Whately

Show detailed information about district and contract

DistrictWhately
Shared Contract District
Org Code3370000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2013
Expired Status
Superintendency UnionUnion 38 Frontier
Regional HS MembersFrontier
Vocational HS MembersFranklin County RVTSD
CountyFranklin
ESE RegionPioneer Valley
Urban
Kind of Communityresort/retirement/artistic
Number of Schools1
Enrollment132
Percent Low Income Students15
Grade StartPK or K
Grade End6
download pdf version of this document view accessible version of this document Whately

AGREEMENT

BETWEEN

UNION #38 TEACHERS ASSOCIATION

AND

SCHOOL COMMITTEE

2010-2013

WHATELY

WHATELY SCHOOLS

2010-2013

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, THIS CONTRACT IS MADE by and between the SCHOOL COMMITTEE of the TOWN OF WHATELY (hereinafter sometimes referred to as the "Committee") and the UNION #38 TEACHERS ASSOCIATION (hereinafter sometimes referred to as the "Association").

PREAMBLE

1.            Recognizing that our prime purpose is to provide education of the highest quality for the children of the District, and that good morale within the teaching staff of the District is essential to achieve that purpose, we, the undersigned parties to this Contract, declare that:

A.            Under the law of Massachusetts, the Committee elected by the citizens of WHATELY has final responsibility for establishing the educational policies of the schools of WHATELY.

B.            The Superintendent of Schools of WHATELY (hereinafter sometimes referred to as the "Superintendent") has responsibility for carrying out the policies so established.

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

D.            Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Superintendent, the Principal and the teaching staff in the formulation and application of policies relating to wages, hours and other conditions of employment for the teaching staff; and so;

E.            The Committee retains all rights it had prior to the beginning of collective bargaining in the areas of personnel policy and action, except where the collective bargaining agreement specifically limits the power of the Committee to take an action.

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

ARTICLE I RECOGNITION

The Committee recognizes the Association for purposes of collective bargaining as the exclusive representative of a unit consisting of all professional employees of the WHATELY Public School System, including degreed school nurses, and excluding:

the Superintendent of Schools

the Principal(s)

the Director of Special Education

the Early Childhood Coordinator

the Business Manager

the Health Education Coordinator

the Director of Technology, Grants and Special Projects

the Director of Elementary Education

the Assistant Principal (non-teaching)

the Director of School Facilities

the Network Systems Engineer

the Network Administrator

Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers."

The Committee agrees that it will not negotiate with any single employee or group of employees covered by this Agreement, or with any other organization during the life of this Agreement.

ARTICLE II NEGOTIATION PROCEDURES

A.            Not later than January 1st of the year of expiration of the Agreement, either party wishing to modify or terminate the Agreement shall give notice in writing to the other of its intention. Thereafter, upon request, the parties shall meet and discuss procedures and arrange a calendar of negotiation meetings. The parties shall negotiate in good faith over wages, hours and other conditions of employment. Any agreement so negotiated will apply to all teachers and will be reduced to writing and signed by the Committee and the Association.

B.            During negotiations, the Committee and the Association will present relevant data, exchange points of view and make proposals and counter­ proposals. Neither party will be restricted in the use of professional and lay consultants to assist in the negotiations.

C.            If the negotiations described in this Article have reached an impasse, the procedures described in Chapter 150E of the General Laws as amended from time to time will be followed.

D.            Any agreement reached with the Committee will be reduced to writing, will be signed by the Committee and the Association and will become an addendum to this Contract.

E.            Subject to the provisions of this Contract (and except as otherwise provided by Appendix A attached hereto and made a part hereof), the wages, hours, present teacher personnel policies of the School Committee and other conditions of employment applicable on the effective date of this Contract to the employee covered by the Contract shall continue to be so applicable.

ARTICLE III GRIEVANCE PROCEDURE

A.            Definitions:

1.                   A "grievance" is a claim based upon an event or condition which involves the interpretation, meaning or application of any of the provisions of this Agreement.

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

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

4.             A "day" shall mean a regularly scheduled teacher contract day except during the summer when a day shall mean Monday-Friday exclusive of legal holidays.

B.            Purpose:

1.                   The purpose of this Procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.                   Nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the Administration or School Committee, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association is notified of the terms of the adjustment.

C.            Procedure:

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum, and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.

In the event a grievance is filed on or after June 1st, which if left unresolved until the beginning of the following school year could result in irreparable harm to a party-in-interest, the time limits set forth herein will be reduced so that the Grievance Procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

1.            Level One:

A teacher with a grievance will first discuss it with the principal, acting principal or supervisor either directly or through the Association's School Representative, with the objective of resolving the matter informally.

2.             Level Two:

(a)                 If the aggrieved is not satisfied with the disposition of the grievance at Level One, or if no decision has been rendered within seven (7) days after the presentation of the grievance, it may be filed, in writing, with the Superintendent of Schools within seven (7) days after the decision at Level One or fourteen (14) days after the grievance was presented, whichever is sooner.

(b)                 The Superintendent will represent the Administration at this level of the Grievance Procedure. Within seven (7) days after receipt of the written grievance by the Superintendent, the Superintendent will meet with the aggrieved person in an effort to resolve it.

(c)                 If the teacher does not file a grievance in writing with the Superintendent within twenty-one (21) days after the teacher knows or should have known of the act or condition on which the grievance is based, then the grievance will be considered waived. A dispute as to whether a grievance has been waived under this Paragraph will be subject to arbitration pursuant to Level Four. Within seven (7) days of meeting with the aggrieved person, the Superintendent shall give a written answer to the grievance which the aggrieved person brings forward.

3.             Level Three:

Within seven (7) days after a disposition by the Superintendent or within seven (7) days after the day on which the Superintendent should have given an answer, if no answer has been received, the grievant, if dissatisfied with the Superintendent's answer or if no answer has been given, may submit the grievance to the School Committee which will consider the matter at its next regularly scheduled meeting or may, at its discretion within seven (7) days of receiving the grievance, schedule a special session of the whole Committee or a Subcommittee to consider the grievance. Within ten (10) days after the School Committee or Subcommittee hears the grievance, the Committee's designee or the Committee will inform the Association of its disposition of the matter.   The purpose of these meetings is to reach resolution of the grievance.

4.             Level Four:

(a)                If the Association or grievant is dissatisfied with the disposition of the matter or if no answer is given by the School Committee within ten (10) days, then within seven (7) days of the disposition or the last day on which an answer may be given by the Committee, the Association may file a demand for arbitration with the American Arbitration Association. It is recognized by the parties that after the demand for arbitration is filed, the rules of the American Arbitration Association and its time limits and procedures shall apply. A list of arbitrators shall be provided by the American Arbitration Association and the Arbitrator will be chosen from the lists of that Association in accordance with its rules. The parties will make every effort to have the matter heard as soon as is reasonably possible.

(b)                The decision of the Arbitrator will be rendered within thirty (30) days of submission of briefs or, if there are no briefs, after the close of the hearing.

The Arbitrator's decision will be in writing and will set forth findings of facts, reasoning and conclusions on the issues submitted. The Arbitrator shall have no power to add to, subtract from, modify or amend any of the provisions of this Agreement, nor modify disciplinary action, nor usurp the functions of the Committee or the proper exercise of its judgment and discretion under the law and this Agreement, nor compel an act which is in derogation of such rights. No award shall be effective retroactively beyond the date at which the grievance was first presented under the Grievance Procedure established herein. The decision of the Arbitrator will be submitted to the School Committee and to the Association and shall be final and binding upon the parties to this Agreement, and upon the aggrieved person or persons. Both parties to this Agreement realize that the submission of a particular matter to arbitration proceedings represents a step which in most instances ought to be avoided.

Accordingly, before the arbitration option hereunder is invoked, the parties may mutually schedule such meetings as may be appropriate between representatives of both sides to attempt to resolve the matter on a local level.

Dismissals and suspension of teachers either with professional teacher status or without professional teacher status as provided for under General Laws, Chapter 71, as amended, or any other applicable law, shall not be grievable nor arbitrable under this Article, but the teacher shall have all of the rights and remedies provided for under the aforesaid laws.

If, at any time after the execution of this Agreement, binding arbitration is found to be illegal or is prohibited by legislative action, all references and provisions herein to such a Procedure and the effect and application thereof shall thereafter be deemed null and void, and of no effect. If at any time of such adjudication or legislative action there are any grievances which have been submitted to arbitration and upon which no decision has been reached by the Arbitrator under Article 3 Section 4(b), such grievances shall be affected only to the extent that the findings of the Arbitrator shall be received and considered by the parties as advisory only. No further arbitration submissions will be required or permitted, and the grievance process will terminate at Level Three and the decision of the Committee will thereafter be final.

(c)           The costs for the services of the Arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses will be borne equally by the School Committee and the Association.

D.            Rights of Teachers to Representation:

1.            No reprisals of any kind will be taken by the School Committee or by any member of the Administration against any party-in-interest, any member of the Association or teacher who has assisted in the preparation of a grievance, by reason of participation in the Grievance Procedure.

2.            Any party-in-interest may be represented at all stages of the Grievance Procedure, excluding, however, a representative or an officer of any teacher organization other than the Association. When a teacher is not represented by the Association, the Association shall have the right to be present and to state its views at all stages of the Grievance Procedure.

E.            Miscellaneous:

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

2.                  Decisions rendered at Levels One, Two and Three of the Grievance Procedure will be in writing, setting forth the decision and the reasons therefore, and will be transmitted promptly to all parties-in-interest and to the Association. Decisions rendered at Level Four will be in accordance with the procedures set forth in Section C, Paragraph 4(b).

3.                  All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.

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

5.                  Since traditional arbitration costs (administrative fees to the American Arbitration Association and fees for the Arbitrator, plus the party's legal fees) exceed three thousand dollars ($3,000) for even the simplest cases, the parties can mutually agree that grievances involving amounts smaller than three thousand dollars ($3,000) will be submitted to expedited hearing (no discovery beyond that completed in the grievance process, one day of hearing, no post-hearing briefs) before a mutually agreed neutral hearing officer charging up to five hundred dollars ($500) per day.

ARTICLE IV SALARIES

A.            The salaries of all persons covered by this contract are included in Appendix A, attached hereto, and made a part hereof. There shall be a one percent (1%) increase in the Salary Schedule, but Step increases will not be granted in the 2010-2011 contract year; but one Step will be granted in each of the 2011-2012 and 2012-2013 contract years. For the 2012-2013 year, there shall be a one percent (1%) increase in the Salary Schedule. Employees on Step 14 and on Longevity (20) and therefore not eligible for a Step increase shall have a salary increase of 1.5% for 2011-2012 and an increase of another 1.5% for the 2012-2013 contract year. Examples (using Column B):

2009-2010

On Step 12:

$50,229

2010-2011

Remain on Step 12:

$50,731

2011-2012

Go to Step 13:

$52,319

2012-2013

Go to Step 14:

$56,430

2009-2010

On Step 13:

$51,801

2010-2011

Remain on Step 13:

$52,319

2011-2012

Go to Step 14:

$55,871

2012-2013

Remain on Step 14:

$56,430+1.5%

2009-2010

(Beginning of 14 years of service) On Step 14:

$55,318

2010-2011

Remain on Step 14:

$55,871

2011-2012

Remain on Step 14:

$55,871+1.5%

2012-2013

Remain on Step 14:

$56,430+1.5%

2009-2010

(Beginning of 17 years of service) On Step 14:

$55,318

2010-2011

(Beginning of 18 years of service) Remain on Step 14:

$55,871

2011-2012

(Beginning of 19 years of service) Remain on Step 14:

$55,871+1.5%

2012-2013

(Beginning of 20 years of service) Go to Longevity Step 20:

$58,181

2009-2010

(Beginning of 19 years of service) On Step 14:

$55,318

2010-2011

(Beginning of 20 years of service) Go to Longevity Step 20:

$57,605

2011-2012

Remain on Longevity Step 20:

$57,605+1.5%

2012-2013

Remain on Longevity Step 20:

$58,181+1.5%

B.            Each teacher may elect to be paid in twenty-two (22) equal payments during the school year [twenty-one (21) in occasional pre-designated years] or twenty-six (26) equal payments during the calendar year. Teachers shall indicate their preferences for the following year each May and, once selected, the choice shall continue until and unless changed by a teacher in a succeeding May. Teachers who wish may have money withheld for the credit union.

C.            All teachers entering the employ of the School Committee after the execution of this Agreement may be placed upon the proper Step of the Salary Schedule in accordance with their degree status and previous teaching experience; provided, however, that this Section shall not preclude the Administration from offering a prospective new teacher a lesser salary on the Salary Schedule acceptable to the employee.

D.            Teachers who expect column movement on the Salary Schedule must notify the Superintendent in writing on or before September 30th of the year preceding the expected granting of the degree in order to meet budget requirements. The appropriate increase in annual salary is to begin September 1st following completion of the requirements for the degree.

E.            Notwithstanding the above, nurses will be eligible for column movement only up to and including the Masters column.

ARTICLE V PROFESSIONAL DEVELOPMENT

Should the Administration request a teacher to take specific courses for advancement or improvement, the Administration will reimburse the teacher for the cost of books, tuition, necessary fees and mileage.

The Committee will appropriate an amount for each teacher pro-rated at six hundred dollars ($600) for a full-time teacher for the purpose of reimbursing teachers for the cost of conferences and workshops approved by the Principal. This benefit shall be pro-rated for part-time teachers, and districts which share the services of a teacher shall share the costs of this benefit on a pro-rata basis. Monies which have not been encumbered by April 15th of any year will be first offered for the use of the staff for additional professional development, and if still unused by May 15th, will revert to the general budget of the building.

ARTICLE VI TEACHER EVALUATION

A.            A teacher evaluation process is a cooperative and continuing one intended to improve quality instruction; the purpose is to assess the performance and to support the professional growth of teachers.

B.            All classroom monitoring or observation of the work performance of a teacher will be conducted openly and with the full knowledge of the teacher.

C.            The teacher and the evaluator will meet prior to October 15th for the purpose of establishing the teacher's goals. For the purposes of this Article, the evaluator will be the Principal, Assistant Principal and/or the Director of Special Services.

D.            Except as otherwise provided herein or as required by law, all teachers will be evaluated bi-annually, at least.

1.                   A teacher without professional status will not receive a formal written evaluation until January 1st of that first school year. The evaluation will be based upon at least three (3) observations, conducted in separate months prior to the month in which the evaluation takes place.

2.                   All other teachers will be evaluated no later than May 1st. The evaluation will be based upon at least two (2) observations, conducted in separate months prior to the month in which the evaluation takes place.

3.                   The observations of the evaluator will be recorded on the observation report. The observation report will be discussed with the teacher within five (5) school days after the date on which the observations are made.

4.                   The evaluation report will be discussed by May 15th with the teacher by the evaluator, and the teacher shall acknowledge having had the opportunity to review the report by signing the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. A copy of the evaluation report will be forwarded to the Superintendent and one copy will be given to the teacher.

E.            Any complaints regarding a teacher should be made to the teacher, to the Principal and to the Superintendent in that order. In case of any complaint received by the Administration, a teacher will be promptly notified of the complaint, the source of the complaint (in the discretion of the Administration) and the disposition of the complaint.

F.            Prior to placing any adverse written material in a teacher's file, the teacher shall be provided a copy. The teacher shall indicate knowledge of the material by signing the copy placed in the file. It is understood that such acknowledgement does not indicate agreement with the material placed in the file. The teacher will have the right to submit a written response to such material and the response shall be attached to the file copy.

G.            The Superintendent or her designee will work with the nurses to design an evaluation format that will be negotiated by the parties and become a part of this Agreement.

ARTICLE VII TEACHING HOURS AND TEACHING LOAD

A.            The length of the teacher's work day in schools of the District shall be seven (7) hours except as provided elsewhere in this Agreement; for example, Articles 7, 8 and 22.

B.            The work year for teachers (other than new personnel who may be required to attend additional orientation sessions) will in no event be more than one hundred eighty-four (184) workdays for the 2010-2011 school year, and one hundred eighty-three (183) workdays for the 2011-2012 school year. Starting in the 2012-2013 school year, the work year for teachers will in no event be more than one hundred eighty-two (182) workdays. Within this framework, there shall be one hundred eighty (180) days when students are in attendance and a scheduled orientation day for all personnel. The other day(s) will be full days for teacher in-service. Teachers shall have significant input regarding use of these in-service days. The Superintendent, in consultation with the Association, shall, prior to the setting of the calendar, schedule these days to maximize their use and effectiveness.

C.            The regular work year for teachers shall begin no earlier than the last Wednesday in August and it shall end no later than June 30th, unless mutually agreed upon.

D.            Faculty meetings will be called no more than twice per month in each building. Additional meetings may be called with reasonable cause. Faculty meetings shall not normally extend beyond one (1) hour in length. The content of faculty meetings should be concerned with those issues which most closely concern the operations in individual buildings. Administration will encourage the staff members to suggest those topics which they feel they would like to discuss at any particular faculty meeting.

E.            The Committee recognizes the need to provide teachers with adequate opportunity to develop curriculum or learning improvement programs or materials. It is agreed that individual teachers may be released from normal activities and responsibilities upon approval of the Superintendent of Schools for the purpose of research, grant writing, the study of curriculum materials and the like. The duration of such release shall be appropriate to the need.

F.             Each teacher will have a duty-free lunch period of twenty (20) minutes.

G.            The Committee recognizes the need to dismiss school upon occasion at a time earlier than the normal dismissal time in order to allow teachers on a District-wide basis to engage in professional activities and programs. Such dismissal shall result from approval of the School Committee and the Superintendent of Schools. The School Committee will provide a minimum of four (4) half-days per year for the purpose of parental conferences.

H.            Early release time will be granted to teachers who have extra-curricular duties such as coaching, so long as the early release does not interfere with regular classroom duties.

I.             Teachers (and nurses with teaching assignments) will be granted at least four (4) preparation periods per week to be taken when Special Teachers or their substitutes are present in the classroom, subject to the approval of the Principal. A teacher may be assigned to conferences or meetings during one of said periods. If any District, however, for fiscal reasons (which upon request to the Superintendent will be provided to the Association) reduces its Special Teacher availability to fewer than four (4) periods per week, each teacher shall have at least one 20-minute preparation period per day which shall total at least one hundred sixty (160) minutes per week in no shorter than 20-minute segments. All Itinerant and Specialist Teachers shall have preparation time equivalent to regular classroom teachers.

J.             Whenever a regular teacher is required to substitute for an Art, Music or Physical Education teacher, the pay that the substitute would have received shall be paid on a pro-rata basis to the teacher that covered the class. Such payments shall be made only to those teachers whose preparation periods were denied and shall be paid not less than once in each school year.

K.           Teachers may be allowed to leave the building during the lunch time, provided permission is obtained from the Principal or designee, if the Principal is not available.

L.           Teachers will not be required to perform lunch recess duty nor lunch room monitoring duty caused by the absence of the regularly assigned monitor except in an emergency. Emergency assignments will not exceed five (5) consecutive school days, and will be equitably assigned.

ARTICLE VIII TEACHER ASSIGNMENTS

A.            Teachers will be notified in writing of their assignment for the coming year and whenever possible any special or unusual classes they will have. Such notice will include the school and the grade assigned. Teachers will be notified as soon as practicable and under normal circumstances not later than August 1st.

B.            Teachers will not be assigned outside the scope of their teaching certificates.

C.            Whenever possible, changes in grade assignment will be voluntary. The Association will cooperate with the Administration to encourage voluntary grade changes.

D.            There shall be one (1) scheduled evening meeting for Open House in each school in the fall of each school year. In addition, each teacher will make him/herself available for one (1) evening program.   The one (1) evening program will be scheduled only after consultation with teachers in each building in the School System.

ARTICLE IX NON-TEACHING DUTIES

Whenever possible, the Committee will continue its policies of utilizing teacher's aides to assist teachers.

ARTICLE X VACANCIES AND PROMOTIONS

A.            Teachers will be notified of vacancies which occur in the individual towns of School Union 38 by the posting of notices of such vacancies in the Principal's office or the teachers' room in the schools as far in advance of the appointment as possible.

B.            Notice of all vacancies in the bargaining unit will be sent to the President of the Association.

ARTICLE XI TRANSFERS

A.            Any involuntary transfers will be made only after a meeting between the teacher involved and the Superintendent, at which time the Superintendent will notify the teacher of the reasons for the transfer.

B.            Notices of transfer will be given the teacher as soon as possible and under normal circumstances not later than June 1st.

C.            In the event there is disagreement over whether such transfer is justified, such disagreement will be subject to the Grievance Procedure.

D.            Teachers desiring a voluntary transfer will submit a written request to the Superintendent by April 1st. Later requests will be considered for later vacancies.

ARTICLE XII LEAVES OF ABSENCE WITHOUT PAY

A.            At the discretion of the Superintendent, a leave of absence of up to one (1) year will be granted for the purpose of caring for a member of the teacher's immediate family.

B.            The Superintendent may grant a leave of absence for up to one (1) year for health reasons.

C.            Other leaves of absence without pay may be granted at the discretion of the Superintendent.

D.            Unpaid leaves may be extended for a period of one (1) additional year, upon written request and at the discretion of the Superintendent.

E.            The employee may continue to participate in the Town's insurance program to the extent permitted under such plans. The employee shall be responsible for the full cost of the premiums.

F.            All benefits to which a teacher was entitled at the time the leave commences, including unused sick time, will be restored upon return from such leave.

G.            Maternity leaves will be granted to employees in accordance with the provisions of Massachusetts General Laws, Chapter 149, Section 105D and the Federal Family and Medical Leave Act, as applicable. In addition, a teacher (but not both parents if both are employed by the School Committee), upon the birth of a child or upon the adoption of a minor child, may, in addition to the statutory leave to which she/he may be eligible, request and be granted a child rearing leave of up to twelve (12) months, such leave to end at a mutually agreeable time so as to minimize disruption to students. Leaves under the provisions of this Agreement which are also eligible under the Family and Medical Leave Act (FMLA) shall run concurrently as both FMLA and contractual leave, and the more liberal provisions shall apply.

ARTICLE XIII LEAVES WITH PAY

A.             Sick Leave:

1.                    Each teacher is granted fifteen (15) days sick leave a year.

2.                    Unused sick leave shall accumulate to one hundred sixty (160) days.

3.                    In any one school year, three (3) of the fifteen (15) days intended for sick leave may be used at the option of the teacher for serious illness in the immediate family. An additional two (2) days will, subject to approval, be available for serious illness in the immediate family or other personal or business reasons at the discretion of the Principal.

4.                    In exceptional cases, other days of leave may be granted at the discretion of the Principal/Superintendent.

5.                    After five (5) consecutive days of illness, the Superintendent may ask for a physician's certificate.

B.             Sick Leave Bank:

1.                   The parties to this contract agree to the formation of a Sick Leave Bank which may, upon application from a teacher, grant such additional sick days as required which the bank may contain, providing the employee has exhausted all other sick days available. Sick days shall be granted from the Sick Leave Bank (hereinafter "SLB") only for purposes of recovering from chronic or prolonged illness (such as heart attack, cancer, liver disease or other prolonged or chronic disease or mental illness certified by a physician as disabling, or mental illness involving hospitalization).

2.                   The SLB shall be administered by a Sick Leave Bank Committee (hereinafter "SLBC") which shall determine eligibility for grants of sick days from the SLB upon application of a teacher. The SLBC may promulgate such additional rules and regulations as are from time to time necessary and are in addition to the provisions of this Agreement. The SLBC may make additional rules for eligibility as well as providing a form for application for sick days from the SLB.

3.                   The SLBC shall consist of two (2) members of the School Committee or their designees and two (2) representatives of the Association who may be chosen by the Association. A majority vote is required to pass all resolutions or actions.

4.                   The SLB shall consist of all teachers in the schools or school of the Town of Whately. New teachers shall become members of the SLB on the first day of the first school year in which they are employed. Teachers who are employed at the time of the signing of this Agreement shall become members on the first day of the new school year after the signing of this Agreement.

5.                   The SLBC may require teachers to contribute up to four (4) sick days per year in order to fill or maintain the SLB only when they are needed. Days not used in one year shall not be carried over to another year. Such days contributed will be deducted from a teacher's yearly allotment of sick days. Only employees covered by this Agreement shall be eligible for SLB.

ARTICLE XIV TEMPORARY LEAVES WITH PAY

A.           Each teacher will be entitled to two (2) days of non-accumulative leave of absence with pay each year for religious, legal, family and personal matters which cannot be handled except during school hours. Personal leave may be granted to more than one (1) teacher in each school in any one (1) given day with the prior approval of the Principal, except in an emergency in the judgment of the Principal, subject to the approval of the Superintendent. Teachers who agree to work on a personal day shall receive substitute pay for that day, when worked. No days will be taken immediately preceding or immediately following a vacation or holiday, except in an emergency in the judgment of the Superintendent. The preceding language shall not preclude a teacher from making application for a third personal day for good and sufficient reason.

B.           With two (2) weeks' advanced notice to the Principal, each teacher is granted three (3) non-accumulative professional days per school year. For the purposes of this Section, a professional day is defined as an organized activity engaged in by a teacher that is designed to increase teacher knowledge and skill. Such activities include making presentations, visiting other school districts and attending conferences, seminars, workshops or institutes. An additional two (2) days will, subject to approval, be available for professional leave.

C.            Each teacher will be granted up to five (5) days, at any one time, for death of a member of the teacher's immediate family (mother, father, spouse, child, sister, brother, guardian).

D.            Each teacher will be granted up to three (3) days, at any one time, in the event of the death of a teacher's mother-in-law, father-in-law, grandparent or grandchild, or others at the discretion of the Principal.

E.            One (1) day leave will be granted to attend funerals of other members of a teacher's family. In addition, one (1) day may be used for a close friend and/or relative not mentioned here or above.

F.             The necessary time will be granted for appearances in any legal proceeding connected with the teacher's employment or with the school system on behalf of the School Committee.

G.            Such time will be granted as is necessary to comply with Selective Service examinations.

H.            Early dismissal leave will be granted for summer school with approval of the Superintendent.

I.             Jury Duty - Any teacher covered by this Agreement who serves on jury duty will continue to receive regular pay while serving on said duty and pay the Town the compensation received for jury duty.

J.             The School Committee may grant sabbatical leave to any teacher recommended by the Superintendent. Teachers eligible for such sabbatical leave will be only those who propose to the Committee a program of study and/or travel involving enrollment in an accredited college or university, whether such course of study takes place in the United States or abroad. Sabbatical leave will be granted only to those teachers whose program of study will, in the judgment of the Committee, benefit the program of the District and may be granted under the following conditions and requirements:

1.                   Eligibility for sabbatical leave will be limited to teachers who have completed five (5) years of service in the District prior to applying for such leave.

2.                   Application must be made to the Committee not later than October 15th of the school year prior to the school year in which the sabbatical leave is planned.

3.                   Successful applicants will be paid at the rate of two-thirds of the salary payable to them for the duration of the leave based on a school year of one hundred eighty-five (185) days.

4.                   The applicant's final decision to take a sabbatical leave may be delayed until the awarding of fellowships, grants or scholarships which may be involved.

5.                   Not more than one teacher will be granted sabbatical leave for any school year.

6.                   The teachers granted sabbatical leave execute an agreement to return to the District for not less than two (2) years of service. Failure to return as agreed will render the teacher legally liable to make restitution to the District of all salaries paid while on sabbatical leave except in the case of the teacher's death or permanent disability.

7.                   The teacher returning from sabbatical leave shall be placed on the appropriate Step on the Salary Schedule as though in active service in the System for the period of the sabbatical leave. The sabbatical leave shall not affect continuity of service.

8.                   Insurance coverage and all payroll deductions shall continue as though the teacher were in active service.

9.                   Teachers shall be required to supply the Committee with such reports or certificates of attendance as it may reasonably request, relative to the teacher's itinerary and activities while on sabbatical leave.

ARTICLE XV TEACHER FACILITIES

The Committee and Association agree that the following facilities are desirable; and the Committee agrees to provide such facilities, subject to physical plan and budgeting restrictions.

1.                   Space in each classroom in which teachers may safely store instructional materials and supplies such as desks which may be locked, locked filing cabinets or the like.

2.                   A serviceable desk and chair for the teacher in each classroom.

3.                   A communication system so that the teacher may communicate with the main office from the classroom.

4.                   A well lighted and clean restroom for teachers.

5.                   A separate private dining area reserved for exclusive use of school employees.

6.                   Adequate parking space for teacher's parking.

ARTICLE XVI DEDUCTIONS

A.            Any teacher, upon request, may have premiums for the Massachusetts Teacher's Disability Income Policies payroll deducted, subject to provisions of Section E below.

B.            The School Committee authorizes the purchase of tax-sheltered annuities for its employees as provided under Section 403(B) of the Internal Revenue Code and Chapter 466 of the Acts of 1963, Commonwealth of Massachusetts, subject to provisions of Section E below.

C.            The Committee agrees to deduct from the salaries of its employees dues for the Union 38 Teachers Association, Massachusetts Teachers Association and the National Education Association, as each employee individually and voluntarily authorizes the Committee to deduct, and transmit the monies promptly to the Treasurer of the Union 38 Teachers Association.

D.            The Committee agrees to deduct from the salaries of its employees payroll savings deductions to be transferred to the employee's account with the MTA Credit Union. This amount is to be designated by the employee and authorization for such deduction is to be made in writing to the Superintendent. Deductions of this nature are subject to the provisions of Section E below.

E.            Applications for insurance and tax sheltered annuities shall be completed and submitted to the Office of the Superintendent of Schools prior to August 1st in order to prepare payrolls for September 1st. Exceptions will be made for teachers whose employment becomes effective after August 1st. Payroll deduction arrangements shall be made once a year prior to August 1st, except in the cases of teachers whose employment becomes effective after August 1st. Deductions, except withholding taxes, shall not be changed in any school year. They may be dropped, but not changed.

F.             The School Committee agrees to work with the Town Treasurer in order to provide a Section 125 Plan for the pre-tax payment of health care costs.

ARTICLE XVII REDUCTION IN FORCE

If the Superintendent and the Committee vote to reduce the number of hours a teacher would work pursuant to this clause (for example, a teacher would teach a reduced daily or weekly schedule), they may do so. A teacher who is reduced in time or days shall have salary benefits pro-rated. This provision constitutes an agreement that part-time teachers shall receive a pro-rated salary and benefits and full seniority.

A.            The parties agree to be governed by the Laws of Massachusetts relating to professional teacher status and teacher licensure. The parties agree that the Laws of this Commonwealth (see MGL ch. 71, sec. 42 and sec. 38G) shall take precedence over this clause. The School Committee, by this clause, intends to surrender no more of its discretion than is necessary to effectuate the specific language that is set forth below. If any part of this clause is found to be in conflict with a decision of the Courts or Statutes of this

Commonwealth, then the parties further agree such parts shall be null and void and the rest of this clause shall continue in force.

B.            Whenever a situation arises in which the Superintendent determines that it no longer requires the services on a full-or part-time basis, the Superintendent will take the following criteria into account in deciding which teachers shall be let go:

1.                   Teaching ability as evidenced by written evaluations, observations and other measures relating to teacher ability;

2.                   Licensure in other areas of specialization in teaching or in other areas of the Town of Whately's School Program which make it desirable to retain a teacher;

3.                   If the factors are equal, then a teacher with the longest continuous service in the employ of the School Committee of the Town of Whately shall be retained. Time on approved leave or sick time shall count toward length of service for seniority proposes.

C.            Should a reduction be necessary, the Administration will notify all teachers as soon as possible after identifying subject, grade or specialization in which the reduction is to take place. A teacher who is faced with layoff should supply the Superintendent of Schools with all teaching licenses in areas outside that of the current teaching assignment and notify the Superintendent within ten (10) calendar days of other areas of licensure that are held or attainable before the start of the next school year. Laid off teachers will be offered vacant or available positions in other areas if they have or meet the requirements for licensure for the position(s) by the beginning of the next school year. Teachers facing such a reduction may also replace teachers who have shorter periods of service if all factors listed in Section (B) are considered, and it is determined the parties are of equal ability and Section B-3 shall apply.

Nothing in this Agreement shall bar the Association from mailing to teachers who have been "laid off' under this Section notices of vacancies that occur within the unit.

D.            Employees on professional teacher status who are separated under this clause of the contract (that is, the separation is due to decrease in enrollment, economic cause or reorganization, rather than conduct unbecoming to a teacher or other disciplinary cause) shall be entitled to recall rights for one (1) year from the effective date of termination. Recall shall mean that if a vacancy occurs during the period of recall for which that employee on recall is qualified and certified, the laid off teacher shall first be offered the position and, upon acceptance, shall be appointed.

1.                   Employees on layoff shall be responsible for providing updates of their addresses to the Office of the Superintendent. Notice of vacancy shall be sent by one registered letter to the last address provided and failure to respond to such notice within fifteen (15) calendar days shall forfeit recall rights. Employees on layoff shall notify the Superintendent of any new licenses they may obtain during such layoff.

2.                   Employees on layoff may maintain their membership in the group health insurance plan provided they pay the total costs of such plan. An employee who declines recall without justification shall be considered terminated without further recall rights or benefits. An employee who refuses recall with justification shall move down one place on the recall list. All rights and benefits that an employee was entitled to when laid off shall be restored, in full, upon recall.

ARTICLE XVIII GENERAL

A.            There will be no reprisals of any kind taken against any teacher by reason of membership in the Association or participation in its collective bargaining activities.

B.            If any provision of this Contract or any application of the Contract to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications will continue in full force and effect.

C.            This contract constitutes Committee policy in respect to teachers' wages, hours and other conditions of their employment and the Committee will carry out the commitments contained therein and give them full force and effect as Committee policy. The Committee will amend its Administrative Regulations and take such other actions as may be necessary in order to give full force and effect to the provisions of this Agreement.

D.            No Strike Clause - The Association and any of its members will not engage in, induce or encourage any strike during the life of this Agreement.

E.            The professional employment of a teacher will not be jeopardized by the teacher's exercise of any rights of citizenship consistent with state and federal law. However, such activity must not conflict with the performance of the teacher's assigned duties.

F.             No teacher who has attained professional teacher status shall be dismissed without just cause and without the teacher receiving a written statement of the reasons.

G.            Copies of this Agreement shall be printed and a copy provided each teacher and every Committee member. The Superintendent and the President of the Association shall be provided with additional copies as needed. The cost of such preparation shall be shared equally by the Association and the Committee.

H.            The parties acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Committee and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter or matter not specifically referred to or covered in this Agreement even though the subjects or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

I.             No teacher who has attained professional teacher status will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause.

J.             Mileage reimbursement will be made May 31st and December 1st of each calendar year.

ARTICLE XIX TEACHER PROTECTION

Teachers will report all cases of assault suffered by them in connection with their employment to the Principal of their school and Superintendent.

ARTICLE XX COOPERATING TEACHERS

Teachers in the District will be able to assist in the development of student teachers. Only teachers with a minimum of three (3) years of experience will normally have student teachers assigned to them. Teachers will assume the responsibilities inherent in such an assignment.

ARTICLE XXI ASSOCIATION RIGHTS AND PRIVILEGES

A.            The Association may use school buildings without cost at reasonable times for meetings, provided such use does not require the Committee to incur any additional custodial expense. Arrangements as to time and place will be made with the Principal of the building.

B.            Agency Fee - Effective thirty (30) days after execution of this Agreement or the commencement of employment, whichever comes later, each employee covered by this Agreement who is not a member of the Association shall be required to pay an annual Agency Fee, pursuant to Massachusetts General Laws Chapter 150E, Section 12. The Association recognizes the sole and exclusive remedy for non-payment of the fee shall be for the Association to proceed to court for collection of the fee from a non-paying employee member of the unit. The School Committee is not, and should not, be responsible for the implementation, collection or enforcement of the Agency Fee, except that it will supply any required documentation to establish that a person is a member of the bargaining unit subject to the fee. The Association agrees that it will indemnify and hold the School Committee harmless for any action taken against any employee as a result of this Agency Service Fee agreement, including, but not limited to, any legal expenses incurred. In the event of conscientious or other objection to payment of the Agency Fee, the member of the bargaining unit will pay the amount of the fee to a fund set up by and administered by the Association for the individual or group benefit of Union #38 students.

ARTICLE XXII

POSITIONS IN SUMMER SCHOOL, FEDERAL PROGRAMS,

SUMMER CURRICULUM WORKSHOPS

A.            All openings for summer curriculum workshops, summer school and for positions under federal programs will be adequately publicized by the Superintendent in each building as early as possible and teachers who have applied for such positions will be notified of action regarding their applications. Such notice will be given as soon as practicable.

B.            Teachers now in the employ of the District will receive first consideration by the Administration should they apply for such openings.

C.            In the case of summer curriculum workshops, written notice will be posted of positions open. Teachers will file written applications for such positions.

ARTICLE XXIII LONGEVITY BENEFIT PLAN

A.            Employees with fifteen (15) completed years of service in the District may elect a longevity payment of three thousand dollars ($3,000) per year for three (3) consecutive years. The benefit payments are to be paid as part of regular pay, not as a separate stipend. Payments do not continue through a period of unpaid leave but will be restored upon return to active employment. Payments shall not continue upon a teacher's separation from employment unless such separation is due to a reduction in force, or unless the selection process prevents the teacher from remaining in the benefits plan for the full three (3) years.

B.            Application is required by October 1st of the year preceding the year in which the benefit payments shall begin.    Immediate placement is not ensured, since the District retains the right to set budget limits. However, the District will not set budget limits that are generally viewed as unreasonably restrictive. Employees electing but not immediately placed under the provisions of Paragraph (1) above will be carried forward to the next school year and placed at the top of the list.

C.            In the event that an abnormally high number of employees elect this option in a specific year, the following sequence of events will take place:

1.                   A request will go to all employees who have elected this option seeking employees willing to delay the start of this option to the next school year. Employees will have five (5) school days to respond to this request.

2.                   If a budgetary problem still exists after voluntary delays are sought, employees electing this option will start in order of seniority, with the most senior being placed first and the remainder starting in the next school year.

3.                   No employee will be denied immediate placement on the longevity schedule specified in this Article for any reason other than as specified in this Article.

D.            These provisions do not apply to nurses.

ARTICLE XXIV DEATH OR RETIREMENT BENEFITS

A.            1.             If a teacher dies while employed by the District, the estate will be entitled to be paid for unused available sick days at the rate of two (2) days for each full year of service [(one (1) day if the teacher elected the Article XXIII Longevity Plan].

2.            In addition to A.l above, if the teacher had at least ten (10) years of service as a teacher in the District, the estate will be entitled to a payment of four thousand dollars ($4,000), plus twenty dollars ($20) for each unused and available sick day [maximum allowance will be one hundred sixty (160) days plus the fifteen (15) days granted in the last year of service], up to a combined maximum of seven thousand five hundred dollars ($7,500).

Example: With 30 years' service as a teacher in the District and 120 unused and available sick days plus 12 days remaining from the days granted in last year of service, the teacher has 132 available days

A.l:          30 years' service = 60 days x per diem rate of salary (or 30 days x per diem rate if elected Article XXIII Longevity Plan)

A.2:        132 days x $20 per day =  $2,640

+ $4.000

$6,640

B.            1.             Teachers who retire while employed by the District will be entitled to be paid for unused available sick days at the rate of two (2) days for each full year of service [one (1) day if the teacher elected the Article XXIII Longevity Plan].

2.             In addition to B.l above, if the teacher has at least ten (10) years of service as a teacher in the District, or is required to retire solely based on his/her spouse's illness or disability, the teacher will be entitled to a payment of four thousand dollars ($4,000), plus twenty dollars ($20) for each unused and available sick day [maximum allowance will be one hundred sixty (160) days plus the fifteen (15) days granted in the last year of service], up to a combined maximum of seven thousand five hundred dollars ($7,500).

Example: With 25 years' service as a teacher in the District and 160 unused and available sick days plus 8 days remaining from the days granted in last year of service, the teacher has 168 available days.

B.l:          25 years' service = 50 days x per diem rate of salary (or 25 days x per diem rate if elected Article XXIII Longevity Plan)

B.2:        168 days x $20 per day =  $3,360

+ $4,000

$7,360

3.            Notice of intent to retire is required by October 1st of the year preceding the year in which the benefit payment shall be made. Accordingly, all salary benefits owed to a teacher shall be paid to the teacher within thirty (30) days after retirement if notice of intent to retire has been provided by October 1st of the previous year. Otherwise, all salary benefits owed shall be paid within thirty (30) days of the beginning of the fiscal year following the year in which the retirement occurs.

C.            "Retirement," as used in this Agreement, means the approved pension application by a teacher under the Massachusetts Teacher Retirement law.

D.            All salary benefits owed to a teacher shall be paid to the teacher or to his/her estate within thirty (30) days after retirement or the appointment of the estate representative in the case of death.

E.            These provisions do not apply to nurses.

ARTICLE XXV DURATION

This Contract will be effective as of July 1, 2010 and will continue in full force and effect until June 30, 2013.

IN WITNESS HEREOF, the parties to this Contract have caused these presents to be executed by their agents hereunto duly authorized, and their seals to be affixed this ______ day of ________ 2010.

For the School Committee of Whately:

_____________________________

Nathanael Fortune, Chair

For Union No. 38 Teachers Association:

_____________________________

Susan Siegel, President

APPENDIX A SALARY SCHEDULE

Union 38 Teachers

July 1, 2010 - June 30, 2011

 

B

B+15

M

M+15

M+30

3

38,463

39,661

40,901

42,180

43,499

4

39,661

40,901

42,180

43,499

44,859

5

40,901

42,180

43,499

44,859

46,260

6

42,180

43,499

44,859

46,260

47,703

7

43,499

44,859

46,260

47,703

49,194

8

44,859

46,260

47,703

49,194

50,731

9

46,260

47,703

49,194

50,731

52,319

10

47,703

49,194

50,731

52,319

53,951

11

49,194

50,731

52,319

53,951

55,637

12

50,731

52,319

53,951

55,637

57,377

13

52,319

53,951

55,637

57,377

59,173

14

55,871

57,559

59,632

61,426

63,859

20

57,605

59,324

61,441

63,270

65,753

July 1, 2011 - June 30, 2012

 

B

B+15

M

M+15

M+30

3

38,463

39,661

40,901

42,180

43,499

4

39,661

40,901

42,180

43,499

44,859

5

40,901

42,180

43,499

44,859

46,260

6

42,180

43,499

44,859

46,260

47,703

7

43,499

44,859

46,260

47,703

49,194

8

44,859

46,260

47,703

49,194

50,731

9

46,260

47,703

49,194

50,731

52,319

10

47,703

49,194

50,731

52,319

53,951

11

49,194

50,731

52,319

53,951

55,637

12

50,731

52,319

53,951

55,637

57,377

13

52,319

53,951

55,637

57,377

59,173

14

55,871

57,559

59,632

61,426

63,859

20

57,605

59,324

61,441

63,270

65,753

July 1, 2012-June 30, 2013

 

B

B+15

M

M+15

M+30

3

38,847

40,057

41,310

42,601

43,934

4

40,057

41,310

42,601

43,934

45,308

5

41,310

42,601

43,934

45,308

46,723

6

42,601

43,934

45,308

46,723

48,180

7

43,934

45,308

46,723

48,180

49,686

8

45,308

46,723

48,180

49,686

51,239

9

46,723

48,180

49,686

51,239

52,842

10

48,180

49,686

51,239

52,842

54,491

11

49,686

51,239

52,842

54,491

56,193

12

51,239

52,842

54,491

56,193

57,951

13

52,842

54,491

56,193

57,951

59,765

14

56,430

58,134

60,229

62,040

64,498

20

58,181

59,918

62,056

63,903

66,411

Nature's Classroom Teacher: $275 per teacher unit.

Workshop Presenters:  $30 per hour of presentation and reimbursement for reasonable expenses.

Head Teachers:   $400.

Placement on 20 occurs when a teacher has completed 19 years of service as a teacher in the District.

Mentors: $500 per each new teacher, $250 for second/third-year teacher, $250 for each additional teacher being mentored, to a maximum of three (3) in any year.

APPENDIX B

TEACHER EVALUATION

(To occur in accordance with Article VI)

Name ______________________ School Year ______________________

Current Assignment ______________________

Number of Years with District ______________________

Date of Goal Setting Conference ______________________

Date(s) of Observation (s) ______________________

Date of Evaluation Conference ______________________

I.             Philosophy of Evaluation

The goal of professional staff evaluation is to maximize student learning through effective instruction. The evaluation process is one that recognizes an individual's strengths and accomplishments while further addressing, where necessary, those areas for improvement. The value of staff uniqueness and diversity is recognized, as is the need to encourage those methods of instruction known to promote student learning.

Professional evaluation is viewed as a continuous and cooperative process between the evaluator and the person being evaluated.

This instrument is based on The Principles of Effective Teaching established for assessing professional performance. The broad areas for evaluation include: Currency in the Curriculum, Effective Planning and Assessment of Curriculum and Instruction, Effective Management of Classroom Environment, Effective Instruction, Promotion of High Standards and Expectations for Student Achievement, Promotion of Equity and Appreciation of Diversity, and Fulfillment of Professional Responsibilities. The evaluation of a staff member in any one of these areas is not based upon a single instance but rather on consistency of performance over the time period of the evaluation. The evaluation process takes into consideration significant differences in teaching assignment, class size, characteristics of environment and availability of aides and support personnel, if applicable.

Evaluation Reports recognize areas of strength as well as identify any areas needing attention. Constructive suggestions for improvement should be identified regarding each area needing attention. The observation document must include specific recommendations for improving performance in areas identified as needing improvement, an identification of the assistance required to implement the recommendations, and a time to accomplish and monitor improvement.

II.           Evaluation Process

ORIENTATION                                   Clarify process of evaluation

Review Teacher's Criteria Standards as set forth in the Evaluation Report Form

PRE-CONFERENCE                          Set up to two (2) annual goals/job targets using the Teacher's Professional Goals sheet

OBSERVATION(S)                             See III (Evaluation Cycle) below

CONFERENCE(S)                               Identify areas of strength/accomplishment.

Where   necessary,   identify   areas   of attention/ improvement.

III.          Evaluation Cycle

Except as otherwise provided herein, or as required by law, all teachers will be evaluated bi-annually, at least.

1.                   A teacher without professional status will be evaluated yearly and will not receive a formal written evaluation until January 1st of that first school year. The evaluation will be based upon at least three (3) observations, conducted in separate months prior to the month in which the evaluation takes place.

2.                   All other teachers will be evaluated no later than May 1st. The evaluation will be based upon at least two (2) observations, conducted in separate months prior to the month in which the evaluation takes place.

3.                   The observations of the evaluator will be recorded on the observation report. The observation report will be discussed with the teacher within five (5) school days after the date on which the observations are made.

4.                   The evaluation report will be discussed by May 15th with the teacher by the evaluator, and the teacher shall acknowledge having had the opportunity to review the report by signing the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. A copy of the evaluation report will be forwarded to the Superintendent and one copy will be given to the teacher.

5.                   On non-evaluation years, teachers will meet early in the school year with the Principal to discuss up to two (2) annual goals/job targets using the Teacher's Professional Goals sheet.

Evaluation Report

Standards of Teacher Performance

MS = Meets standards                                               MS              NI                      NA

NI = Needs Improvement                                         NA = Not applicable to this teacher

I. CURRENCY IN THE CURRICULUM (see Appendix C-l)

1.          The teacher is up-to-date regarding curriculum content.

Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

II.            EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION (see Appendix C-2)

1.    The teacher plans instruction effectively.

2.    The teacher plans assessment of student learning effectively.

3.    The teacher monitors students' understanding of the curriculum effectively and adjust instruction, materials, or assessments when appropriate.

Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

III.      EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

(see Appendix C-3)

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

2.    The teacher maintains appropriate standards of behavior, mutual respect and safety.

Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

IV.    EFFECTIVE INSTRUCTION (see Appendix C-4)

1.       The teacher makes learning goals clear to students.

2.       The teacher uses appropriate instructional techniques.

3.       The teacher uses appropriate questioning techniques.

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

Comments

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

V.    PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT (see Appendix C-5)

1.     The teacher communicates learning goals and high standards and expectations to students.

2.     The teacher promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving the goals of the curriculum.

Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

VI.    PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

(see Appendix C-6)

1.       The teacher strives to ensure equitable opportunities for student learning.

2.       The teacher demands appreciation for and sensitivity to the diversity among individuals.

Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

VII.   FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

(see Appendix C-7)

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

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

3.       The teacher is a reflective and continuous learner.

Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Employment Recommendation

I recommend that this Teacher without professional teacher status:

_________ continue his/her assignment

_________continue in his/her position with attention to the following professional development needs:

a. ___________________________

b. ___________________________

_________ be non-renewed

_________ be granted professional teacher status

I recommend that this Teacher with professional teacher status:

_________ continue his/her assignment

_________ be reassigned to

_________continue in his/her position with attention to the following professional development needs:

a. __________________

b. __________________

_________ be considered for termination

I have seen this evaluation and it has been discussed with me by the evaluator.

___________________________                                                       ___________________________

Teacher                                                                                                       Date

___________________________                                                       ___________________________

Authorized Evaluator                                                                               Date

The teacher's signature indicates only that s/he has read the document and does not necessarily mean agreement with its contents. The teacher may attach a written statement of his/her own within ten (10) school days following receipt of a signed copy of his/her Evaluation Report.

FRONTIER REGIONAL/UNION #38 SCHOOL DISTRICTS

Teacher's Individual Professional Goals

Name: __________________ School Year: ______ Date Submitted: _________

Goal Title: __________________ Goal #:  _________________

Goal Statement:

Activities to Achieve Objectives

Date Started

Date Completed

Indicators of Accomplishment PDP's/Workshops/etc.

Date of Goal Setting Meeting:  _________  Principal's Approval: __________________

Date: ___________________________

APPENDIX C NURSE SCHEDULE

The Parties will agree to the job description for the nurses (which applies only to full-year school nurses, not contracted specialists), which, once established, shall be considered contractual.

The nurses will be placed on the Salary Schedule so as to be phased in over three (3) years (as below) to the appropriate placement from the salary in effect prior to July 1, 2010:

2010-2011: 25% of appropriate placement differential

2011 -2012: 50% of appropriate placement differential

2012-2013: 75% of appropriate placement differential

On June 30, 2013, the nurses will be placed on their appropriate Step.

MEMORANDUM OF AGREEMENT

The School Committee of the Town of Whately and the Whately Teachers Association agree as follows:

1.                   Effective on or after July 1, 2010, the Town of Whately may implement its proposed five percent increase in the employee percentage of premiums to be paid for the existing health insurance plans.

2.                   Effective on the same date as said health insurance percentages increase employee health care costs, each affected employee shall have his/her salary or wage increased by an amount that will total one hundred and fifty dollars for the entire year, pro-rated for a less than full year change during fiscal year 2011. For fiscal year 2012, those employees shall have an increase amounting to another one hundred dollars per year; and for fiscal year 2013, those employees shall have an increase amounting to another fifty dollars per year.

3.                   In connection with this Memorandum, the Association waives any claim it might have as a consequence of any Insurance Advisory Committee compliance issue under the provisions of Chapter 32B and applicable provisions of Chapter 150E.

4.                   It is further agreed that any and all deductions from pay heretofore and hereafter made from the pay of any employee in anticipation of the change in premium percentage paid by employees shall be appropriately credited to that employee's account.

5.                   This Agreement encompasses Whately Teachers and Instructional Assistants.