Bourne

Show detailed information about district and contract

DistrictBourne
Shared Contract District
Org Code360000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersUpper Cape Cod RTSD
CountyBarnstable
ESE RegionSoutheast
Urban
Kind of Communityresort/retirement/artistic
Number of Schools4
Enrollment2372
Percent Low Income Students20
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Bourne

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

THE BOURNE SCHOOL COMMITTEE

("THE COMMITTEE")

AND

THE BOURNE EDUCATORS' ASSOCIATION

("THE ASSOCIATION")

THIS AGREEMENT TO BE EFFECTIVE AS OF

JULY 1, 2012

AND EXPIRE

JUNE 30, 2015

TABLE OF CONTENTS

 

ARTICLE

PAGE

I.

RECOGNITION

3

II.

DUES DEDUCTION

3

III.

SCHOOL COMMITTEE RIGHTS

4

IV.

OBSERVANCE OF DUTIES AND DISCIPLINE

4

V.

ASSOCIATION ACTIVITIES

5

VI.

GRIEVANCE PROCEDURE

6

VII.

ARBITRATION

7

VIII.

WAGES

8

IX.

TUITION REIMBURSEMENT

11

X.

HOURS

11

XI.

WORKING CONDITIONS

15

XII.

LEAVE OF ABSENCE AND ABSENCE

17

XIII.

SABBATICAL LEAVE

20

XIV.

VACANCIES AND PROMOTIONS

21

XV.

TRANSFERS

22

XVI.

GENERAL

23

XVII.

REDUCTION IN FORCE

27

XVIII.

DEFINITIONS

31

XIX.

DURATION OF AGREEMENT

32

XX.

SCOPE

33

 

APPENDIX A: SALARY SCHEDULES

34

 

Standard Salary Schedule

 

 

2012-2013

 

 

2013-2014

 

 

2014-2015

 

 

APPENDIX B: EXTRACURRICULAR SALARY SCHEDULE

36

 

APPENDIX C: SPECIAL SALARY DIFFERENTIALS

37

 

APPENDIX D: COACHING SALARIES

38

 

APPENDIX F: BOURNE MODEL EDUCATOR EVALUATION SYSTEM

39

PREAMBLE

This Agreement made and entered into this first day of July 2012 between the SCHOOL COMMITTEE of the TOWN OF BOURNE ("The Committee") and the BOURNE EDUCATORS' ASSOCIATION ("The Association").

WITNESSETH

ARTICLE I

RECOGNITION

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.

ARTICLE II

DUES DEDUCTIONS

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.

ARTICLE III

SCHOOL COMMITTEE RIGHTS

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.

ARTICLE IV

OBSERVANCE OF DUTIES AND DISCIPLINE

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.

The Committee will provide fifteen (15) days' notice of dismissal to teachers without professional status and thirty (30) days' notice of dismissal to teachers with professional status, to the extent required by law.

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. If there 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.

ARTICLE V

ASSOCIATION ACTIVITIES

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 Association leadership members may use non-academic time during the school day for the purpose of labor relations matters to the extent that such use does not interfere with the school day.

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 five (5) days of leave of absence, without loss of pay or benefits, for five (5) of its members to attend the MTA Annual Meeting of Delegates.

ARTICLE VI

GRIEVANCE PROCEDURE

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.

Section 6. The steps 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.

Step One. If the matter has not been settled to the teacher's satisfaction by informal discussion as proved in paragraph 5 of this Article, the statement of the grievance shall be clearly set forth in writing and he/she shall within five (5) days, together with a representative of the Association, discuss the matter as set forth in writing with the "appropriate immediate superior", who shall within five (5) days provide his/her written answer to the grievance.

Step One of the formal grievance procedure must be initiated by the aggrieved party within twenty (20) 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.

Step 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 Step One, together with the answer of the appropriate immediate superior, shall be referred to the Superintendent of Schools within five (5) days of the date of the answer in the preceding step.

(b) Within ten (10) 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 five (5) days after the date of the meeting.

Step Three. If the grievance has not been settled at Step Two, the grievance as originally presented, and with answers in the preceding steps, shall be referred to the School Committee within ten (10) days of the answer in the preceding step. 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 ten (10) days after the meeting in this step.

If the grievance qualifies under the provisions of this Agreement and is not settled in this Step 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 only days on which school is in session.

Section 8. If, because of the complexity of an answer or decision, more 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 Step 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 step of the procedure under which the grievance is processed.

Section II. 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.

ARTICLE VII

ARBITRATION

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 hard 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.

ARTICLE VIII

WAGES

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 184 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                            $15.00

Mental health visit                 $15.00

Emergency room visit            $ 100.00

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 tins 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 1st 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 1st working 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, shall be deemed to have continuous service for purposes of this section.

a. 2012-2013:

i.   10 continuous years of service in the Bourne Public Schools - $250.00

ii.   15 continuous years of service in the Bourne Public Schools - $300.00

iii.   20 continuous years of service in the Bourne Public Schools - $500.00

iv.   25 continuous years of service in the Bourne Public Schools - $750.00

v.   30 continuous years of service in the Bourne Public Schools - $1000.00

b. 2013-2014:

i.   10 continuous years of service in the Bourne Public Schools - $450.00

ii.   15 continuous years of service in the Bourne Public Schools - $600.00

iii.   20 continuous years of service in the Bourne Public Schools - $750.00

iv.   25 continuous years of service in the Bourne Public Schools - $1000.00

v.   30 continuous years of service in the Bourne Public Schools - $1500.00

c. 2014-2015

i.   10 continuous years of service in the Bourne Public Schools - $500.00

ii.   15 continuous years of service in the Bourne Public Schools - $750.00

iii.   20 continuous years of service in the Bourne Public Schools - $1000.00

iv.   25 continuous years of service in the Bourne Public Schools - $1250.00

v.   30 continuous years of service in the Bourne Public Schools - $1500.00

ARTICLE IX

TUITION REIMBURSEMENT

Section 1. In each academic year of this Agreement (July 1st through June 30th) the Committee will reimburse full-time regular bargaining unit members up to $1,250 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 Superintendent. For the purposes of this Article, the Committee shall budget $70,000 for the 2012-2013 school year; $75,000 for the 2013-2014 school year; and $80,000 for the 2014-2015 school year. Bargaining unit members shall be reimbursed pursuant to this article within 30 calendar days of submission of the necessary forms. 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 gross amount budgeted as set forth above.

ARTICLE X

HOURS

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 2012-2013, 2013-2014, and 2014-2015 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 1st hour be divided equally between the Superintendent of Schools and the Association President for the purpose of delivering opening remarks to professional staff; 2 hours to be used for professional development as designed by the joint evaluation subcommittee; 1.5 hours to be used by Building Principals; and 1.5 hours available for teachers for use in organizing classrooms.

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

NOTE: The compensatory day requirement for the year will be deemed satisfied on the 1st workday. The 2nd, 3rd and 4th days of mid - term examinations at the High School shall be early release days for students.

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 35 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 foil school days.

(f)  The Committee agrees to two (2) additional early release days during the school year at the elementary 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.

(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 Learning 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 forth 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.

(b) All system-wide meetings; such meetings not to be called more than once each month, except for an unusual circumstance.

(c) No more than four evening meetings of supervising per school year connected with school programs, one of which shall be Open House.

(d) Teacher 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 and such attendance shall be counted as one of the four required evening meetings.

(e) 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.

Section 4. Guidance Counselors

High School guidance counselors will be required to work nine (9) evenings per school year, one (1) of which may be graduation, and one (1) day in addition to the work year generally required of all teachers as it relates to guidance issues. This additional day shall be compensated in the form of a compensatory day which must be taken during an in-service day. The provisions of Sections 3(c) and (d) above shall not apply to guidance counselors.

Middle School guidance counselors will be required to work four (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 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 184 days which shall be comprised of 180 instructional days, the day before the first day for students and three (3) 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. Upon attendance at the first work day, each bargaining unit member shall be entitled to a Compensatory Day which he/she may take at any time prior to earning the next compensatory day under the following conditions:

i. The work year for members of this bargaining unit shall be 184 days which shall be comprised of 180 instructional days, the day before the first day for students and three (3) non-instructional, teacher professional development days. During School years 2012-2013, 2013-2014, and 2014-2015 upon request of the joint evaluation committee, one (1) of said three (3) days will be scheduled as two (2) one-half (l/2)day sessions each occurring prior to November 1st, and used for such professional development related to evaluation as the joint evaluation committee shall determine appropriate. The professional development days shall be scheduled by the Superintendent in consultation with the BEA President and Vice-President. Professional development days shall be published in the school calendar approved by the School Committee.

ii.      Compensatory Days cannot be used until earned and are not cumulative.

iii.     No more than ten percent (10%) of the bargaining unit members in any building may take the same Compensatory Day; and

iv.      Compensatory Days shall be granted on a first come, first served basis with mutual agreement between the bargaining unit members and the building principal.

v.      Compensatory days may not be taken on another regularly scheduled professional day.

Section 6. Nurses shall not be required to perform "Home Visits" and shall participate in CORE and Chile Study meetings at special request.

ARTICLE XI

WORKING CONDITIONS

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 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. 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.

(c) 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.

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

(d)  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.

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:         Grades 1-8      40 classroom teachers per 1000 students

Secondary:           Grades 9-12    60 classroom teachers per 1000 students

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 and all 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.

ARTICLE XII

LEAVE OF ABSENCE AND ABSENCE

Section 1. Sick Leave

All bargaining unit members shall be eligible for fifteen (15) days of sick leave annually winch 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 lure, 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 tire 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 fifteen (15) 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. Requests for a personal day shall require the completion and submission of the Personal Day Request Form which is attached hereto and made a part hereof this Agreement as Appendix D. The Superintendent agrees to respect the confidentiality of any said request.

Written notice of intention to take such leave will be filled with the Superintendent not less than one week in advance in order to assure adequate coverage. Where one week advanced notice is either a hardship or impossibility, or where a personal day is required under emergency conditions, notice to the Superintendent will be given as soon as possible. Teachers may take one personal day each year without stating any reason beyond the fact that they are requesting the day pursuant to this paragraph.

Personal leave shall not be unreasonably denied. It is agreed that personal leave shall not be granted for extending vacation weeks or holiday weekends. If a personal day is requested on one of the days referred to in the previous sentence, which meets the criteria set forth in paragraph one above, the teacher shall be required to state specifically the reason for the request.

Section 4. Unauthorized Absence

Unauthorized absence or absence without leave shall be without pay. Loss of pay shall be calculated at one-one hundred and eighty-four (184) of the teacher's annual salary for each day of unauthorized absence or absence without 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 satisfactory 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 in 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.

ARTICLE XIII

SABBATICAL LEAVE

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. 41 A, 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.

ARTICLE XIV

VACANCIES AND PROMOTIONS

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 informed by his/her as to the status of any such vacancies.

ARTICLE XV

TRANSFERS

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 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.

ARTICLE XVI

GENERAL

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 semi-annual 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 Ins/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 less than 50 minutes will be paid $20.00. Teachers who volunteer to teach a class period 50 minutes or greater will be compensated $30.00.

(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 state 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.

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 $2,500.00.

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 checks will be requested only by the Superintendent, the Superintendent's Administrative Assistant, or Assistant Superintendent in the absence of the Superintendent. After review by the Superintendent, or the Assistant Superintendent in the absence of the Superintendent, a meeting may be required with the employee who may be represented by the Association. Subsequent to said meeting, if the information is determined to be accurate, the principal may be informed. If further action should be required, the provisions of the collective bargaining agreement and Mass. General Laws shall be applied.

CORI Reports: The employee shall be made aware that CORI reports are requested; they shall be made aware that they may have a copy of their report; and, copies of all CORI reports shall be kept for three years in a separate, secure file maintained in the Superintendent's Office, Upon termination of employment, an employee may request in writing that she/he be given their report.

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+ - *$2,500

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.

If this option is elected, bargaining unit members are not eligible for benefits listed under Article VIII, Section 8, paragraph two.

Section 16. Teacher 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. If shorts are worn, they should be 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. 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.

ARTICLE XVII

REDUCTION IN FORCE

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

(f) (1) If the 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 of layoff 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. If not 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 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% (l/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. If the 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 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 fmalization 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 Association 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.

ARTICLE XVIII

DEFINITIONS

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.

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 in this 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.

ARTICLE XIX

DURATION OF AGREEMENT

Section 1, This agreement shall be effective as of July 1, 2012, and shall remain in effect until June 30} 2015. This Agreement shall automatically renew itself from year to year unless and until either party gives notice to the other party by October 15,2014, 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:

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.

ARTICLE XX SCOPE

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

Teachers' Salary Schedule

2012-2015

 

 

Bachelors

 

 

 

2%

2%

 

Composite

 

 

 

1%/1% day 1-92/93-184

 

Step

2012-2013

2013-2014

2014-2015

2014-2015

1

43,395

44,263

44,706/45,152

44,929

2

46,268

47,193

47,665/48,142

47,904

3

48,215

49,179

49,671/50,168

49,919

4

50,481

51,491

52,006/52,525

52,266

5

52,737

53,792

54,330/54,873

54,601

6

54,993

56,093

56,654/57,220

56,937

7

57,108

58,250

58,833/59,421

59,127

8

59,671

60,864

61,473/62,088

61,780

9

62,232

63,477

64,111/64,753

64,432

10

65,545

66,856

67,524/68,200

67,862

11

69,978

71,378

72,091/72,812

72,452

 

 

 

Bachelors

 

 

 

 

+15

 

 

 

2%

2%

 

Composite

 

 

 

1%/1% day 1-92/93-184

 

Step

2012-2013

2013-2014

2014-2015

2014-2015

1

45,051

45,952

46,412/46,876

46,644

2

48,060

49,021

49,511/50,006

49,759

3

50,034

51,035

51,545/52,061

51,803

4

52,291

53,337

53,870/54,409

54,140

5

54,392

55,480

56,035/56,595

56,315

6

56,655

57,788

58,366/58,950

58,658

7

58,915

60,093

60,694/61,301

60,997

8

61,471

62,700

63,327/63,960

63,644

9

64,034

65,315

65,968/66,628

66,298

10

67,193

68,537

69,222/69,915

69,568

11

71,886

73,324

74,057/74,798

74,428

 

 

 

Masters

 

 

 

2%

2%

1%/1%

Composite

 

 

 

day 1-92/93-184

 

Step

2012-2013

2013-2014

2014-2015

2014-2015

1

45,950

46,869

47,338/47,811

47,574

2

49,877

50,875

51,384/51,898

51,641

3

51,683

52,717

53,244/53,777

53,510

4

53,936

55,015

55,565/56,121

55,843

5

56,200

57,324

57,897/58,476

58,187

6

58,464

59,633

60,229/60,832

60,530

7

60,718

61,932

62,551/63,177

62,864

8

63,287

64,553

65,199/65,851

65,525

9

65,847

67,164

67,836/68,514

68,175

10

69,004

70,384

71,088/71,799

71,443

11

74,215

75,699

76,456/77,221

76,838

 

 

 

Masters

 

 

 

 

+15

 

 

 

2%

2%

1%/1%

Composite

 

 

 

day 1-92/93-184

 

Step

2012-2013

2013-2814

2014-2015

2014-2015

1

47,842

48,799

49,287/49,780

49,533

2

50,780

51,796

52,314/52,837

52,576

3

52,668

53,721

54,258/54,801

54,530

4

54,923

56,021

56,581/57,147

56,864

5

57,177

58,321

58,904/59,493

59,199

6

59,444

60,633

61,239/61,852

61,546

7

61,696

62,930

63,559/64,195

63,877

8

64,185

65,469

66,124/66,785

66,454

9

66,749

68,084

68,765/69,452

69,109

10

70,038

71,439

72,153/72,875

72,514

11

75,747

77,262

78,035/78,815

78,425

 

 

 

Masters

 

 

 

 

+30

 

 

 

2%

2%

1%/1%

Composite

 

 

 

day 1-92/93-184

 

Step

2012-2013

2013-2014

2014-2015

2014-2015

1

48,823

49,799

50,297/50,800

50,548

2

51,683

52,717

53,244/53,777

53,510

3

53,645

54,718

55,265/55,818

55,542

4

55,897

57,015

57,585/58,161

57,873

5

58,170

59,333

59,926/60,526

60,226

6

60,423

61,631

62,247/62,870

62,559

7

62,679

63,933

64,572/65,218

64,895

8

65,092

66,394

67,058/67,729

67,393

9

67,646

68,999

69,689/70,386

70,037

10

71,084

72,506

73,231/73,963

73,597

11

78,285

79,851

80,650/81,456

81,053

 

 

 

CAGS

 

 

 

2%

2%

1%/1%

Composite

 

 

 

day 1-92/93-184

 

Step

2012-2013

2013-2014

2014-2015

2014-2015

1

50,034

51,035

51,545/52,061

51,803

2

53,040

54,101

54,642/55,188

54,915

3

54,994

56,094

56,655/57,221

56,938

4

57,109

58,251

58,834/59,422

59,128

5

59,366

60,553

61,159/61,770

61,464

6

61,616

62,848

63,476/64,111

63,794

7

63,883

65,160

65,812/66,470

66,141

8

66,443

67,772

68,450/69,134

68,792

9

69,005

70,385

71,089/71,800

71,444

10

72,186

73,630

74,366/75,110

74,738

11

80,301

81,907

82,726/83,553

83,140

For the 2012-2013 year: The salary schedule in effect on June 30, 2012, shall be increased by two percent (2%) across the board.

For the 2013-2014 year: The salary schedule in effect on June 30, 2013, shall be increased by two percent (2%) across the board.

For the 2014-2015 year: The salary schedule in effect on June 30, 2014, shall be increased by one percent (1%) across the board on July 1, 2014; additionally, the salary schedule in effect on July 1, 2014, shall be increased by an additional one percent (1%) across the board on the ninety-third (93rd) day of said school year.

Appendix B. Extra Curricular Activities

The following stipends will be paid to teachers who accept the assignments to supervise the following activities, namely:

 

2012-2013

2013-2014

2014-2015

 

2%

2%

1%/1%

Advisor/Advisee

1,567

1,598

1614/1630

Art Club

658

671

678/684

Art Studio Advisor

1,958

1,997

2017/2037

Audiovisual Coordinators

576

588

594/600

BLAST

632

645

651/658

BMS Memory Book/Yearbook

1,153

1,176

1188/1200

BMS Energy Savers

658

671

678/684

BMS Art Club

658

671

678/684

BMS Best Buddies

658

671

678/684

BMS Jazz Band

658

671

678/684

BMS Destination Imagination

658

671

678/684

Class Advisors

 

 

 

Senior Class Advisor

1,153

1,176

1188/1200

Senior Class Advisory Assistant

576

588

594/600

Junior Class Advisor

986

1,006

1016/1026

Junior Class Advisory Assistant

495

505

510/515

Sophomore Class Advisor

658

671

678/684

Sophomore Class Advisory Assistant

330

337

340/344

Freshman Class Advisor

65,8

671

678/684

Freshman Class Advisory Assistant

330

337

340/344

Color Guard Instructor

1,397

1,425

1439/1454

Community Service Advisor

658

671

678/684

Debating Club

658

671

678/684

Department Heads - plus $26.65 per course of classroom instruction by teachers in their department

2,147

2,190

2212/2234

Diversity Group

651

664

671/677

Drama Club Advisor

1,234

1,259

1272/1284

Gay/Straight Alliance

651

664

671/677

High School Peer Mediation

658

671

678/684

Language Club (2)

1,316

1,342

1355/1369

Majorettes Advisor

1,111

1,133

1144/1156

Math Club

658

671

678/684

MCAS Summer School

2,610

2,662

2689/2716

Middle School Peer Mediation

658

671

678/684

Middle School Student Council Advisor

658

671

678/684

National Honor Society (High School) two co-advisors

1,596

1,628

1644/1661

National Junior Honor Society

632

645

651/658

Nye Grant Club Advisor

522

532

537/543

Renaissance Club Advisor

720

734

741/749

SADD Advisor

658

671

678/684

SAT Course

979

999

1009/1019

Science Club

658

671

678/684

Senior Class Play Advisor

3,897

3,975

4015/4055

Student Government Advisor

1,142

1,165

1177/1188

Supervision of Detention - per hour

17.26

17.61

17.79/17.96

Supervision of Intramural Athletics and after school recreation - per hour

17.26

17.61

17.79/17.96

 

Teacher Mentor Coordinators

979

999

1009/1019

 

Teacher Mentors

651

664

671/677

 

Team Leaders

575

587

593/599

 

Wings Literacy Publisher

1,043

1,064

1075/1085

 

Yearbook Advisor

3,897

3,975

4013/4055

 

Others to be approved

522

532

537/543

 

Building Based Teacher Leadership Team Member

1,000

1,000

1,000

 

BBTLT Facilitator

2,000

2,000

2,000

 

Curriculum Development Team Member

1,000

1,000

1,000

 

CD Team Facilitator

2,000

2,000

2,000

 

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 Salary Differentials

Personnel, in the positions specified below shall receive, in addition to the compensation otherwise provided under this Agreement, a salary differential as specified below:

 

2012-2013

2013-2014

2014-2015

 

2%

2%

1%/1%

Band Director

3,689

3,763

3801/3839

Music Director

5,720

5,835

5893/5952

Art Director

5,720

5,835

5893/5952

Title I Director (monies from Title 1 funds)

5,720

5,835

5893/5952

Head Nurse

2,850

2,907

2936/2965

Fine Arts Director

7,867

8,025

8105/8186

Athletic Director

11,789

12,025

12145/12267

Health and Wellness Director

7,867

8,025

8105/8186

Appendix D - Coaches' Salaries

BOURNE PUBLIC SCHOOLS ATHLETIC SALARY SCHEDULE

2012-2015

 

Category

 

Step One

 

 

 

2%

2%

1%/1%

 

 

12-13

1344

14-15

A.

Head

7,611

7,763

7841/7919

 

Assistant

5,327

5,434

5488/5543

B.

Head

5,749

5,864

5923/5982

 

Assistant

3,951

4,031

4071/4112

C.

Head

4,438

4,527

4572/4618

 

Assistant

2,827

2,884

2913/2942

D.

Head

3,706

3,780

3818/3856

 

Assistant

2,451

2,500

2525/2550

E.

Head

2,108

2,151

2173/2194

 

Assistant

1,472

1,501

1516/1531

F.

Head

2,033

2,074

2095/2116

 

Assistant

1,384

1,412

1426/1440

 

 

 

Step Two

 

 

2%

2%

1%/1%

 

12-13

13-14

14-15

Head   .

8,034

8,194

8276/8359

Assistant

5,625

5,738

5795/5853

Head

6,069

6,190    .

6252/6314

Assistant

4,170

4,253

4296/4338

Head

4,685

4,779

4827/4875

Assistant

2,987   '

3,046

3076/3107

Head

3,912

3,990

4030/4070

Assistant

2,589

2,641

2667/2694

Head

2,226

2,270

2293/2316

Assistant

1,556

1,587

1603/1619

Head

2,147

2,190

2212/2234

Assistant

1,461

1,490

1505/1520

 

 

 

Step Three

 

 

2%

2%

1%/1%

 

12-13

13-14

14-15

Head

8,457

8,626

8712/8799

Assistant

5,818

5,934

5993/6053

Head

6,388

6,516

6581/6647

Assistant

4,390

4,478

4523/4568

Head

4,931

5,029

5079/5130

Assistant

3,142

3,204

3236/3268

Head

4,118

4,200

4242/4284

Assistant

2,820

2,877

2906/2935

Head

2,342

2,389

2413/2437

Assistant

1,637

1,670

1687/1704

Head

2,259

2,304

2327/2350

Assistant

1,537

1,568

1584/1600

Category A. Football Coachers

Category B. Basketball and Ice Hockey Coaches

Category C. Baseball, Field Hockey, Lacrosse, Soccer, Softball, Track, and Volleyball Coaches

Category D. Cross Country, Golf and Tennis Coaches

Category E, Cheerleading Coaches

Category F. Middle School Sport Coaches

Note: Placement on the salary schedule will be at the discretion of the Superintendent.

BOURNE MODEL EDUCATOR EVALUATION SYSTEM

1)        Purpose of Educator evaluation

A)         This contract language is locally negotiated and based on M.GX.c.71, 38;M.GX. 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);

ii).        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 of Instructional 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 is it 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 terra 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)(l).

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. In the 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 supervisory 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.

i)         Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation and, in collaboration with the Supervising Evaluator, development of the Educator Plan.

ii)        Supervising 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 Supervising 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 Supervising Evaluator, if any, at the outset of each new evaluation cycle. The Evaluator(s) may be changed upon notification in writing to the Educator.

L)        Evaluation Cycle: A five component process that all Educators follow consisting of (I) 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 primary caregivers.

O) 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 in feedback to the Educator using agreed-upon verbal or written protocols. If the 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.

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: Curriculum, 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, 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 MCAS and ACCESS (which must be used as one measure in specified grades and courses in accordance with 603 CMR 35):

a)   MCAS Alternative Assessment

b)   GMADE, GRADE, DIBELS, and SRI

c)   Common assessments based on curriculum maps and common rubrics: pre­tests, post tests, unit assessments, performance assessments including expository writing and public presentations.

iii)        For Caseload Educators (counselors, 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 must be selected from the above-listed measures in the following manner.

a)   For teachers of students in grade 4, the BEA will select one such measure in addition to MCAS to be used in the 2013-2014 school year at each grade level. The measure so selected for a grade level shall be used to measure the impact on student learning of all teachers at that grade level in grade 4 on a district wide basis. For teachers of students in Pre-K through grade 3, the BEA will select two such measures to be used in the 2013-2014 school year at each grade level. The measure so selected for a grade level shall be used to measure the impact on student learning of all teachers teaching at that grade level Pre-K through grade 3. Notice of selected measures for each grade level shall be given to the Superintendent or his/her designee not later than September 15, 2013. In school year 2014-2015, the BEA will select one additional measure to be used in addition to those used in school year 2013-2014, and give notice of said measure to the Superintendent or his/her designee not later than September 15, 2014.

b)   For ELA and Mathematics teachers of students in grades 5 through 8 and 10, the BEA will select one such measure in addition to MCAS to be used in the 2013-2014 school year in each subject area. The measure so selected for a subject area shall be used to measure the impact on student learning of all teachers teaching that subject area in grades 5 through 8 and grade 10 on a district wide basis. For all other teachers of students in grades 5 through 12, the BEA will select two such measures to be used in the 2013-2014 school year in each subject area across grade levels district wide. The measures so selected for a subject area shall be used to measure impact on student learning of all teachers in grades 5 through 12 who do not teach mathematics or ELA. Notice of selected measures for each subject area shall be given to the Superintendent or his/her designee not later than September 15, 2013. In the school year 2014-2015, the BEA will select one additional measure to the Superintendent or his designee not later than September 15, 2014.

c)   For Caseload Educators, the BEA will select two such measures to be used in the 2013-2014 school year in each licensure area. The measures 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 one district wide basis. Notice of selected measure for each such licensure area shall be given to the Superintendent or his/her designee not later than September 15, 2013. In the school year 2014-2015, the BEA will select one additional measure to be used in addition to those used in school year 2013-2014, and given notice of said measure to the Superintendent or his/her designee not later than September 15, 2014. ELL teachers must use ACCESS assessment as one measure of student learning.

v)         In the event that the BEA is unable to select District Determined Measure(s) for any grade, subject area, and or licensure area by September 15 of any school year, the Superintendent shall make the selection(s) not later than the following September 25. The failure of the BEA to make a selections) for any grade, subject area, and or licensure area will not invalidate any other selection(s), which were made by the BEA and submitted to the Superintendent in a timely manner.

vi)        The Provisions (DD) shall cease to have any force and effect and shall expire on August 31, 2015 unless the parties agree in writing to its extension. Said written agreement may be made as part of the negotiations of the collective bargaining agreement or if the parties so agree, through a separate negotiation.

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 MCAS 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 goal(s).

iii)        Evidence of progress toward student learning outcomes goal(s).

iv)        Any other relevant evidence from any source that the Evaluator shares with the Educator.

4)        Evaluation Cycle: Training

A)       Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, Principals, and other Evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the Superintendent shall determine the type and quality of training based on guidance provided by DESE.

B)        By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal setting satisfactory to the Superintendent or Principal. Any Educator hired after the November 1st date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal setting within three months of the date of hire. The district through the Superintendent shall determine the type and quality of the learning activity based on guidance provided by DESE. The Superintendent will work with the Association to determine the most effective means of providing this training.

5)         Evaluation Cycle: Annual Orientation:

A)        At the start of each school year, the Superintendent, Principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The Superintendent, Principal, or designee shall:

i)         Provide an overview of the evaluation process, including goal setting and the educator plan.

ii)        Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii)        The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year, provided that an announcement is made at the beginning of the meeting that it is being recorded and no one objects.

6)         Evaluation Cycle: Self-Assessment

A)          Completing the Assessment:

i)   The evaluation cycle begins with the Educator completing and submitting to the Primary and/or Supervisory Evaluator a self-assessment by October 1st or within four weeks of the start of their employment at the school.

ii)   The 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.

B)         Proposing the goals

i)         Educators must consider goals for grade-level, subject area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings.

ii)        For Educators in their first year of practice, the Evaluator or his/her designee will meet with the Educator by October 1st (or within four weeks of the Educator's first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

iii)        Unless the Evaluator indicates that an Educator in his/her second or third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals.

iv)        For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)        For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals.

7)        Evaluation Cycle: Goal Setting and Development of the Educator Plan

A)         Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice and one goal related to the improvement of student learning. The plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress. Goals may be developed by individual Educators, collaboratively with the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities. However* the Evaluator retains final authority over goals to be included in an Educator Plan. See Section 15-19 for more on Educator Plans.

B)         To determine the goals to be included in the educator Plan, the Evaluator reviews the goals the Educator has proposed in the self-assessment, using the goals the Educator has proposed in the self-assessment using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Evaluator shares with the Educator. The process for determining the Educator's impact on student learning, growth and achievement will be determined after the ESE issues guidance on this matter (see #20 below).

C)         Educator Plan Development meetings shall be conducted as follows:

i)         Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

ii)        For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six weeks of the start of their assignment in the school.

iii)        The Evaluator shall meet individually with the Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvements. In addition, the goals may address shared grade level or subject matter goals.

D)        The Evaluator completes the Educator Plan by November 1st. The Educator shall sign the Educator Plan within five (5) school days of its receipt and may include a written response. The Educator's signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator's Plan.

8)         Evaluation Cycle: Observation of Practice and examination of Artifacts-Educators without PTS

A)         In the first year of practice or first year assigned to a school:

i)         The Educator shall have at least one (1) announced observation during the school year using the protocol described in Section 1 IB below.

ii)        The Educator shall have at least two (2) unannounced observations during the school year.

B)          In their second years of practice or second and third years as a non-PTS Educator in the school:

i)         The Educator shall have at least two (2) unannounced observations during the school year.

9)         Evaluation Cycle: Observation of Practice and examination of Artifacts-Educators with PTS

A)        The Educator whose overall rating is proficient or exemplary must have at least one (1) unannounced observation during the evaluation cycle.

B)         The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two (2) . unannounced observations.

C)       The Educator whose overall rating is unsatisfactory must be observed according to the Improvement Plan, which must include both unannounced and announced observation. The Evaluator shall determine the number and frequency of the observation, but in no case, for improvement plans of one year, shall there be less than one announced and four unannounced observations. For Improvement Plans of six months or fewer, there must be no less than one announced and two unannounced observations.

10)       Observations: The Evaluator's first observation of the Educator should take place by November 15th. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date. The Evaluator is not required nor expected to review all indicators in a rubric during an observation.

A.        Unannounced Observations:

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

ii)         The Educator will be provided with at least brief written feedback from the Evaluator within 5-7 school days of the observation. The written feedback shall be delivered to the Educator in person or placed in the Educator's mailbox.

iii)        Any observation resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one observation of at least 30 minutes in duration within 30 school days.

B)        Announced Observations

i)         All non-PTS Educators in their first year in the school, PTS Educators on Improvement Plans and other Educators at the discretion of the evaluator shall have at least one announced observation:

a)         The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation.

b)         Within 5 school days of the scheduled observation, in lieu of a meeting, the Educator may inform the Evaluator in writing of the nature of the lesson, the student population served, and any other information that will assist the Evaluator to assess performance.

(1st)     The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

(2nd)    The Educator will be notified as soon as possible if the Evaluator will not be able to attend the scheduled observation. The observation will be rescheduled with the Educator as soon as reasonably practical.

c)           Within five (5) school days of observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours, if possible.

d)         The Evaluator shall provide the Educator with written feedback within five (5) school days of the post-observation conference. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the feedback must;

(1st)    Describe the basis of the Evaluator's judgment.

(2nd)    Describe actions the Educator should take to improve his/her performance.

(3rd)    Identify support and/or resources the Educator may use in his/her improvement.

(4th)     State that the Educator is responsible for addressing the need for improvement.

11)       Evaluation Cycle: Formative Assessment

A)         A specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make frequent unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to Standards and Indicators of Effective Teaching Practice.

B)         Formative assessment may be ongoing throughout the evaluation cycle but typically take place mid-cycle when the Formative Assessment Report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one. (See section 13 below).

C)         The Fonnative Assessment report provides written feedback to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both.

D)         No less than two weeks before the due date for the Formative Assessment report, which due date shall be established by the Evaluator with written notice to the Educator, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The Educator may provide to the evaluator additional evidence of the educator's performances against the four Performance Standards.

E)         Upon request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Fonnative Assessment Report. The Evaluator and the Non-PTS Educator will meet either before and/or after completion of the Fonnative Assessment Report.

F)         The Evaluator shall complete the Formative Assessment Report and provide a copy to the Educator. All Formative Assessment Reports must be signed by the Evaluator and delivered face to face or to the Educator's school mailbox school days of receiving the report.

H)        The Educator shall sign the Formative Assessment report by within five (5) school days of receiving the report. The signature indicates that the Educator received the Formative Assessment Report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)         As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan.

J)        If the rating in this report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

12)       Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

A)         Educators on two year Self-Directed Plans receive a Formative Evaluation Report no later than June 10th (June 10th in 2012-1013; dates may be adjusted in the following year) of the first year of the two year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

B)         The Formative Evaluation Report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)         No less than two weeks before the due date for the Formative Evaluation Report, which due date shall be collaboratively agreed upon by the Educator and the Evaluator, the Educator shall provide the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The Educator may also provide to the Evaluator additional evidence of the Educator's performance against the four Performance Standards.

D)         The Evaluator shall complete the Formative Evaluation Report and provide a copy to the Educator. All Formative Evaluation Reports must be signed by the Evaluator and delivered face to face.

E)         Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before and/or after completion of the Formative Evaluation Report.

F)         The Educator may reply in writing to the Formative Evaluation Report within seven (7) school days of receiving the report. The Educator's reply shall be attached to the report.

G)        The Educator shall sign the Formative Evaluation Report within seven (7) school days of receiving the report. The signature indicates that the Educator received the report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

H)        As a result of the Formative Evaluation Report, the Evaluator may change the activities in the Educator Plan.

J)        If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

13)       Evaluation Cycle: Summative Evaluation;

A)         The evaluation cycle concludes with a Summative Evaluation Report. For Educators on a one to two years Educator Plan, the Summative Report must be written and provided to the Educator by May 15th.

B)         The Evaluator determines a rating on each standard and an overall rating based on the Evaluator's professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals.

C)         The professional judgment of the Primary Evaluator shall determine the overall summative rating that the Educator receives.

D)         For an Educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the Evaluator's supervisor shall discuss and review the rating with the Evaluator and the supervisor shall confirm or revise the Educator's rating.

E)         The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)         To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards.

G)        No less than four weeks before the due date for the Summative Evaluation Report, which due date shall be established by the Evaluator with written notice provided to the Educator, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The Educator may also provide to the Evaluator additional evidence of the Educator's performance against the four Performance Standards.

H)        The Summative Evaluation Report should recognize areas of strength as well as identify recommendations for professional growth.

I)         The Evaluator shall deliver a signed copy of the Summative Evaluation Report to the Educator face-to-face or to the Educator's school mailbox no later than May 15th.

J)        The Evaluator shall meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such meeting. The meeting shall occur by June 10th.

K)        Upon mutual agreement, the Educator and the Evaluator may develop the Self Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

L)        The Educator shall sign the final Summative Evaluation Report by June 15th. The signature indicates that the Educator received the Summative Evaluation Report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

M)       The Educator shall have the right to respond in writing to the summative evaluation, which shall become part of the final Summative Evaluation Report.

N)        A copy of the signed final Summative Evaluation Report shall be filed in the Educator's personnel file.

14)       Educator Plans: General

A)         Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership, and to ensure Educator effectiveness and overall system accountability-The plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)         The Educator Plan shall include:

i)   At least one goal related to improvement of practice tied to one or more Performance Standards.

ii)   At least one goal for improvement of learning, growth and achievement of the students under the Educator's responsibility.

iii)   An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

C)         It is the Educator's responsibility to attain the goals in the plan and to participate in any trainings and professional development provided through the state, district or other providers in accordance with the Educator Plan.

15)        Educator Plans: Developing Educator Plan

A)         The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments.

B)         The Educator shall be evaluated at least annually.

16)       Educator Plans: Self-Directed Growth Plan

A)         A Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014, and whose impact on student learning is moderate or high. A Formative Evaluation Report is completed at the end of year 1 and a Summative Evaluation Report at the end of year 2.

B)         A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014, and whose impact on student learning is low. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

17)        Educator Plans: Directed Growth Plan

A)         A Directed Growth Plan is for those Educators with PTS whose overall rating is needs improvement.

B)         The goals in the plan must address areas identified as needing improvement as determined by the Evaluator.

C)         The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the plan, but at least annually, and in no case later than June 10th.

D)         For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next evaluation cycle.

E)         For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next evaluation cycle.

18)        Educator Plans: Improvement Plan

A)         An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)         The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan for a realistic time period sufficient to achieve the goals outlined in the Improvement Plan, but no fewer than 30 school days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

C)         The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the plan.

D)         An Educator on an Improvement Plan shall be assigned an Evaluator who is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan. The Primary Evaluator may be the Supervising Evaluator.

E)         The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)         The Improvement Plan process shall include:

i)   Within ten (10) school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan. The Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator.

ii)   The Educator may request that a representative of the Bourne Educator's Association attend the meeting(s). Upon the Educator's request, a representative of the Association shall attend the meeting.

iii)   If the Educator consents, the Employee Organization/ Association will be informed that an Educator has been placed on an Improvement Plan.

G)       The Improvement Plan shall:

i)   Define the improvement goals directly related to the performance standard(s), indicators), element(s) and/or student learning outcomes that must be improved;

ii)   Describe the activities and work products the Educator must complete as a means of improving performance;

iii)   Describe the assistance that the district will make available to the Educator;

iv)    Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)   Detail the timeline for completion of each component of the plan, including at a minimum a mid-cycle Formative Assessment Report of the relevant standard(s) and indicator(s);

vi)    Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and

vii)    Include the signatures of the Educator and Supervising Evaluator.

H)        A copy of the signed plan shall be provided to the Educator. The Educator's signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)         Decision on the Educator's status at the conclusion of the Improvement Plan;

i)          All determinations below must be made no later than June 1. One of three decisions must be made at the conclusion of the Improvement Plan.

a)         If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a Self-Directed Growth Plan.

b)         In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

c)          In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress and towards proficiency, and remains at an unsatisfactory level, the Evaluator shall recommend to the Superintendent that the Educator be dismissed.

J)        If the Evaluator determines that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the Superintendent that the Educator be dismissed.

19)       Career Advancement:

A)         In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the Superintendent by May 1. The principal's decision is subject to review and approval by the Superintendent.

B)         In order to apply for a teacher leader position, the Educator must have had a Summative Evaluation performance rating of proficient or exemplary for at least the previous two years.

C)         Educators with PTS whose summative performance rating is exemplary and, after 2013-2014 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, additional compensation, public commendation or other acknowledgment as determined through the collective bargaining where applicable.

20)       Rating Impact on Student Learning Growth will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning by July 15, 2012.

21)        Using Student Feedback in Educator Evaluation: ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

22)        Using Staff Feedback in Educator Evaluation: ESE will provide model contract language, direction and guidance on using staff feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

23)       Transition from Existing Evaluation System:

A)         The parties agree that to address the workload issues of Evaluators, during the first evaluation cycle under this Agreement in every school or department, the names of the Educators who are being placed on Self-Directed Growth Plans shall be literally or figuratively "put into a hat". The first fifty (50) percent drawn shall be on a one year Self-Directed Growth Plan and the second fifty (50) percent shall be on a two year Plan.

B)         The parties shall agree on a process for identifying the Educator Plan that each Educator will be placed on during the Educator's first year being evaluated under the new procedures, providing that Educators who have received ratings of unsatisfactory or its equivalent in the prior year will be placed on Self-Directed Growth or Improvement Plans at the sole discretion of the Superintendent.

C)         The existing evaluation system will remain in effect until provisions set forth in this Article are implemented. The relevant timeframe for adopting and implementing new systems is set forth in 603 CMR 35.11 (1).

24)        General Provisions:

A)         Only those who are licensed may serve as Evaluators of Educators, excluding all other Unit A Association bargaining unit members (See Section 2, K, ii).

B)          Evaluators shall not make negative comments about the Educator's performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstances where the evaluator concludes that s/he must immediately and directly intervene. Nothing in this paragraph is intended to limit an administrator's ability to investigate a complaint, or secure assistance to support an Educator.

C)         The Superintendent shall insure that Evaluators have initial and ongoing training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by DESE (35.03), and the evaluation Standards and Procedures established in the Agreement.

D)         Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator's supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator's supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the superintendent with the concurrence of the Educator.

E)         The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties, as well as discuss other parts of this evaluation noted as needing further negotiations, Recommendations from this team shall be forwarded to the parties for negotiations and ratification.

F.         The parties recognize that both Educators and Evaluators may on occasion need some flexibility in order to achieve the purposes of this evaluation agreement. With that in mind, the parties agree as follows:

1.   During any school year, if either the Evaluator or the Educator feels that an observation should be repeated on another occasion for any reason, the observation, whether announced or unannounced, shall be deemed void for evaluative purposes, and shall not be considered in any way as part of the evaluative process. The Evaluator and/or the Educator may each void one such observation during each school year.

2.   During any school year, if either the Evaluator or the Educator is unable to meet a time limit set forth herein for any reason, they will be automatically be allowed a 14 calendar day extension of the time limit without said extension being deemed a violation of their obligations as set forth herein. The Educator may take advantage of one such extension during each school year, and the Evaluator may take advantage of one such extension with respect to each teacher whom they are evaluating during each school year.

G)        Violations of the evaluation procedures set forth above article are subject to the grievance and arbitration provisions of this Agreement. The Evaluators' judgments, determinations, ratings, and/or the sufficiency of the basis therefore shall not be subject to grievance and arbitration under this Agreement.

20. Timelines

A. Educators on a ONE YEAR Plan

Activity:

Completed By:

Superintendent, principal or designee meets with Evaluators and Educators to explain evaluation process.

15-September

Evaluator meets with first-year Educators to assist in Self-assessment and goal setting process. Educator submits self-assessment and proposed goals

1-October

Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator plan may be established at Summative Evaluation Report meeting in prior school year).

15-October

Evaluator completes Educator Plans

1-November

Evaluator should complete first observation of each Educator

15-November

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) * or four weeks before Formative Assessment Report date established by Evaluator

5-January*

Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

1-February

Evaluator holds Formative Assessment Meetings if requested by either Evaluator or Educator

15-February

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired) *or 4 weeks prior to Summative Evaluation Report date established by evaluator

20-April*

Evaluator completes Summative Evaluation Report

15-May

Evaluator meets with Educators whose overall summative evaluation ratings are Needs Improvement or Unsatisfactory

1-June

Evaluator Meets with Educator whose ratings are proficient or exemplary at request of Evaluator or Educator

15-June

Educator signs Summative Evaluation Report and adds responses, if any within 5 school days of receipt

15-June

B. Educators with PTS on Two Year Plans

 

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-year evaluation cycle

Evaluator completes Formative Evaluation Report

June 10 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 10 of Year 1

Evaluator completes Summative Evaluation Report

May 15 of Year 2

Evaluator conducts Summative Evaluation Meeting, if any

June 10 of Year 2

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

C.        Educators on Plans of Less than One Year:

The timeline of Educators on Plans of less than one year will be established in the Educator Plan.

Bourne Public School

Evaluation Tracking Sheet

Educator-Name Title____________________________________________________________________

Primary Evaluator-Name/Title____________________________________________________________

Supervising Evaluator, if any.-.-Name /Title/Role-in evaluation:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

School(s):______________________________________________________________________________

Educator Plan:                               [] Self'-Directed Growth Plan                              [] Directed Growth Plan

[] Developing Educator Plan                                [] Improvement Plan

Plan Duration:                               [] 2-Year                [] One-Year             [] Less than a Year __________

Evaluation Step

Date

Educator Initials

Evaluator (s) Initials

Self-Assessment received by evaluator

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___ ___ ___

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Educator Plan development completed

___ ___ ___

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[] Formative Assessment conference, if any1

___ ___ ___

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___ ___ ___

[] Formative Evaluation conference, if any 2

___ ___ ___

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[] Formative Assessment Report completed

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[] Formative Evaluation completed 3

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Educator response, if any, received .by evatuator4

___ ___ ___

___ ___ ___

___ ___ ___

Summative  Evaluation conference, if any

___ ___ ___

___ ___ ___

___ ___ ___

Summative  Evaluation Report completed

___ ___ ___

___ ___ ___

___ ___ ___

Educator response, if any, received by evaluator

___ ___ ___

___ ___ ___

___ ___ ___

____________________________________________________________________________________

1 As per the Massachusetts Model System for Educator Evaluation Contract Language, evaluation conferences are required for ratings of Needs Improvement and Unsatisfactory, but conferences may be requested by either the educator or evaluator for any Educator Plan. The conference may occur before or after the Report is completed; the sequence in the above table does not denote required chronological order.

2 Formative Evaluation only occurs at the end of the first year of a two-year Self-Directed Growth Plan.

3 The educator’s formative evaluation rating at the end of the first year of the two-year cycle shall be the same as the previous summative rating unless evidence demonstrates a significant change in performance. In such a case, the rating on the formative evaluation may change. Assigning ratings is optional during Formative Assessment.

4 An educator may provide written comments to the evaluator at any time using the Educator Response Form, but 603 CMR 35.06 ensures that educators have an opportunity to respond to the Formative Assessment, Formative Evaluation, and Summative Evaluation in writing.  

_____________________________________________________________________________________

Evaluation Tracking Sheet

Bourne Public School

Self-Assessment Form

Educator: - Name/Title: _________________________________________________________________

Primary Evaluator-Name /Title: ___________________________________________________________

Supervising Evaluator, If any-Name/Title/Role in evaluation:____________________________________

______________________________________________________________________________________

School(s):______________________________________________________________________________

Part 1: Analysis of Student Learning, Growth and Achievement

****

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Team, if applicable______________________________________________________________________

List Team Members below:

_________________________________________          ____________________________________

_________________________________________          ____________________________________

________________________________________           ____________________________________

Part 2: Assessment of practice Against Performance Standards

****

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Team, if applicable: _____________________________________________________________________

List Team Members below:

_________________________________________          ____________________________________

_________________________________________          ____________________________________

________________________________________           ____________________________________

Signature of Educator__________________________________Date_____________________________

Signature of Evaluator____________________________________Date_________________________

*The evaluator’s signature indicates that he or chef has received a copy of that self assessment form and the goal setting form with proposed goals. It does not denote approval of the goals.

Bourne Public Schools

Goal Setting Form

Educator—Name/Title: __________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Supervising Evaluator, if any – Name/Title /Role in evaluation____________________________________

______________________________________________________________________________________

School(s):______________________________________________________________________________

Check all that apply1          [   ] Proposed Goals         [   ] Final Goals        Date _________________

A minimum of one student learning goal and one professional practice goal are required. Team goals must be considered per 603 CMR 35.08(3)(b). Attach pages as needed for additional goals or revisions made to proposed goals during the development of the Educators Plan.

Student Learning SMART Goal                     Professional Practice SMART Goal

****                                                                *****

[] Individual                                                    [] Individual

[] Team__________________                       [] Team___________________________

_________________________________      _________________________________

_________________________________      _________________________________

_________________________________      _________________________________

_________________________________      _________________________________

_________________________________      _________________________________

_________________________________      _________________________________

SMART: S=Specific and Strategic: M=Measurable: A=Action Oriented:

R=Rigorous, Realistic, and Result-Focused; T=Timed and Tracked

____________________________________________________________________________________

1If proposed goals change during Plan Development edits may be recorded directly on original sheet or revised goal may be recorded on a new Sheet. If proposed goals are approved as written, a separate sheet is not required.

____________________________________________________________________________________

Bourne Public Schools

Educator Plan Form

Educator—Name/Title: ___________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Contributing Evaluator, if any—Name/Title /Role in evaluation:__________________________________

______________________________________________________________________________________

School(s): _____________________________________________________________________________

Educator Plan:            [] Self-Directed Growth Plan                           [] Directed Growth Plan

[] Developing Educator Plan                           [] Improvement Plan*

Plan Duration:            [] 2-Year           [] One-Year              [] Less than a year

Start Date: _____________________________         End Date: _______________________________

[] Goal Setting Form with final goals is attached to the Educator Plan.

Some activities may apply to the pursuit of multiple goals or types of goals (student learning or professional practice). Attach additional pages as necessary.

Student Learning Goal(s): Planned Activities

Describe actions the educator will take to attain the student learning goal(s).

Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District 1

Timeline or Frequency

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*Additional detail may be attached if needed

Professional Practice Goal(s): Planned Activities

Describe actions the educator will take to attain the professional practice goal(s).

Activities may apply to individual and/or team. Attach additional pages as needed.

Action

Supports/Resources from School/District 1

Timeline or Frequency

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This Educator Plan is “designed to provide educators with feedback for improvement, professional growth, and leadership,” is “aligned to statewide Standards and Indicators in 603 CMR 35.00 and local Performance Standards,” and “is consistent with district and school goals.” (see 603 CMR 35.06 (3)(d) and 603 CMR 35.06(3)(f).)

Signature of Evaluator ________________________________        Date ________________________

Signature of Educator _________________________________       Date_________________________

* As the evaluator retains final authority over goals to be included in an educator’s plan (see 603 CMR 35.06(3)(c)), the signature of the educator indicates that he or she has received the Goal Setting Form with the “Final Goal” box checked, indicating the evaluator’s approval of the goals. The educator’s signature does not necessarily denote agreement with the goals. Regardless of agreement with the final goals, signature indicates recognition that “It is the educator’s responsibility to attain the goals in the plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.” (see 603 CMR 35.06(4)

______________________________________________________________________________________

1 Must identify means for educator to receive feedback for improvement per 603 CMR 35.06(3)(d)  

______________________________________________________________________________________

Bourne Public Schools

Evaluator Record of Evidence Form

Educator—Name/Title: __________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ___________________________________

School(s): _____________________________________________________________________________

Academic Year: ____________________________ Educator Plan and Duration:_____________________

Standards and Indicators for Effective Teaching Practice: Rubric Outline* as per 603 CMR 35.03

The evaluator should track collection to ensure that sufficient evidence has been gathered.

[] I. Curriculum, Planning, & Assessment

[] II. Teaching All Students

[] III. Family & Community Engagement

[] IV. Professional Culture

[] I-A. Curriculum and Planning

[] II-A. Instruction

[] III-A. Engagement

[] IV-A. Reflection 

[] I-B. Assessment

[] II-B. Learning Environment

[] III-B. Collaboration

[] IV-B. Professional Growth

[] I-C. Analysis

[] II-C. Cultural Proficiency

[] III-C. Communication

[] IV-C. Collaboration

 

[] II-D. Expectations

 

[] IV-D. Decision-making

 

 

 

[] IV-E. Shared Responsibility

 

 

 

[] IV-F. Professional Responsibilities

* The Rubric Outline is intended to be used for citing Standards and Indicators. Evaluators should review the full rubric for analysis of evidence and determination of ratings.

Educator: ______________________________      Evaluator:_________________________________

Date

Source of Evidence*

Standard(s)/ Indicator(s)

Analysis of Evidence

Feedback Provided

Record date of collection, duration if applicable)

(e.g., parent conference, observation)

Note Standard(s) and Indicator(s) to which evidence is tied

Record notes "based on observations and artifacts of professional practice, including unannounced observations of practice of any duration” or other forms of evidence to support determining ratings on Standards as per 603 CMR 35.07

Briefly record feedback given to educator (e.g., strengths recognized, suggestions for improvement)

EX: 11/8/11

EX: unit plans, benchmark data

EX: I-B

EX: unit plans were appropriately modified after analysis of benchmark data to better reflect student performance at mid-point of semester

EX: recognized strong adjustment to practice, suggested teacher collaborate with team on backward curriculum mapping

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*Note if classroom observations are announced or unannounced.

Signature of Evaluator_______________         Date_______________ [] Satisfactory [] Unsatisfactory

Signature of Evaluator_______________         Date_________________________________________

Bourne Public Schools

Evaluator Record of Evidence Form

Educator—Name/Title: __________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ___________________________________

School(s): _____________________________________________________________________________

Academic Year: ____________________________ Educator Plan and Duration:_____________________

Standards and Indicators for Effective Teaching Practice: Rubric Outline* as per 603 CMR 35.03

The evaluator should track collection to ensure that sufficient evidence has been gathered.

[] I. Curriculum, Planning, & Assessment

[] II. Teaching All Students

[] III. Family & Community Engagement

[] IV. Professional Culture

[] I-A. Curriculum and Planning

[] II-A. Instruction

[] III-A. Engagement

[] IV-A. Reflection 

[] I-B. Assessment

[] II-B. Learning Environment

[] III-B. Collaboration

[] IV-B. Professional Growth

[] I-C. Analysis

[] II-C. Cultural Proficiency

[] III-C. Communication

[] IV-C. Collaboration

 

[] II-D. Expectations

 

[] IV-D. Decision-making

 

 

 

[] IV-E. Shared Responsibility

 

 

 

[] IV-F. Professional Responsibilities

* The Rubric Outline is intended to be used for citing Standards and Indicators. Evaluators should review the full rubric for analysis of evidence and determination of ratings.

Bourne Public Schools

Educator Collection of Evidence Form

Educator—Name/Title:________________________________________________________________

Primary Evaluator—Name/Title:_________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation:_________________________________

___________________________________________________________________________________

School(s):___________________________________________________________________________

Evidence pertains to (check all that apply)1:

[] Fulfillment of professional responsibilities and growth

[] Evidence of outreach to and ongoing engagement with families

[] Progress toward attaining student learning goal(s)

[] Progress toward attaining professional practice goal(s)

[] Other: _____________________________________________________________________________

Summary of Evidence

Summarize the evidence compiled to be presented to evaluator with a brief analysis.

Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Signature of Educator______________________________        Date____________________________

Signature of Educator______________________________        Date____________________________

[] Attachment(s) included

______________________________________________________________________________________

1 Per 603 CMR 35.07(1)(c)1, “Evidence compiled and presented by the educator include [es]: 1. Evidence of fulfillment of professional responsibilities and growth, such as: self-assessments; peer collaboration; professional development linked to goals and or educator plans; contributions to the school community and professional culture; 2. Evidence of active outreach to and ongoing engagement with families.” However, educator collection of evidence is not limited to these areas.

______________________________________________________________________________________

Bourne Public Schools

Formative Assessment Report Form

Educator—Name/Title:__________________________________________________________________

Primary Evaluator—Name/Title:___________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation:

______________________________________________________________________________________

School(s): _____________________________________________________________________________

Assessing:

[] Progress toward attaining goals          [] Performance on Standards            [] Both

Progress Toward Student Learning Goal(s)

Describe current level of progress and feedback for improvement. Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Describe current level of progress. Attach additional pages as needed.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

1 As per 603 CMR 35.02 and 603 CMR 35.06(5), formative assessment shall mean the process used to assess progress toward attaining goals set forth in Educator Plans, performance on Performance Standards, or both. 

______________________________________________________________________________________

Bourne Public Schools

Formative Assessment Report Form

Educator—Name/Title: __________________________________________________________________

Performance on Each Standard

Describe performance and feedback for improvement. Attach additional pages as needed.

I: Curriculum, Planning, & Assessment

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

II: Teaching All Students

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

III: Family & Community Engagement

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

IV: Professional Culture

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

The educator shall have the opportunity to respond in writing to the formative assessment as per 603 CMR 35.06(5)(c) on the Educator Response Form.

Signature of Evaluator_______________________________     Date Completed:_________________

Signature of Evaluator_______________________________     Date Received:_________________

Bourne Public Schools

Formative Evaluation Report Form

* For educators on two-year Self-Directed Growth Plans at the end of Year One of the cycle

Educator—Name/Title:___________________________________________________________________

Primary Evaluator—Name/Title: ___________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: ___________________________________

School(s): _____________________________________________________________________________

Assessing1:

[] Progress toward attaining goals                  [] Performance on Standards                [] Both

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

[] Did not meet     [] Some progress     [] Significant Progress      [] Met     [] Exceeded

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

[] Did not meet       [] Some progress     [] Significant Progress      [] Met       [] Exceeded

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

___________________________________________________________________________________

1 As per 603 CMR 35.02 and 603 CMR 35.06(5), formative evaluation shall mean the process used to assess progress towards attaining goals set forth in Educator Plans, performance on performance standards, or both. 

___________________________________________________________________________________

Bourne Public Schools

Formative Evaluation Report Form

Educator—Name/Title: __________________________________________________________________

[] Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

[] Evaluator is assigning ratings that differ from prior Summative Evaluation; comments are required

Rating on Each Standard

I: Curriculum, Planning, & Assessment

[] Unsatisfactory       [] Needs Improvement          [] Proficient      [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

II: Teaching All Students

[] Unsatisfactory        [] Needs Improvement          [] Proficient         [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

III: Family & Community Engagement

[] Unsatisfactory           [] Needs Improvement             [] Proficient          [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

IV: Professional Culture

[] Unsatisfactory              [] Needs Improvement              [] Proficient          [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

Educator—Name/Title:___________________________________________________________________

[] Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

[] Evaluator is assigning ratings that differ from prior Summative Evaluation; comments required

Overall Performance Rating

[] Unsatisfactory               [] Needs Improvement              [] Proficient          [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Plan Moving Forward

[] Self-Directed Growth Plan      [] Directed Growth Plan     [] Improvement Plan      [] Developing Educator Plan

The educator shall have the opportunity to respond in writing to the formative evaluation as per 603 CMR 35.06(5) (c) on the Educator Response Form.

Signature of Evaluator _______________________________Date Completed:______________________

Signature of Educator*__________________________ Date Received:____________________________

Bourne Public Schools

Summative Evaluation Report Form

Educator—Name/Title: _______________________________________________________________

Primary Evaluator—Name/Title: _________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation: __________________________________

______________________________________________________________________________________

School(s): ____________________________________________________________________________

Current Plan:             [] Self-Directed Growth Plan                        [] Directed Growth Plan

[] Developing Educator Plan                         [] Improvement Plan

Progress Toward Student Learning Goal(s)

Attach additional pages as needed.

[] Did not meet        [] Some progress      [] Significant Progress         [] Met          [] Exceeded

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Progress Toward Professional Practice Goal(s)

Attach additional pages as needed.

[] Did not meet          [] Some progress        [] Significant Progress        [] Met        [] Exceeded

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Bourne Public Schools

Summative Evaluation Report Form

Educator—Name/Title: __________________________________________________________________

[] Evaluator is assigning same ratings as prior Summative Evaluation; no comments needed

[] Evaluator is assigning ratings that differ from prior Summative Evaluation; comments are required

Rating on Each Standard

I: Curriculum, Planning, & Assessment

[] Unsatisfactory       [] Needs Improvement          [] Proficient      [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

II: Teaching All Students

[] Unsatisfactory        [] Needs Improvement          [] Proficient         [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

III: Family & Community Engagement

[] Unsatisfactory           [] Needs Improvement             [] Proficient          [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

IV: Professional Culture

[] Unsatisfactory              [] Needs Improvement              [] Proficient          [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

Bourne Public Schools

Summative Evaluation Report Form

Educator—Name/Title: __________________________________________________________________

Overall Performance Rating

[] Unsatisfactory               [] Needs Improvement              [] Proficient          [] Exemplary

Rationale, evidence, and feedback for improvement:

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Plan Moving Forward

[] Self-Directed Growth Plan      [] Directed Growth Plan     [] Improvement Plan      [] Developing Educator Plan

Signature of Evaluator _______________________________Date Completed:______________________

Signature of Educator*__________________________ Date Received:____________________________

Bourne Public Schools

Educator Response Form

Educator—Name/Title:________________________________________________________________

Primary Evaluator—Name/Title:_________________________________________________________

Supervising Evaluator, if any—Name/Title/Role in evaluation:_________________________________

___________________________________________________________________________________

School(s):___________________________________________________________________________

Evidence pertains to (check all that apply)1:

[] Fulfillment of professional responsibilities and growth

[] Evidence of outreach to and ongoing engagement with families

[] Progress toward attaining student learning goal(s)

[] Progress toward attaining professional practice goal(s)

[] Other:______________________________________________________________________________

Educator Response

Attach additional pages as needed

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

Signature of Evaluator _______________________________Date Completed:______________________

Signature of Educator*__________________________ Date Received:____________________________

[] Attachment(s) included

This Memorandum of Agreement amends the Collective Bargaining Agreement which was in effect from July 1, 2009 to June 30, 2012. Where the provisions of said Collective Bargaining Agreement are not amended, modified, or revised by this Memorandum of Agreement, such provisions shall remain in full force and effect for the duration of the Collective Bargaining Agreement.

IN WITNESS WHEREOF, we set our hands on this the ________ day of _______, 2013.

BOURNE SCHOOL COMMITTEE                                BOURNE EDUCATIRS’ ASSOCIATION

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