Westport

Show detailed information about district and contract

DistrictWestport
Shared Contract District
Org Code3310000
Type of DistrictMunicipal K12
Union AffiliationAFT
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersGreater Fall River RVTSD
CountyBristol
ESE RegionSoutheast
Urban
Kind of Communityrural economic centers
Number of Schools4
Enrollment1895
Percent Low Income Students20
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Westport

COLLECTIVE BARGAINING AGREEMENT

between the

WESTPORT SCHOOL COMMITTEE

and the

WESTPORT FEDERATION OF TEACHERS,

LOCAL 1906, AFT, MA, AFL-CIO

September 1,2011 to August 31,2014

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made by the School Committee of the town of Westport (hereinafter referred to as the School Committee) and the Westport Federation of Teachers, Local 1906, American Federation of Teachers, Massachusetts, AFL-CIO (hereinafter referred to as the Federation).

The collective bargaining agreement dated September 1, 2011, through August 31, 2014 is hereby extended through and including August 31,2014.

ARTICLE I - PRINCIPLES OF AGREEMENT

1.            Recognizing that the prime purpose of the parties is to provide education of the highest possible quality for the children of Westport, and that good morale within the teaching staff of Westport is essential to the achievement of that purpose, we, the undersigned parties to this contract, declare that:

a.        Under the law of Massachusetts, the Committee, elected by the citizens of Westport, has final responsibility for establishing the educational policies of the public schools of Westport;

b.    The Superintendent of Schools of Westport (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established;

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

2.            Fulfillment of these respective responsibilities can be facilitated and supported by the 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.

a.             The negotiating team for the 2011-2014 contract has sought to incorporate the following goals into the agreement:

1.                   Enhance    and    facilitate    teaching    and    learning   for everyone in the school community.

2.                   Show regard for community attitudes and concerns about our schools.

3.                   Show concern for the financial welfare of teachers and for the financial welfare of the entire district.

4.                   Show concern for the physical and emotional well being of all members of the school community.

5.                   Create  and enhance processes for teachers  to become partners in school development.

6.                   Commit to continuing reform and reevaluation of the Westport Community Schools.

7.                   Write and use contract language that is clear and easy to read.

ARTICLE II - COMMITTEE RIGHTS AND RESPONSIBILITIES

The parties recognize that the Committee is a public body established under and with powers provided by the General Laws of the Commonwealth of Massachusetts and nothing in this Agreement shall derogate from those powers and responsibilities. The Committee retains those rights, powers, and duties it now has, may be granted, or have conferred upon it by the General Laws of the Commonwealth. The parties agree that, except as may be specifically relinquished, abridged, or limited by a term of this Agreement, the Committee retains, whether exercised or not, all such rights. Except when it can be clearly shown that action taken by the Committee is in violation of a specific provision of this Agreement, the Committee's action to manage the school system and direct the work forces shall not be the subject of a grievance or arbitration proceeding hereunder. In addition, the Committee shall have the sole rights, responsibilities and prerogatives including, but not limited to the following:

To determine the care, maintenance and operation of its equipment and property; To establish policies, rules and regulations for the conduct of the Committee business and to change them in accordance with Chapter 150E; To determine work assignments and duties and to discontinue them; To determine the number and types of employees; To determine the job content and standards of productivity and performance for work and to evaluate performance; To hire, transfer, promote, lay-off, terminate or otherwise discipline, reduce hours and/or work, and train employees; To establish work schedules and hours of work; To maintain discipline, order and efficiency; To determine the competency and qualifications of teachers. All of these rights are subject to any specific provisions of this agreement.

ARTICLE III - FEDERATION RIGHTS AND RESPONSIBILITIES

A.        Fair Practices

1.       As sole collective bargaining agent, the Federation will continue its policy of accepting into voluntary membership all eligible persons in the unit without regard to race, color, creed, national origin, disability, sexual orientation, gender, age, or marital status. The Federation will represent equally all persons without regard to membership, participation in or activities in any employee organization.

2.       The Committee agrees to continue its policy of not discriminating against any person on the basis of race, creed, color, national origin, disability, sexual orientation, marital status or participation in, or association with, the activities of any employee organization.

B.            Distribution of Material

The Federation shall have the right to place material in the mail boxes of teachers.

C.            Protection of Individual and Group Rights.

Nothing contained herein shall be construed to prevent the Committee, a member of the Committee, or its designated representatives, from meeting with any teacher for expression of the teacher's views. In the area of collective bargaining, no changes or modifications shall be made except through consultation or negotiation with the Federation. Nothing contained herein shall be construed to permit any organization other than the Federation to appear in an official capacity in the processing of a grievance.

D.            Dues Deductions

The Committee agrees to deduct dues for the Westport Federation of Teachers from the salaries of its employees and to transmit the moneys to the Federation Treasurer. Teacher authorization will be in writing in the form set forth below:

DUES AUTHORIZATION CARD

NAME___________________________________________________________

ADDRESS________________________________________________________

Effective___________________________________________________________  , I hereby request and authorize the Westport

School Committee to deduct from my earnings an amount sufficient to provide for regular payments of the membership dues in ten (10) equal installments for the present year and for succeeding school years. This amount shall be paid to the Treasurer of the Westport Federation of Teachers, Local 1906, AFT, MA, AFL-CIO. These deductions may be terminated at any time by me by written notice or upon termination of my employment.

Dated___________________________________________________________

Teacher's Signature_________________________________________________

If the Federation changes the rate of its membership dues, thirty (30) days written notice shall be provided prior to the effective date of such change.

Deductions referred to above will be made in ten (10) equal monthly installments on the second pay day of each month during the school year.

No later than September 30th of each year, the Committee will provide the Federation with a list of the employees who have voluntarily authorized the Committee to deduct dues.

The Federation agrees that the Treasurer of Local 1906 shall be bonded as required by law.

E.        Agency Service Fee

Section 1. Each employee who elects not to join or maintain membership in the Union shall be required to pay as a condition of employment, beginning thirty (30) days following the commencement of her/his employment, or thirty (30) days following the ratification of this agreement, an agency service fee to the Union in an amount that is equal to the amount required to become and remain a member in good standing of the exclusive bargaining agent. It is the obligation of the Union to notify the employer of a violation of this provision. Upon request of the Union, the employer will initiate disciplinary action up to and including termination of employment.

Section 2. This article shall not become operative until this Agreement has been formally executed, pursuant to a vote of a majority of all employees in that bargaining unit present and voting.

Section 3. The employer will notify and may call upon the Union to defend any suits, proceedings, or actions arising out of the foregoing provisions of this article. If called upon to do so, the Union will defend such suits, proceedings or actions without cost to the employer.

Section 4. Disputes between the parties concerning this Article shall be resolved in accordance with the grievance procedure contained in this Agreement. In the event such a dispute is submitted to arbitration, the arbitrator shall have no power or authority to order the Employer to pay such agency service fee on behalf of any employee. If the arbitrator decides that an employee has failed to pay or authorize the payment of the agency service fee in accordance with this Article, the only remedy shall be the termination of the employment of such employee if the employee continues to refuse to pay or authorize payment of the required agency service fee after having sufficient time to do so.

Section 5. It is specifically agreed that the Employer assumes no obligation, financial or otherwise, arising out of the provisions of this Article. The Employer agrees to give notification to the Union upon the filing of any such suit, claim, demand or action. The Union hereby agrees it will indemnify and hold the Employer harmless from any claims, actions or proceedings by an employee arising from termination of the employee hereunder.

F.            No Federation Activity on School Time

Except as provided herein, the Federation agrees that no teacher will engage in Federation activity during the entire length of the school day. No material, equipment or supplies belonging to the Town of Westport shall be used in any political campaign or Union activity whatsoever.

G.            Information

The Committee shall make available to the Federation, upon its reasonable request, statistics and public records relevant to negotiations, or necessary for the proper enforcement of the terms of this Agreement.

H.       Agreement Copies Available

The Federation and the School Committee will each pay one-half (1/2) of the cost of printing the Agreement and will distribute copies of the printed Agreement to all personnel including newly employed teachers, administrators, and the School Committee.

I.             Existing Laws and Regulations

The rights and benefits of persons provided herein are in addition to those provided by Town, State and Federal law, rule or regulation.

J.              Time Allowed for Federation Negotiations

1.       The Principal shall recognize the Federation Building Representative as the official representative of the Federation in the school.

2.       The Principal shall meet with the Federation Building Representative no more than once a month at a mutually agreed time after school hours to discuss building problems and policies. Both parties shall submit items for the agenda.

3.       The discussion of other matters, as agreed upon for discussion by the Principal and the School Federation Representative, is not precluded by the above.

However, the Principal and the School Committee do not have the authority to reach any decision which changes this Agreement or any established School Committee policy or procedure.

4.     A committee of Federation representatives, not to exceed more than three (3) members, shall meet after school hours once a month with the Superintendent of Schools during the school year. Both parties may submit items for the agenda.

K.        Certification List

Each year the school department shall furnish the Federation with a list of its best information as to current certifications held by each employee.

ARTICLE IV - RECOGNITION,JURISDICTION, DEFINITION

A.          Federation Recognition

1.       The Westport School Committee recognizes the Westport Federation of Teachers, Local 1906, American Federation of Teachers, Massachusetts, AFL-CIO, as the exclusive bargaining representative for all employees in Unit A of the Westport School Department whose duties are primarily those of a classroom teacher, as outlined in the decision of the Labor Relations Commission, January 31,1969 (MCR-506).

2.       Guidance counselors, field of study coordinators, educational diagnosticians, special needs team facilitators, lead teachers, school psychologists and Chapter I teachers shall be included in the recognition clause.

B.          Definition

The term "school" as used in this Agreement, refers to any work location or functional division or group to which any member of the bargaining unit is assigned.

The term "Committee" as used in this Agreement, refers to the Westport School Committee and the school administrative organization.

The term "Principal" as used in this Agreement, refers to the administrative head of the school.

The term "teacher" as used in this Agreement, means a person employed by the Committee in the bargaining unit as defined in Article LA above.

The term "Federation Building Representative" as used in this Agreement, shall mean a teacher in a school designated by the Federation as its agent. There shall be two such representatives in each school.

The term "parties" as used in this Agreement, means the Westport Federation of Teachers, Local 1906, American Federation of Teachers, AFL-CIO, and the Westport School Committee.

Whenever the singular is used in this Agreement, it is to include the plural as appropriate.

The above definitions shall not refer to Federal projects which are not a part of the regularly scheduled daily curriculum of the school system.

C. Professional Consultations

In recognition of the professional standing of teachers and the fact that teachers' ideas and opinions, systematically and periodically collated and expressed, are of significant value in improving the quality of education in, as well as the efficient and economical operation of, the Westport School System; and in recognition of the Federation's knowledge of the ideas and opinions of the teachers, the parties agree that a Professional Consultation procedure should be established to be operative during the term of this Agreement.

This procedure is not intended to replace the grievance or arbitration procedures set forth herein or to make any matter a mandatory subject of discussion at any time other than at consultations that would not be a mandatory subject of discussion in the absence of the provisions of this Section.

Consultation sessions will be scheduled with the Committee once every two months upon written request of the Federation. They will be the primary item on the agenda for that evening and up to two hours will be reserved for that section of the agenda. The subject matters may include any item of concern or interest to the Federation. Two weeks prior to the date scheduled for the consultation, the Federation will submit a written agenda of subjects about which it desires to consult at the meeting with the Superintendent of Schools. The consultation will be confined to the subjects on that agenda. In order to expedite the procedure, a preliminary meeting will be held between representatives of the Federation (normally not to exceed 3 in number) and the Superintendent and/or his/her designee to review the agenda items. If a satisfactory understanding is reached with respect to certain items, the content (or withdrawal) of these will be reported to the Committee by the Superintendent on the date set for the consultation meeting.

ARTICLE V-GRIEVANCE PROCEDURES AND ARBITRATION

A.        Definitions

A grievance is defined as a complaint by an employee or the Federation which is based upon an alleged violation of the interpretation or application of the provisions of this Agreement.

A grievance shall not be any matter regulated by Federal or State Law, nor any matter which the School Committee does not have complete and final authority to implement or abide by a decision under the final and binding arbitration.

The time limits in this article may be extended by mutual agreement. Grievances may be initiated at the level at which the violation of the Agreement occurred.

B.            Adjustment of Grievances

Level 1.

a.    A teacher who is involved with, or subject to the alleged grievance, or a federation representative, must present the subject matter of the grievance in writing to the principal within (10) working days of an act or condition which is the basis of his/her or its complaint. The failure to provide notice within ten (10) working days shall preclude said complaint and foreclose any right under the grievance procedure.

b.    The Principal shall convey his/her decision in writing to the aggrieved teacher, or, if the Federation represents him/her, to the Federation representative within ten (10) working days after the meeting on the complaint.

Level 2.

a. If the grievance is not resolved at Level 1, the Federation alone shall have the right to appeal from the decision of Level 1 to the Superintendent of Schools within ten (10) working days after the decision of the Principal has been delivered. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the appeal and the decision at Level 1.

b.    The Superintendent of Schools shall meet with a representative of the Federation with a view to arriving at a mutually satisfactory resolution of  the  complaint.   The  aggrieved  employee   and  the   appropriate Federation representative shall be given at least two (2) working days notice of the conference and an opportunity to be heard.

c.    Notice of the conference shall also be given to the Principal of the school. The Principal of the school may be present at the conference and state his/her views.

d.    The Superintendent shall communicate his/her decision in writing, together with the supporting reasons, to the aggrieved employee and to the Federation representative who participated at this level within ten (10) working days.

e.    The Principal of the school shall also receive a copy of any decision at this Level from the Superintendent.

Level 3.

a.   Level 111 shall not apply to disciplinary matters.

b. The Federation alone shall have the right of appeal to the School Committee within ten (10) working days after the decision of the Superintendent of Schools has been delivered. The appeal shall be in writing, shall set forth specifically the reasons for the appeal, and shall be accompanied by a copy of the appeal and the decision at Level 2.

c.         The School Committee shall meet with the aggrieved employee and the appropriate Federation representative. Both the teacher and the Federation representative shall be given at least two (2) working days' notice of the conference and an opportunity to be heard.

d.         Notice of the conference shall also be given to the Superintendent and Principal who may be present at the conference and state their views.

e.         The School Committee shall communicate its decision in writing, together with the supporting reasons, to the Federation representative who participated at this level within ten (10) working days after the hearing between the parties.

f.         The Superintendent and the Principal shall also receive a copy of any decision at this level.

Except during the months of July and August, grievances will be heard by the School Committee within fourteen (14) days.

Level 4.

A grievance dispute which was not resolved at the level of the School Committee under the Grievance Procedure may be submitted by the Federation to arbitration. The proceeding may be initiated by filing with the School Committee and the American Arbitration Association a request for arbitration. The notice shall be filed within ten (10) working days after receipt of the decision of the School Committee, under the Grievance Procedure. The voluntary labor arbitration rules of the American Arbitration Association shall apply to the proceeding.

The arbitrator shall issue his/her written decision not later than thirty (30) calendar days from the date of the close of the hearings. The decision of the arbitrator shall be accepted as final by the Parties to the dispute and both will abide by it.

The School Committee agrees that it will apply to all substantially similar situations the decisions of the arbitrator sustaining a grievance, and the Federation agrees that it will not represent any teacher in any grievance which is substantially similar to a grievance denied by the decision of the arbitrator. The arbitrator's fee will be shared equally by the parties to the dispute.

A teacher who misses school as a result of a required attendance at a grievance hearing, an arbitration hearing, an administrative hearing before a state board or a court hearing shall not lose any pay provided such attendance is required by the Committee or the Town of Westport, or the teacher's attendance as a witness is required by the Commonwealth in a juvenile or criminal proceeding, arising out of an assault or similar incident in the course of the teacher's employment. Other absences for such hearings shall be at the teacher's own expense.

The Committee and the Federation shall use their best efforts to schedule such hearings after school. If despite such efforts an arbitration is scheduled during school time, one union representative and the grievant may attend without loss of pay provided the Federation reimburses the Committee for the pay of two substitute teachers at the established per diem rate.

ARTICLE VI-FRINGE BENEFITS

A.   Health Benefits

The Committee shall provide fifty percent (50%) of the health benefit coverage payments until the Town of Westport votes in favor of an increase. (Ref. side letter # CN-93)

B.   Life Insurance

The Committee shall provide fifty percent (50%) of the cost of a $4,000 life insurance policy. (Note: The present fifty percent (50%) of the cost of the above plan (B) Life Insurance shall continue in effect until the Town of Westport votes in favor of an increase.)

C.   Pension

All employees covered by this Agreement shall be members of the Massachusetts Teachers Retirement plan.

D.   Worker's Compensation

The Committee agrees to provide coverage for the teachers in the bargaining unit under the terms of the Massachusetts Worker's Compensation Act, General Laws of the Commonwealth, Chapter 152.

Employees who are receiving Workers' Compensation pay may supplement that amount up to their regular week's pay. Deductions will be made from the employee's sick leave until those benefits are exhausted. After that, there will be no supplemental pay beyond what is received as Workers' Compensation pay.

E.   Tax-Free Annuity

Teachers shall be allowed to take advantage of the federal law concerning tax-free annuities, and may make payments for said purpose by payroll deductions.

F.   Credit Union Deductions

Teachers will be allowed to use payroll deductions for a credit union.

ARTICLE VII-WORKING CONDITIONS

A. Teaching Load, Teaching Programs

1.     Teachers may express to the principal in writing their preference of grade level, subject, department, and assignment. Whenever possible, organizational assignments shall be presented to teachers by June 1, of each school year. When circumstances warrant a program change during the summer months, the teacher or teachers involved shall be informed by letter at the teacher's address, listed with the Superintendent.

2.     High school and Middle school teachers will not be required to teach more than three (3) different subjects except in those cases where substantial difficulty is experienced in distributing teaching assignments.

3.     Academic subject area teachers at the Senior High School will not be assigned more than six (6) class periods per day exclusive of lunch, homeroom, activity, and preparation period.

a.   This provision shall be re-negotiated at the request of either party to the Agreement if a new type of scheduling is adopted.

4. The Administration will schedule classroom teachers with a preparation period forty (40) consecutive minutes per day.

Every effort will be made to obtain substitute teachers. In the event such effort fails to provide a substitute, teachers who volunteer to serve as substitutes during their preparation period shall be paid fifteen (15) dollars for each class covered.

Teachers may have their names added to or removed from the list of volunteers at any time.

5.    Assignment of teachers to supervisory duties during the school day shall be done fairly and equitably.

6.    Student-Teacher Ratio

In seeking a quality education for all students, the School Committee and the Federation recognize that class size is an important factor. Whenever possible, the School Committee and Federation will develop strategies to align student-teacher ratios with best practice, research, and knowledge.

7. Nothing in this section shall prohibit principals from rearranging teaching assignments to accommodate for short term building emergencies, student field trips, special projects, and/or assemblies.

B.   Extra-Curricular Activity

Teacher participation in extra-curricular activities will be voluntary.

C.      Parents and Community

Parent-Teacher Meetings - We are committed to improving parent-teacher relationships. All teachers shall be required to attend three (3) parent-teacher evenings per year for conferences, open house meetings, or some other type of program based on input from the school community. In addition to the required evenings, all teachers shall be required to attend one (1) parent-teacher meeting in the afternoon. The times for the afternoon parent-teacher meetings shall be as follows: WES - 3:15 p.m. to 5:15 p.m.; Macomber 3:30 p.m. - 5:30 p.m.; Middle - 2:15 p.m. - 4:15 p.m.; High School - 2:20 p.m. - 4:20 p.m.

D.   Teacher Files

1. Teacher files shall be maintained under the following circumstances:

a.  No material derogatory to a teacher's conduct, service, character, or personality shall be placed in the teacher's files by the administrator unless the teacher is sent a dated copy at the same time.

b.  The teacher shall have the right to submit a response to the statement. The teacher's answer shall also be included in the teacher's files.

c.  Upon request, a teacher shall be given access to his/her file without delay.

d.  Upon receipt of a written request, the teacher shall be furnished a reproduction of any material in his/her file. The administration may impose a ten cent charge per page for copying said material when the reproductions requested consist of more than five pages of copy paper.

e.  All derogatory material shall be placed in a teacher's personnel file in the Superintendent's office within fifteen (15) calendar days of any alleged infraction from the time it is known by an administrator excepting Sundays, holidays and vacations. Positive correspondence shall be placed in the teacher's file within the same time period.

2.      Derogatory written statements or reports kept by administrators at the school level are subject to the same provisions as official teachers' files.

3.      Official grievances filed by any teacher under the grievance procedure as outlined in this Agreement shall not be placed in the personnel file of any teacher; nor shall such grievance become a part of any other file or record is utilized in the promotion process; nor shall it be used in any recommendations for job placement.

E.    Duty-Free Lunch Period

Teachers shall be provided with a duty-free lunch period of at least thirty (30) minutes.

F.    Notices and Announcements

1.   A copy of the Policy Book shall be made available through electronic means to all teachers.

2.   All teachers' bulletins shall be posted on school bulletin boards for the inspection of teachers.

3.     The Town Report, when available, shall be made available through electronic means to all teachers.

4.    A copy of current teaching programs, non-teaching assignments, administration and preparation periods shall be available at each school.

G.   Assistance in Assault Cases

The teacher or his/her representative shall make a detailed report to the principal within the next working day after any assault or assault and battery.

Principals will immediately report in writing to the Superintendent and School Committee all cases of assault suffered by teachers in connection with their employment.

The Superintendent and School Committee will comply with any request from the teacher for information in their possession relating to the incident or the persons involved and will act in appropriate ways as liaison between the teacher, the police, and the courts.

The School Committee agrees to indemnify all bargaining unit members consistent with the provisions of Mass. Gen L. ch. 258.

H. Seniority

System-wide seniority is defined as length of service in Unit A of the Westport School Department, except as permanent substitute. Periods of service interrupted by a break due to resignation, retirement, termination or work outside the unit shall not be added together to determine system-wide seniority. Non-paid leaves of absence and days worked as a per diem substitute or tutor will not be counted towards seniority.

The School Department shall prepare a seniority list of all members of the bargaining unit in the order of their seniority as defined in paragraph one above.

The Federation shall be supplied with this list which shall be kept current.

I. Hiring of Substitutes

1.  Substitutes, when available, shall be hired to cover classes of regularly assigned teachers when they are absent.

2.    In order that adequate substitutes can be hired to fill in for regularly assigned teachers, the following procedure for calling in a report of absence shall be observed:

a.           The night preceding the day of absence; 8 p.m. to 10 p.m.

b.  The actual day of absence; no later than one hour prior to the teacher's starting time.

J.    Cooperating Teachers

1.       Acceptance of a teacher trainee shall be voluntary.

2.       Advance notice of the assignment of a trainee shall be provided.

3.       Service as a teacher mentor shall be voluntary. Those teachers who volunteer to serve as mentors shall be paid a stipend of three hundred dollars ($300.00).

K.     Length of School Day and Year

1.    Length of Pupil Day

a.    The pupil day shall not exceed six and one half (6 1/2) hours.

b.    Delayed Starts - In unforeseen emergencies, the Superintendent may schedule a delayed start between one to two hours at one or more of the school buildings.. In the event of delayed starts, teachers in affected building shall not be scheduled for a preparation period. Delayed start daily schedules shall be pre-approved by the building principal and building representatives.

2.    Teachers' Schedules

a.     The work day of members of the bargaining unit will begin fifteen (15) minutes before the scheduled starting time for pupils and will end fifteen (15) minutes after the scheduled dismissal time for pupils.

b.   The School Committee retains the right to maintain teachers on duty during exceptional periods of breakdown, bad weather, or other emergencies.

c.        Teachers' schedules will routinely coincide with the students' day. Alternative daily schedules for certain personnel may be implemented following consultation between the Superintendent and the President of the Federation upon vote of the School Committee.

3.    Teachers' Work Year

The work year of teachers, other than new personnel who may be required to attend additional orientation sessions, will begin no earlier than the Monday before Labor Day and terminate no later than June 30. If the student year exceeds 180 days pursuant to amended state law, any change in the teachers' work year shall be subject to impact bargaining. Teachers will be required to attend five (5) days more than students are required to be in attendance by state law, for the purpose of teacher training programs and school-based planning.

4.   Teachers' Work Year

Work Days Beyond the Student Year

All work days will be scheduled for seven hours. The actual hours will be between 7:30 a.m. and 3:30 p.m. There will be a minimum thirty-minute lunch break.

The orientation day will be scheduled to allow teachers to use the time to prepare for the students' first class day and will not include teacher presentations to parents or students.

New teachers to the district must participate in the following courses within the first three (3) years of their employment in Westport if the district offers such courses: a course in teaching methodologies; a course in developing units of study; and, a course in differentiating instruction. Similar courses taken through an institution offering graduate-level course credit may be substituted for the above-mentioned courses at the discretion of the Superintendent. These courses will be considered as part of the requirement for continued employment and as part of the Westport Community Schools' induction process. Courses may take place during the summer, after school, on weekends, or a combination of each. The courses will carry three (3) graduate credits from an accredited institution and will require at least forty-five (45) hours of class time. Students must receive a 'passing grade' (in a pass/fail grading system) or 'B' or higher (in an A-F grading system) in order to fulfill this requirement. In the event that a course is offered, each teacher shall only be required to take one course per year. In the event that no course is offered in Westport, the teacher shall not be required to take a course that year and shall not be required to make up the course in a subsequent year.

5. All teachers who receive Advanced Placement training shall be compensated at a rate of $100.00/day subject to the following conditions: any Advanced Placement training must be requested by the Superintendent and/or the School Committee and the teacher must obtain the approval of the Superintendent in advance of the Advanced Placement training.

L. Faculty Meetings

General faculty meetings and individual school faculty meetings may be called from time to time either during or after school when in the Superintendent's discretion it is deemed necessary. One week's notice shall be given except in case of emergency. Attendance of teachers shall be required. For any other meeting in which a teacher's presence is needed, forty-eight (48) hours notice in writing will be given.

M. Teacher Evaluation

1.    All evaluations of the performance of a teacher will be conducted openly and with full knowledge of the teacher. The teachers will be given a copy of any evaluation report prepared by their superiors and will have the right to discuss such report with their superiors before it is submitted to the Superintendent's office or put into their personnel files. Article VII D does not apply to evaluation reports prepared in accordance with this section. Evaluation reports shall be filed within three (3) weeks from the time the teacher is evaluated.

2.     With respect to any future revisions of the evaluation instrument, format, procedure, the Committee and the Federation agree to bargain in good faith. Four months advance written notice of proposed revisions shall be given to the Federation President to bargain. The Federation shall exercise its right to bargain by notifying the Committee of its intent to do so in writing within two weeks of receipt of said notice. Failure to do so shall constitute a waiver of its right to bargain.

3.    Any written rebuttal by the teacher will be attached to said teacher's evaluation report. Evaluation reports shall not be subject to the provisions of Article VIII, but a teacher who receives one or more unsatisfactory ratings on an evaluation or evaluations, and who subsequently is involved in a disciplinary proceeding, lay-off or denial of promotion shall have the following rights. If the administration submits said teacher's evaluation reports into evidence in a disciplinary proceeding or lay-off, or bases its denial of promotion on said evaluation then said teacher shall have the right to submit evidence on the evaluation and have the issue decided in a grievance brought with respect to said disciplinary proceeding, lay-off or denial of promotion.

4.      The School Committee shall respond to a teacher's request for a meeting on his or her evaluation instrument within ten 10 days. The Federation will be given advance notice and an opportunity to be heard at said meeting and the teacher shall be entitled to be represented by the Federation at said meeting. This informal procedure is not subject to the provisions of Article VIII.

5.      Teachers without professional teacher status will be evaluated ever)' year. Teachers with professional status will be evaluated every two years. Year One will be a comprehensive evaluation and Year Two will be a professional growth cycle.

If a teacher with professional status receives an unsatisfactory evaluation, he/she will be evaluated the following year.

N. School Facilities

As determined by the School Committee it may at its discretion in designing new buildings and presently in existing buildings, the Committee will maintain and provide:

1.     Parking facilities.

2.     Storage space in each classroom.

3.     A preparation room where teachers may have access to all available materials and equipment necessary for the preparation of instructional material.

4.     An appropriately furnished room to be used as a staff lounge for teachers and professional staff only.

5.     Well-lighted and clean teachers' rest rooms.

6.     Mail box for each teacher.

7.     A funded teachers' reference library.

8.     Proper and sufficient athletic equipment.

9.     Assigned space for testing purposes and teacher-parent interviews.

10.  Bulletin Boards for general building use.

11.  Bulletin Boards for the exclusive use of the Federation for purposes of posting material dealing with proper and legitimate Federation business. (One per building).

12.  Teachers' paychecks shall be placed into individually sealed envelopes.

O.       Health and Safety Committee

Health and safety issues should first be addressed at the building level. In addition, a Health and Safety Committee will be established to meet with the Principal or Superintendent on a quarterly basis (or as needed) to review and problem solve health and safety issues. Two Federation representatives from each school will serve on this committee.

P.       Damage or Loss of Property

Any teacher bringing property of a personal nature into school which can be used as an effective teaching aid, must first register such property for approval in the school office if any reimbursement is to be made to such teacher due to his/her non-negligent loss or damage. However, such reimbursement shall be made solely in the discretion of the School Committee.

A teacher shall report in writing any loss, damage or destruction to the principal immediately upon becoming aware of such loss, damage or destruction.

Q.        Curriculum Development

1.   The attendance of teachers shall be required on release time without additional compensation at curriculum meetings and team or grade-level meetings up to a maximum of fifteen (15) hours per school year."

2.   The Superintendent may request teachers to assist in curriculum development during the evening or during summer vacation, in which case the teacher will be paid the sum of $30.00 per hour.

3.   An agenda of each meeting shall be sent to each teacher forty-eight (48) hours in advance of the meeting.

R.        Teacher Assistants

1.    The parties agree that a teacher's time and energy are to be devoted and apportioned, to the fullest extent possible, to duties connected with teaching.

2.  Teacher assistants shall not serve as substitutes for regular teachers.

S.        Discipline

1. In the event that a teacher is to be disciplined, reprimanded, reduced in rank or compensation, deprived of any professional advantages, separated or discharged, such employee shall be given the reasons in writing prior to carrying out such actions.

2.   A teacher has a right to be represented by the Federation in any meeting with any member of the administration when he/she believes the subject of the meeting may result in disciplinary action.

3.  Just Cause for Discipline

No teacher with professional status will be disciplined or dismissed without just cause. "Just cause" shall mean those standards set forth in M.G.L C71, S42 and in reviewing dismissal and/or suspension, the arbitrator shall consider the best interests of the students in the district and the need for elevation of performance standards.

The employee must select either the grievance procedure or statutory arbitration as the exclusive remedy within the appropriate time limits.

T.        Discharge and/or Reduction in Force

1.      If the teaching staff is to be reduced, retirements, resignations and leaves of absence in effect will be considered prior to other methods of staff reduction.

2.      In the event it should become necessary to discharge employees covered by this contract because of a decrease in pupil enrollment, revision of curriculum offerings or limited funding, the following criteria will be considered in an equal manner by the Superintendent.

a.     Certification:  appropriate to grade level and subject area

b.     Evaluations:  relative to the subject area and grade level limited to the last three evaluations

c.      Subject area and/or grade level experience: as defined by the Bureau of Certification; one year of credit given for every two years outside the system or for prior Westport service.

d.     Professional development: will include, but is not limited to:

Professional reading/study, verified by paper or other means;

Professional memberships and associations;

Conferences, workshops, courses, seminars;

Publications;

Degrees;

Involvement in committee projects and activities;

Involvement in curriculum development and reform;

Consulting and teaching other educators,

Peer coaching and mentoring; and,

Active involvement in Federation activities and affairs.

All Professional Development activities must be kept current in personnel folder and all materials submitted may be reviewed by the Superintendent and the Executive Board.

e. Seniority: The Superintendent shall give equal weight to all of the above criteria, and shall not act in an arbitrary or capricious manner in his/her recommendations on such terminations.

3. If a teacher is laid off without fault on his or her part due to a reduction in force, and if said teacher, within two years after said layoff is appointed by the Superintendent, at his/her sole discretion, to a full time classroom teaching position for a consecutive period of not less than one year (as defined in III J.3), then upon said appointment said teacher shall have restored to him or her all seniority and other benefits held at the time the lay-off became effective. Preference in filling vacancies will be given to teachers with prior experience teaching in the Westport School System based on their seniority at the time of lay-off, provided that the criteria other than seniority set forth in Article III, Section R, paragraph 1 are not clearly inferior to those of other applicants. (This section shall not apply to those hired before 9/1/83.)

U.        Needs of Special Students

Teachers shall be aware of the needs of special students as provided for under Chapter No. 766 of the General Laws of the Commonwealth.

V.        Part-time Teaching

In the discretion of the Superintendent, the Superintendent may agree to a teacher's request for a position as a part-time teacher. Said appointment shall be for such salary and upon such terms and conditions as the Superintendent, Federation and the teacher involved may agree. Such appointments may be used as an alternative to family or maternity or sabbatical leaves to retain the services of a professional status teacher, and/or to meet the particular educational needs of the school department.

If the School Committee determines to create other part-time positions, the Superintendent will meet with the President of the Federation prior to posting to negotiate the compensation and working conditions in accordance with current practice.

Currently employed personnel will not be reduced to a part-time status except as specified above.

The Superintendent may employ at the Westport High School per semester/subject teachers and compensate them as set forth in Appendix E of this contract. The work year for per semester/subject teachers will be ninety (90) consecutive school days within one semester and one teacher-parent night if scheduled during that semester. Per semester/subject teachers will be subject to the following work conditions: they will perform no additional duties, they will not be required to attend faculty meetings, they will not be required to work additional time beyond the teaching period, they will receive two (2) days leave per semester, they will receive one (1) classroom observation and one (1) summary statement as their evaluation and, they will not be required to attend any training days.

ARTICLE VIII-TRANSFERS AND PROMOTION

A.            Transfers

Although the Committee and the Federation recognize that some transfers of teachers from one school to another, or from one grade to another in the elementary school are unavoidable, they also recognize that frequent transfer of teachers is disruptive of the educational process and interferes with optimum teacher performance and pupil learning.

Therefore, they agree as follows:

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

2.  When voluntary transfers are necessary, a teacher's area of competence and seniority in Westport will be considered. Involuntary transfers will not be made unless the teacher is notified as to the reasons for the transfer. The Superintendent may make transfers, if he/she deems it necessary to do so in the best interest of the school system.

3.  A list of open positions in other schools will be made available to all teachers being transferred, and all other factors being substantially equal, preference will be given in filling such positions on the basis of seniority in the Westport School system and the teacher's competence.

4.   Notice of transfer shall be given to teachers no later than June 30th except under unusual circumstances.

5.   The Superintendent shall make forms available so that those teachers desiring transfers may apply in their order of preference.

6.   Before a teacher is assigned or transferred to a particular school, the principal of the school in question will be consulted regarding said assignment or transfer.

B.            Promotions

1. When vacancies occur in new or existing positions, notice of such vacancies shall be posted within three (3) working days after Superintendent approval on the appropriate bulletin board by the Principal of the school. The date of posting will appear on the notice.

The Committee/Superintendent agrees to implement the following practices for posting vacancies:

Any permanent vacancy, such as a vacancy created by resignation, death, or retirement, will be posted within ten (10) calendar days of the Superintendent's receipt of either the written notification by the teacher that s/he is vacating the position or of a notice of death. Notice of such vacancy shall be posted for a period of not less than seven (7) calendar days, and in any event shall be posted for all periods of time during which the employer advertises such vacancy, and may continue to be posted for however long the employer desires beyond the previously listed time periods.

A permanent vacancy which occurs during the school year may be filled with a long term substitute teacher until the conclusion of that school year but for no longer. If the position continues to exist into the subsequent school year, it shall be re-posted and filled on a permanent basis.

The decision to fill a vacancy is at the discretion of the Employer.

A vacancy may be posted only or posted/advertised.

Definitions:

a.  A posting is a notice of vacancy published in all schools and at the central office and is intended to come to the attention of a limited audience, specifically, the current members of the bargaining unit, and shall conform to the specification set forth in Article 8, B., 2.

b.  An advertisement is a vacancy notice published in newspapers, college placement offices, other school departments, etc. which is intended to come to the attention of a broad field of potential applicants. During the months of July and August, written notice of all such vacancies shall be sent to the Federation Secretary, and written notice of vacancies of a promotional nature shall be sent to all teachers in the same mailing as their summer pay checks.

2.      Qualifications, requirements, duties, salary and other pertinent information shall be set forth.

3.      Applications will be received from the personnel who believe themselves qualified by reason of experience, training, capacity and general ability to execute proficiently all the demands of the position.

4.      As to positions within the bargaining unit, where factors specified in items 2 and 3 above are the same among a number of candidates, seniority in the Westport School Department should be given consideration.

5.       Such applications shall be in writing and shall set forth the basis on which the applicant solicits consideration. Reasonable time shall be allowed for such submission of bids. A month is suggested.

6.       Appointments will be made without regard to race, creed, color, religion, nationality, sex or marital status.

7.       The above provisions do not prohibit the filling of vacancies from outside the school system.

ARTICLE IX LEAVES OF ABSENCE

A.        Sabbatical Leave

1.   Sabbatical leave to be defined as leave granted by the school committee for purposes of specialized study, involving financial considerations and/or benefits to the grantees, in exchange for a guarantee to return to the Westport School System.

2.   Staff members granted a Sabbatical Leave will have a grant of an amount equivalent to then Blue Cross-Blue Shield, Town Life Insurance and Teachers' Retirement, paid by the Town, as consideration and as an   inducement to return to the school system and give Westport youth the benefit of their increased knowledge and education.

3.   The grantee's tenure, regular salary increment and general status will not be impaired because of having been granted a Sabbatical Leave.

4.    In general, Sabbatical leaves shall be granted only to members of the instructional staff who have served for seven (7) years or longer in the public schools of Westport. The School Committee reserves the right to make exception to this, if it deems the best interest of the school system will be served by so doing. (Example: School Committee desiring that a teacher keeps up to date on new subject matter in a specialized field.) The number of leaves to be granted shall be determined each year by the School Committee.

5.  Applications from eligible applicants must be submitted prior to December 15th for leave beginning the following September.

6.    Each application must include a proposed plan of study, travel, or research, a statement of the applicant's professional purpose and the expected value to the Westport Community Schools.

7. In granting leaves of absence the School Committee will take into consideration the recommendations of the Superintendent and the educational value to the Westport Community Schools of the proposed project. The decision of the Superintendent and the School Committee   shall be binding.

8.       Personnel granted sabbatical leaves will receive fifty percent (50%) of their salary.

9.       In any event the parties to this Agreement shall abide by General Laws, Chapter 71, Section 41A, "Leaves of Absence of Teachers for study, research or service to educational organizations."

B.            Peace Corps - Exchange Teachers

A leave of absence without pay for up to two years will be granted to any teacher who joins the Peace Corps or serves as an exchange teacher, and is a full-time participant in either of such programs. Upon return from such leave, a teacher will be considered as if he were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent.

C.            Military Leave

Military leave of absence, without pay, may be granted to a permanent teacher inducted into the armed forces for the required length of service, according to the terms of the Selective Services and Training Act of 1940, and subsequent amendments by Congress.

1.   Upon completion of such obligation, the teacher shall be reinstated to the position which he/she left, providing the position that he/she left still exists. If the position that he/she left does not exist, the teacher shall be placed in as nearly a comparable position as is feasible.

2.   The teachers' contract shall be in effect under the same conditions as if the teacher had been in the continuous service of the Westport School System provided the teacher has been honorably discharged.

D.            Short Term Military Leave

Every person who is a member of a reserve component of the Armed Forces of the United States shall be granted, in accordance with Section 59 of Chapter 33 of the General Laws, leave of absence, without loss of pay, during the time of his/her annual tour of duty as a member of such reserve component; provided, however, that such leave shall not exceed seventeen (17) days. The difference in salary shall be paid only after evidence has been offered that such duty cannot be fulfilled during a vacation period.

E.            Visiting Days

With the approval of the Superintendent, each teacher in the Westport Community Schools may be allowed, without loss of pay, at least one day per year for visiting other classes within or outside the town, or for educational conferences or conventions.  A report of such visit should be available if requested.

F.        Maternity and Parental Leaves

MATERNITY - GENERAL PROVISIONS

1.     A non-paid leave of absence shall be granted for maternity purposes to female teachers on the terms and conditions set forth in this Article.

2.     A teacher who is on an approved leave of absence, during which period of time she bears a child, shall be deemed to be on a maternity leave under the terms of either Option A or B, as provided herein.

3.     Payment for disability due to pregnancy, childbirth, or recover)' therefrom shall be in the same manner as payment for any other illness or injur)'. Teachers who have sick leave days available and who desire to receive disability pay pursuant to this Article shall comply with the customary procedures for notification of disability and notification of the termination thereof.

4.     In order for entitlement to sick leave benefits to apply for certified disability for childbirth and recovery therefrom in connection with additional siblings, the teacher will have to return to full-time active sendee and be granted an additional maternity leave under the provisions of this Article.

5.     It is understood that sick leave benefits for disability due to childbirth and recovery therefrom will not be allowed for an employee who is on any other land of approved, extended, non-paid leave of absence.

6.     Teachers will not be entitled to sick leave benefits for any other illnesses incurred while on maternity leave, except as provided in this Article.

7.     All benefits to which the teacher was entitled at the time her leave of absence commenced, including any unused accumulated sick leave, shall, except as is otherwise provided herein, be restored to her upon her return. Upon her return, she shall be advanced to the next step on the salary schedule provided she has taught at least 50 percent of the days during the year in which her maternity leave commenced.

8.     Employment shall be terminated for any teacher who fails to provide any of the required notices in this Article.

9.     Employment shall be terminated for any teacher who fails to return to work at the expiration of the leave.

10.  Teachers shall complete a form requesting this leave.

NOTIFICATIONS:

1.       As soon as the teacher determines she is pregnant, she shall notify the Superintendent through the building principal, in writing, of her pregnancy. This notice will facilitate the planning for a replacement teacher.

2.       The teacher shall also notify the Superintendent through the building principal, in writing, which of the two options (A or B, below) for maternity leave she is requesting.

Option A: Under this option (the 8 week leave, M.G.L.. C. 149, sec. 105D), she shall notify the Superintendent through the building principal, at least two (2) weeks prior to the anticipated starting date of this leave. This notice shall specif)' the anticipated date of departure and the teacher's intention to return. With the exception of the treatment of "seniority benefits" this is the leave as is prodded in M.G.L. C. 149, sec. 105D or twelve (12) weeks under the provisions of the Family Medical Leave Act ("FMLA").

Option B: Under this option (up to one [(1)] year leave), she shall notify the Superintendent, through the building principal, at least thirty (30) days (except in cases of emergency) prior to the anticipated starting date of this leave. The notice shall select a beginning date for the leave from the period of time of thirty (30) days to one hundred eighty (180) days prior to the probable (expected) date of giving birth and shall specify the length of the leave. The teacher on said leave shall further notify the Superintendent through the building principal, in writing, of her intent to return by April 15 or three months after the date of giving birth, whichever date is later.

PROVISIONS PERTAINING TO THE MATERNITY LEAVES: OPTION A:

1.       In order to be eligible for this leave, the female employee shall have been employed for three consecutive months as a full-time teacher.

2.       The leave is without pay, but with entitlement to certified disability (sick leave) pay for child birth and recover)' therefrom.

3.       Provided the teacher has met all of the requirements, she shall be restored to her original position or similar position with the same status, pay, and length of service credit wherever applicable, as of the date of her leave.

4.       Seniority shall accrue during this leave.

OPTION B:

1.       This is an extended leave of absence without pay, but with entitlement to disability (sick leave) pay for certified disability for childbirth and recover)' therefrom during the period of this leave.

2.       The duration of the leave shall be for a period of up to one (1) year from the date of its commencement.

3.       At the conclusion of the leave, the teacher shall be reinstated as soon as a vacancy for which she is qualified occurs.

4.       Upon reinstatement, the teacher will be placed on the salary schedule at the step she held at the time the leave commenced. However, she shall be advanced one (1) step if she had taught 50 percent of the school days or more in the school year in which the leave commenced.

5.       Teachers will accrue seniority for only 8 weeks during this leave. No further seniority will accrue during the balance of time spent on leave.

6.       Additional leave may be granted (extended) for up to an additional academic year by the Superintendent upon written request by the teacher and upon the recommendation of the Superintendent.

7.       The decision of whether or not to grant a subsequent request for this leave will be discretionary with the Superintendent if the teacher has served less than one academic year after returning from a previous leave under this option.

Medical Verification:

The Superintendent, in his/her discretion, may require an employee to provide verification of disability in the form of a physician's certificate. If, after receiving a physician's certificate from a teacher, the Superintendent determines that he/she requires additional information or documentation from the teacher's doctor concerning the teacher's disability in order to decide whether to grant the leave, the teacher shall provide the Superintendent with any additional information.

Teachers who have exhausted their own sick leave benefits may apply to the sick leave bank, but only in extraordinary circumstances.

PARENTAL LEAVES ELIGIBILITY

1.       A parental leave, as provided herein, is available only to a teacher, male or female, coincidental to the time s/he becomes an adoptive parent, or coincidental to the time of the birth of the fathers' natural child. If both parents are members of the bargaining unit, only one parent will be entitled to the leave.

2.       The leave is for the purpose of caring for that adopted or natural born child.

GENERAL PROVISIONS

1.       A non-paid leave of absence shall be granted to male or female teachers on the terms and conditions set forth in this Article.

2.       This leave shall be without pay and without entitlement to any benefits, except that seniority shall accrue during the leave, but such accrual shall not exceed 8 weeks.

3.       All benefits to which the teacher was entitled at the time his/her leave of absence commenced, including any unused accumulated sick leave, shall, except as is otherwise provided herein, be restored to him/her upon his/her return. Upon return, the teacher shall be advanced to the next step on the salary schedule provided s/he has taught at least 50 percent of the days during the year in which his/her parental leave commenced.

4.       Employment shall be terminated for any teacher who fails to provide any of the required notices in this Article.

5.       Employment shall be terminated for any teacher who fails to return to work at the expiration of the leave.

6.       Teachers shall complete a form to request this leave.

NOTIFICATIONS:

1. Teachers who intend to take a parental leave shall give the Superintendent, through the building principal, as much advance notice as possible in order to facilitate the planning for a replacement teacher, with a minimum of two weeks required. (It should be noted under normal adoption agency policies this two week notice may not be possible, so therefore, the prospective parent should inform the Superintendent when s/he has been informed that s/he is on a short waiting list.)

2.       The teacher shall also notify the Superintendent, in writing, which of the two options (A or B, below) for parental leave s/he is requesting.

3.       The notices shall specify all of the information that is required for the maternity leaves.

PROVISIONS PERTAINING TO PARENTAL LEAVES:

OPTION A:

1.       Any "eligible" teacher (see "ELIGIBILITY", above), who has provided the proper notices and who has been employed as a teacher for three (3) consecutive months shall be granted a parental leave of absence not exceeding eight (8) weeks upon two (2) weeks written notice to the Superintendent through the building principal.

2.       Provided the teacher has met all of the requirements, s/he shall be restored to his/her original position or similar position with the same status, pay, and length of service credit wherever applicable, as of the date of the leave.

3.       Seniority shall accrue during this leave

 OPTION B:

1.       This is an extended leave of absence without pay.

2.       The duration of the leave shall be for a period of up to one (1) year from the date of its commencement.

3.       At the conclusion of the leave, the teacher shall be reinstated as soon as a vacancy for which s/he is qualified occurs.

4.       Upon reinstatement, the teacher will be placed on the salary schedule at the step s/he held at the time the leave commenced. However, s/he shall be advanced one (1) step if s/he had taught 50 percent of the school days or more in the school year in which the leave commenced.

5.       Teachers will accrue seniority for only eight (8) weeks during this leave. No further seniority will accrue during the balance of time spent on leave.

6.       Additional leave may be granted (extended) for up to an additional academic year by the School Committee upon written request by the teacher and upon the recommendation of the Superintendent.

7.       The decision of whether or not to grant a subsequent request for this leave will be discretionary with the School Committee if the teacher has served less than one academic year after returning from a previous leave under this option.

FEDERAL OR STATE LAW

Nothing in this Article shall be construed as limiting the teacher's rights under Federal and/or State Law and/or regulations.

G.       Teacher Protection

A teacher who is absent because of personal injury arising out of and in the course of employment as the result of assault and battery, shall be credited with leave. This leave shall be granted only if the assault and battery renders the teacher physically and/or emotionally unable to perform his/her duties. This leave will not be charged as personal days or sick leave.

The School Committee will reimburse teachers for the reasonable cost (not to exceed $100) of any clothing or personal property damaged or destroyed as a result of an assault suffered by a teacher while acting in the discharge of his/her duties.

H.        Sick Leave and Temporary Leave of Absence

The Federation and Committee agree that consistent attendance of teachers is essential to providing education of the highest possible quality to the students. Misuse of leave benefits is contrary to this principle.

1.     Employees will be allowed a total of fifteen (15) school days of absence, without loss of pay per school year for personal illness and family emergency. Any absence due to illness on the day prior to or following vacations shall be documented and placed in the teacher's personnel folder. Such leave shall accumulate at the rate of 1.5 days per month over a period of ten (10) months beginning in September and ending in June of each school year. Teachers in their first month of employment in the school district shall be fronted their first three (3) sick days representing the one and one-half (1 1/2) sick days per month that they would normally accrue for their first two months of employment. Thereafter, they shall accrue sick days at the rate of one and one-half (1 1/2) days per month as set forth above in this paragraph. Such leave not used in the year of service for which it is granted shall be accumulated up to a total of two hundred (200) days.

2.   Perfect Attendance Bonus

For the purpose of early retirement, teachers who have reached the maximum sick leave accumulation and who achieve perfect attendance in any year in which they are at the maximum will accumulate an additional five days for every year in which they have both perfect attendance and maximum accumulated sick leave.

3.   Family Leave

Upon written request at least 48 hours in advance, a teacher may, at the discretion of the Superintendent, utilize one day per year for family leave (using immediate family definition including life partner living in household) for graduations, births, religious observances, visits to children's school for conferences, said day to be deducted from sick leave and not subject to before/after school vacation restriction. The Superintendent must have reasonable grounds for denial of a request. In case of unforeseen circumstance the 48 hour written request shall be waived.

4.   Not more than five (5) of said fifteen (15) sick days per year shall be allowed for any one family medical issue. Request for family medical leave will be documented and a copy of leave requests will be kept in the teacher's personnel folder. If the Superintendent has reason to suspect sick leave abuse, any employee absent for more than four (4) consecutive days for personal illness, or more than fifteen (15) days in any school year for personal illness may be required by the Superintendent or his/her designee to provide appropriate medical evidence of his /her personal illness as a condition of receiving benefits under this Section G.

Family medical illness shall be defined as follows:

a.    A medical illness or injury to an immediate family member of the teacher that requires a teacher to attend to the immediate family member's medical or nursing care, and which cannot be performed outside of the regular workday. This shall be deemed to include transporting an immediate family member to and from the hospital Immediate family member shall be defined in Article IX, H(8)(a)(j).

b.    A serious or critical illness to an immediate family member for whose care the teacher is solely responsible.

The Superintendent in his/her sole discretion may extend the family medical illness provision beyond five days.

5.   Information on the accumulated sick leave shall be sent to each teacher at the beginning of each school year. Teachers with professional teacher status who have no accumulated sick leave at the beginning of a school year due to an extended personal illness in the preceding school year, shall be advanced the sick leave which would otherwise accumulate during the months of September through December (6 days) in said year; provided that said teacher requests the Committee for such advance of sick leave in writing on or before September 15 in said year. In no event shall the total sick leave advanced and accumulate in any one year exceed the fifteen day limit set forth in paragraph 1.

6.    Sick Bank

a.    The Sick Bank shall be administered by a joint committee including one School Committee member. Each teacher may assign only one day of his/her accumulated sick leave to the Bank per year. In the event the Bank should become exhausted, teacher may put in one additional day. A teacher may not withdraw more than 30 days per year from the Bank. In case of extraordinary illness and on recommendation of the Sink Bank Committee, up to an additional 30 days may be voted by a majority of a special joint committee, consisting of five Sink Bank members and five School Committee members.

b.    Teachers applying for early retirement bonus will not be eligible during that year to receive days from the sick bank except that the Superintendent may, in his/her sole discretion, which decision shall not be subject to the parties1 grievance and arbitration procedure, allow individual teachers to apply to the sick bank on a case-by-case basis.

c.    Doctor's certificates will be required by the Sick Bank Committee. Such information may be reviewed by the Superintendent upon written request to the Federation president.

7.    Bereavement Leave

a.  Days not charged to Personal and/or Sick Leave:

i. A teacher shall be allowed up to four (4) weekdays for a death in the immediate family during any school year. This allowance is not cumulative. It is not charged to sick leave. Immediate family means: life partner, children, father, mother, mother-in-law, father-in-law, sister, brother, grandparents, grandchild, or any other member of the same household.

b.  Days charged to personal and/or sick leave:

In the event of the death of a significant other, either one (1) day of sick leave or (1) day of personal leave time may be used.

8.    Personal Leave

1.    Teachers shall be entitled to two (2) personal days per school year to allow for personal business, emergencies, and other personal matters that cannot be scheduled outside the school day.

2.    Personal days shall be applied for in writing to the Superintendent at least 24 hours prior to the requested date.

3.    Under extenuating circumstances, the 24 hour period may be waived.

4.  Personal days will not be approved on the first or last day of the school year or on days preceding or following holidays and vacations. Under extenuating circumstances the superintendent may waive this provision, however, the superintendent's decision shall not be subject to the parties' grievance and arbitration procedure.

5.  Unused personal days may be accumulated from year to year, said amount not to exceed three (3) days. In the event that an employee accumulates a third personal day in one year, the employee must use the third personal day during the next school year.

I.             Other Leaves

1.     A member of the bargaining unit shall be granted a leave of absence without pay to serve as an elected official in public office for a period of two (2) years.

2.     Leaves of absence may be extended by the School Committee.

3.     Upon two weeks notice, members of the bargaining unit shall have the right of up to five (5) consecutive school days of unpaid personal leave biennially to be scheduled so as not to create a special hardship on the Westport Community Schools. The Superintendent may in his/her discretion approve short term leave on occasion of unforeseen circumstances. No leave under this section may be used to extend a school vacation. Leave under this section shall not be unreasonably denied.

J.              Reinstatement Following Leave

All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him upon his/her return and he will be assigned to the same position which he held at the time said leave commenced, if available, or, if not, to a substantially equivalent position. His/her assignment will be subject to the best interest of the Westport School System.

In the event no position is vacant at the time a teacher returns from a leave, authorized by this Article, said teacher shall be allowed to compete with other teachers, then employed, for the available positions in this school department, based on the criteria set forth in Article III, Section R.

The provisions of this section shall not apply to those teachers who return from leave in the middle of an academic year but shall apply to said teachers at the beginning of the next academic year.

K.        All Leaves

The Federation acknowledges that the Federation and the Committee are subject to the provisions of the FMLA. The FMLA shall not increase or decrease the length of leave available to eligible employees under this Agreement. Where an employee takes leave under one of the aforementioned Articles for a reason which would entitle an employee to leave under the FMLA, such leave will also be considered FMLA leave and will be deducted from the employee's statutory FMLA leave entitlement. FMLA leave is not cumulative and is not in addition to leaves currently available to the extent such leaves are for reasons covered by the FMLA.

L.

Upon forty-eight (48) hours' written notice to the Superintendent of Schools, the Superintendent will grant a request for a leave of absence with pay to bargaining unit members of the Jewish faith who request time off to observe Rosh Hashanah and Yom Kippur. No more than one (1) day each shall be granted to observe Rosh Hashanah and Yom Kippur.

ARTICLE X - SALARY AND RATES OF PAY

A.            Basic Salary Schedule for the 2011-2014 Contract Years

The salaries and differentials of the members of bargaining Unit A are set forth in Appendices A, B, and C which are attached to and made a part of this Agreement.

B.            Course Credit

1.      Courses taken for advancement on the salary schedule must be approved in advance by the Superintendent of Schools. Upon the completion of a course, all teachers shall submit proof of their final grade to the Superintendent's office documenting their successful completion of the course. Upon receipt of a formal grade transcript from the institution evidencing completion of the course and the grade received, a teacher's lane change shall be retroactive to the date that the teacher first submitted documentation of their successful completion of the course.

2.      The Committee agrees to reimburse a teacher for one-half of the tuition paid and all fees for any course taken at an accredited college or university, provided:

a.  that said course is in a subject area being taught by the teacher or in a field deemed by the Superintendent to be related to his /her teaching area;

b.  that said course is approved in advance by the Superintendent;

c.   that the teacher receives a grade of B-or higher in said course.

3. Professional Development Credits

The Union accepts the School Committee's policy GCBA dated July 29, 1997, regarding professional development credits.

C.            Anniversary Dates

For purposes of salary payment, teachers serving more than one-half (1/2) school year will advance a step on the salary schedule in September.

D.            Hourly Rates of Pay

1.       Teachers employed outside their normal working day or during summer vacation will be compensated in the amount of $30.00 per hour, other than as provided under Curriculum Development.

2.       Teachers who perform tutoring outside their normal work day shall be compensated at the rate of $30.00 per hour, provided that no teacher shall be compensated for any time spent preparing for the tutoring outside of the normal work day. (Only compensated for actual time tutoring and not preparation time.)

E.            Mileage Allowance

Traveling teachers covered by the Agreement who are authorized to use private automobiles for school business shall be reimbursed at the then current town rate per mile.

F.             Substitute Teacher's Pay

Pay for substitute teachers shall initially be seventy-five dollars ($75) per day for non-certified personnel or eighty-five dollars ($85) per day for certified personnel, but the Committee shall have the discretion to unilaterally raise said per diem rate from time to time as it sees fit, provided it does so for all substitute teachers. Those certified substitutes serving twenty (20) consecutive days for the same teacher shall be placed on the first step of the salary schedule provided in this contract.

G.            Payment of Salaries

Salaries shall be deemed fully earned at the end of the school year and proportionately earned during the school year. If a teacher leaves or dies during the school year, his/her estate shall be entitled to a prorated share based on his/her period of service in relation to the number school days taught.

H.       Longevity

Longevity increments shall be as follows:

After 10 years             -                   $275

After 15 years             -                   $475

After 20 years             -                   $875

After 25 years             -                 $1275

After 30 years             -                 $1575

Effective September 1, 1990, all members of the bargaining unit who hold a Master's Degree and have completed ten (10) years of service to the Westport Community Schools, shall receive an additional four hundred dollars ($400) annually.

Longevity shall be paid in a lump sum during the first pay period in December of each year following an employee's anniversary date.

I.             Method and Time of Salary Payment

Salaries of regular teachers shall be paid in twenty-six (26) installments on Friday of ever)' second (2nd) week. Teachers shall be required to complete and submit a Notice of Election for Annualized Salary Form prior to the first day of work each school year. The Election Form shall remain in effect for all following years unless a new Election Form is submitted prior to the first day of work in any given school year.

J.              Itemized Payroll Deductions

The Committee shall furnish each teacher with an itemized payroll breakdown on his/her first payroll check for each school year.

K.        Extra Curricular Activities - Personnel

The compensation for extra-curricular activities for members of bargaining Unit A is set forth in Appendix D which is attached to and made part of this agreement.

L.        Early Retirement

Section 1. The intent of this provision is to provide a financial incentive for a teacher to retire earlier than might otherwise be the case. Such incentive can provide a benefit to the teacher, a long term financial saving to the town and an opportunity for employment and/or career advancement for other teachers.

Section 2. Teachers eligible to participate in this plan are those who have thirty (30) years' certified teaching experience, at least fifteen (15) of which have been in Westport, or who have had twenty (20) of certified teaching experience in Westport, have achieved the maximum step of the teacher's salary schedule, have filed a binding declaration to retire as set forth below and have filed notice of intent to retire with the Teachers Retirement Board.

Section 3, A declaration of intent to resign or retire must be filed with the Superintendent no later than January of the school year prior to the year in which the retirement/resignation is to occur. Such declaration shall be binding and irrevocable, however, in the event of an unforeseen emergency, the teacher may revoke his/her notice of intent to retire by providing the Superintendent with written notification of the reason for revocation. Teachers may revoke their notice of intent to retire and resubmit said notice of intent to retire only once. All retirements under this Article shall take effect as of the end of the school year.

Section 4. A teacher filing the declaration shall be entitled to receive an amount as set forth below:

Age at date of retirement                                  Amount

55 through 60                                                      $7,000

over 60                                                                  $5,000

Payment of said amount shall be made by August 31st of the fiscal year following that in which the declaration of intent is filed.

Upon retirement, in accordance with the provisions of this Section, a retiring teacher shall also be entitled to $10 for each sick day accumulated in accordance with Article IX Section H(l), and not used by said teacher as of the date of retirement. Beginning in the 94-95 school year, teachers with fewer than twenty-five years of services will receive $15.00 for each said accumulated day. Teachers with 25 years or more of sendee will receive $25.00 for each said day.

M.                   Lane Change

Any bargaining unit member who anticipates movement from one lane to another shall notify the office of the Superintendent of Schools of this in writing not later than January 1st of the school year prior to the school year when the bargaining unit member expects to receive the additional degree or credits. In the event that a bargaining unit member fails to timely notify the Superintendent's office of his/her intent to move on the salary scale, he/she shall remain on the same salary lane for the following school year.

ARTICLE XI-HANDLING OF NEW ISSUES

Being a mutual Agreement, this instrument may be amended at any time by mutual consent.

ARTICLE XII-NO STRIKE CLAUSE

The Federation will not engage in or encourage strike action or work stoppage of any type during the life of this Agreement.

ARTICLE XIII SAVINGS CLAUSE

If any provision of this Agreement is or shall be contrary to law, then such provision shall not be applicable, performed, or enforce except to the extent permitted by law, but all other provisions of this Agreement shall continue to be in effect.

ARTICLE XIV-COMPLETE AGREEMENT

This Agreement constitutes the entire agreement of the Committee and the Union, arrived at as a result of collective bargaining negotiations, except such amendments hereto as have been reduced to writing and signed by both parties. All agreements, policies, precedents, employment and work practices are existent and effective only to the extent they are expressly set forth in this Agreement.

Any waiver or breach of a condition of this Agreement by either party shall not constitute a precedent for future enforcement of all the terms and conditions of this Agreement. A change in any unwritten employment practices or policies shall not be considered a violation of this Agreement.

ARTICLE XV - DURATION

This Agreement and each of its provisions shall be in effect as of September 1, 2011 and shall continue in full force and effect until August 31,2014. Negotiations for a subsequent agreement shall commence on October 1, 2013

Signed with our hand and seals this__________________ day  _______________________

___________________________________________

MICHELLE DUARTE

Chairperson

Westport School Committee

___________________________________________

MARTHA DELPAPE

President

Local 1906, AFT, MA, AFL-CIO

SIDE LETTERS

Side Letters of Agreement currently in effect and until further notice include:

#SA93, #CN93, #PT93, #SY92-93

Appendices A, B, C, D, E, & F

APPENDIX A - BASIC SALARY SCHEDULES

APPENDIX A - BASIC SALARY SCHEDULE 2011-2012 SCHOOL YEAR (1%)

Step

Bachelor

B+15

B+30

M*

M+15

M+30

M+45

CAGS

DOCT.

1

40,288

41,424

42,088

42,708

43,492

44,561

45,634

46,682

47,664

2

42,477

43,607

44,117

44,897

45,672

47,110

48,183

49,229

50,212

3

44,660

45,788

46,429

46,891

47,851

49,666

50,738

51,785

52,765

4

46,753

47,885

48,527

49,176

49,956

51,026

52,100

53,145

54,129

5

48,943

50,073

50,714

51,362

52,139

53,374

54,449

55,493

56,478

6

51,125

52,252

52,886

53,541

54,319

55,392

56,463

57,511

58,495

7

53,203

54,332

54,976

55,617

56,391

57,465

58,538

59,586

60,568

8

56,269

57,408

58,062

58,712

59,538

60,614

61,686

62,733

63,716

9

57,326

58,236

58,889

59,535

60,367

61,437

62,511

63,559

64,542

10

60,401

61,324

61,987

62,643

63,488

64,573

65,662

66,728

67,726

* Effective September 1, 2011, B+45 has been eliminated from the pay schedule. Members on step B+45 as of September 1, 2011 shall be grandfathered and paid at Masters lane.

APPENDIX B - BASIC SALARY SCHEDULES

APPENDIX B-BASIC SALARY SCHEDULE 2012-2013 SCHOOL YEAR (1%)

Step

Bachelor

B+15

B+30

M*

M+15

M+30

M+45

CAGS

DOCT.

1

40,691

41,838

42,509

43,135

43,927

45,007

46,090

47,149

48,141

2

42,902

44,043

44,558

45,346

46,129

47,581

48,665

49,721

50,714

3

45,107

46,246

46,893

47,360

48,330

50,163

51,245

52,303

53,293

4

47,221

48,364

49,012

49,668

50,456

51,536

52,621

53,676

54,670

5

49,432

50,574

51,221

51,876

52,660

53,908

54,993

56,048

57,043

6

51,636

52,775

53,415

54,076

54,862

55,946

57,028

58,086

59,080

7

53,735

54,875

55,526

56,173

56,955

58,040

59,123

60,182

61,174

8

56,832

57,982

58,643

59,299

60,133

61,220

62,303

63,360

64,353

9

57,899

58,818

59,478

60,130

60,971

62,051

63,136

64,195

65,187

10

61,005

61,937

62,607

63,269

64,123

65,219

66,319

67,395

68,403

* Effective September 1, 2011, B+45 has been eliminated from the pay schedule. Members on step B+45 as of September 1, 2011 shall be grandfathered and paid at Masters lane.

APPENDIX C - BASIC SALARY SCHEDULES

APPENDIX C - BASIC SALARY SCHEDULE 2013-2014 SCHOOL YEAR (2%)

Step

Bachelor

B+15

B+30

M*

M+15

M+30

M+45

CAGS

DOCT.

1

41,505

42,675

43,359

43,998

44,806

45,907

47,012

48,092

49,104

2

43,760

44,924

45,449

46,253

47,052

48,533

49,638

50,715

51,728

3

46,009

47,171

47,831

48,307

49,297

51,166

52,270

53,349

54,359

4

48,165

49,331

49,992

50,661

51,465

52,567

53,673

54,750

55,763

5

50,421

51,585

52,245

52,914

53,713

54,986

56,093

57,169

58,184

6

52,669

53,831

54,483

55,158

55,959

57,065

58,169

59,248

60,262

7

54,810

55,973

56,637

57,296

58,094

59,201

60,305

61,386

62,397

8

57,969

59,142

59,816

60,485

61,336

62,444

63,549

64,627

65,640

9

59,057

59,994

60,668

61,333

62,190

63,292

64,399

65,479

66,491

10

62,225

63,176

63,859

64,534

65,405

66,523

67,645

68,743

69,771

* Effective September 1, 2011, B+45 has been eliminated from the pay schedule. Members on step B+45 as of September 1, 2011 shall be grandfathered and paid at Masters lane.

APPENDIX D - EXTRA-CURRICULAR ACTIVITIES PERSONNEL

APPENDIX D - EXTRA-CURRICULAR ACTIVITIES

FY2012-FY2014 

Special Needs Program Facilitator

3,276

Lead Teacher

2,751

Freshman Class Advisor

818

Sophomore Class Advisor

818

Junior Class Advisor

1,310

Senior Class Advisor

1,310

High School Year Book Advisor

1,835

High School Student Service Coordinator

787

High School Honor Society Advisor

787

High School Drama Club Advisor

1,966

High School Newspaper Advisor

1,572

High School Choral Director

2,404

High School Marching Band Director

3,007

High School Stage Band Director

1,203

Middle School Year Book Advisor

1,048

Middle School Junior Honor Society

787

Middle School Drama Club Advisor

787

Mock Trial Advisor

787

Athletic Director

3,276

40 Hours per academic year clubs

919

1.     Art Club

 

2.       Choral Club

3.       Collectors Club

4.       Concert Band

5.       Concert Choir

6.       Drama Club

7.       Geography Club

8.       International Exchange

9.       Key Club

10.   Math Club

11.   National Junior Honor Society

12.   Percussion Club

13.   Robotics Club

14.   SADD

15.   Science Club

16.   Spelling Club

17.   Stage Band

18.   Student Council

19.   Variety Show

20.   Volleyball

(all levels K-12)

Color Guard Instructor

2,255

Winter Guard Instructor

2,255

Percussion Instructor

2,255

Marching Drill Coach

1,504

Field of Study Coordinators-Sliding Scale

Base Salary +/- adjustments

2,297

- if responsible for fewer than 5 staff

-574

+ if responsible for more than 10 staff

574

+ if covering more than 2 buildings

574

Field of Study Coordinators

Authorized days beyond school year at per diem rate.

Coordinators may apply for no more than 10 curriculum related release days upon submission/approval of standard release day request to the Superintendent.

These stipends will be paid for work done above and beyond the school day. Each position listed in Appendix D will have a job description. An evaluation of each individual's performance will be done on these positions.

Any reduced or adjusted teaching load(s) must be negotiated.

Coaches

Assistant coaches shall be paid sixty (60) percent of the annual stipend above of the varsity coach of their respective sport. Middle School and freshmen coaches shall be paid fifty-five (55) percent of the annual stipend above of the varsity coach of their respective sport. In addition to the above stipend, all coaches shall receive the following tournament stipend: $200 per week for each week that their season is extended beyond its regular ending date of participation in post season Massachusetts State Tournament play with a maximum of two (2) weeks.

COACHING SALARIES - FY2012 - FY2014

 

Step 1

Step 2

Step 3

Step 4

Step 5

Athletic Director

3,276

 

 

 

 

Basketball Girls/Boys)

3,660

3,902

4,141

4,383

4,699

Softball/Baseball

2,707

2,887

3,062

3,237

3,570

Cross Country/Tennis/Golf

1,789

1,969

2,152

2,335

2,518

Field Hockey/Soccer

2,744

2,986

3,231

3,475

3,722

Volleyball

2,695

2,870

3,044

3,218

3,419

Cheerleader Advisor

1,789

1,969

2,152

2,335

2,518

Competition Cheerleading Advisor

1,789

1,969

2,152

2,335

2,518

APPENDIX E-

WESTPORT HIGH SCHOOL PER SEMESTER/SUBJECT TEACHERS

Per semester/subject teachers employed at the Westport High School shall receive the following compensation for their work year:

All per semester/subject teachers possessing a bachelor's degree plus shall receive $5,000 for the work year.

All per semester/subject teachers possessing a master's degree plus shall receive $7,000 for the work year.

APPENDIX F - Principles, Performance Standards and Descriptors(*) of Effective Teaching

PRINCIPLE I:    Currency in the Curriculum

A.    The teacher is up to date regarding curriculum content. For example, the teacher:

       Demonstrates   a  working  knowledge   of  the  core  curriculum  of  the  teacher's assignment.

       Frames   curriculum  around  essential  questions   in  the  discipline   that  provide

opportunities for reasoning, logic, analysis and synthesis when planning units, lessons and assessments.

       Keeps current in the field and applies knowledge to the instructional program.

       Contributes to the ongoing evaluation of the curriculum.

B.   The teacher continuously refines the alignment of the 'taught' curriculum with the written and tested curriculums.

For example, the teacher

        Uses district and state approved curriculum.

        Uses strategies to determine alignment of the 'taught' and 'learned' and tested' curriculums.

PRINCIPLE II:   Effective Planning & Assessment of Curriculum & Instruction

A. The teacher effectively plans instruction. For example, the teacher:

        Effectively utilizes the Instructional Model.

        Has a personal vision of committed, confident learners and uses that vision to guide learning goals, expectations and standards for student work.

        Sets short-term and year-long goals for curricular units which derive from unifying themes of fundamental importance to students' present or future lives.

        Identifies individual and group needs and plans appropriate strategies, including those that involve the use of up-to-date technologies, to meet those needs.

        Uses materials and resources, including technologies, that are appropriately matched to curricular goals and to students' needs and learning styles.

        Frames curriculum around students' own prior knowledge and experience and identifies prerequisite skills, concepts and vocabulary that are important for students to know in order to be successful at a task.

        Seeks out and collaborates with school-based specialists, resource personnel, including technology specialists and administrators to better design curricula or instructional modifications to meet the special learning needs of students and support all students to learn and apply a challenging core curriculum.

        Plans engaging ways to cue and/or introduce each unit of study.

        Plans frequent instructional opportunities where students are interacting with ideas, materials, teachers, and one another.

(*)Note: For the purpose of evaluation, the descriptors are not exhaustive examples of the performance standards and will not be used as performance checklist. However, they are apt descriptions of how a specific standard is implemented in daily practice and serve as reference points for the teacher and supervisor.

         Designs curriculum experiences in which students take increasing responsibility for their own learning.

         Integrates the teaching of reading, listening, writing, speaking, discriminating viewing and the use of appropriate learning tools (calculators, computers, etc.) within the discipline.

         Provides for applied learning opportunities for all students.

B.    The teacher effectively plans assessment of student learning. For example, the teacher:

         Determines specific and challenging standards for student learning.

         Develops and uses authentic assessment which describes a student's learning process as well as his/her learning achievements.

         Incorporates time for individual and interactive reflection including response journals, debriefings and group discussions.

C.    The teacher monitors students' understanding of the curriculum and adjusts instruction, materials, or assessments when appropriate.

For example, the teacher:

         Regularly uses a variety of formal and informal authentic assessments of students' achievement and progress for instructional revisions and decision -making.

         Implements evaluation procedures which appropriately assess the objectives taught.

         Communicates student progress to parents, students, and staff members in a timely fashion using a range of information including portfolios, anecdotal records, and other artifacts.

         Prepares and maintains accurate and efficient record-keeping systems of the quality and quantity of student work.

         Uses individual and group data appropriately; maintains confidentiality concerning individual student data and achievement.

PRINCIPLE III: Effective Management of Classroom Environment

A. The teacher creates an environment that is positive for student learning and involvement.

For example, the teacher:

         Implements instructional opportunities where students are interacting with ideas, materials, teachers, and one another.

         Implements curriculum experiences in which students take increasing responsibility for their own learning.

         Demonstrates an openness to student challenges about information and ideas.

(*)Note: For the purpose of evaluation, the descriptors are not exhaustive examples of the performance standards and will not be used as performance checklist. However, they are apt descriptions of how a specific standard is implemented in daily practice and serve as reference points for the teacher and supervisor.

          Uses classroom time and classroom space to promote optimal learning.

          Understands principles and patterns of child growth and development and uses this knowledge in working with students.

          Establishes classroom procedures that maintain a high level of students' time-on-task and that ensure smooth transitions from one activity to another.

B.    The teacher maintains appropriate standards of behavior and safety. For example, the teacher:

          Maintains systematic approach to discipline by establishing and administering a consistent and fair set of rules supporting appropriate expectations.

          Manages routines effectively.

          Maintains appropriate professional boundaries with students.

          Models appropriate standards of behavior and safety to students.

C.    The teacher fosters a culture of mutual respect. For example, the teacher:

          Respects individual differences among students.

          Models appropriate standards of mutual respect.

PRINCIPLE IV:   Effective Instruction

A.    The teacher makes learning goals clear to students. For example, the teacher:

         Makes connections between concepts taught and students' prior knowledge and experiences.

         Regularly checks students' understanding of content and concepts and progress on skills.

         Identifies confusions and misconceptions as indicated by student responses and regular assessment strategies. Re-mediates, re-teaches, or extends teaching to meet individual and/or group need.

         Communicates clearly in writing and speaking using precise language.

         Understands and shows students the relevance of the subject to life-long learning.

B.    The teacher uses appropriate instructional techniques. For example, the teacher:

•      Uses a variety of teaching strategies, including cooperative learning, community sendee learning, peer tutoring, project-based learning; audio-visual presentations, lecture, discussions and inquiry, practice and application; and the teaching of others.

{*)Note: For the purpose of evaluation, the descriptors are not exhaustive examples of the performance standards and will not be used as performance checklist. However, they are apt descriptions of how a specific standard is implemented in daily practice and serve as reference points for the teacher and supervisor.

         Provides options for students to demonstrate competency and mastery of new material, including written work, plays, art work, orator)', visual presentations, exhibitions and portfolios.

         Uses a variety of appropriate materials in order to reinforce and extend skills, accommodate learning styles and match instructional objectives.

         Causes student to become cognitively active in summarizing important learnings and integrating them with prior knowledge.

         Demonstrates working knowledge of current research on optimum means for learning a particular discipline.

C.    The teacher uses appropriate questioning techniques. For example, the teacher:

         Uses a variety of questioning techniques, including those which encourage and guide critical and independent thinking and the development of ideas.

         Presents information recognizing multiple points of view; encourages students to assess the accuracy of information presented.

D.    The teacher evaluates, tries innovative approaches and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence to learn.

For example, the teacher:

         Regularly tries innovative approaches to improve instructional practices.

         Continually evaluates, tries innovative approaches and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence about learning.

         Assesses instructional strategies in authentic ways by comparing intended and actual learning outcomes.

         Assesses gains in student achievement through pre and post-test data and/or standardized test scores.

PRINCIPLE V:   Promotion of High Standards and Expectations for Student

Achievement A. The teacher holds and communicates high standards and high performance expectations of all students. For example, the teacher:

         Regularly communicates objectives or learning outcomes to the students.

         Regularly provides feedback to students on their progress on goals and objectives.

         Communicates standards, expectations and guidelines regarding quality and quantity of students' work, work procedures, and interpersonal behavior to students and parents.

         Responds to students' answers and work so as to keep students open, thinking and willing to take risks, and to persevere with challenging tasks.

         Models the skills, attitudes, values, and processes central to the subject being taught.

(*)Note: For the purpose of evaluation, the descriptors are not exhaustive examples of the performance standards and will not be used as performance checklist. However, they are apt descriptions of how a specific standard is implemented in daily practice and serve as reference points for the teacher and supervisor.

B.  The teacher stimulates increased student personal responsibility for achieving the goals of the curriculum. For example, the teacher:

         Uses prompt feedback and student goal setting in order to support student motivation and ownership of learning.

         Develops and supports students' awareness of themselves as learners and their ability to overcome obstacles associated with learning and taking risks.

         Nurtures students' eagerness to do challenging work and provides incentive, interest and support for students to take responsibility to complete such tasks successfully.

         Acts on the belief that all students can learn and that virtually all can master a challenging core curriculum with appropriate modifications of instruction.

         Encourages and supports students to believe that effort is a key to high achievement and acknowledges and values student work, study, and inquiry.

         Regularly identifies students needing extra help and secures student cooperation and participation in extra help sessions.

         Identifies students who are not meeting expectations and develops a plan that designates the teacher's and the student's responsibilities regarding learning.

         Demonstrates attitudes of fairness, courtesy and respect that encourage students' active participation and commitment to learning.

         Builds positive relationships with students and parents to enhance students' abilities to learn effectively.

         Recognizes and responds appropriately when an individual student is having social and/or emotional difficulties which interfere with learning or participation in class.

PRINCIPLE VI:    Promotion of Equity and Appreciation of Diversity

A.    The teacher strives to ensure equitable opportunities for student learning. For example, the teacher:

         Provides opportunities to include all students in the full range of academic programs and activities and extra-curricular activities.

         Addresses the needs of all student populations by properly applying constitutional and statutory laws, state regulations, Board of Education, and School Committee policies and guidelines.

B.    The teacher demonstrates appreciation for and sensitivity to the diversity among individuals.

For example, the teacher:

         Demonstrates sensitivity to differences in learning styles and intelligences.

         Develops and implements educational and organizational strategies that are effective in meeting the needs of all students.

(*)Note: For the purpose of evaluation, (he descriptors are not exhaustive examples of the performance standards and will not be used as performance checklist. However, they are apt descriptions of how a specific standard is implemented in daily practice and serve as reference points for the teacher and supervisor.

PRINCIPLE VII:       Fulfillment of Professional Responsibilities

A.    The teacher is constructive and cooperative in interactions with parents and receptive to their contributions.

For example, the teacher:

         Keeps parents informed of student's progress and works with them, in culturally appropriate ways, to aid in the total development of the student.

         Maintains professional boundaries with parents.

B.    The teacher shares responsibility for accomplishing the goals and priorities of his/her grade/team/department, building, and school district.

For example, the teacher:

         Maintains professional boundaries with colleagues.

         Works constructively with others to identify school problems and suggest possible solutions.

         Works collaboratively with other staff to plan and implement interdisciplinary curriculum, instruction and other school programs and shares expertise and new ideas with colleagues.

         Participates in student, school, and district activities.

         Cooperates with other teachers about students' overall work load.

         Furthers the district's mission and goals.

         Evidences the district's Core Values.

C.    The teacher is a reflective and continuous learner. For example, the teacher:

         Reflects about and acts on what students need to know and be able to do and about what the teacher can do to foster learning.

         Uses available resources to analyze, expand and refine professional knowledge and skills; resources can include professional organizations, academic course work, school-based staff, administrative and community resources, and other colleagues.

         Participates in activities that demonstrate a commitment to the teaching profession.

         Seeks out information in order to grow and improve as a professional.

         Is receptive to suggestions for growth and improvement.

(*)Note: For the purpose of evaluation, the descriptors are not exhaustive examples of the performance standards and will not be used as performance checklist. However, they are apt descriptions of how a specific standard is implemented in daily practice and serve as reference points for the teacher and supervisor.