Show detailed information about district and contract

Shared Contract District
Org Code360000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2018
Expired StatusCurrent
Superintendency UnionBourne
Regional HS MembersBourne
Vocational HS MembersUPPER CAPE COD
ESE RegionSoutheast
Kind of Communityresort/retirement/artistic
Number of Schools4
Percent Low Income Students22
Grade StartPK
Grade End12
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This Agreement made and entered into this first day of July 2015 between the SCHOOL COMMITTEE of the TOWN OF BOURNE ("The Committee") and the BOURNE EDUCATORS' ASSOCIATION ("The Association").






Section  1. The Committee recognizes the Association as the bargaining representative for all full and part time professional employees within the Bourne School System. The Association shall, within the stipulated provisions of this Agreement, be the exclusive bargaining agent for all employees of such unit to negotiate agreements  and bargain  collectively  for all members  in the unit  on matters  of wages,  hours, and other conditions of employment. Unless otherwise specifically indicated, the term "teacher" when used in this Agreement shall include all bargaining unit members. The parties  agree  that all  benefits under this Agreement for part time employees will be pro-rated unless otherwise excluded. For the purpose of health insurance, the provisions of Chapter 32B shall prevail. Nothing in this provision  shall act, enhance or diminish the statutory rights of the Town or the Union with respect to resolving issues with respect to health insurance. In the event of an agreement by the Town  of Bourne  and the  Union  with respect to health insurance, the  Committee  agrees  to modify  this  contract  in such ways  as  may  be necessary  to allow implementation of such agreement.




Section  1.  The Committee accepts the provision  of Section 17C of Chapter  180 of the General  Laws  of Massachusetts and will certify to the Treasurer of the Town of Bourne all payroll deductions for the payment of dues to the Association, provided that the Director of Business Services is presented with the authorization forms currently active as well as any additions or deletions. The Committee shall notify the Association in writing within 30 calendar days of the effective date of the following staff changes: changes in bargaining units; changes in the percentage of full-time equivalency of bargaining unit  employees; new hires into bargaining unit positions; and/or resignations from bargaining unit positions.


Section 2. The money thus collected by the Treasurer of the Town of Bourne for the Association will be sent to the Association. Dues deductions will be made weekly over a ten month period beginning with the first paycheck of the school year. The Treasurer of the Town of Bourne will send all dues thus collected to the Association Treasurer by the 16th day of the succeeding month. The specific amount of the local, county, state, and national associations shall be certified to the Committee by the Association Treasurer on or before the fifteenth of September of each year.


Section 3. The parties agree that as a condition  of continued  employment,  any member  of the bargaining unit who  is not  a member  of the Association  shall pay to said Association  an Agency  Service Fee pursuant

to the provisions of G.L. c. 150E, & 12. Such fee may be paid pursuant to the provisions of Section 1 of this Article directly to the Association Treasurer or through payroll deduction not later than December 1st of any school year.





Section   1. The  Committee  is a public  body  established under  and with powers provided  by the  Statutes of the Commonwealth of Massachusetts and nothing in this Agreement shall be deemed to derogate from the powers, rights, or duties conferred upon the Committee by the statute or any rules or regulations of any agency  of the Commonwealth.





Section   1. All persons  covered by this Agreement  shall fulfill honorably  and to the highest    possible  degree all of the professional duties and responsibilities  for which  they  have been hired  or assigned to  within  the Bourne  School System.


Section  2. No  teacher  shall be  disciplined,  reprimanded,  or reduced  in rank  except for just  cause. It  is understood that this provision shall not apply to the non-renewal of a teacher without professional status or to the non-renewal of a school nurse during his/her first three consecutive school years of employment  in the Bourne Public Schools and that any dispute with respect thereto shall not be a subject of grievance or arbitration.


An individual has the right under MGL. 71 s. 42 to challenge a dismissal through an arbitration process established by DESE. The challenge must be filed within thirty (30) days of Notice of Dismissal. .


Section 3. The Association recognizes that together with the rights  afforded professional  employees  under the laws of Massachusetts is contained a provision against any such employee engaging in, inducing, or encouraging any strike, work stoppage, slowdown, or withholding of services. Ifthere is a violation of this provision of the law, any teachers violating the provisions will, at the discretion of the Superintendent, be subject to  disciplinary action.




Section   1. There  shall be  no  Association  activity  by  any  Association  member  or representative, except as specifically set forth in this Agreement, on school property, or during time assigned to perform duties  during the regular school  day,  unless  sanctioned  by  the  Superintendent  of  Schools  or  his/her  agent. With  the approval  of  the  Superintendent  or  Assistant,  the  President  of  the  Association  may  leave his/her  school building  directly  after  pupil   dismissal   time  to   conduct   Association   business. Association   Building


Representatives will be accorded the same privilege (subject to the same conditions) to attend monthly Executive  Board meetings.


The Association shall have the privilege to use school buildings at reasonable times after school hours for meetings. The Superintendent of schools or his/her agent shall be given notice of the time and place of the meeting a reasonable time in advance so as to avoid conflict in scheduling facilities.


Use of school buildings and equipment for Association use after school hours shall be granted within reasonable  limits. The cost of all materials  used will be borne by the  Association.


Additionally, and notwithstanding the provisions set forth in the previous sentences, it is acknowledged and agreed that the Association President and Vice President may use non-instructional time during the school day for the purpose of labor relations matters. Such time shall not interfere with a member's instructional/duty  time, unless  authorized  by administration.


President(s)/vice President(s) will not be assigned a regular duty period while they are serving as president/vice  president.


There will be ajoint labor management committee that will meet on a monthly basis during the school year. The committee will be comprised of the Superintendent, at least one member of the School Committee, other necessary administrative staff, and BEA leadership. The committee will meet to discuss any major local, state, and/or federal initiatives, and new  district  initiatives, programs  and curricula.  The agenda will be created jointly one week prior to the meeting and shared with the School Committee, administration, and staff. Within one week after the meeting, the outcome(s) of the meeting will be jointly created and shared with the School  Committee,  administration,  and staff.


Section 2. There will be one (1) bulletin board in each school which will be placed in the teacher's lounge for the purpose of displaying official Association notices, circulars, and other material of an official nature.


Section 3. The Association will be granted up to one (1) hour to address all teachers during the  general meeting on the first day of the school year.


Section  4. A workshop  or  course  may  be  sponsored  or  arranged  by the Association  apart from in-service training established by the Committee  and will be creditable towards  increments  under Article VIII  (4) (b) if approved in advance by the  Superintendent.


Section 5. The Association shall be granted six (6) days of leave of absence, without loss of pay or benefits, for six (6) of its members  to attend the MTA Annual Meeting of   Delegates.



Section  1.  A grievance is hereby defined to mean a complaint by the Committee, a teacher, or a  group of teachers that there is a violation of a provision  of this Agreement,  or a dispute  involving  the meaning, interpretation, or application of a provision of this agreement.


Section   2.  If at  any  step  in this  procedure  the  designated  school  official  fails  to  provide  an  answer to  a grievance  within  the  specified time  limits, the grievance  shall be  automatically  qualified to proceed  to the next higher  step.


Section 3. Failure at any step of this procedure to appeal the grievance to the next higher step within the specified time limits shall be deemed to be acceptance of the answer rendered by the designated  school official an shall be so endorsed by an Association Representative.


Section  4. Any  grievance marked  "settled" and initialed by the parties to this procedure  will   thereby  be concluded.


Section 5. Every effort shall be made by the teacher and his/her appropriate immediate superior to arrive at a settlement of the matter involved prior to the use of the formal grievance procedure. Informal discussion period may not extend more than 30 calendars days.


Section 6. The Levels in processing grievances shall be as listed below and shall be taken only during non­ school hours. Formal grievances shall be processed on the "Dispute Adjustment Record" forms supplied for the purpose.


Level One of the formal grievance procedure must be initiated by the aggrieved party within thirty (30) school days from the date on which the aggrieved party knew or could with reasonable diligence have known of the act or condition on which the grievance is based, or at the conclusion of the informal discussions. If the matter has not been settled to the teacher's satisfaction by conclusion of informal discussion as proved in section 5 of this Article, the statement of the grievance shall be clearly set forth in writing and he/she shall, within seven (7) days, together with a representative of the Association, discuss the matter as set forth in writing with the "appropriate immediate superior", who shall within seven (7) days provide his/her written answer to the  grievance.


Level Two. (a) In the event that the grievance shall not have been disposed of in the preceding step to the satisfaction of the aggrieved employee, the grievance as presented in Level One, together with the answer of the appropriate immediate superior, shall be referred to the Superintendent of Schools within seven (7) days of the date of the answer in the preceding step.


(b) Within fourteen (14) days after receipt of the written grievance by the Superintendent, he/she or his/her agent  shall meet with the  aggrieved  employee  and the President  of the Association,  or his/her  agent,  in  an


effort to settle the grievance. The Superintendent or his/her agent shall provide his/her answer in writing within seven (7) days after the date of the   meeting.


Level Three. Ifthe grievance has not been settled at Level Two, the grievance  as originally  presented, and with answers in the preceding steps, shall be referred to the School Committee within fourteen (14) days of the answer in the preceding Level. The School Committee shall meet with the Association representatives not later than twenty-five (25) days after the receipt of notification from the Association in an effort to settle the grievance. The School Committee shall provide an answer in writing to the President of the Association or his/her designated agent within fourteen (14) days after the meeting in this    step.


Ifthe grievance qualifies under the provisions of this Agreement and is not settled in this Level Three, it may be referred to Arbitration by either party to this Agreement under the terms of Article VII.


Section 7. "Days" as used  in this procedure  mean  calendar days.


Section 8. Ifmore time is required than is specified herein, either party to this Agreement may in good faith request additional time and be granted a limited extension.


Section  9. A  grievance  that  affects  a group  or class  of teacher  and  is, thus,  of  a general  nature    may  be submitted directly to Level Two of this   procedure.


Section   10. If an employee  covered  by this Agreement presents  a grievance without  representation   by the Association, the disposition of the grievance shall be consistent with the provisions of this Agreement. The Association  shall, if they  so request,  be heard  at each level  of the procedure  under which the  grievance  is processed.


Section   11.  If vacation  periods  interfere  with  the  time  periods  specified  in  the  grievance procedure,  the Association representative involved will confer with the Administration in an effort to mutually resolve the time conflict in an expeditious   manner.




Section 1. A grievance, as defined under Article VI - Grievance Procedure of this Agreement which has not been settled under the provisions of that Article, may be taken to arbitration by either the Committee or the Association provided either party to this Agreement notifies the other party of their intention to do so by a letter postmarked within twenty-five (25) school days from the postmarked date of the written answer in Step Three of Article VI, and addressed to the American Arbitration Association with a copy to other party.


Section   2.  The  Arbitration   shall  be  conducted  within  the  provisions   of  this  Agreement   and under  the applicable rules  of the American  Arbitration Association.

Section   3.    The  parties  hereto  intend  that  arbitration  shall  be,  whenever  possible,   on     an  agreed-upon statement of the matter in dispute and the remedy sought and will endeavor to reach such an agreement prior to  submission  to  arbitration.  If such  accord  cannot  be  obtained,  the  arbitrator  will  frame the issue.  The parties may  mutually  agree to  submit two  or more  cases to  be heard  by  one  arbitrator  who  shall  write  a separate  opinion and award on each case.


Section 4. The costs of arbitration shall be shared equally by the parties.


Section 5.·· The arbitrator shall be without power to modify or alter the terms of this Agreement. The  award of the arbitrator  shall be binding  on both parties.




Section 1. Teacher Salary Schedule


Teachers shall be paid pursuant to the salary schedules set for in Appendix A of this Agreement.


Teachers serving less than a full year shall be entitled to a fraction of their annual salary figure, the numerator of which shall be the number of days that they are actively engaged in their teaching duties plus the number of days that they are actively engaged in their teaching duties plus the number of days of authorized absence and the denominator of which shall be 183 or if the minimum number of school days required by the Commonwealth  is greater, the  State minimum  so specified.


Section 2. Method of Payment


Teachers shall be paid weekly over fifty-two weeks; however, that may require fifty-three pay periods. Each teacher who so elects in a writing delivered to the Superintendent on or before June 1st shall be paid all weekly installments due in the next following July and August with the installments due for the last week in June, provided that any  such teacher  shall have  complied  with the "closing" requirements  under  Article X, Section 6 as of the date of payment of the installments due for the last week in June. Bargaining unit members shall be paid for extracurricular activities and/or mentoring assignments twice each school year during the last pay period of January and the 1st pay period of June. Bargaining unit members shall be paid coaching salaries at the end of the season upon completion of all required responsibilities. Bargaining unit members shall receive longevity compensation for which they are then eligible in the 1st paycheck paid in December.


Section 3. Deductions


(a)  Deductions from each pay check for federal and state income taxes and  for the  State Retirement  Fund will be made according to the appropriate governmental regulation.


(b) Members of the Group Insurance Plan will have their assessments deducted weekly.



Should the Town of Bourne through collective bargaining secure the agreement of all employee bargaining units, including all bargaining units covering school department employees to the below set forth health insurance plan design changes, the Association agrees to said changes to be effective upon the agreement of all town bargaining units and not before that   time.


Health  insurance co-payments  as follows:


Office visit


Mental health visit


Emergency room visit Prescriptions:


$10.00; $20.00; $35.00


Upon implementation of the above set forth co-payments, the dental annual maximum per person allocation would be increased to $1,500 without increase in premium,


(c)  Association dues will be deducted in accordance with Article II.


(d)  Association members may change the number of deductions which they take and the amounts of such deductions twice per school year. Such changes shall be effective on September 30 and/or March 31 of each school year.


Nothing in this provision shall act, enhance or diminish the statutory rights of the Town or the Union with respect to resolving issues with respect to health insurance. In the event of an agreement by the Town of Bourne and the Union with respect to health insurance, the Committee agrees to modify this contract in such ways as may be necessary  to allow implementation  of such  agreement.


Section 4. Increments


(a) Increments shall be granted by the School Committee to qualified individuals, based on length of service together with such individual having rendered service deemed satisfactory up to the period of salary reviews and so recommended by the Administration. Increments so granted shall become effective on the first school day after September pt of the following school year.


(b)  Prerequisites for increment in Grade 1 (Bachelor's Degree) and Grade II (Bachelor's Degree +15).


No teacher shall be eligible for an increment from Step 4 to Step 5 or from Step 8 to Step 9 of Grade 1 or of Grade 2 unless during the preceding four (4) year period such teacher has completed six (6) semester hours at an accredited college or equivalent courses or training during such period. Courses will be  deemed sufficient if prior written approval is obtained from the Superintendent of Schools prior to taking such courses. In-service training or equivalent training will also be deemed sufficient with the written approval of the  Superintendent.


In addition, participation on staff committees, such as curriculum development committees, will be deemed sufficient for increment  credits with the written  approval  of the  Superintendent.

Section 5. Adjustments


Adjustments to higher grade of the salary schedule shall be made effective the first school day after September 1st of the following year.


Teachers shall be responsible for keeping current their central office personnel card whereon are listed the courses they have successfully completed and their degree status. Such information must be received by the Superintendent of Schools on/or before October 1 of the school year to be effective in that school year. In the event that the Bargaining Unit member intends to provide such information to the Superintendent after the 1st working day of the school year, said bargaining unit member shall provide the Superintendent with notice of such intent on or before the 1stworking day of that school year.


Section 6. Longevity


An employee of the Bourne Schools  covered by this Agreement  shall be paid,  in addition to his/her  salary, an annual longevity increment the amount of which shall be in accordance with the longevity payment schedule (as set forth below in paragraph a., b., and c.), providing that such years of service be completed by December 1 of the school year in which such length of service is attained. For purposes of this section, length of service shall be interpreted to mean length of continuous service except that those individuals currently employed who, prior to the execution of this Agreement, have had a break in service, and shall be deemed to have  continuous  service for purposes  of this section.


a.  2015-2016, 2016-2017 and 2017-2018 School Years:


i.       10 continuous years of service in the Bourne Public Schools - $505.00

ii.       15 continuous years of service in the Bourne Public Schools - $757.50

111.   20 continuous years of  service in the Bourne Public Schools - $1010.00

iv.      25 continuous years of service in the Bourne Public Schools - $1262.50

v.     30 continuous years of service in the Bourne Public Schools - $1515.00




Section 1. Ineach academic year of this Agreement (July 1stthrough June 30th) the Committee will reimburse full-time regular bargaining unit members up to $1,500 for costs of graduate level courses related to their teaching position satisfactorily completed with a grade of "B" or better (or a "P" in a pass/fail course situation) or for the costs of attendance at conferences, workshops, professional meetings, visitation to other school districts, or for acquiring CEU's or PDP's with the prior written approval of the Principal/Primary evaluator. For the purposes of this Article, the Committee shall budget $80,000 for the 2015-2016 school year; $80,000 for the 2016-2017 school year; and $80,000 for the 2017-2018 school year. Bargaining unit members shall be reimbursed pursuant to this article within 30 calendar days of submission of the necessary forms. Bargaining unit members must submit for reimbursement within thirty days of receipt of final grade or completion of the course/workshop/conference/meeting/school visit. Extensions may be requested in the event that the final grade has not been posted. Except for costs of attendance at professional development requested  and/or required  by  the Administration,  substitute  costs  incurred  as  a result  of the  attendance of

bargaining unit members at activities covered by this Article during the workday will be deducted from the Committee's gross amount budgeted  as set forth  above.




Section  1. The school calendar listing the days when school will be in session and the teachers' work year be provided  to the Association  and each bargaining  unit member  on an annual   basis.  Notwithstanding the days listed in any such calendar, the school year shall be adjusted so as to equal the number of days for which the schools are required to be open by state law or regulation. Each year the winter break shall include December 23rd.


The first week of school for school years 2015-2016, 2016-2017, 2017-2018  shall be as   follows:


a.     Monday: (This shall be the Monday before Labor Day): Teacher Orientation Day which shall be organized sequentially in the following manner: the (1.25) hour be divided between the Superintendent of Schools (0.5) and the Association President (0.75) for the purpose of delivering opening remarks to professional staff; (2.5) hours to be used by Building Principals; and (2) hours available for teachers for use in organizing classrooms. Teachers will be in attendance from 8:00 am to 2:30 pm.

b.      Tuesday: full day at school for students and all bargaining unit members;

c.      Wednesday: full day of school for students and all bargaining unit members;

d.      Thursday: full day of school for students and all bargaining unit members; and

e.      Friday: no school


The district will make best efforts to have classrooms ready for teachers the Friday before Opening   Day.


Section 2.


(a)    Teachers at the elementary level shall be on duty 15 minutes prior to the scheduled beginning of the morning session in the school to which they are assigned, and the work day shall conclude 30 minutes after the scheduled dismissal of students.


(b)   Teachers at the middle school shall be on duty fifteen minutes prior to the scheduled beginning of the morning session in the school and the work day shall conclude 10 minutes after the scheduled dismissal time of students, except that on one day per week teachers shall be required to remain after the dismissal of students for one hour and on another day during such week for one half hour for appointments.


(c)   Teachers at the high school shall be on duty 15 minutes prior to the scheduled beginning of the morning session in the school and the work day shall conclude 15 minutes after the scheduled dismissal of students, except that on one day per week teacher shall be required to remain after the scheduled dismissal of students for one hour and on another day during such week for one half hour for appointments.

(d)    The morning session in all of the schools shall commence at that time when students are deemed to be late.


(e)   On days on which in-service training results in the early dismissal of students, the work day for teachers shall conclude at the same time as the conclusion of the work day of teachers otherwise specified in this paragraph as if the general dismissal of pupils had taken place at the regularly scheduled dismissal time for full school days.

(f)   The Committee agrees to two (2) additional early release days during the school year at the elementary and middle school level. One early release is for parent conferences in the afternoon. Evening conferences will be held on a different day during that week, and teachers will have an early release on the Friday before February vacation.


At the high school level, parent conferences will be scheduled after progress reports and before the end  of the first quarter. They will be for three hours and will replace Back to School Night.


(g)   Upon arrival at work each day, bargaining unit members will sign in as present in the building on a form provided in the principal's office. At any time a bargaining unit member leaves the building where they are assigned during the contractual work day, he/she will sign out of the building noting the time of his/her departure, and upon return to the building, he/she will sign back in to the building noting the time of his/her return. Except for the duration of the contractual duty free lunch period when bargaining unit members can leave the building without seeking permission from the building principal, bargaining unit members will remain on - site or within their assigned facility throughout the contractual day, unless they have obtained permission to leave from the building principal or his/her designee, which permission may be for a specific purpose, location and time. Each building principal will notify bargaining unit members of the identity of their designee at the start of each school year.


(h)    The workday for Specialists (defined specifically as: Teachers of Art at the Middle School; Music at High School and Middle School; World Language at the Middle School; Physical Education at the High School and Middle School, Drama, if it is established, other specialist as they may, from time to time, be hereinafter established; and, for teachers in the Alternative Leaming Program(s) (ALP), if such a program is established) shall not extend beyond 7:00 P.M. and shall not exceed the length of the workday of teachers at the same level. When positions, as described above, are posted due to establishment or vacancy, such posting(s) shall specifically include the flexible hours for the position. No bargaining unit member employed on the date of the posting of a position,  as described  above, which is eligible for flexible scheduling,  shall in any way be required to fill such position except on an absolutely voluntary basis.


Section 3. Conferences and Meetings


All conferences with parents will normally be held within the hours of the workday set fo1th in this Article, except for unusual circumstances, when it may be required to meet at other  times.


In addition to the workdays,  as specified in Section 2 of this Article, teachers will attend and/or  supervise:



(a) No more than two building based staff meetings per month not to exceed one hour in duration. On a district-wide basis, all faculty meetings shall be held on Wednesdays. These meetings shall be scheduled within the same three Wednesdays each month across the district, leaving one Wednesday open for other meetings. Start and end time of the staff meeting will be determined by the building level Principal. The meeting will start after all assigned duties are completed. An agenda item in one faculty meeting per month will be listed as "other" to allow for discussion and concerns to be raised where all staff members are present (i.e. not broken off for team work)) All system-wide meetings; such meetings not to be called more than twice a year, except for an unusual circumstance.


(b) All District Coaches and Extracurricular Advisors will not be absent from a staff meeting due to practices, rehearsals, events, or scrimmages. Coaches and Extracurricular Advisors shall be excused for scheduled games and competitions with advanced notice to the Principal.


(c)  Anyone who misses a staff meeting will be expected to follow up with the building level administration.


(d) No more than four evening meetings of supervising per school year connected with school programs, one of which shall be Back to School Night for elementary and Middle School teachers. . Teachers will be provided a list of all scheduled events on the first day of school and will also be given the opportunity to sign up for such scheduled events that day. The schedule is subject to change throughout the school year due to extenuating circumstances. In the event of a schedule change, Administration will give notice as soon as possible. Should teachers no longer be able to attend the event due to the schedule change, teachers will give such notice as soon as possible.


(e)  Teachers in Bourne High School shall supervise one evening activity per year without compensation if requested to do so by the principal of Bourne High School. This one evening of supervision shall be counted as one of the four evenings required in Section (c) above. Bourne High School teachers shall be required to attend Bourne High School graduation, awards night, parent conferences and such attendance shall be counted as three of the four required evening meetings.


(f) At all levels, supervision of overnight field trips shall count as one evening meeting,  provided  that this provision may not be used as a substitute for more than one evening meeting; bargaining unit members compensated by the Committee for supervising an evening field trip as a coach, advisor, or on any other basis will not qualify for credit under this provision; and the principal of the building(s) from which attending students are drawn shall have discretion as to the number of bargaining unit members authorized to attend each such field trip for credit under this provision.


Except in emergency situations, notice of all meetings and the agenda for the meeting will be given at least forty-eight  (48) hours in advance.


(g)      There shall be High School Team leaders for the following subjects: Math, Science, English/Language Arts, Social Studies, Special Education/Guidance; Foreign Language; and Fine Arts.


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The Athletic Director will be assigned as the Team leader for Health and Wellness and Physical Education with no additional  stipend.

i.  Team leaders are responsible for running meetings, creating agendas, and meeting with administration one Wednesday per month afterschool. Team leaders are also in charge of the department budget and ordering, collect department DDMs, common assessments, keeping an inventory of materials and supplies, and one curriculum night in the winter/spring.


ii.   Team leaders will need to be in attendance for Curriculum night. Attendance at Curriculum  night shall be counted as one of the night obligations in Section 3 (f) above.


iii.  Team leaders will receive a $1,000 stipend for performing such duties (with the exception of the Athletic Director).


(h) Principals will try in good faith to provide common preparation time for co-teaching peers. Principals will also try in good faith to keep subject areas/grades consistently assigned to teachers of specialized instruction.

Section 4. Guidance Counselors


High School guidance counselors will be required to work five (5) evenings per school year and may be required to work up to four additional evenings as mutually agreed upon with administration. High School Guidance counselors will work five (5) additional days to the contractual school year at the per diem  rate and up to five (5) more at the per diem rate as mutually agreed upon by both the High School guidance counselor and the Principal. The provisions of Sections 3(e) and (f) above shall not apply to Middle School guidance counselors.


High School Guidance Counselors will be required to work the following five evenings per school year;

     Freshman Orientation

     Parent Conferences

      Student Show Case

      College Admissions Night



Middle School guidance counselors will be required to work fom (4) evenings per school year one (1) of which may be the eighth grade transition ceremony. The other three (3) evenings are as required by the Middle School principal  or Guidance Director.


Section 5. Opening and Closing of the School  Year


(a)    When necessary to complete proper performance of regularly assigned duties as stated in a document generally distributed to, teachers not later than June 1, a teacher unable to complete such performances prior to the close of schools may be required to return the day following the close of schools for the school year, provided that such teacher may, by agreement with the principal concerned, report on another day within


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the five (5) calendar days following the close of schools (Saturday, Sunday, and legal holidays being excluded from reporting days.


(b)    The work year for members of this bargaining unit shall be 183 days which shall be comprised of 180 instructional days, the day before the first day for students and two (2) non-instructional, teacher professional development days. The professional development days shall be scheduled by the Superintendent in consultation with the Professional Development Committee. Professional development days shall be published in the school calendar.


(c)   The two full day in-service days will be from 8:00 to 2:30 with a forty-five (45) minute lunch. The BEA will provide lunch one day and the School Committee will provide lunch on the other day. The full day in­ service days will take place on one campus


Section   6.    Nurses  shall  not  be  required   to  perform   "Home   Visits"  and   shall  participate    in  special education/504 meetings and Child Study meetings at special request. Nurses shall be provided with two fifteen minute breaks (one in the morning and one in the afternoon  and a total of thirty  (30) minutes for a duty-free lunch break each school day; the thirty minute lunch and fifteen minute breaks may need to be broken up throughout the day based on the medical needs of the students. With the exception of the thirty minutes lunch break and two fifteen minute breaks, nurses will be expected to be on duty and available  to

students and staff throughout the school  day.







Section  1. Work Load


(a)  Except where unusual conditions otherwise require, high school teachers shall not be expected to have more than three teaching preparations and not be required to teach in more than two of the following subject areas: language arts, social studies, mathematics, science, foreign languages, business subjects, industrial arts, home economics, physical education, art, or music. Unusual conditions do not apply to  foreign language, fine/unified arts, specialized instruction and situations where a full time position would  be reduced. Teacher proposed electives after one year become part of the Program of Studies and are no longer considered an unusual condition. Teacher and Evaluator will mutually agree upon which three preps  would be included in the teacher's evaluation cycle and the teacher would have a reduction  of duties to equate to two extra planning periods a month.


Whenever feasible, this policy shall also apply to grades 7 and 8 teachers.


(b)  Whenever feasible, Department Heads and Directors of special subjects with four or more members in their department, exclusive of the Department Head or Director, shall be assigned only four (4) teaching periods per day. Additionally, whenever feasible, the Athletic Director shall be assigned only three teaching classes or the equivalent.



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(c) Any teacher who accepts an additional class/prep in lieu of their duty period or preparation period would receive one fifth of their CUff ent salary for the duration of time that they do not have a preparation period or duty period. The Teacher and Evaluator will mutually agree upon which three preps would be included in their evaluation cycle and the teacher would have a reduction of duties to equate to two extra planning periods per month.


(d) All teachers at the elementary level shall receive a guaranteed forty -five (45) minutes of time each day to be used for individual professional preparation which shall be scheduled during the student day and during which time teachers will not be assigned any other responsibilities.


(e) All teachers at the elementary level shall be assigned lunch duty one day per week.


(f)  Teachers at the High School and Middle School shall have a daily individual professional preparation period, equal in length to the teaching period/block which is scheduled for students at the same time, and during which time they will not be assigned any other responsibilities.


(g)  The Middle School will have blocks set aside for academic team meetings. Administration will work with a group of staff members to incorporate the team meeting(s) into each cycle.


(h)  Beginning in September 2015 MMR.T recommendations will be implemented. Beginning in 2015-2016 school year there will be a Major Resource Team (MRT) for writing for PK-6. Inthe 2016-2017 school year, there will be a MRT for Reading for PK-6. Inthe 2017-2018 school year, there will be a MRT for Science and Social studies PK-6. The recommendations from these committees will be implemented with fidelity.


Section 2. Lunch Period


Except under extraordinary conditions, teachers whose duties commence prior to 12 noon shall be provided with a thirty (30) minute lunch period between 10:00 a.m. and 1:00 p.m. and shall not be required to fill any duties during such lunch period.


Section 3. Class Size


The School Committee and the Association recognize that class size can be an important factor in good education and will strive, subject to educational, administrative, and budgetary considerations under the Committee's direction and control, to maintain classroom pupil/teacher ratios consistent with the parameters established by the Department  of Education.


Elementary: Secondary:

Grades 1-8     40 classroom teachers per  1000 students

Grades 9-12   60 classroom teachers per 1000 students






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Any teacher who has a class wherein the pupil/teacher ratio exceeds the above parameters with the exception of physical education, home economics, shop, art, and other classes of a special nature shall have the right to discuss the situation with his/her  immediate  superiors.


Every effort will be made to place all students fairly and equitably across all grades, teams, caseloads, and subjects.


Section 4.  Clerical Duties


The Committee will make all efforts to reduce and, where practical, to eliminate the teacher's responsibility for clerical tasks in setting up and maintaining attendance registers  and in collecting money  from  students for insurance, candy, and  photographers.





Section 1. Sick Leave


All bargaining unit members shall be eligible for fifteen (15) days of sick leave annually which shall be received  on the  1st day of the school year,  and which shall accumulate from year to year without   limitation.


Discretion will be allowed the Superintendent to require medical evidence of any absence after three (3) consecutive  days of absence.


In the event of extended illness of a teacher, an additional source of aid shall be provided by means of a sick leave bank to provide  for additional  days beyond  accumulated sick leave benefits.


The sick leave bank shall obtain its assets from the bargaining unit members covered by this Agreement. The initial mandatory donation for a new bargaining unit member shall be two (2) days which shall be taken from their accumulated sick leave days. At any time when the bank's assets fall below one hundred (100) days, the bank shall be replenished by the donation of one (1) additional day by each bargaining unit member. The bank may not be replenished more than twice in any one (1) school year.


The policy of the Sick Leave Bank and awarding of days from the Sick Leave Bank will be governed by a four (4) member board, hereinafter called the SICK BANK COMMITTEE consisting of the Association President and Vice President, the Chairperson of the School Committee, and the Superintendent. Eligibility for the sick leave bank typically will not be granted until after the one year anniversary of the date of hire, unless there are catastrophic circumstances that will be present to the Sick Leave Committee. The Superintendent's Designee shall serve as an alternate to the Sick Bank Committee in the absence of the Superintendent. The Bourne Educators' Association and the School Committee shall appoint alternates to their respective permanent members of the Sick Bank Committee.


The Sick Leave Bank shall continue for the life of this  Collective Bargaining   Agreement.



No person may be granted any sick leave accumulated on deposit in the Sick Leave Bank as long as said person has accumulated leave accrued to his/her own personal credit. Only teachers who have contributed to the Sick Leave Bank will be eligible to apply for withdrawal from the Bank.


The maximum withdrawal in any school year shall be sixty (60) days for any one (1) individual which shall be provided in allocations not to exceed thirty (30) days unless there are catastrophic circumstances.


Any application for withdrawal from the Sick Leave Bank must be accompanied by a letter to the Superintendent from the applicant's physician. Other criteria that the Committee will consider includes but is not limited to prior use of sick time, previous application to the sick bank, documentation, catastrophic illness, accidents. No application to the Sick Bank Committee will be considered without this requisite.


All sick leave donations to the Sick Leave Bank shall accrue to the credit of the Sick Leave Bank for the life of this Collective Bargaining Agreement. Any balance of days left in the Bank at the end of a school year shall be carried over to the following school year.


Where the employment of a teacher by the Bourne School System shall cease and after twelve (12) years of professional service in the Bourne School System, bridged by an authorized leave of absence, he/she or his/her estate shall be paid for unused sick leave at the rate of $12.00 per day to a maximum of $2,750. The benefits of this paragraph shall be available to bargaining unit members whose retirement is effective after the final day of a school year and shall be available only once to the member.


Section 2. Bereavement Leave


Up to five (5) consecutive working days attendant to the death and/or memorial service shall be allowed in each death; e.g. wife, husband, domestic partner, and or his/her: son, daughter, mother, father, sister, brother, grandchild; in addition, the death of the bargaining member's grandparents, or persons of the member's immediate household. Such leave shall be in addition to the leave allowance specified in Section 1 of this Article, but shall not be accumulated from year to year. Additional bereavement days may be granted by the Superintendent; said bereavement days shall be deducted from sick leave.

Bereavement days may be granted by the Superintendent on the occasion of the death of a person not mentioned in the above paragraph. Said bereavement days shall be deducted from the sick leave.


Section 3. Personal Leave


Bargaining unit members shall be granted time for the purpose of transacting or attending to imperative personal legal business, imperative household matters and imperative family matters as agreed upon by the Superintendent/Principal. Requests for a personal day shall require the completion and submission of the Personal Day Request Forms which is attached hereto and made a part hereof this Agreement as Appendix

D. The Superintendent/Principal agrees to respect the confidentiality of any said request.


Written notice of intention to take such leave will be filed with the  Superintendent/Principal  not less than one week in advance in order to assure adequate coverage. Where one week advanced notice is either a hardship or an impossibility, or where a personal day is required under emergency conditions, notice to the Superintendent/Principal  will be given as soon as  possible.


Teachers may take two personal days each year without stating any reason beyond the fact that they are requesting the day pursuant to this section. These personal days will be filed with the Principal. It is agreed that personal leave shall not normally be granted for extending vacation weeks or holiday weekends. However, Teachers may use one of the two personal days so long as the need for the day meets the criteria set forth in paragraph  one above.


Personal leave shall not be unreasonably denied; however additional requests for personal days beyond the two days listed in the paragraph above will need to be approved by the Superintendent with the teacher providing  the specific reason  for the request.


Section 4. Authorized   unpaid leave of Absence


An authorized unpaid leave of absence shall be calculated at one-one hundred and eighty-three (183) of the teacher's  annual  salary for each day of authorized unpaid  leave.


Section 5. Maternity and/or Child Rearing Leave


(a) A maternity/child rearing leave of absence will be granted to any bargaining unit member in accordance with the provisions of the Family and Medical Leave Act of 1993 as amended and/or General Laws Chapter 149, Section 105D, whichever provides the most favorable treatment to the bargaining unit member.


(b)  At the conclusion of such leave which may be granted under paragraph (a) above, bargaining unit members with professional teacher status shall be granted an unpaid leave of absence of up to two (2) year for the purpose of child rearing the child or children occasioned by a birth or adoption. Bargaining unit members without professional teacher status but who have completed one full year of teacher service in the Bourne School System shall be granted an unpaid leave of one (1) year for the purpose of rearing the child or children occasioned by a birth or adoption. A bargaining unit member taking this leave shall give thirty

(30) days' notice to the Superintendent of Schools. Bargaining unit members on maternity  and/or  child rearing leave will not sign a full time contract of employment with another school district while on childrearing leave.


(c) A bargaining unit member who is on maternity and/or child rearing leave shall not be entitled to accrue paid sick leave, to have the town contribute any payment to the cost of the bargaining unit member's group health and life insurance, and/or to receive any other benefits during a maternity and/or child rearing leave except for that period of time during such leave, when the bargaining unit member is certified by  her physician to be physically disabled from pregnancy, childbirth and/or the recovery therefrom. In the period of time physical disability, the bargaining unit member shall be entitled to all benefits granted to regularly employed bargaining unit members. During the period of time other than the period of physical disability,

the bargaining unit member shall be allowed to remain in the group health and life insurance plans provided that the teacher pays the full insurance costs for such benefits.


Upon return from maternity and/or child rearing leave the bargaining unit member shall return to the step on salary schedule which the bargaining unit member held prior to the commencement of such leave (provided that a bargaining unit member who has taught in a satisfactmy manner for 100 days or more during the school year shall receive a step increase), and the bargaining unit member shall be restored as soon as a position for which the bargaining unit member is qualified becomes available but in no event must  a bargaining  unit member  be returned  after the school year has begun.


(d)  A bargaining unit member shall be returned to their former or a similar position  upon  completion  of leave if such position is available. If no position for which the bargaining unit member is qualified, as determined by the Superintendent, is available at the end of the leave period, the bargaining unit member shall be offered the first such available position irrespective of the two (2) year limitation. All benefits to which a teacher was entitled at the time the leave of absence commenced, including seniority and unused sick leave, will be restored to the teacher upon his/her return.


(e)   A bargaining unit member on leave will notify the Superintendent, in writing, of his/her  intention  to return to school the follow September by March 15 or within four weeks following birth and/or adoption, whichever is later.


(f)  Bargaining Unit Members shall be allowed up to four (4) consecutive weeks of paid leave within the first three (3) months of a child's life to be at home with the child. Such leave shall be deducted from sick leave.


Section 6.


Teachers shall be granted leave of absence with pay when required by subpoena to appear in court for actions wherein the teacher is not a party. Such paid leave of absence shall, at the determination of the teacher, be deducted from his/her available personal or sick leave.


Section 7.


An employee who is required to serve on jury duty shall be paid by the Committee the difference between his/her salary and the compensation he/she receives for such jury duty exclusive of any travel or other allowances.




Section 1. A sabbatical leave of one year may be granted at the discretion of the School Committee to up to four (4) bargaining unit members per school year under the following conditions:


(a)  Seven years of unbroken teaching service within the Bourne School System.



(b)  Application for sabbatical shall be made before  January  1 of the school year prior to the year in  which the leave is to be taken. With this application, the applicant shall submit proof that the leave _will be used for self-improvement, research, or study designed to provide greater educational opportunities for his/her pupils and also enrich his/her teaching.


(c) A bargaining unit member on sabbatical leave shall be paid one-half of his/her salary.


(d)  A bargaining unit member granted sabbatical leave shall, pursuant to the provisions of M. G. L., C.71,

s. 4 lA, enter into a written agreement with the School Committee that upon termination of such leave he/she will return to service in the public schools of Bourne for a period equal to twice the length of the sabbatical leave and that in default of completing such service, he/she will refund to the town an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered as agreed to the whole amount of service agreed to be   rendered.


Section 2. Regarding benefits  to teachers  during a period  of sabbatical leave:


(a)  A teacher on sabbatical leave is eligible to remain as a member of the town's Blue Cross/Blue Shield Dental program.


(b) A teacher on sabbatical leave is eligible to retain his/her life insurance policy benefits.


(c)  There shall be no sick leave earned by a teacher during the period of time that he/she is on sabbatical leave.


(d) A teacher returning from sabbatical leave shall be granted an increment for the next school year providing that he/she is otherwise eligible for such an increment.





Section   1. When  it  is  determined  by  the  Administration  that  a  position  is  to  be  filled,  members of the bargaining unit shall be  given  seven calendar  days written  notification.  During  the  school  year, such notification  shall  be  provided  by   the   Administration   to   the   Association's   president   and building representatives.   The  Association   shall  provide  the  Administration  with  a  list  of  the  names  and  mailing addresses of the president  and building representatives  by the second Friday of each school year. During the summer recess,  such notifications  shall be provided  as follows:


(a)   It shall be posted in the Administration Building;


(b)   It shall be mailed to the Association's president and building representatives; and


(c)   It shall be mailed to interested parties who have provided  the Administration  with  a written notification of their interest in being notified of vacant positions and an address at which they may be notified.


(d)   Via email.


Section 2. Interested and properly licensed bargaining unit members who apply for such positions shall be granted an interview. The Administrator agrees to give due consideration to professional background attainments of all applicants, the length of time each has been in the school system, and other relevant factors. All applications shall be submitted in writing, clearly setting forth the applicant's qualifications for the  existing vacancy.


Section  3. The  Committee supports a policy  of promotions  from within the  system   whenever  feasible, including positions of a supervisory or executive nature.


Section  4. If circumstances require  a change or addition  in the  qualifications  for a position  as posted,  a revised notice will be given the Association directly after the need for alteration is known.


Section   5.  Except  in  the  case  of  teachers  without  professional   status,  a  teacher  displaced  because  of  a reduction  in personnel  shall receive primary  consideration  for openings for which he/she  is  qualified.


Section 6. Vacancies or positions open for such activities as special summer assignments interrelated with regular teaching functions, coaching vacancies, or professional openings providing an advancement in pay or position within the Bourne School System, shall be posted as in this article.


Section 7. Acting position will be filled within sixty (60) days, if possible.


Section   8. Rates  for newly  established positions  in the bargaining  unit, which positions  are created  by vote on  the  Committee,  will  be  discussed  with  the  Association's  Professional  Rights  and  Responsibilities Committee prior to posting. It is understood that job content is a Committee prerogative and  will  not  be discussed under this section.


Section  9. Vacancies  occurring because of a resignation will be posted within ten (10) work days   of the acceptance of the resignation by the Superintendent exclusive of vacation periods in the Superintendent's Office when it is the intention of the School Committee to fill such vacancies . .


The Association shall have the right to inquire of the Superintendent of Schools and be info1med by his/her as to the status of any such vacancies.




Section  1. The Superintendent  and the Association  recognize  that transfer  of teachers  will normally  be caused by four main circumstances:



(a)  Reduction in the teaching personnel of a school or schools.


(b) To reinforce an area of teaching by replacing a teacher less qualified with a teacher stronger in the particular field.


(c)  To provide broader experience.


(d)  For personal convenience of the teacher.


(e)  The Superintendent reserves its right to transfer a teacher when such transfer will in the judgment,    of the Superintendent, to be in the best interests of the school system. Prior to such a transfer being effectuated, the teacher shall have the right to request a meeting with his/her immediate and proposed future administrative superior and the Superintendent of Schools concerning his/her proposed transfer.


Section 2. In all cases of transfer a teacher's area of competence, major and/or minor field of study, quality of performance, and length of service in the Bourne School System will be given due consideration by the Superintendent.


Section  3. If a  teacher  wishes  to  place  his/her  name  on  record  as  desiring  a transfer,  he/she will  submit a written request to the Superintendent stating the  assignment preferred  between  September  and June  1st of the school year.   Such requests will be acknowledged  by the  Superintendent.





Section   1. Contracts


The Committee will make available to all members of the Association included within the bargaining unit a copy of this Agreement  after formal acceptance.


Section 2. Copies of Evaluation  Reports


(a)  Each teacher shall be given copies of his/her evaluations within two (2) weeks  after receipt  of same  in the Superintendent's Office.


(b)  Each teacher shall have the right to review the contents of his/her personnel file in the presence of the Superintendent or his/her designee, with 24-hour notice given.


(c)  No material derogatory to a teacher's conduct, service character, or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review the materials. The teacher  will acknowledge that he/she has had the opportunity to review the materials by affixing his/her signature to that

copy with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her rebuttal shall be attached to the file copy.


(d)   All nurses shall be evaluated on the same schedule as teachers by their building principals and the Director of Student and Special Education Services.


Section 3. Nature  of Assignment


On or before each August 1, each teacher will be notified in writing of the school and class level or subject matter course or courses, as the case may be, to which he/she is assigned for the following school year. If the class schedule for the school in question has then been prepared, such notice shall include this schedule. It is understood that changes in circumstances affecting the school system which may occur after August 1 may require changes in assignments contained in such  notice.


Section 4. Mileage Reimbursement


Teachers who use their own motor vehicles for transportation of themselves or other school personnel on school business with prior approval by the Superintendent or his/her designee shall be reimbursed for such use at the rate per mile then being paid by the Town of Bourne upon submission of vouchers in such form as the Superintendent may prescribe. Teachers engaged in tutoring students during after school hours shall be paid mileage reimbursement for any necessary travel which will be based upon the travel mileage difference between their normal travel route and the travel route for the tutoring. Travel vouchers will be paid as received and must be submitted to the Business Office as they occur, with no vouchers submitted later than June 30th.


Section 5. Substitutes


(a)   When a special subject teacher in art, physical education, remedial reading, music, or art teacher, world language teacher, group guidance teacher, or health teacher is absent, every effort will be made to hire an available substitute.


(b)   In the event that a substitute cannot be obtained for a classroom teacher, the principal may assign coverage from a volunteer list; such list will be established by the principal at the beginning of each school year and may be updated during the course of school year. Teachers who volunteer to teach a class period will be paid $25.00.


(c)  When a nurse is absent for any reason, the nurse leader and/or building principal shall make arrangements for providing a substitute nurse.


Section 6. Miscellaneous Notices


Each teacher shall receive annually written notification of the number of sick days accumulated. A teacher who has submitted a written requisition for materials or a work order shall receive within thirty (30) days written notice as to the disposition  of the requisition  or work order.


Section  7. On or after the  commencement  of negotiations  for a successor  Agreement,  the   Committee will supply the Association, upon request, with a distribution chart showing the number of teachers on each step in each salary grade of the salary  schedule.


Section 8. The representative committee of the Association shall meet with the Administration on a regular basis, monthly  if possible, to discuss items of  concern.


Section 9. In the event that a court of competent jurisdiction shall decide that any part or provision of this Agreement is in conflict with any applicable laws of the Commonwealth or Federal Statutes, such law shall prevail. All other provisions  of this Agreement  shall remain in force and  effect.


Section   10. At the beginning  of each school year,  the  Committee  shall provide  written  notices to teachers informing them of their eligibility for benefits under the Worker's Compensation Act and the procedure to be followed in applying for such   benefits.


Section  11. Both parties agree to adhere to an accepted CODE OF ETHICS. The CODE OF ETHICS    of the Bourne School Committee as  stated  in the  Town  of Bourne  School  Committee  Policy  Manual. The CODE  OF  ETHICS  of the  Bourne  Educators'  Association  is stated  in  a  document titled  "MTA-code  of Ethics  of the Education Profession,"  and is made  an attachment to this  Agreement.


Section   12. Teachers  covered  by this Agreement  shall not  be required  to  drive  students  in their personal motor vehicles.


Section   13. The  Committee  agrees to  a policy providing protective  clothing for teachers  in  shop, science, art, and physical education, and coaches within the following guidelines. In the areas of shop, science, and art the purchase made under this agreement will be limited to: glasses, shoes, gloves, and other articles of clothing that would serve to protect but not replace regular clothing, or that can be worn in place of regular clothing at times when the functions to be performed will likely cause harm to that regular clothing. Physical education  or  coaching  purchases  made  in  this  area  will  be  limited  to the  conventional  type  of  physical education and coaching  clothing normally worn  during functions that   fall in this position. The wearing of items purchased under this Agreement will be restricted to school activities.


For each fiscal year, each person affected by this Agreement shall submit purchase order for  any expenditures to which he/she is entitled. All purchases will be pre-approved by the department head and then  submitted  to the  Superintendent's  Office  for final  approval.  The  amount per person  is not to exceed

$75.00; OR the maximum allowed to all eligible persons under this Agreement shall not exceed the total amount  of $2,500.00.


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For each fiscal year, each department head will include an amount for protective clothing as part of his/her regular budget to be submitted to the School Committee for the Committee's approval These budget items will be processed through the regular department budgetary procedure with the understanding that the maximum  amount to be provided  here  for all individuals  in all eligible  areas  shall not  exceed  a total   of



The preceding three (3) paragraphs shall not apply to school nurses; but, the Committee shall annually budget one hundred (100) dollars per school nurse for the purpose of providing them with uniforms and/or other protective clothing, including shoes, which shall be worn during the school year. For each fiscal year, each person affected by this Agreement shall submit purchase orders for any uniform expenditures to which he/she is entitled. All purchase  orders will be approved by the Director of Pupil Personnel  Services.


Section  14. CORI/CHRI checks will be administered  in accordance  with  applicable  state and  federal laws and regulations


Section   15. If at any time  after fifteen (15) years  of service to the Bourne  School  System,  any member  of the Bargaining Unit desired to retire upon reaching the age of 50 or above (but less than 65), that member will notify the Superintendent of Schools at least one (1) calendar year in advance of his/her intention to retire. The Bourne  School Committee will then allocate an early retirement payment   as follows:


For members age 50 to 55 -- *12% of salary at retirement For members age 56 to 60 -- *8% of salary at retirement For members age 61+ -- *$ $3,000


In addition, a member of the Bargaining Unit with fifteen (15) or more year of service in Bourne who is less than 50 becomes eligible for retirement under Massachusetts General Laws as a result of being a laid-off teacher under 50 years of age shall be eligible for this payment of twenty-five hundred dollars ($2,500) provided  said member exercises his/her statutory option to retire at the time of  layoff.


The receipt of these benefits shall require a one calendar year written notice and shall be available only to those bargaining unit members whose retirement is effective after the final day of the school year. Such notice shall be irrevocable  except as revoked by the Superintendent  in his/her sole discretion.


Section     16.    Teachers    shall    demonstrate    a    professional    example    in    speech,    appearance,    and manners: specifically, no blue jeans, no printed  logo t-shirts, no  rubber  flip flops,  and no spandex/yoga pants. If shorts are worn, they should be tailored/dress  shorts  of  walking  length. Exceptions may be approved by the Superintendent or his/her designee for special occasions, events, or fundraisers. Special exceptions will be made to teaching positions that require different attire to meet the need  of their job  (i.e. PE).


Section 17. When_ a bargaining unit member is required to move involuntarily from building to building or from classroom to classroom within a building, they shall be given one day  to  pack  and  one  day to unpack.

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Such days shall be days without students if school is in session or shall be paid at the teacher's per diem rate if school is not in session.


Section 18. With the exception of term 4, grades will close on Friday and will be due by the end of the  day on the following Wednesday.




Prior to the start of the 2016-2017 school year, a Joint Labor Committee will develop language for ratification by the Parties setting forth the procedures for reduction in force in accordance with the new changes under MGL c. 71 s. 42. Such language, once ratified will replace the current language in Article XVII.


Until July 1, 2016, in the event that the School Committee determines to reduce the number of employees covered by Article I of the Collective Bargaining Agreement between the Committee and the Association, the following procedure  for reduction in personnel  will be followed:


(a) Ifthe Committee determines it is necessary to reduce the number of employees covered by the Collective Bargaining Agreement, it shall attempt to accomplish said reduction by attrition.

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


(c) In the event the School Committee determines to reduce the number of school nurses covered by Article I of this Agreement, the reduction will take place in reverse order of seniority. Seniority shall be determined by the initial date of hire. Iftwo or more nurses have the same date of hire, they will be placed on a seniority list by lot.

(d)  When a reduction in force is to take place, the Committee shall give written  notice to the  Association and the affect employees at least twenty (20) business days (those days when the Office of  the Superintendent is open to the public), prior to the vote of the School Committee concerning the status of an employee to be affected by a reduction in force.


(e)  Inthe event a reduction cannot be accomplished pursuant to Sections A and/or B above and a teacher with professional status must be laid off, the Superintendent shall identify the teacher with the least seniority within the affect discipline as the teacher to be laid off. No teacher with professional status identified for layoff shall be laid off if there is another teacher with professional status with less seniority  holding a position for which the identified teacher with professional status is qualified. A teacher with professional status who is multi-qualified shall be able to bump into that position held by the least senior with professional status whose position the identified teacher is qualified to fill. A teacher with professional status bumped from his/her position by a teacher identified for layoff shall have the same rights vis-a-vis less senior teachers with professional status as did the more senior teacher with professional status who took his/her position. A teacher displacing a less senior teacher with professional status must meet the standard of "highly qualified". The teacher who is finally reached for layoff after the aforementioned bumping process has taken place shall


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be notified, in writing, by the Committee that he/she is to be dismissed effective September 1 of the following year.


(f) (1) Ifthe affected employee requests, within ten (10) calendar days from the date of notification under paragraph (d) above, on the form letter attached to this Collective Bargaining Agreement, and is granted a leave of absence without pay or increment as a result of layoff pursuant to the provisions of this reduction in force procedure, said leave shall continue for the recall period unless otherwise terminated.


(2)   When an employee covered by the Collective Bargaining Agreement who has not been dismissed pursuant to M.G.L. c. 71, s. 42, has been granted a leave of absence as a result oflayoff in accordance with the provisions of this reduction in force procedure, said employee shall be placed on a recall list for a period of thirty-six (36) calendar months from the effective date of the layoff. Ifnot recalled during said period, the employee shall be terminated.


(3)  An employee granted the leave set forth in (e) (2) above shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of his/her layoff, provided, however, that the employee pays the entire cost of said insurance by the Committee for such employee's insurance.


(4)  During said recall period, employees laid off under this article shall be given priority on the substitute list. Employees must indicate in writing their agreement to perform substitute work at the substitute's daily rate of pay.


(5)   The employee, during the period of recall, shall inform the Superintendent of his/her current mailing address and any other circumstance which would affect his/her recall status.


(6)  In the event that the Committee determines to re-establish the eliminated positions, or in the event that other vacancies occur which the Committee decides to fill, then employees who have been placed on layoff status who are qualified for the available position and who are in recall status shall be notified by certified mail and return receipt requested noted for "Addressee Only," at their last address of record on file with the Office of the Superintendent that such a position is available. The employees so notified shall, within ten

(10) business days from the date of the receipt of the notice, respond, in writing, by certified mail, of their intention to return  or not to return to the school system. Upon the expiration of said ten (10) business  days, if the Superintendent has not been given notice of his/her intention not to return, then in such event, said employee shall terminate the leave of absence and the employee shall be considered to have resigned from the school system.


(7) The Superintendent  shall assign the most senior qualified  employee among those notified  in  paragraph

(6) to the available position, provided said employee was placed on layoff from the discipline of the position and provided said employee has complied with the provisions of paragraph (6). If among those notified in paragraph (6) there is no employee who was teaching in the discipline of the position immediately prior to being placed on layoff, the Superintendent shall assign the most senior qualified employee among those notified in paragraph (6) who has taught in the discipline of the position in the Bourne Public Schools within


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ten (10) years prior to the date on which the employee was given a written notice of layoff, provided the employee has complied with the provisions  of paragraph  (6).


(8)    Those employees who have complied with paragraph (6) above and who have not been assigned in accordance with paragraph (7) above shall continue tin recall status consistent with paragraph (e) (3) above.


(9)   In the event of a layoff pursuant to this Agreement, no duties performed by members of the bargaining unit may be performed by persons receiving compensation not in the bargaining unit except to the degree consistent with the practices in effect on the effective date of this Agreement.


(G)   Fall Back


(1)    Effected employees who re-enter the bargaining unit described in Article I, shall be placed on the Seniority List in accordance with their total consecutive service within the Bourne School System.


(2)   Effected employees who enter the bargaining unit described in Article I for the first time shall be placed on the Seniority List in accordance with their total consecutive service within the Bourne School System.


(3)   Employees who fall back in accordance with (f) (1) or (f) (2) above shall be assigned to the discipline in which they last taught.


(H)   Definitions


Seniority shall mean a bargaining unit member's total length of continuous service in years,  months  and days in a bargaining unit position commencing with the first day for which he/she receives compensation. Authorized leaves of absence shall not be considered breaks in such service, but only paid leaves of absence shall be counted as years, months and days for the purpose of this definition.  When  the total number  of years, months and days are equal, seniority shall be determined first by date of contract signing and then by lot.

For bargaining unit members employed  on a part-time  basis,  seniority shall be accrued  on a pro rata basis as their actual amount of service in a particular school year bears to a full-time assignment during said school year with days being measured in increments of 20% (1/5th) rounded up to the next such   increment.

On an annual basis, the Committee and the Association shall prepare a seniority list specifying the order of seniority of each bargaining unit member. The seniority list shall include all disciplines in which the bargaining unit member is licensed pursuant to M.G.L. c. 71, §38G. The list shall be promulgated jointly by the Committee and the Association not later than October 15th of each school year to all bargaining unit members. Bargaining unit members shall have ten (10) school days following the date of promulgation in which to challenge their placement on said seniority list. The challenge shall be submitted in writing stating the reasons and shall be heard by the Superintendent and the President within ten (10) school days of its receipt. Ifthe challenge is not resolved satisfactorily to the bargaining unit member, he/she may submit the matter  to  arbitration  pursuant  to the provisions  of Article  VII  of this  Agreement.    The  decision  of   the



10/13                                                                                                                                                                              29 of 89

arbitrator shall be final and the cost of such service split equally between the bargaining unit member and the Committee/Association.


Questions concerning the implementation of this language change are to be resolved by the existing joint bargaining  subcommittee on seniority.


(1)     Qualified: means that the employee has on file with the Committee prior to the finalization of the Seniority List his/her evidence of licensure required pursuant to Chapter 71, Section 38G of the Massachusetts General Laws.


(2)   Layoff: Means an unpaid leave of absence for a period of thirty-six (36) months commencing from and pursuant to a Reduction in Force.


(3)   Recall: Means the right to return to service during the thirty-six (36) month layoff period.


(4)    Seniority List: Shall mean a list specifying the order of seniority of each professional employee. The seniority list shall include the areas in which a professional employee is qualified, and said list shall be prepared by the Committee and the Association. The Association shall promulgate the seniority list to each professional employee within ten (10) calendar days after receipt of said list from the Committee.


(5)       Licensure: The teacher licensure granted by the Massachusetts Department of Education. For the purposes of this Article, consideration shall only be given to those licensures on file in the Office of the Superintendent at the time of notification of layoff.


(I) Employees recalled and returned to active service pursuant to the provisions of the reduction in force procedure shall be credited with all previously accrued time in Bourne for the purposes of placement on the salary schedule and any previously  accrued, unused sick leave upon return to active  service.


(J)   The School Committee and Association agree that for the purposes of this Collective Bargaining Agreement grievances arising hereunder shall be processed in accordance with the Grievance Procedure in the Collective Bargaining Agreement between the A$sociation and the Committee.


(K)  The foregoing procedure for reduction in force shall apply solely to teachers with professional status covered by the Collective Bargaining Agreement.




Section 1. "Agreement" when capitalized shall refer to the Agreement in its entirety, including all Articles, Appendices, Extensions, Amendments, or Supplements, or the like, which are executed by the Parties hereto during the term of this agreement.


Section 2. "Teacher, employee,  member, individual,  or personnel,"  as used in this Agreement, means  a member or members of the recognized Bargaining Unit, as set forth in Article I -Recognition, Section 2.


10/13                                                                                                                                                                             30 of 89



Section 3. "Article" as used in this Agreement refers to all paragraphs, sub-paragraphs, and other materials included under one of the main sections of this Agreement which is headed by a Roman numeral and   Title.


Section 4. Words or phrases used in this Agreement shall be given their original accepted meaning as used in labor contracts or, if defined, the meaning set forth in the  definition.


Section 5.  "Parties" as used herein shall mean the Committee and the Association


Section  6. "Agent" a person duly authorized to act on behalf of, or in lieu of, an originally  constituted authority.


Section 7. "Authority" as used in Section 6 of this Article shall mean an individual or committee which has been assigned, vested, and elected with certain specific duties in accordance with a governing constitution or bylaws, or by statute of the Commonwealth.


Section 8. "Increments" as used in this Agreement shall refer to the amount of increase from one step to the next higher in the salary schedule, as printed in this  Agreement.


Section 9. "Adjustments" as used in this Agreement shall mean movement from one salary grade to another of higher qualification and pay, as set forth in the printed salary schedule inthis   Agreement.


Section  10. "Salary Grade" means  the single separate classifications  as set forth  in the  salary schedule which is part of this Agreement. Bachelors -Grade I, Bachelors +15 - Grade II, Masters -Grade III, Masters

+15 -Grade IV, Masters +30  - Grade V, CAGS -Grade VI.


Section 11. "Superintendent" means the Superintendent of the Bourne  Schools.


Section 12. "Workday" refers to those days on which the school to which a teacher is assigned is in session.


Section 13. "Administrators" shall mean classifications set forth in Section 3 of Article I.




Section 1. This agreement shall be effective as of July 1, 2015, and shall remain in effect until June 30, 2018. This Agreement shall automatically renew itself from year to year unless and until either party gives notice to the other party by October 15, 2017, or by October 15 of the succeeding year prior to the end of the then effective yearly period of this Agreement, of its desire to terminate or amend, change, or alter the provisions hereof.


Section 2. Such notice as specified in Section I above shall be delivered to the other party as follows:





10/13                                                                                                                                                                             31 of 89

By the Association: by written notice delivered to the Chairman of the School Committee in hand no later than the calendar dates specified in Section 1 above or by certified or registered mail addressed to its Chairman, to the Superintendent's Office, Bourne Public Schools, Bourne, MA 02532, postmarked no later than the calendar dates specified in Section 1 above.


By the Committee: by written notice delivered to the President of the Association in hand no later than the calendar dates specified in Section I above or by certified or registered mail addressed to its President at his/her home addressed and postmarked no later than the calendar dates specified in Section 1 above.


Section  3. It is the  intent of both parties that negotiations  for  a successor Agreement  shall   commence no later than October 15 of the then effective yearly period of the Agreement, or as soon as practical thereafter, with the goal of completing such negotiations on or before December 31 of the then effective yearly period of the Agreement.




The Association and the Committee agree that each had a right to bargain for any provision that is presented for inclusion in this Agreement, and, except as provided in Section 2 of the preceding Article XIX, each party expressly waives the right to reopen this Agreement for any further demands or proposals. This contract constitutes a complete accord on all matters and if other proposals have been made, they have been withdrawn in consideration of this Agreement.




Appendix A ..... Salary Schedule             Bourne  Public Schools

Teachers· Salary Schedule 2015-2018









Bachelors +


























































































































































































































































































































































For the 2015-2016 year: The salary schedule in effect on June 30, 2015, shall be increased by one and one half percent (l.5%) across the board.


For the 2016-2017 year: The salary schedule in effect on June 30, 2016, shall be increased by two percent (2%) across the board.


For the 2017-2018 year: The salary schedule in effect on June 30, 2017, shall be increased by two percent (2%) across the board.


See actual salary schedule onprevious page


Appendix B. Extracurricular Activities

The following stipends will be paid to teachers who accept the assignments to supervise the following activities. It should be noted that all these activities are not offered every year subject to budget appropriations.


APPENDIX 8:  STIPEND SCHEDULE   Extra Curricular Activities 2015-2018




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DESCRIPTION ·                                                         I

Major Commitment, Full Year, Significant Hours beyond After School Program

Full Year Commitment, Multiple Outside Events, Many hours beyond After School Program Full Year Commitment, Minimal Outside Events, Primarily After School Program

Short-Term Commitment, After School Program SCHOOL                      GROUP            STIPEND


Diversity Group Drama Club

Environmental/Science Club Freshman ClassCo-Advisor Freshman Class Co-Advisor Junior Class Co-Advisor Junior Class Co-Advisor

Key Club Co-Advisor Key Club Co-Advisor Language Club (2)

Language Club (2) Math Club

National Honor Society Co-Advisor National Honor Society Co-Advisor Robotics Club (with BMS)

SAT Course

Senior Class Co-Advisor Senior Class Co-Advisor Sophomore Class Co-Advisor Sophomore Glassco-Advisor

Student Government Co-Advisor Student Government Co-Advisor Ultimate Frisbee

V>Jings Literacy Publisher Yearbook Co-Advisor

Yearbook Co-Advisor (Entire stipend if single advisor)

NYE Grant Club Advisors 0

Book Club

Film and Radio Club History Club

BHS                              c        $           800.00

BHS                              B             $        1,250.00

BHS                              c        $           800.00

BHS                              c        $           800.00

BHS                              c        $           800.00

BHS                              B             $        1,250.00

BHS                              8             $       1,250.00

BHS                              B             $       1,250.00

BHS                              8             $       1,250.00

BHS                              c        $           800.00

BHS                              c        $           800.00

BHS                              c        $           800.00

BHS                              B             $       1,700.00

BHS                              8             $       1,700.00

BHS                              c        $          800.00

BHS                              8             $       1,250.00

BHS                              B            $        1,250.00

BHS                              8            $        1,250.00

BHS                              c        $           800.00

BHS                              c        $           800.00

BHS                              8             $        1,250.00

BHS                              B             $       1,250.00

BHS                              D             $          600.00

BHS                              B            $        1,250.00

BHS                              A             $        2,250.00

BHS                              A             $       2,250.00 BHS

BHS                           NYE

BHS                           NYE

BHS                           NYE


Supervision of Detention -per hour                                                              BHS                                                 17.96/HR

          RN!;l MIE>§l!e,seR00b "!  1t1:.f .l'j·:.:fil    :;::           ..::.J..!.ll i          i!         :...1....1..':.,.....:C T : ; ;,] I

BLAST Advisor                                                                                                 BMS                              c        $           800.00

Bourne Current Newspaper                                                                                 BMS                              c        $           800.00

Builders Club                                                                                                   BMS                              c        $          800.00

Coding Advisor                                                                                                BMS                              c        $          800.00

Courtyard Garden Club                                                                                BMS                              c        $          800.00

Destination Imagination Advisors (each)                                                    BMS                              c        $          800.00

Diversity Group                                                                                                BMS                              c        $          800.00

Drama Club                                                                                                 BMS                              c         $          800.00

Energy Savers                                                                                                  BMS                              c        $           800.00

Glee Club                                                                                                     BMS                              c        $           800.00

Grade 6 Natures Classroom Coordinator                                                   BMS                              c        $           800.00

Grade 8 Washington DC Coordinator                                                         BMS                              c        $           800.00

Jazz Band                                                                                                    BMS                              c        $           800.00

Memory Book Co-Advisor                                                                           BMS                              B             $        1,250.00

Memory Boak Co-Advisor                                                                           BMS                              B             $       1,250.00

Outside the Classroom                                                                                      BMS                              c        $          800.00

Student Council Advisor                                                                                    BMS                              c        $          800.00

Tech Buddies                                                                                                   BMS                              c        $           800.00

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K-Kids Co-Advisor                                                                                            ELE                               B             $        1,250.00

K-Kids Ca-Advisor                                                                                            ELE                               8            $        1,250.00

Afler-SchaalEnrichmentAdvisors                                                                           ELE                               D             $           600.00

After-Schaal  EnrichmentAdvisars                                                                         ELE                               D            $           600.0



[filt@'             fll         j ]. (1J:'."'"-'>,..!i.!LJC1L'D              BPS                                             $           600.00

Mentoring Program- Lead Mentors


$         1,250.00



$            800.00

Science Fair Coordinator


$            800.00

Science Fair Coordinator


$            800.00

Team Leaders NOTES


$         1,000.00


          'i10JsTrugnl!!l!Q.§p..QfilTINQ S\'l:S:':.""'l'.'.: ·                '.' .. ·23':::.J .:f:P E'::::-::Ef..:.JiXJ





Group placement of new club advisors willbe at the recommendation of the building principals, after the initial pi/otyear

••APPENDIX B-1 positions not included in Extracurricular Stipend Funding Pool

..NYE Club Advisors determined by NYE Grant Administration



Curriculum Work: $20/hour unless otherwise specified by grant at a higher level of compensation, with the approval of the Superintendent. Instruction Work: $25/hour unless otherwise specified by grant at a higher level of compensation, with the approval of the Superintendent.






Appendix C. Special Salnry DifferentiaJs

Personnel in the positions specified below shall receive, inaddition to the compensation othenvise

provided under this agreement, a salary differential a specified below:




Band Director Music Director Alt Director

Title IDirector (monies from Title 1funds)

Head Nurse

Fine Aris Director Athletic Director

Health and Wellness Director





































AppeudixD.  Coaches' Salaries


Bourne Public Schools Athletic Salary Schedule 2015-2018





Step One




Step Two






























































































































































































Category A. Football Coaches

Category B. Basketball & Ice Hockey Coaches

Category C. Basebal Field Hockey, Lacrosee, Soccer, Softbal Track and Volleyball Coaches Category D. Cros. Country, Golf and Tennis Coaches

Category E. Cheerleading Coaches Category F. lvriddle School Sport Coaches



















10/13                                                                                                                                                                                                                             37 of 89



Appendix E. Personal Leave Forms

Bourne Public Schools 36 Sandwich Road

Bourne, MA 02532



Teacher Req uest for Sinle Personal Day of Absence RESTRICTED - Cannot be utilized to extend holiday weekends or vacations Can only be utilized once in a school year per CBA

INSTRUCTIONS: This form is to be submitted electronically to the Principal. Name:        _

School: ----------------

Date Requested:                                                                     


Full:                      Half:                 _


Are the dates you request to be absent seven days subsequent to the date on which your request is being]led?    Yes No


Reason for Personal Day: (please check one) O Imperative personal legal business

O Imperative household matters O Imperative family matters


Have you been granted other Personal Days during the cull'ent school  year'O    YesO

No Ifyes, how many?                                          _




Signature of Employee


************************************    ************************************************


* Your request to be absent from your school duties for Personal Reasons as indicated above is: O   ApprovedO    Not Approved.







Revised September 2015






10/13                                                                                                                                                                                  38 of 89



Bourne Public Schools 36 Sandwich Road

Bourne,  MA 02532



Teacher Request for Sin2le Personal Day of Absence UNRESTRICTED

Can only be utilized  once in a school year per   CBA

INSTRUCTIONS: This form is to be submitted electronically to the Principal. Name:                                                           _

School:                                                                                 _


Date Requested:                                 

                 _Full:                      Half:                 _


Are the dates you request to be absent seven days subsequent to the date on which your request is being filed?   Yes  No D


Reason for Personal Day: (please check one)

D   Imperative personal  legal business

D   Imperative  household matters

Imperative family matters


Have you been granted other Personal Days during the current school yearO  YesO

No Ifyes, how many?                                          _




Signature of Employee


******************************   **************************  ****************************


* Your request to be absent from your school duties for Personal  Reasons  as indicated  above is:

D ApprovedO   Not Approved.




Revised September 2015




10/13                                                                                                                                                                                  39 of 89



Bourne Public Schools 36 Sandwich Road Bourne,  MA 02532


508.759.1107 (fax)


Reguest for Personal Day of Absence INSTRUCTIONS: This fotm is to be submitted electronically to the Superintendent. Name:                                                                        _

School:                                                                                     _


Date Requested:                                                                          Full:                      Half:                  _


Are the dates you request to be absent seven days subsequent to the date on which your request is being filed?   Yes No  D

Reason for Personal Day (imperative personal, legal, household business or family matters) must be given.





Have you been granted other Personal Days during the current school  year'O   Yes  No D

Ifyes, how many?                          _







Signature of Employee                                                                                 Date


********************************* **********************************   *****************


* Your request to be absent from your school duties for Personal Reasons as indicated above is:

ApprovedO    Not Approved.






Superintendent                                                                                              Date


Authorization Code:                                                               _





Revised November 2013






1)               Purpose of Educator evaluation


A)                This contract language is locally negotiated and based on M.G.L.c.71, 38;M.G.L. c. 250E; and the Educator Evaluation Regulations, 603 CMR 35.00 et seq., and the failure of the parties to expressly include the provisions of a provision of said regulations in this agreement shall not constitute a waiver of such provision and/or diminish their obligations there under.


B)                 The purpose of evaluations is:


i)                   To promote student learning, growth, and achievement by providing educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01 (2)(a);

.ill       To provide  a record  of facts and assessments  for personnel  decisions,  25.01 (2) (b).


2)                  Definitions


A)     Walkthroughs, Learning Walks, and Instructional Rounds, or any other means deemed useful by the district educators and evaluators, are non-evaluative collaborative observation protocols designed to assess overall school culture.


i)                     Walkthroughs are intended to gauge overall climate, culture and instruction within a school, program or department, and entail walking into multiple classrooms, usually for less than ten minutes. Observations from walkthroughs summarize the aggregate climate, culture and instruction rather than commenting on individual teachers, and are used to talk about observed patterns and trends across classrooms. Walkthroughs are not observations for the sake of this evaluation system and does not result in feedback to individual educators; therefore notes will not be taken. A walkthrough can be announced or unannounced. There are no limits on the number of walkthroughs that can be conducted, provided that all educators in a school shall have a similar number of such visits.


ii)                   Learning Walks are a very structured method of gathering evidence of progress against a clearly defined issue, and planning ways forward. They are traditionally used to gather evidence about the quality of learning and teaching. What sets the Learning Walk apart is its collaborative nature. Learning Walks are carried out by a team of people who together define or refine the issue, design the best way to gather evidence, constantly refine the tools used and collectively use the evidence gathered to identify areas for development. The team members are carefully chosen to reflect the needs of the project and can consist of

representatives of all the stakeholders involved. Evidence is usually gathered



from short, focused lesson observations, interviews and a shared understanding of policies, procedures and practices underpinning the area of inquiry.


iii)       Instructional Rounds: The basic premise oflnstructional Rounds is that people best learn about the meaning of high quality instruction by observing teachers, students, and the work students are asked to do, followed by meaningful conversation and the process is thoughtfully designed to avoid talk of "good" or "poor" teachers. Considerable time is spent observing the students. The focus is always about "What is going on in a classroom that is causing the students to be highly engaged in challenging work?" and "How it is different from classrooms where learning is not happening?" Groups of 3-5 people observe 4 classrooms for about 30 minutes each. Generally, the staff of the building being visited has identified a specific issue that they want the observers to focus on. After the observations the observers comb their notes for important observations and write them on sticky-notes. These notes are later shared in their group and patterns are discerned from the observational data. The groups share their findings with the entire visiting team. The team formulates reflective questions for the building

staff that recognize what they have accomplished, but also push them to think about how to move to the next level.


B)                   Unannounced Observations may be in the form of partial or full-period classroom visitations but not less than 10 minutes.


C)         Artifacts of Professional Practice: Educator developed work products and student work samples that demonstrate knowledge and skills with respect to specific performance standards.


D)                  Caseload Educator: Licensed educators who teach or counsel individuals or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, and some reading specialists and special education teachers.


E)                   Classroom Teacher: Educators who teach PreK-12 whole classes, and teachers of special subjects such as art, music, library and physical education. May also include special education teachers and reading specialists who teach whole classes.


F)                  Categories of Evidence: Multiple measures of student learning, growth, achievement, judgments based on observations as defined above, and artifacts of professional practice and additional evidence relevant to one or more Standards of Effective Teaching Practice.


G)                 District-Determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide.  These measures  may  include, but shall not be limited to: portfolios, approved commercial assessments and district­ developed pre and post  unit course assessments,  and capstone projects.  (See Section 2, DD).



H)        Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.


I)         Educator Plan: The growth or improvement actions identified as part of each Educator's evaluation. The type of plan is determined by the Educator's career stage, overall  performance rating, and the rating of impact on student learning growth and achievement. There shall be four types of Educator Plans:


i)                   Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for one school year or less for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment. An educator with PTS shall be considered in a new assignment when teaching under a different license. The educator shall be evaluated at least annually.


ii)        Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who  are rated  proficient   or exemplary.


a)                 For educators whose impact on student learning is either moderate or high, the Educator Plan may be for up to two years. 35.06 (7) (a) (1).


b)            For educators whose impact on student learning is low, the Educator plan shall be for one year. The plan shall include a goal related to examining elements of practice that may be contributing to low impact, 35.06(7) (a) (2).) The educator and evaluator shall analyze the discrepancy in practice and student performance measures and seek to determine the cause(s) of such discrepancy. 35.06 (7) (a) (2).


iv)                Directed Growth Plan shall mean a plan of one school year or less for educators with PTS who are in need of improvement, developed by the educator and the evaluator, 35.02


v)                 Improvement Plan shall mean a plan of at least thirty calendar days and no more than one school year for educators with PTS who are rated unsatisfactory,    developed by the educator  and evaluator and subject to the evaluator's final   approval with goals specific to  improving the  educator's unsatisfactory  performance  35.02.  Inthe event the Educator  and the Evaluator  are unable  to agree on a plan, the Evaluator will be responsible for the establishment of the

plan. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer, proceeding {prior to} the next  school year.


J)        Evaluation: The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the "formative evaluation") and to assess total job effectiveness and make personnel decisions (the "summative" evaluation)



K)                  Evaluator: Any person designated by the Superintendent who has primary or secondary responsibility for observation and evaluation. The Superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings.

.U                                     Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation and, in collaboration with the Secondary Evaluator, development of the Educator Plan. The Primary Evaluator shall be the building Principal. The Primary Evaluator must conduct at least one walk:through on teachers who are on a self-directed growth plan. The Primary Evaluator must do at least one observation for teachers on the developing educator plan, directed growth plan and improvement plan.

ill       Secondary Evaluator shall be the person responsible for supervising the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the Primary Evaluator at the end of the Educator Plan. The Primary Evaluator may serve as the secondary Evaluator. The Superintendent may designate any licensed and trained individuals who are regularly employed on at least a one-half (1/2) time basis by the Bourne Public Schools, including Department Heads and/or District Directors, but excluding all other Unit A Association bargaining unit members, to serve as Supervising Evaluators.


a)                    Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator assigned by the Superintendent where the individual is assigned most of the time. The Principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments. In cases where there is no predominating assignment, the Superintendent will determine who the Primary Evaluator will be.


b)                    Notification: The Educator shall be notified in writing of his/her Primary Evaluator and Secondary Evaluator, if any, at the outset of each new evaluation cycle. The Evaluator(s) may be changed in circumstances of

a change in assignment, transfer of building or other personnel changes.


L)                Evaluation Cycle: A five component process that all Educators follow consisting of (1) Self-assessment; (2) Goal-setting, Analysis and Educator Plan Development; (3) Implementation of the Plan; (4) Formative Assessment/Evaluation; (5) Summative Evaluation.


M)        Experienced Educator: An educator with Professional Status (PTS).


N)        Family: Includes students' parents, legal guardians, foster parents or primaty caregivers.



0)  Formative Assessment:  The process used to assess progress towards attaining goals   set forth in Educator Plans, performance  on standards  or both.  This process  may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.


P)                Formative Evaluation: An evaluation conducted at the end of year  1 for an Educator  on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress

towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators  of Effective  Teaching Practice,  or both.


Q)                Goal: A specific, actionable and measurable area of improvement as set forth in an Educator's Plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by a team of Educators. Grade-level or subject area teams,  departments,  or other groups of Educators  who have the same role  can develop team goals.


R)                 Measurable: That which can be classified or estimated in relation to a scale, rubric or standards.


S)                 Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles in state assessments, if state assessments are available, and student ACCESS scores. This definition may be revised as required by regulation.


T)                Observation: A data gathering process specifically undertaken pursuant to this agreement that includes notes and judgments made during one or more classroom or worksite visit(s) of at least ten minutes in duration by the·Evaluator and may include examination of artifacts of practice. An observation shall occur in person. All observations will be done openly and with knowledge of the Educator. Classroom or worksite observations conducted pursuant to this article must result infeedback to the Educator using agreed-upon verbal or written protocols. Ifthe association and the committee agree to include videotaping as a means of collecting evidence for an observation, the parties will meet to collaborate on the protocol. Normal supervisory responsibilities of department, building and district administrators will also cause

administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Such supervisory activities will only constitute an observation if the provisions of this article with respect to observations are fully satisfied and the department, building and district administrator is a supervisor of the teacher being observed.


U)        Parties:  The parties to this  agreement  are the local school committee  and the employee organization that represents the Educators covered by this agreement for purposes of collective  bargaining (BEA).


V)                Performance Rating: Describes the Educator's performance. There shall be four



performance ratings:


i)                  Exemplary: The Educator's performance consistently and significantly exceeds the requirements of a standard or overall.


ii)            Proficient: The Educator's performance fully and consistently meets the requirements of a standard or overall.


iii)              Needs Improvement: the Educator's performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.


iv)               Unsatisfactory: the Educator's performance on a standard or overall has not significantly improved following a rating of needs


Improvement, or the Educator's performance is consistently below the requirements  of a standard or overall and is considered inadequate, or   both.


W)               Performance Standards: Locally developed standards and indicators pursuant to

M.G.L. c.71 38 and consistent with, and/or supplemental 603 CMR 35.00. The parties may  agree to  limit standards and indicators  to those set forth in 603CMR 35.03.


X)          Professional Teacher Status: PTS is the status granted to an Educator pursuant to

M.G.L. c.71, 41.


Y)          Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures.  The parties have negotiated the process for using state and district-determined measures to arrive at an Educator's rating of impact on student learning, growth and achievement (see Section 2 DD).


Z)                Rating of Overall Educator Performance: The Educator's  overall performance  rating is based on the Evaluator's professional judgment and examination of evidence of the Educator's performance against the four Performance Standards and the Educator's attainment of goals set forth in the Educator Plan, as follows:


i.                    Standard 1: Cuniculum, Planning and Assessment


ii.                  Standard 2: Teaching All Students


iii.                 Standard 3: Family and Community Engagement


iv.                 Standard 4: Professional Culture


v.         Attainment  of Professional  Practice Goal(s)


vi.          Attainment  of Student Learning Goal(s)



AA)        Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions. The summative evaluation includes the Evaluator's judgments of the Educator's performance against Performance Standards and the Educator's attainment of goals set forth in the educator's Plan.


BB)                    Superintendent: The person employed by the school committee pursuant to M.G.L. c 71, 59 and 59A. The Superintendent is responsible for the implementation of 603 CMR 35.00


CC)        Teacher: An Educator employed in a position requiring a certificate or license described in 603 CMR 7.04 (3) (a, b and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors or school nurses.


DD)        District Determined Measures, a.k.a., Locally Determined Measures as Determined by Trends in Student Learning: At least three years of data from district determined measures, and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low. For the purpose of this Agreement, District Determined Measures shall be defined and selected as set forth below:


i)                  District Determined Measures are defined as follows: Measures of student learning, growth, and achievement related to the Massachusetts Curriculum Frameworks and other relevant frameworks that are comparable across grades or subjects district-wide and show growth over time.


ii)                 For Classroom Teachers: These measures must include, in addition to MA State Mandated Assessment (or its equivalent) and ACCESS (which must be used as one measure in specified grades and courses in accordance with 603 CMR. 35):


a)      MA State Mandated Assessment Alternative Assessment may be included at the discretion of the teacher.

b)      A minimum of one additional DDM to measure the impact on student learning for all teachers at that grade level.

c)       Classroom teachers who DO NOT receive growth data from state assessments or its equivalent are required to select a minimum of two DDMs

to measure the impact on student learning of all teachers at that grade level or discipline district wide.


iii)               For Caseload Educators: These Educators will select two DDMs  annually  in each licensure area across  grade span. The measure  so selected for a licensure  area shall be used to measure the impact on student learning of all caseload educators assigned to work under that license. fcounselors, school psychologists, librarians, nurses, therapists, social workers) these could include:


a)   Attendance and tardiness rates

b)   Graduation and promotion rates

c)    Bullying  and harassment rates

d)  Frequency of parent/teacher/student interactions

e)   Media center access and usage data



f) Access to research-based alternative learning opportunities (online, college matriculation, virtual, etc.)

g)  Informing parents, teachers, students of resource availability

h)      Maximization of student use and resources

i)       Assessing and meeting needs of specific student populations

j)    Connections and relationships with outside agencies


iv)               District Determined Measures will be submitted annually to the Superintendent or his/her designee no later than October 1. District Determined Measures must include administration protocols and student growth criteria.



EE)        Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consist of:


i)             Standards: Describes broad categories of professional practice, including those required in 603 CMR 35.03.


ii)           Indicators: Describes aspects of each standard, including those required in 603 CMR. 35.03.


iii)               Elements: Defines the individual components under each indicator.


iv)               Descriptors: Describes practice at four levels of performance for each element.


FF)         Self-Assessment: includes (a) an analysis of evidence of student learning, growth and achievement for students under the Educator's responsibility. (b) An assessment of practice against each of the four Performance Standards of Effective Practice using the district's rubrics. (c) Proposed goals to pursue: (1st) At least one goal directly related to improving the Educator's own professional practice. (2nd) At least one goal directed related to improving student learning.


3)      Evidence Used in Evaluation: The following categories of evidence shall be used in evaluating each Educator:


A)                 Multiple measures of student learning, growth and achievement, which shall include:


i)                   Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;


ii)                At least two district-determined measures of student learning related to the Massachusetts Curriculum frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments, and capstone projects. One such measure shall be the MA State Mandated Assessment Student Growth Percentile (SGP) or ACCESS gain scores, if applicable, in which case at least two years of data is required.



iii)              Measures of student progress and/or achievement toward student learning goals between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.


iv)          For Educators  whose primary  role is not as a classroom teacher,  the  appropriate measures of the Educator's contribution to student learning, growth, and achievement set by the BEA shall be based on the Educator's role and responsibility.


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


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


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


iii)                Examination of Educator work products.


iv)               Examination  of student work  samples.


C)           Evidence relevant to one or more Performance Standards, including but not limited to:


i)                  Evidence compiled and presented by the Educator, including:


a)                 Evidence of fulfillment of professional responsibilities and growth, such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;


b)                 Evidence of active outreach to and engagement with families.


ii)                 Evidence of progress towards professional practice