Wrentham

AGREEMENT

BETWEEN THE

WRENTHAM SCHOOL COMMITTEE

AND

WRENTHAM TEACHERS' ASSOCIATION

AUGUST 27, 2010 through AUGUST 26, 2013

PREAMBLE

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this contract is made on the date of execution indicated at the end of the duration article, by the Wrentham School Committee of the elementary schools of the Town of Wrentham (state code 350, sometimes hereinafter referred to as the Committee) and the Wrentham Teachers' Association (hereinafter sometimes referred to as the Association).

ARTICLE I - RECOGNITION AND AGENCY FEE

The Committee hereby recognizes the Association as the exclusive bargaining agent and representative of all full and part-time classroom, special subject and special education teachers, school librarian, school nurse(s), and school psychologist holding contracts from the Committee for the purposes of collective bargaining with respect to wages, hours, and other conditions of employment and any other questions arising hereunder.

1.       As of the first day of school in August of 2010, any teacher who chooses not to be a member of the Wrentham Teachers' Association shall be required to pay an Agency Service Fee subject to the provisions contained in Chapter 150E, section 12 of the General Laws of Massachusetts. Every employee covered by this Agreement who is not a member of the association by failure to pay the established dues of the Association membership, shall pay an Agency Service Fee.

2.       The amount of this fee shall be set annually by the Association. The fee shall be equal to the cost of collective bargaining and contract administration.

3.       The Committee agrees to require that all employees who are not members of the Association pay annually or by dues deduction an Agency Service Fee. The Agency Service Fee amount will be certified annually to the Committee by the association. An employee may elect one of the options below in lieu of paying the Agency Fee.

a.     Join the Association and pay the necessary dues;

b.     Make a contribution equal to the Agency Service Fee or dues to the Association Scholarship Fund.

4.    Teachers who fail to pay the Agency Service Fee shall not be subject to dismissal or suspension, or any other disciplinary action; however the Association may pursue payment through whatever means it deems appropriate.

ARTICLE II - GRIEVANCE PROCEDURE

A.            Definitions

1.       Grievance - A grievance is a dispute over the interpretation or application of the terms or provisions of the contract.

2.       Grievant - A grievant may be either an individual employee or group of employees.

3.       Days - Days shall mean school days except during the summer recess when days shall mean when the District Office is open.

B.            Grievance Format

All grievances shall specify the nature of the grievance, article(s) of the contract violated, date the alleged violation occurred, name of the grievant, the name of the person giving rise to the grievance, and the remedy sought.

C.            Grievance Procedure

1.     Purpose

The purpose of the grievance procedure is to produce prompt and equitable solutions to those problems that from time to time may arise. The Committee and the Association desire that the stated grievance procedures shall always be informal and confidential as may be appropriate for the grievance involved at the procedural level involved.

2.     Level 1 - Informal Step

A grievant shall present his/her grievance orally to the principal within ten (10) days of the action-giving rise to the claim or from the date the individual should have reasonably known of such action. The principal shall respond orally to the grievance within five (5) days of any discussion. In addition, the Association through its representative shall have the right to receive from the principal a written verification of the date this step occurred including the identification of the grievant. However, no other information will be required to be divulged at this step.

3.     Level 2 - Principal

If the grievant is not satisfied with the disposition of the grievance at the informal step within five (5) days of the oral response or fifteen (15) days from the action giving rise to the grievance, the grievance may be presented in writing in accordance with section B above. Within five (5) days of receipt of the grievance, the Principal shall meet with the grievant and within ten (10) days of such meeting shall respond in writing with an answer.

4.     Level 3 - Superintendent

If the grievant is not satisfied with the disposition of the grievance at Level 2, within five (5) days of the written response or ten (10) days of the meeting to discuss the grievance, the grievant may appeal the grievance to the Superintendent. Within five (5) days of receipt of the grievance, the Superintendent shall meet with the grievant and within ten (10) days of such meeting shall respond in writing with an answer.

5.     Level 4 - School Committee

If the grievant is not satisfied with the disposition of the grievance at Level 3, within (5) days of the written response or ten (10) days of the meeting to discuss the grievance, the grievant may appeal the grievance to the School Committee. The School Committee shall hear the grievance at the next regularly scheduled Committee meeting during Executive Session provided at least five (5) days notice of such appeal has been given. Within fifteen (15) days of the close of the meeting to hear the appeal, the Committee shall render a decision in writing to the grievant.

6.     Level 5 - Arbitration

a.     If the Association is not satisfied with the resolution of the grievance at Level 4, it may, by so notifying the Committee within ten (10) days of receipt of the Committee's decision, submit the grievance to arbitration. The submission shall be in the form of a Demand for Arbitration. Within ten (10) days of receipt of the Demand by the Committee, the President of the Association or designee and the Chairman of the School Committee or designee shall attempt to agree upon the name of an arbitrator. If, within five (5) days of such attempt, no agreement can be reached, the Demand may be submitted to the American Arbitration Association. The parties agree to be bound by the rules and procedures of the American Arbitration Association.

b.     The arbitrator shall be without authority to render a decision that requires the commission of an act prohibited by law or in violation of the terms of this Contract. School Committee.

c.     The expense of such arbitration shall be split between the Association and the School Committee.

D.            Miscellaneous

1.    An employee may present a grievance to the employer and have such grievance heard without the intervention of the Association. However, the Association has the right to be present at any meeting where the grievance is discussed and provided no grievance resolution is inconsistent with the terms of this Contract.

2.       If a grievance is not initiated or appealed in accordance with this procedure the grievance shall be deemed waived.

3.       The time limits stated herein may be extended in writing by mutual agreement of the parties.

4.       Each time a grievance is appealed the reason for the appeal must be responsive to the answer at the previous level of the procedure.

ARTICLE III - MANAGEMENT RIGHTS

Subject to the provisions of this Contract, the Committee and the Superintendent reserve and retain full authority and discretion in the proper discharge of their duties and responsibilities, to control and supervise the Wrentham Public Schools and the professional staff under existing laws, ordinances and regulations.

ARTICLE IV - LEAVE OF ABSENCE WITH PAY

A.            Sick Leave

1.      Sick days will hereafter be titled "Teacher/family sick days". Family sick days for short-term immediate illness will be limited to family members who reside in the household.

2.      Teachers shall earn sick leave at the rate of one and one-half (1-1/2) days per month for a total of fifteen (15) days per year. In certain cases the School Committee may request the school health services personnel to determine that the teacher is unable to teach. At the discretion of the Superintendent, a teacher may be allowed to utilize paid sick days in advance of them having been accrued. In cases of suspected abuse of sick leave, a teacher may be required to be examined at the School Committee's expense, by a doctor designated by the Superintendent.

3.      There will be no limit on accumulation for those employees hired prior to the 1978 - 1979 school year. Employees hired after the 1978-1979 school year shall be able to accumulate 184 sick days.

4.      Once a teacher has notified the Committee he/she is resigning, retiring, or going on a leave of absence, use of sick leave beyond three (3) days must be for just cause and may be verified by a doctor's certification. No sick leave will be given to employees in this situation if the Committee has requested verification of use of sick leave. The doctor's certification in such case will be at the expense of the Committee. The school doctor will make the certification when the expense is borne by the Committee. If any other doctor is used, it will be at the teacher's expense. The teacher could be reimbursed in an amount equal to the standard fee of the school doctor, if the teacher used his/her own doctor at the request of the Committee. If the reasons for the leave is an operation or a period of recuperation from an illness, then the doctor must certify that the operation, etc., is not elective and if of an emergency nature not to be postponed to a period of time when school is not in session or after employment has terminated.

B.            Personal Leave

1.   Five (5) days of personal leave, non accumulative, for each full year may be granted for the following reasons:

a.     three personal days, no reason given

b.     one emergency day

c.     one at the discretion of the Superintendent

2.     Such days are subject to the following restrictions: Notification of such days must be given to the Superintendent at least three (3) days in advance, when possible; no more than three (3) teachers may take such days on any one school day; such personal days cannot be taken on the day before or after a vacation or extended weekend; and such days are not to be taken except that such personal days may be granted by the Superintendent for significant life events if the event is explained to the Superintendent.

3.     Teachers may submit a written request to the Committee for personal emergencies not specifically covered by the Contract. Pay will not be deducted for such leave until the Committee acts.

4.     Personal leave days shall not be deducted from sick leave.

C.            Professional Improvement

Teachers may be granted time for professional improvement to visit another school system for the purpose of improving their instructional ability or to observe a particular educational program upon permission of the Superintendent.

D.            Educational Meetings

Teachers may be granted permission to attend educational meetings or conferences with reasonable expenses reimbursed, upon written request to the Superintendent. Mileage shall be reimbursed at the current IRS rate per mile.

E.            Bereavement Leave

1.     Teachers will be granted bereavement leave with pay for five (5) calendar days beginning the day after the death of a teacher's parent, child, spouse, sibling, grandparent, grandchild, mother-in-law, or father-in-law.

2.     Teachers will be granted up to two (2) days of bereavement leave with pay at the time of the death of the teacher's aunt, uncle, cousin, brother-in-law, sister-in-law, or other member of the teacher's immediate household not otherwise included in this or the preceding paragraph.

3.     Bereavement leave under the preceding two paragraphs will not be deducted from sick leave or from personal leave.

4.     Additional bereavement leave may be granted at the discretion of the Superintendent.

F.             Sick Bank

Teachers will be entitled to enter the Wrentham Schools Sick Bank by the donation of two of their allotted sick days. Teachers who have exhausted their entire number of sick days may apply to the Sick Bank Board, consisting of the WTA president, school principal and superintendent for up to 20 additional sick days in any given year. They may make such application for personal illness only. The decision of the board is final. If at the end of any school year the bank has 150 days remaining, the voluntary contribution in the following September will be one day. No teacher may apply to the sick bank if they have not contributed.

ARTICLE V - MATERNITY LEAVE

A.            Maternity Leave: Teachers shall be granted maternity leave. Such leaves to be governed by the following conditions:

1.            Female Employee Without Professional Teacher Status. A female employee without professional teacher status, who has been employed by the Committee for at least three (3) consecutive months as a full-time employee, shall be entitled to maternity leave for a period not to exceed twelve (12) weeks (8 weeks of which may be paid provided that the teacher in question has sufficient accrued sick leave available); if any regularly scheduled school vacation days fall during any portion of the eight week period of leave, the employee shall be entitled to additional days equal to the same number of scheduled school vacation days. This provision does not apply to summer vacation periods or Saturdays and Sundays, which fall during a school vacation period. Said leave shall be for the purpose of giving birth and recovery from any disability resulting there from. The employee shall give at least sixty (60) calendar days written notice to the Superintendent of Schools of her anticipated date of departure and intention to return to duty. Such notice shall include a written statement from her physician attesting to the employee's ability to continue performing the full duties and responsibilities of her position and giving his/her estimate of the delivery date and shall be considered as a request for leave under the provisions of the Family and Medical Leave Act of 1993. She shall be permitted to continue on active duty until such date, provided she does perform the full duties and responsibilities of her position and furnishes additional statements from her physician upon the reasonable request of the Superintendent or his/her designee.

The employee without professional teacher status may elect to use her accumulated sick leave during her period of physical disability as a result of childbearing for a period of eight (8) week. Sick leave shall be paid only during the time period in which a physician certifies the employee to be physically disabled and only to the extent of the number of sick leave days the employee has accumulated. The request to use accrued sick leave shall be made in writing to the Superintendent.

2.             Female Employee With Professional Teacher Status. A female employee with professional teacher status may be entitled to maternity leave for a period of up to two (2) years, except as is otherwise provided herein, from the date of its commencement, provided, wherever possible, she gives at least sixty (60) calendar days written notice to the Superintendent of her anticipated date of departure and intention to return to duty. Such notice shall include a written statement from her physician attesting to the employee's ability to continue performing the full duties and responsibilities of her position and giving his/her estimate of the delivery date and shall be considered as a request for leave under the provisions of the Family and Medical Leave Act of 1993. She shall be permitted to continue on active duty until such date, provided she does perform the full duties and responsibilities of her position and furnishes additional statements from her physician upon the reasonable request of the Superintendent or his/her designee. Normally, the employee will be permitted to return to duty only at the beginning of a school year, unless she returns within twelve (12) weeks after the commencement of her maternity leave. In the event an employee's leave of absence of one (1) year shall expire after the beginning of the school year, the leave of absence shall be extended to the beginning of the next school year to permit the employee's return to duty at such time. Under the exceptional circumstances, (such as but not limited to miscarriage or death of a child) a teacher desiring to return to her teaching duties at a time other than those set forth above may make written application for reinstatement to the Superintendent. The Superintendent may grant such reinstatement.

The employee with professional teacher status may elect to use her accumulated sick leave during her period of physical disability as a result of childbearing for a period of eight (8) weeks. Sick leave shall be paid only during the time period in which a physician certifies the employee to be physically disabled and only to the extent of the number of sick leave days the employee has accumulated. The request to use accrued sick leave shall be made in writing to the Superintendent.

3.       In the event an employee fails to return to duty at the expiration of her maternity leave, the employee shall be deemed to have resigned, and the obligation of the Committee to provide a position for her shall cease.

4.       All benefits to which the employee was entitled at the time of 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, and she shall, except as is otherwise provided herein, be assigned to the same teaching position which she held at the time such leave commenced, if such position is available, or if it is not available, to a substantially equivalent teaching position. Upon her return, the employee shall not advance in increment unless she shall have worked at least one hundred (100) days in the school year in which her leave commenced either in the Wrentham Public School System or in another school system. The Committee shall not be required to restore an employee on maternity leave to her previous or similar position if other employees of equal length of service credit and status in the same similar position have been laid off due to economic conditions or other changes in operating conditions affecting employment during the period of her maternity leave; provided, however, that the employee on maternity leave shall retain any preferential consideration for any other position to which she may be entitled as of the date her leave commenced.

5.             The parties recognize that the Family and Medical Leave Act (FMLA), as amended may establish rights different from those expressed in this article. To the extent that this is true, the greater of those rights (i.e., FMLA rights vs. rights under this article) will control, but those greater rights will not be in addition to the lesser rights. Where an employee takes leave under one of the articles set forth in this Agreement for a reason which would entitle the 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.

B.            Paternity Leave: Teacher's shall be granted paternity leave. Such leaves to be governed by the following conditions:

1.            A male teacher whose spouse is hospitalized for the purpose of child bearing and recovery shall be granted two additional days of paid personal leave. Said two additional days of paid personal leave must be used during the period from two weeks prior to delivery to two weeks following delivery.

C.            Adoption Policy:

1.                   A teacher without professional teacher status, when adopting a child shall be granted a leave of absence without pay under similar conditions listed in Article V, Section A, as they relate to a teacher without professional teacher status on maternity leave.

2.                   A teacher with professional teacher status, when adopting a child shall be granted a leave of absence without pay under similar conditions listed in Article V, Section A, as they relate to a teacher with professional teacher status on maternity leave.

ARTICLE VI - LEAVES OF ABSENCE WITHOUT PAY

A.            All requests for leaves of absence shall be submitted in writing to the Superintendent with the reason therefore to be then acted upon by the Committee. Except for maternity leaves or except as otherwise noted in this article, requests for leaves of absence without pay must be submitted by January 15^th preceding the commencement of the leave. Exceptions to this requirement may be made at the discretion of the School Committee.

B.            A teacher, whose personal illness extends beyond the period of time for which he/she is entitled to receive sick leave, will be granted a leave of absence pursuant to section A above, by the Committee for such time as is necessary for his/her recovery from such illness, subject however, to the following:

1.       Such leave shall extend for a maximum of two (2) years.

2.       Such leave request will be supported by appropriate medical evidence as determined by the Committee.

3.       A teacher shall not be eligible for increment credit.

C.            A teacher will be granted a leave of absence pursuant to section A above, for a period of up to two (2) continuous years for the purpose of caring for a sick member of the employee's immediate family (spouse, children, parents), pursuant to the conditions set forth in section B.l, 2, and 3 above.

D.           The teacher may request to utilize her accumulated sick leave and/or personal time during her period of physical disability pursuant to Article IV, Section A.

E.            Leaves of absence may be granted for graduate study for one or two year's duration. Such leave shall be pursuant to section B.l and 3 above.

F.             Other leaves of absence may be granted to teachers for purposes other than those set forth above. Such leave shall be granted subject to B.3 above.

G.            The leaves of absence provided for under this Article may be extended by the Committee. Requests for such extensions will be submitted in writing to the Superintendent. Total leaves of absence plus extensions will not exceed two (2) years in any four (4) year period.

H.            All benefits to which a teacher was entitled at the time his/her leave of absence without pay commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return and he/she will be assigned to a teaching position. Nothing in this Article shall act so as to diminish the rights of teachers under Article IX.

I.             A teacher who wishes to apply for sabbatical leave must meet with the Committee prior to October 15^th preceding the school year in which the sabbatical leave would be taken to discuss the proposal and an individual contract.

J.             An alternative career leave will be available to staff only at the discretion of the Superintendent of Schools. Professional staff may request up to two years to pursue alternative careers. Said leave will be unpaid and the schools or town will not be liable for health insurance for a staff member under this provision. The individual has the option of remaining as part of the group insurance plan by paying 100% of the insurance cost plus a town administrative fee of up to 4%. Staff must notify the Superintendent of Schools by January 15^th in the year prior to the one in which (s)he will be requesting the leave, citing the number of years (one or two) requested. Should said teacher decide to return to the employ of the Wrentham Public Schools, (s)he will return with all seniority intact. No additional seniority will accrue during the year(s) of leave. The decision to return must be made in writing to the Superintendent of Schools by January 15    of the year prior to the return. Upon return from alternative career leave, a teacher may not re-apply for a period often years.

ARTICLE VII - RESIGNATIONS

Resignations must be presented to the Committee at least four (4) weeks in advance of the effective date.

ARTICLE VIII - PAYROLL DEDUCTIONS

Payroll deductions for the Wrentham Teacher's Association dues may be arranged with the Treasurer of the Town of Wrentham. Additional payroll deductions may be arranged with the Superintendent of Schools. Professional staff in the Wrentham Public Schools is entitled to all health and life insurance plans offered to town employees. All employees shall contribute 25% of the cost of HMO (non-indemnity) health insurance plans. The contribution rate toward PPO's (indemnity plans) shall be set by the Town but not be more than 50% of the cost.

ARTICLE IX - POSTINGS/TEACHER ASSIGNMENTS

A.            All extra paid positions will be posted. The President of the Wrentham Teacher's Association will be notified in writing of any teaching vacancy that occurs when school is not in session.

B.            Except in unusual circumstances, teachers will be notified in writing of any change in their teaching assignments from the prior school year, including the school or schools to which they will be assigned, the grade and subject they will teach and any special or unusual classes which will require special preparation beforehand. The notification will be given as soon as practical and normally not later than the close of the school year. In the event that changes in assignment are necessitated by conditions arising during the summer, a formal notice of each change will be mailed as soon as practical to the teacher's permanent home address. A copy of this will also be e-mailed to the teacher's school e-mail address.

C.            Teachers who desire a change in grade or subject assignment or who desire to transfer to another school building shall file a written statement of such desire with the Superintendent, with supporting reasons for such change, not later than May 1^st. Such statement shall include the requested grade change. As soon as practical and not normally later than the close of school, the Superintendent shall notify said teacher of the disposition of the request.

D.            1.             When involuntary transfers are necessary, the teacher's area of competence, licensures, quality of teaching performance, and length of service in the Wrentham School System will be considered. Teachers who are being involuntarily transferred will be transferred to a reasonably comparable position when possible.

2.             If the Administration reduces the number of positions assigned to a grade level or building, the Principal shall invite all teachers in that grade level or building to volunteer to be transferred.

3.            Regardless of whether there are any changes forecasted for the following year, teachers may voluntarily exchange assignments for the length of one year with the mutual agreement of the Principal and the affected teachers. At the end of the school year, all teachers involved would return to their original assignment unless otherwise agreed upon by the Principal and the affected teachers. This does not limit the Principal's rights as listed in Dl.

E.             The wishes of the individual teacher with respect to grade assignment will receive the fullest consideration, but the instructional requirements of the school system and its pupils will be the controlling factor as determined by the Superintendent.

ARTICLE X -REDUCTIONS IN FORCE

In case of a reduction in force for any reason of teachers with professional teacher status or school nurses employed for more than three years, the following procedure shall apply: Qualified shall mean holding an appropriate license.

A.            A teacher with professional teacher status shall not be laid off if there is a teacher without professional teacher status whose position the teacher with professional teacher status is qualified to fill.

B.            In the event the reduction in force cannot be accomplished by attrition, employees shall be laid off according to the following seniority groupings:

YEARS IN SYSTEM

C.            No employee will be laid off until all employees within their area(s) of certification licensure in the lower numbered group(s) have been laid off. An employee's position in a group will remain unchanged during leaves of absence.

D.            Employees who have been laid off shall be entitled to recall rights for two (2) years for any vacancy or new position that they are qualified to fill in the inverse order of their respective layoff.

E.           Employees laid off under this paragraph shall be given priority on the substitute list during said recall period.

F.           Employees on recall shall be notified by the Superintendent of any open positions within their certification in the School System. Failure to apply for an open full time, permanent position within his/her area of competence within fifteen (15) days following such notification by the Superintendent shall terminate the requirements of this Article.

G.           All benefits, including salary and professional teacher status, to which an employee was entitled at the time of layoff, shall be restored in full, upon reemployment within the recall period.

H.          A list specifying the seniority groups shall be prepared by the Committee and forwarded to the President of the Association within thirty (30) days following execution of this Contract. An updated list will be supplied annually thereafter. If no challenge to the list is made by the Association within thirty (30) days of receipt of the list, the list stands as written.

I.             If legally possible, teachers laid off under this paragraph may continue group health and life insurance coverage as provided by the Town of Wrentham during said recall period. Failure to forward premium payments to the Town Treasurer shall terminate this option. However, if the laid off teacher gets another job and is eligible to participate in a health insurance and/or life insurance plan in his/her new position, then the laid off teacher will no longer be eligible to participate in the plans offered by the Town.

J.           Teachers laid off under this paragraph will have the option of being paid for 20% of unused sick days to a maximum payment of $1000.00. A teacher who receives this money and is later recalled will start with zero sick days unless he/she decides to buy back all previous sick leave at 104% of the amount received to be deducted from the teacher's pay over the course of a year.

K.         Nothing in this Article shall act so as to diminish the rights of teachers under Chapter 71, Sections 41 and 42 of the General Laws of the Commonwealth of Massachusetts.

L.          For the purposes of this Article, seniority shall be defined as the total length of regular employment with the Wrentham Public Schools from the most recent date of hire. Paid and unpaid leaves of absence and layoffs occurring pursuant to this Agreement shall not be considered to be a break in service. Non-bargaining unit members will retain their bargaining unit seniority, but will not be given seniority credit for time spent in a non-bargaining unit position. Except for the probationary grouping defined in Section C.l, if a person has five (5) months or more of service within the Wrentham School System in any school as a regular employee, he/she will be placed in the next higher grouping, if appropriate. Time as a substitute or as a long-term substitute for a teacher on an unpaid leave of absence shall not count towards seniority credit.

ARTICLE XI - DUTIES

Teachers will be relieved from morning and noontime recess duties. In times of severe financial crisis, said crisis agreed upon by the WTA President and the School Committee Chair, duties may be established for the duration of the financial crisis only.

ARTICLE XII - SUBSTITUTES

Substitute teachers will be provided for all teachers absent during the school year, including special subject teachers and nurses whenever possible. This Article does not apply to school psychologists.

ARTICLE XIII - PLANNING TIME

A.            All teachers, both regular classroom and special subject, shall receive planning time which over the course of a regular five day week will average out to a minimum of thirty (30) continuous minutes per school day. The provisions of this Article do not apply to positions of nurse or school psychologist. In case of a financial crisis agreed upon by both the Committee and the Association, a thirty (30) minute block of time may be assigned before the beginning of classes and will be considered planning time.

B.            Attendance at faculty or group meetings during a teacher's preparation time or lunchtime shall be entirely voluntary.

ARTICLE XIV - STAFF MEETINGS

A.            There will be one full faculty meeting per month September through June as needed and one committee (Curriculum Planning/Grade Level/Student Support Team) meeting per month. Meetings may run up to sixty (60) minutes in length. Meetings will be scheduled on workdays other than Fridays or days prior to holidays or school vacation.   Additional committee meetings will be held at the option of committee members. Teachers will be notified in writing one week in advance of scheduled faculty meetings. Included in the notice will be an estimated meeting length TEAM evaluation meetings, meetings with parents or students, or meetings with administration concerning parents or students do not constitute faculty or committee meetings.

ARTICLE XV - LUNCH PERIODS

Except under unusual circumstances, teachers shall have a duty-free lunch period of at least forty (40) minutes per day. While every effort will be made to provide a forty (40) minute lunch period for the nurse(s) per day, it is recognized that the nurse's lunch period may not occur at the same time each day.

ARTICLE XVI - JUST CAUSE

No teacher will be dismissed, suspended, reprimanded in writing, or reduced in rank or compensation without just cause. This clause does not apply to decisions not to renew a non-professional status teacher, nor does it apply to decisions not to employ or reemploy a teacher in any extracurricular or hourly-compensated capacity, nor does it apply to teacher evaluations. This clause shall also not apply to decisions not to rehire a nurse at the end of her first, second or third years of employment.

ARTICLE XVII - SAVINGS AND SEPARABILITY

If provisions of this Contract shall be found contrary to the law, then such provisions shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions shall continue in full force and effect.

ARTICLE XVIII - TEACHER WORK DAY AND YEAR AND OTHER CONDITIONS OF EMPLOYMENT

A.            All employees covered by this agreement shall have a work day of six (6) hours, 45 minutes in 2010-2011, generally 8:00 AM to 2:45 PM. At the start of the 2011-2012 school year, the teacher work day will be seven (7) hours, generally 8:00 AM to 3:00 PM. The parties agree that additional time on learning can be beneficial for students. As such, effective with the 2011-2012 school year, the parties agree that the instructional time afforded to students, within the parameters of the current school day and teacher work configuration, can be increased up to fifteen (15) minutes. The goal and intent of this extension of the instructional day is to provide students with additional contact time in the classroom with teachers.

B.      All employees covered by this agreement shall attend the annual "Open House" for their respective schools. No teacher shall be required to attend more than one Open House. Shared staff shall attend the Open House at the school where they have the majority of their schedule.

C.      All teachers are required to attend two evening conference dates scheduled by the Superintendent. One in the fall and another in the spring. Students shall be released at noon on those days on which parent conferences may be scheduled, twice in the fall and twice in the spring. Two of the conference days, chosen by the Superintendent, may be used for evening conferences to begin no later than 6:30 PM and to end no later than 9:30 PM. Teachers who are attending evening conferences may leave school after the dismissal of students. All departments will be represented at conferences with parents. Part time staff are required to be available for parent teacher conferences during scheduled conference times.

D.      The teacher work year shall consist of 180 student days, three (3) full days of Professional Development and one (1) day before the start of the school year for a total of 184 contract work days.

E.      Subject to the provisions of this Contract, the wages, hours and other conditions of employment applicable on the effective date of this Contract by the employees covered by this Contract shall continue to be so applicable. This Agreement is the result of collective negotiations between the Committee and the Association that have been conducted under the requirements and directions of state law. The provisions of this Contract supersede all conflicting policies and directives of the Committee and may be changed only through mutual agreements of the Committee and Association. All terms and conditions of employment not covered by the Agreement shall continue to be subject to the Committee's direction and control and shall not be the subject of negotiations until the commencement of the negotiations for a successor to this Contract. The maintenance of the spirit of cooperation between the Association and Committee shall be considered important in the decision-making process.

F.       The Committee and the Association recognize that class size impacts upon the opportunity for children to learn and upon the effectiveness of teaching. Whenever possible class size as recommended by the School Council shall be maintained.

G.      The Committee will make every effort to provide each professional employee with comfortable, climatic conditions and an educationally sound, legal and safe environment. Each building shall have well-lighted, clean and separate restroom facilities.

ARTICLE XIX - COMPENSATION

A.            For the purpose of recognition of previous experience to determine the maximum step on schedule, a year of experience will be considered as such, if it was for at least five (5) months in Wrentham School System or ten (10) months of the school year under a regular contract with a Committee of another public school system.

B.            Service Increment

Teachers shall be eligible for a service increment for years of service only in the Wrentham Public Schools as follows:

C.            In addition to the foregoing service increments, there shall also be a grandfathered supplementary longevity payment that will be available only to those teachers who have served in the Wrentham School System for at least fifteen (15) years at the time the supplementary payments will begin. Any such teacher shall be eligible to receive a supplementary longevity payment in the amount of four thousand ($4,000) per year for any single period of three (3) consecutive years during his or her teaching career subject to the following conditions:

1.                   The teacher must give written notice of his or her intent to access this supplementary longevity payment to the Superintendent or his or her designee prior to the January 15^th preceding the contract year in which the teacher desires to begin receiving this benefit. Payment may be in 26 equal periods or in a lump sum after February 1^st of the school year in which payment is to be made.

2.                   Once given, the written notice will be irrevocable.

3.                   Once the three (3) year period for this supplementary longevity payment has been completed, the supplementary longevity payment will revert to the salary level that he or she would otherwise be at under the terms of the collective bargaining agreement that is then in effect.

D.            Teachers will have the option to work during vacation periods and after school in curriculum development and innovation if requested by the Committee. Plans for such work are to be submitted to the Committee in advance for the Committee's approval. Salary will be at the rate of thirty ($30) dollars per hour.

Teachers who supervise/teach after school sports or other activities shall be paid thirty ($30) dollars per hour. In the event that a program has an enrollment of fewer than ten (10) students, the instructor shall be paid fifteen ($15) per hour.

E.            Course reimbursement per Superintendent approved course will be indexed to the tuition, including required course fees, but not material fees, of one three-credit course at Massachusetts state colleges. One course per year will be allowed for reimbursement. If a course is taken at an institution other than a state college the amount reimbursed will be up to the state college amount. Teachers enrolled in a recognized graduate degree program (Masters, C.A.G.S., Doctoral) will have one course reimbursed per year at full tuition. Teachers must notify the Superintendent of Schools by January 15^th in the year prior to the one in which the teacher intends to take such course(s) on forms provided by the Superintendent of Schools. Late notification will be considered on a fund-available basis. Should budgetary constraints disallow funding of all requests, reimbursable courses will be approved in the order in which they were received by the Superintendent's Office. Teachers who did not have their requests honored will be given priority in the next fiscal year.

Superintendent-approved in-service courses held after school hours will be allowed for movement on the salary scale in the ratio of one increment credit for each 15 hours of in-service course work. Such course work must coincide with the teacher's individual professional development plan.

Credits beyond a bachelor's and master's degree are to be reviewed and approved by the Superintendent. Credits awarded during the year 1974 or later, will be reviewed for the purposes of approval. A grade of "B" or better or if no grade given, the course must have been passed, as a minimum.

F.            The Committee may withhold an individual teacher's advancement on step for just cause.

G.            There will be twenty-six (26) regular salary payments per year with the option of receiving summer checks late in June upon written request to the Superintendent by May 15^th of each year. Twenty-seven (27) payments may be made in a contract year from time to time in order to correct calendar shifts of the first pay date relative to the start of the school year, upon agreement of the Association and the Superintendent of Schools. Such agreement will be made during the contract year before the year in which twenty-seven (27) payments are made, and the staff will be notified.

H.            Each unexcused absence will result in the loss of 1/184^th of salary.

I.              Wages and benefits for less than full time teachers will be pro-rated in proportion to the time worked.

J.              Teachers who accompany students on the school-sponsored overnight outdoor education program shall be compensated for each night spent away from home at a rate of seventy-five ($75) dollars per night. The number of teachers to be compensated shall be equal to the number of classes attending. The coordinator of the outdoor education program shall receive a stipend of five-hundred ($500) dollars.

K.            Any previous or newly created positions that are entitled to a stipend shall have the amount mutually negotiated between the Wrentham Teachers Association and the Superintendent of Schools and approved by the Wrentham School Committee.

L.            In order to advance from one salary column to another (e.g., from Bachelor's to Bachelor's +18), an individual must notify the Superintendent in writing by January 15^th that the teacher anticipates going from one salary column to another at the start of the next school year. Each year prior to January 15^th the Superintendent shall issue a written reminder to the teachers of this obligation. Teachers will be placed on the appropriate salary column for degrees and approved graduate courses regardless of the order in which they were achieved. It is the responsibility of the teacher to provide official documentation of their attainment of the proper qualifications to make the change of salary column by September 15^th of the contract year in which they will advance. Should such documentation not be received by the Superintendent, no advancement will be granted until the following school year.

M.           For newly created positions whose core job responsibilities are deemed by the

Superintendent of Schools and approved by the Wrentham School Committee to require more than a 184 day work year, said additional days shall be compensated at the per diem rate.

N.            Should the Superintendent wish to increase the core job responsibilities in the work year for any staff member employed at the start of this Agreement, the number of extended days shall be negotiated with the Wrentham Teachers Association and the Wrentham School Committee. In such instances additional paid days shall be at the per diem rate.

ARTICLE XX - EVALUATION INSTRUMENT

Each teacher to be evaluated in a given school year shall be notified individually in writing at the start of the school year in which the evaluation is to take place.

There shall be a mutually agreed upon set of Principles of Effective Teaching and an instrument of evaluation for all professional staff. The principles and instrument may be renegotiated during the life of the contract between the Wrentham Teachers Association and the Wrentham School Committee if such renegotiation is mutually agreed upon.

The Principles of Effective Teaching and instrument of evaluation shall be distributed to all professional staff and be available in the Superintendent's office.

ARTICLE XXI - INDUCTION AND MENTORING PROGRAMS

A.            Definitions

1.       Induction Program: a planned program of professional support for new teachers, provided by the school district, including orientations, opportunities for classroom observation and conferencing, peer group meetings, and preparation for performance assessment. An induction program should be an integral part of a school district's professional development plan. (6.03 CMR 7.02)

2.       Mentor: an educator who holds a professional license and who has been trained to assist beginning teachers/administrators with their professional responsibilities and general school/district procedures. It is anticipated that mentors will come from the ranks of those holding Professional Teaching Status. A mentor may also assist an experienced teacher who is new to a school, subject area, or grade level or who is undertaking certification through National Board of Professional Teaching Standards. (6.03 CMR 7.02)

3.     Mentor Committee: a committee that represents mentors, mentees, administrators, central office, and the Association shall plan, oversee, and evaluate all new teacher programs: orientation, induction, and mentoring.

B.            New Teacher Orientation

1.       The purpose of orientation is for the beginning teacher - and the veteran teacher new to the district - to learn how the Wrentham Public Schools operates in general and their school in particular. Teacher orientation programs shall focus on four key components: the community; school district policies and procedures; the curriculum; and the school.

2.       The Community: New teachers shall learn something about the socioeconomic conditions of the families served by the public schools; the local norms, customs, and values; the resources that exist within the community; and the special needs within the community. New teachers shall be provided with a community map, information about housing, transportation, shopping, medical facilities, and social and religious organizations. A guided tour of the community with stops at points of interest shall be included in the orientation program.

3.       School District: New teachers will be provided with training by teachers and/or administrators and shall be provided with copies of such district policies and procedures as: attendance policies; salaries and benefits; teacher evaluation process; legal rights and responsibilities; role of the teachers' association; and administrative record keeping.

4.       The Curriculum: New teachers will be provided with training about and copies of the Wrentham Public Schools Curriculum Maps. They will be provided with the appropriate scope and sequence which shall be explained by knowledgeable teachers/administrators. They should also be provided with curriculum guides and the curriculum framework(s) that govern their content area(s).

5.       The School: New teachers should have a complete tour of the school in which they will work. The tour should focus on such things as: the available technology applications; getting audio visual equipment; location of all administrative forms; following fire drill and evacuation procedures. New teachers should also be provided with the teachers' handbook and the student handbook - including the discipline policy and procedure. An administrator should address student discipline, responding to student illnesses, and communicating with parents/caregivers.

6.       A one-day orientation will be provided to all new teachers. This day is outside of the contractual 184 teacher days.

C.    New Teacher Induction Program

1.       All new teachers with a preliminary or initial license must participate in the Wrentham Public Schools New Teacher Induction Program (NTIP).

2.       Beginning in September, the superintendent will set aside one afternoon every six weeks for new teacher professional development; no other school-based or district-based Professional Development will be offered on these dates.

3.       Recognizing that research indicates that training in at least the following areas is key to retaining and recruiting high quality teachers, the NTIP will provide new teachers with in-depth training in at least the following areas:

a.     Classroom management series

b.     Communicating with parents and caregivers

c.     Managing instructional time

d.     Assessment tools

e.     Special Education and 504 referral process

f.     Language acquisition strategies

g.   Standards-based instruction

h.   Differentiated instruction

4.     Teachers new to Wrentham but having either an initial or professional license and having three or more years of classroom experience in another district are exempt from the Induction Program, but will be assigned a mentor.

D.    Mentor Program - see standards as outlined in 6.03 CMR 7.02

1.       A joint committee with equal representation from WPS and WTA will oversee the Mentor Program.

2.       A mentoring coordinator will be hired to chair this committee. S/He is responsible for setting meetings, keeping agendas and notes, and communicating with those outside the committee about its work.

3.       All new teachers shall have a "trained" mentor. Training must include adult learning theory, pre/post observation conferencing techniques, observational methods, formative evaluation guidelines, and confidentiality requirements. Mentors are required to attend all training sessions.

4.       The Mentor Committee will develop a protocol that provides guidance for matching up each mentor with a mentee. There must be an "opt out" provision if certain mentor-mentee relationships are unproductive.

5.       As required by the regulations, mentors and mentee shall be provided release time to observe each other.

6.       All new teachers with a preliminary or initial license will be assigned to a trained mentor within two weeks of the date of hire. (6.03 CMR 7.02)

7.       All new teachers with a preliminary or initial license will be provided with release time to engage in regular classroom observations and other mentoring activities (6.03 CMR 7.02).

8.       All new teachers with a preliminary or initial license will be assisted in developing materials that will be used to assess performance for the professional license (6.03 CMR 7.02).

E.            Report

1.    The Mentor Committee will provide the Association and the Superintendent of Schools with the annual report sent to the Department of Education that provides the following mandated information (6.03 CMR 7.02).

a.    Program activities

b.    Number and complete list of beginning teachers or education support professionals (licensed non-classroom teachers) served

c.     Number and complete list of trained mentors

d.    Number of classroom observations for teachers or site visits for education support professionals (licensed non-classroom teachers) made by mentors

e.     Number of hours mentors and beginning teachers or education support professionals (licensed non-classroom teachers) spend with each other

f.     Hiring and retention rates for beginning teachers or education support professionals (licensed non-classroom teacher)

g.     Participant satisfaction

It is the expectation that teachers will participate in the mentoring program for the first two years.

ARTICLE XXII - DURATION

A.            This contract shall be effective August 30, 2010 through August 26, 2013.

B.            The school year is defined as August 27 through June 30 for teacher contract purposes.

2010-2011 SALARY SCALE

184 DAYS

(0% increase, add Step 14)

Only professional staff that achieved National Board Certification prior to August 30, 2007 will receive a $3,000 stipend. No other National Board Certification Stipend will be offered.

2011-2012 SALARY SCALE HALF YEAR, 92 DAYS PAY PERIODS 1 - 13 OF 26

(1%)

Only professional staff that achieved National Board Certification prior to August 30, 2007 will receive a $3,000 stipend. No other National Board Certification Stipend will be offered.

2011-2012 SALARY SCALE HALF YEAR, 92 DAYS PAY PERIODS 14-26 OF 26

(1%)

Only professional staff that achieved National Board Certification prior to August 30, 2007 will receive a $3,000 stipend. No other National Board Certification Stipend will be offered.

END OF CONTRACT STARTING SCALE

(1%)

Only professional staff that achieved National Board Certification prior to August 30, 2007 will receive a $3,000 stipend. No other National Board Certification Stipend will be offered.

Nurse Salary

Step 1 on the Nurse's Salary Scale represents entry level in the Wrentham Public Schools, without regard to other public school nursing experience.

At the discretion of the School Committee and/or Superintendent, a nurse may be hired above entry level.

Stipends 2010-2013

*These positions may be split between more than one person.

IN WITNESS WHEREOF, the parties to the Contract have caused this to be executed by their agents hereunto duly authorized as of the date written below.

SCHOOL COMMITTEE OF WRENTHAM                      WRENTHAM TEACHERS ASSOCIATION

BY ________________________________                  ___________________________________

Kim E. Carr, Chairperson                                                      Jeffre L. Marshall, President

Date: ______________________________                   Date: ____________________