1.       Examples of contribution for the Good of the School

2.       Classroom Observation

3.       Gradebooks / Teacher Grading System

4.       Evidence of Lesson Accommodation for Individual Students

5.       Demonstrated Progress Toward Goals – written reports

6.       Student Portfolios

7.       Recorded of Report Submissions (ex: email)

8.       Teacher Plan Books

9.       Teacher Attendance Records

10.    Teacher Arrival and Leaving Times

11.    Notes of Responses to Feedback

12.    Teacher Analysis of Test Results and District Test Scores

13.    Teacher Work Products

14.    Walk Through Notes

15.    Agendas Listing Teacher Presentation / Meeting Notes

16.    Records and Attendance Workshops;  PD

17.    Participation on Committees

18.    Office Referrals

19.    Log of Parent Calls / Communications

20.    MCAS Scores

21.    Failure / Retention Rates

22.    Use of Student Surveys

23.    Use of Parent Surveys

24.    Records of Mentor Activities

 

 

Glossary

Assistance Team – A group of colleagues formed to assist a teacher when there are performance issues

 

Colleagues – Educators who work together in a professional capacity within the Webster Public Schools

 

Designee – MA certified principal, assistant principal or other MA certified administrator

 

Evaluator – Principal or designee

 

Focused Assistance – Evaluation procedures followed when a teacher has professional status in the Webster Public Schools and there are significant concerns about the teacher’s performance

 

Formal Assessment Report - Formal written report completed by an evaluator detailing the teacher’s performance determined by the five Standards of Performance

 

Initial Performance Assessment - A guided assessment program for teachers without professional status in the Webster Public Schools

 

Long Term Analysis – The interpretation of data trends related to student achievement over a one-to-three year period

 

Long Term Goals – Specific, measurable, action-oriented targets for growth that are actualized over a three-year period, focusing on both teacher capacity and student achievement

 

Walk Through – A brief, informal classroom observation conducted by an administrator or designee

 

Written Notice – A formal letter of concerns reduced to writing and delivered to the teacher by hand, interoffice post, delivery service, or USPS mail.

 

MEMORANDUM OF AGREEMENT

 

The Webster School Committee and the Webster Educators' Association, by their
respective bargaining terms, subject to ratification by their constituent bodies herewith agree
to amend their collective bargaining of July 1, 2007 to June 30, 2010 as follows:

1.            ARTICLE XXIII Insurance - add to Section 23-2 the following:

"Effective with the 2010-2011 year, an alternate HMO plan with increased co-pays is
available. Participation in such plan is voluntary at the option of the employee/'

2.            ARTICLE XVIII Reduction Force - add to Section 18.3 as follows:

"Thirty (30) days prior to a layoff the Superintendent will meet with Association
representatives to discuss the layoff and implementation of the layoff."

3.            Atricle I Recognition, add to Section 1-1 the following:

"When a new position is added to the bargaining unit the Association President will be
notified in writing and provided a copy of the job description for the position,"

4.                  ARTICLE II Association Rights, add a new Section 2-12 as follows:
"Representatives of the Committee and the Association will meet three (3) times per
year for the purpose of discussion of issues of mutual concern."

5.                  ARTICLE VII Evaluation - delete the last sentence of Section 7-1 and replace as
follows:

"The Association and Superintendent shall meet as promptly as is practical for
purposes of reviewing the evaluation instrument and procedures."

6.            ARTICLE XXII Course Reimbursement - revise Section 22-1(4) by replacing
"maximum of three (3) credits per year" with "maximum of four (4) credits per year".

Add to 22-1(3) the following:

'The Association and Superintendent shall develop a form for documentation of the
course reimbursement process."

7.                  ARTICLE XXXIII Health Insurance - add to Section 23-4 the following:
"Payment of such stipend shall be made by December 1 of each year provided that the
payment shall be pro-rated in the case of service of less than a full year."

8.    ARTICLE XXII Course Reimbursement - add to article title "Professional
Development";

Add Section 22-2 as follows:

"A committee shall be established consisting of representatives of the Association and
the Administration to discuss and plan professional development programs, provided
that final discussions regarding such programs shall be at the discretion of the
Superintendent. Such committee shall also develop a method to issue and document
professional development points earned by teachers through the school professional
development program."

9.                  ARTICLE VI Teacher Assignments/Programming, Section 6-4, add as follows:
"Every effort will be made to schedule elementary preparation time in forty-five (45)
minute increments, but at least a thirty (30) minute increment shall be provided."

10.              Add new Section 6-10 as follows:

"Every effort will be made to provide substitute nurses,"

11.         Appendices A, B, C, D, E and F:

"For the period July 1, 2010 through June 30, 2011, compensation under Appendices
A, B_, C, D, E and F shall be at the levels, including step placement, that were in effect

2 of 3

as of June 30, 2010, provided that teachers who advance in degree levels shall receive
the appropriate adjustments on the salary schedule."
12.     Except as modified above, the Agreement shall be extended through June 30, 2011.

 

 

AGREED this  28 day of  Sept, 2010.

 

 

 

WEBSTER SCHOOL COMMITTEE        WEBSTER EDUCATION ASSOCIATION

 

 

 

 

The Webster School Committee and the Webster Educators' Association hereby agree
that during 2010-2011, payments for Longevity Stipends, Health Care opt-out stipends ,
and Extracurricular Activity stipends will, up to three times per year, be issued on weeks
separate from and in checks separate from regular salary payments.

Agreed this 28

_{day of Sept, 2010.}

WEBSTER SCHOOL COMMITTEE   WEBSTER EDUCATORS' ASSOCIATION