Boxborough

AGREEMENT

BETWEEN

THE BOXBOROUGH SCHOOL COMMITTEE

AND

THE BOXBOROUGH TEACHERS ASSOCIATION

FOR SCHOOL YEARS

2009          –              2010

2010          –              2011

2011          –              2012

_________________________                                      _________________________

Maria Neyland

Co-President                                                                         Chairperson

Boxborough Teachers Association                                  Boxborough School Committee

_________________________                                      _________________________

Brigid O. Bieber

_________________________

Co-President

Boxborough Teachers Association

_________________________

Bruce Sabot

_________________________

Scott Lukas

_________________________

Mary Brolin

1.0            PREAMBLE

AGREEMENT is made on the 1st day of July 2009 by and between the BOXBOROUGH SCHOOL COMMITTEE (hereafter referred to as the Committee) and the BOXBOROUGH TEACHERS’ ASSOCIATION (hereafter referred to as the Association).

In consummating this Agreement, it is the purpose of the parties to continue their harmonious relations to promote mutual cooperation and understanding with a goal of providing education of the highest possible quality for children attending school in the Boxborough Public School District.

1.1                          RECOGNITION AND REPRESENTATION

The Association is recognized by the Committee (pursuant to Chapter 150 (E), Massachusetts General Laws) as the exclusive representative for the purpose of collective bargaining with respect to wages, hours and other conditions of employment for all classroom teachers, special subject teachers, guidance counselors, school librarian/media specialist, math specialist, instructional technology specialist, and school nurses, but excluding the Superintendent/Curriculum Director, Principal, Director of Pupil Services, or any other exclusively administrative personnel, substitute teachers, and all non-certified personnel. The terms “professional-status teacher(s)” and “teacher(s)” as used hereafter in this Agreement refer only to such persons as at the time in question fall within the bargaining unit as defined in this paragraph.

The parties acknowledge that:

(a)                 The Committee, elected by the citizens of the Town of Boxborough, has complete authority over, and responsibility for, policies and administration of the Boxborough Public School District, which they exercise under law.

(b)                 The Superintendent/Curriculum Director of the Boxborough Public School District is responsible to the Committee for carrying out the policies established by the Committee and for the administration of the District.

(c)                 The Committee, the Superintendent/Curriculum Director, Principal, Director of Pupil Services and the teaching staff of the Boxborough Public School District are responsible for providing education of the highest possible quality.

1.2          PROFESSIONAL STANDARDS

1.2.1       Professional Standards for Teachers in the Boxborough Public Schools

The Committee and the Association agree that the following teacher standards express a mutual expectation for the highest possible quality of education in the Boxborough Public School System. Through the support of the Boxborough School Committee, leadership of school administration, assistance of the Boxborough school community, and diligent efforts of the teaching staff, these standards will be met.

1.2.1.1     Knowledge of subject matter:

(a)                 Demonstrate a thorough understanding of current learning theories, subject matter, child development, and curriculum development.

(b)                 Model a commitment to education and learning by continually expanding his/her knowledge through professional development.

(c)                 Maintain current Massachusetts licensure in the area of instruction.

1.2.1.2     Instructional effectiveness:

(a)                 Use the available space and materials to create an effective active learning environment. Materials will be made available for use to create an effective and active learning environment.

(b)                 Provide a variety of learning opportunities that are consistent with curriculum goals, relevant to all learners, and based upon the principles of effective instruction.

(1)                 Plan, implement, and evaluate objectives.

(2)                 Provide learning environments that promote the acquisition of knowledge, critical and creative thinking skills, and problem solving.

(3)                 Adjust the pace and type of instruction as necessary.

(4)                 Provide opportunities for purposeful practice, remediation, and enrichment.

(c)           Maintain challenging yet reasonable standards for student performance in the areas of:

(1)                 Interpersonal behavior

(2)                 Self discipline

(3)                 Organization and work habits

(4)                 Quality and quantity of work

1.2.1.3     Clarity of communication:

(a)           Communicate clearly with students

(1)                 Engage and maintain student attention during instruction.

(2)                 Provide information and employ questioning techniques consistent with higher order thinking skills and effective instruction.

(3)                 Provide clear direction and reinforcement as necessary.

(b)           Communicate effectively with parents, peers, and other members of the school community.

(1)                 Initiate contact with parents, provide relevant information and respond to parent communications in a timely way.

(2)                 Encourage a school-community relationship.

1.2.1.4     Responsiveness to all learners:

(a)                 Respond to the needs of all students, with sensitivity to both cognitive and emotional development, learning style, instructional level and study skills.

(b)                 Maintain a productive and appropriate pace for all students.

(1)                 Make efficient use of time.

(2)                 Prepare teaching materials as necessary.

(3)                 Make classroom resources available.

(4)                 Use audio-visual, manipulative materials and technology, as appropriate.

(c)           Foster the development of self-esteem and mutual respect in all students.

(1)                 Expect and reinforce respect and courtesy between students.

(2)                 Extend respect, courtesy, and fair treatment to all students.

1.2.1.5.   Effective use of evaluative procedures:

(a)                 Evaluate student progress from observation, classroom participation, class work, homework, tests and/or those tools appropriate to the student and subject.

(b)                 Maintain a record of student progress through evaluative tools and authentic assessment such as: checklists, anecdotal records, grades, rubrics, and portfolios.

(c)                 Provide the student and parent or guardian with student evaluation and goals.

1.2.1.6    Community and organizational commitment:

(a)                 Collaborate with other staff members to maximize student learning.

(b)                 Share in the responsibility of routine supervisory and administrative duties as a member of the school community.

These Professional Standards define the fundamental requirements needed for a successful educational program. Staff members, with professional-teacher status, who fail to satisfy one or more of the teacher performance standards set forth under Section 1.2.1 of this Agreement may be subject to the withholding of step or supermax increment adjustments, as described in Section 9.4.

1.2.2       Professional Standards for Nurses in the Boxborough Public Schools

The Committee and the Association agree that the following standards express a mutual expectation for the highest possible quality of health services in the Boxborough Public School System. Through the support of the Boxborough School Committee, leadership of school administration, assistance of the Boxborough school community, and diligent efforts of the nursing staff, these standards will be met.

1.2.2.1            Knowledge of Current Practices and Issues in Health

(a)                 Adhere to guidelines issued by the Massachusetts Department of Health and the Board of Registration in Nursing.

(b)                 Model a commitment to learning by continually expanding his/her own knowledge and understanding through professional and curriculum development opportunities.

1.2.2.2    Nursing Effectiveness

(a)           Demonstrate proficiency in the practice of nursing in an elementary school setting.

(1)                 Provide skilled first aid for all injured students or staff.

(2)                 Administer medication to students in correct doses at specific times or time intervals, as specified in writing by a physician.

(3)                 Arrange for appropriate dismissal of ill or injured children.

(4)                 Provide immunizations and other health-related tests, as required by law for staff and volunteers.

(5)                 Maintain a clean, organized, well-equipped health office with sufficient supplies appropriate to the needs of students and staff.

(b)           Maintain thorough, accurate health records.

(1)                 Maintain accurate health records for all students.

(2)                 Maintain an up-to-date file of emergency information for each student, including how to contact parents/guardians and what health conditions of concern apply to each student.

(3)                 Keep a complete, sufficiently detailed log of the dates and times that any student or staff member visits the health office or receives treatment for an illness or injury.

(4)                 Keep records of immunizations and tests given to staff or to volunteers.

(5)           Complete promptly all forms and paperwork associated with accident reports, tutoring requests, and special transportation.

(c)           Administer screening tests, examinations, and observations that meet the requirements of the State and the school system.

1.2.2.3     Clarity of Communication

(a)                 Keep staff and parents informed about health-related issues affecting students.

(b)                 Provide information and support to the school physician in performing his/her duties.

(c)                 Encourage and respond promptly to communications from parents.

1.2.2.4     Responsiveness to all Students, Parents, and Staff

(a)                 Show sensitivity in dealing with students about health concerns.

(b)                 Respect the confidentiality of student or family medical information.

(c)                 Reflect a positive understanding of racial, ethnic, cultural, and gender differences.

(d)                 Foster a climate of health and wellness among students and staff.

1.2.2.5     Organizational Commitment

(a)                 Collaborate with classroom teachers in the preparation and presentation of health-related issues and concepts.

(b)                 Conduct health-related in-service programs for staff members.

(c)                 Share the responsibility for routine and administrative duties and for supervision of students, particularly in relationship to the health office and the main administrative office.

These Professional Standards define the fundamental requirements needed for a successful health program. School nurses with professional status who fail to satisfy one or more of the nurse performance standards set forth under Section 1.2.2 of this Agreement may be subject to the withholding of step or supermax increment adjustments, as described in Section 9.4.

2.0          WORKING CONDITIONS

The Committee and the Association agree that the teachers of the Boxborough Public School District shall devote the time which, in their professional judgment, is necessary to assure quality education.

2.1          LENGTH OF WORK YEAR

The work year for teachers shall be one hundred and eighty three days or three days longer than the current minimum school year required by the State Board of Education. The school year for students shall begin no earlier than the first Tuesday after Labor Day, except when Labor Day falls on September 5^th, 6^th, or 7^th, when school may, at the discretion of the School Committee, begin the last week in August. School shall terminate no later than June 30^th. In the event of extraordinary circumstances, the District will make every effort to utilize scheduled vacation time, Saturdays and extending the length of the school day in order to meet the required number of school days as stated above. The school year for teachers shall consist of one day before the beginning of the school year, days the school is in session, and the time necessary after the end of the school year for the completion of the checkout procedure. The work year will also include two (2) additional staff development days. The work year will be considered complete for each individual teacher when checkout procedures for that teacher have been approved by the Principal.

2.2          LENGTH OF STUDENT DAY

The length of the Student Day is currently defined as 8:45 AM.-3:00 PM. The beginning and ending time of the Student Day may be adjusted by the Committee from time to time, but the length of the Student Day will not exceed 6 hours and 15 minutes. It is acknowledged that the school bell will ring five minutes prior to the start of the Student Day to signal that the students are exiting the buses and are on their way to the classrooms.

2.3          LENGTH OF WORK DAY

2.3.1       Regular Work Day

Full-time teachers are expected to be in attendance at school before the regularly scheduled arrival of the buses in the morning. In those years that bus looping is in effect, the last loop will be considered the regularly scheduled arrival of buses. Full-time teachers are expected to remain on site until the departure of the buses in the afternoon, except as noted in the Early Release Day definition below. In those years that bus looping is in effect, the first loop will be considered the regularly scheduled departure of buses. It is expected that teachers will make every effort to insure that their students have been safely dismissed in accordance with school policies and procedures before departing for the day. Less than full-time teachers will work in conformance with their agreement with the Superintendent/Curriculum Director.

2.3.2       Early Release Day

An early release day is any school day beginning at the regular time and concluding classes at or about twelve o’clock noon. The remainder of the day to 3:00 PM, excluding a forty-minute lunch period, shall be used for staff meetings, conferences, workshops, and other school related business, except the day before Thanksgiving and the last day of school.

2.4          COMMITTEES

A teacher’s participation in committee/ curricular/ extracurricular activities will be voluntary. Non-school hour meetings should be held to a maximum of one hour. So as not to detract from their regular classroom preparation and teaching, teachers can be expected to participate in no more than one committee/curricular/extracurricular activity, however, it is reasonable to expect teachers to participate to some degree.

Teachers who participate in committee work, including Tech Council, during non-school hours will be paid a stipend of $70 per one hour meeting and committee chairpersons will be paid $100 per one hour meeting for those meetings that they attend if minutes and attendance for all meetings are submitted to the Superintendent/Curriculum Director in a timely fashion. New and existing committees must receive prior approval by the Superintendent/Curriculum Director or Principal. Participants may be required to present their findings to the School Committee and/or the Blanchard staff.

The stipend will be paid in a lump sum as part of a regular paycheck.

In addition to committee work, the following before/after school activities qualify to receive a stipend:

-- Mentoring program coordinator: $1,000

-- Mentors: $750

-- Teachers Assistance Team: $750

-- Cape Cod trip: $300

Stipend for before or after school programs may be paid $40 per session. These sessions are subject to the prior approval of the Principal. Stipends will be limited based on budgeted funds available.

2.5          LUNCH PERIOD

All teachers working a full school day will have forty (40) continuous minutes of duty-free lunch period each working day between the hours of 10:30 A.M. and 1:30 P.M. The nurse will have forty (40) continuous minutes of duty-free lunch each working day, except for unanticipated emergencies. The Principal has the right to expect teachers to supervise the cafeteria during lunch and during the lunch recess in the event of an emergency.

2.6          PREPARATION TIME

Five weekly preparation blocks, except kindergarten - 4 per class per week - will be provided when children attend special subjects (art, music, physical education, library). Each teacher will have a minimum of one 45 minute planning block each day for a weekly total of no less than 225 minutes.

The Association recognizes that scheduled planning times and weekly minute totals may on occasion be lessened due to shortened days. Every effort will be made to procure a substitute when one of the special subject teachers is absent. It is understood that there may be occasions when, despite all efforts, substitute teachers will be unavailable for these special subjects. Such scheduling of preparation time will be at the discretion of the Principal, but subject to input by the teachers prior to implementation. Teachers may request up to two (2) days per school year to engage in collaborative work with another teacher (or other teachers) during regular school hours, with prior approval of the Principal.

2.6.1       Release Day Team Planning Time

In years when no graduate course is being offered on Early Release Days, at least one-half of the Early Release Days (excluding the parent-teacher conference days) will be dedicated to individual or team planning time or individual professional development. The Principal may request teachers to submit a description of the activities worked on during the release day planning time. Such activities will be at the full discretion of the teachers. Creation of

class lists is not to be done on Early Release Days dedicated to individual or team planning time or individual professional development time. A date will be selected by the Association, for one of these individual or team planning half days, on which date all staff may leave the building after the departure of the buses at or about 12:00 PM. This date shall be selected by the Association by June 1 of the preceding School Year (except for the 2009-2010 school year) in consultation with the Administration.

2.6.2       Substitutes for Other Teacher and Aides

On days when a Remedial Reading, Remedial Math, ESL, Learning Center, Resource Room teacher or a SPED aide is absent, every effort will be made to provide a substitute teacher or aide. Preference will be given to procuring substitutes for special subject teachers.

2.7          CLASS SIZE

The desirable maximum number of pupils per teacher is:

K: 20

Grades 1, 2, and 3: 22

Grades 4, 5, and 6: 24

When the number of students exceeds the desirable maximum number of pupils, the classroom teacher, grade level team members, and the school principal will bring this to the attention of the Superintendent/Curriculum Director who will report the situation to the School Committee.

The Committee and the Association recognize that class size has a bearing on a quality education and will, whenever possible subject to space availability and other educational considerations, insure that class size is the most effective for the number of both the teachers and the pupils. Attainment of the desirable maximum number of pupils per teacher shall, however be dependent on the practicalities with which the Committee must deal.

2.8    DEVELOPMENT OF SCHOOL CALENDAR

2.8.1       General

Prior to submitting the annual school calendar to the Committee for approval, the Superintendent/Curriculum Director will solicit input from the Association. The purpose of this is to allow the Association the opportunity to recommend scheduling of parent conferences, workshops, etc., at a point in the calendar where they are the most effective.

2.8.2       Setting of Early Release Days

The school calendar shall include a minimum of eight (8) early release days per school year for professional development, team time, and individual planning time. The Association will provide input on agendas for early release days to the Superintendent/Curriculum Director, i.e. the Association would like to see team and individual planning time spread throughout the year.

2.9          PARENT COMMUNICATION TIMES

2.9.1       Teacher Availability

At the beginning of each school year, teachers will inform parents of the times they are available for communication outside the regular school day.

2.9.2       Parent-Teacher Conferences

Parent teacher conferences will be held in the fall and in the spring. These conferences will be held during two (2) early-release days specifically designated for this purpose. This total of four (4) early-release days will be in addition to the early-release days for in-service and other related school business as described in Section 2.8.2 of this contract. Conferences will be held at times mutually agreed upon by the teacher(s) involved and the parent(s)/guardian(s) of each student. These times may include before school and after school. Early evening appointments may be scheduled if necessary.

3.0          PERSONNEL RECORDS

3.1          Review of Personnel Files

Teachers will have the right, upon request, to review the contents of their personnel file. A teacher will be entitled to have a representative of the Association, or a representative of his/her own choice, accompany him/her during the review. Personnel records will be secured in a confidential manner. A sign-in/sign-out log shall be maintained to record all individuals who had access to the files. These files will be reviewed only in a designated area of the main office.

3.2          Review of Material for Addition to Personnel File

No material pertaining to a teacher’s conduct, service, character or personality will be placed into a teacher’s personnel file unless the teacher has had an opportunity to review that material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature and the date of review to the copy to be filed. The affixing of the signature only indicates that the teacher has had the opportunity to review the material and in no way indicates agreement with the contents. The teacher will also have the right to submit a written reply to such material, and his/her reply shall be reviewed by the Superintendent/Curriculum Director and/or Principal and attached to the file copy of the material in question.

3.3          Access to personnel files

Members of the School Committee may not review teacher personnel files for the purpose of evaluating teachers. Members of the School Committee may review teacher evaluation files for the purpose of evaluating the Superintendent/Curriculum Director provided that a prior release has been obtained from the teachers whose evaluations are being reviewed.

No member of the School Committee shall review the evaluations of a teacher if the School Committee member has a child in the teacher’s class during the current year.

3.4          Staff Organization and Assignment

The Principal reserves the right to assign all staff without regard to seniority status for any assignment within the teachers’ areas of licensure. Assignments will not be limited to, but may include, appointments such as transitional, multi-grade, cross-grade, or any other teaching assignment designed to meet emerging enrollment trends, educational benefits, or organizational effectiveness as recommended by the Principal and approved by the Superintendent/Curriculum Director. Any changes regarding staff organization must be discussed with the affected teacher(s) and the representatives of the Association prior to implementation.

4.0          LEAVES OF ABSENCE

4.1          Leave With Pay

4.1.1       Types of Leaves

4.1.1.1     Sick Leave

Each teacher will receive twelve (12) days of sick leave without loss of pay starting on the first teaching day of each school year. Unused sick days shall be accumulated from year to year up to a limit of 183 days. Sick days will be prorated for part-time staff.

4.1.1.2     Extended Sick Leave

If a teacher has exhausted all accumulated sick leave and suffers or is suffering a prolonged illness or injury, the teacher may apply for extended sick leave with pay. Application for this leave will be made in writing, in person, either individually or with/or through a personal representative directly to the principal, or at the option of the applicant to a screening committee involving two teachers and the Principal. A doctor’s certificate documenting the illness or injury must accompany the application. Based upon input from the committee, the Principal will make a recommendation to the School Committee. The School Committee will then decide whether to grant or deny the leave with pay. If the School Committee denies the leave with pay, they will provide to the teacher making application for this leave a written statement giving reasons for the denial.

If the leave is granted, the salary paid to the teacher on leave will be that teacher’s regular salary or, at the discretion of the School Committee, the salary of a substitute teacher used during the leave will be deducted.

4.1.1.3     Sick Leave Bank

In order to provide insurance from loss of pay because of longer-term illness or injury, a Sick Leave Bank shall be established.

The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of three members: the Superintendent/Curriculum Director or a designee and two teachers designated by the Association. The Administrative Procedures governing the sick leave bank are attached to this contract as Exhibit A (for convenience only).

All returning teachers shall be notified of their number of accumulated days of sick leave on or before September 1 of each school year. The Administration will be responsible for the accounting of additions and disbursements to and from the Sick Leave Bank and shall provide timely access to such accounts and an annual report to the Association no later than October 1 of each school year.

4.1.1.4    Bereavement

A teacher will receive up to three (3) days of bereavement leave per year without loss of pay. A teacher will receive a total of up to five (5) days of bereavement leave in the event of a loss of one's spouse, domestic partner, child, mother or father. In unusual circumstances, the Superintendent/Curriculum Director may extend the number of days for bereavement. These days are not accumulated from year to year.

4.1.1.5    Personal Days

It is recognized by all that absences by regular teachers from the classroom interrupt the educational process and must, therefore, be held to an absolute minimum. In each school year, however, up to three (3) days leave with pay may be obtained for personal business or legal obligations, or family matters which require absence during school hours and which cannot be effectively conducted outside of school hours. These days are not accumulated from year to year.

4.1.1.6    Religious Days

A teacher will be granted leave without loss of pay up to two (2) days in any one school year for time necessarily and actually lost for observation of a recognized major religious holiday of the religious faith to which such teacher belongs, when such holiday falls on a day on which teachers are required to report. Notification by a teacher of his or her intention to take such leave shall be made to the Principal as far as possible in advance of such holiday, but in no event less than forty-eight (48) hours in advance of such holiday.

4.1.1.7 Jury Duty

Teachers required to serve on jury duty during the school year will receive leave with pay for the duration of such duty. Compensation shall be the difference between jury duty pay and the teacher’s regular pay.

4.1.2       Conditions of Leaves

The following conditions will apply to any teacher on a leave of absence with pay:

(a)                 A teacher on a leave of absence with pay is subject to the Reduction in Force actions of this Agreement per Paragraph 6.0.

(b)                 All benefits accrued at the commencement of the leave of absence will be restored upon return to duty.

(c)                 Upon returning from a leave of absence with pay, a teacher will be assigned, if possible, to a position comparable to the one held just prior to the leave. Returning faculty will be assigned to a position designated by the Principal that falls within a teacher’s current state licensure.

(d)                 A teacher will return from a leave of absence with pay to the salary step that he/she was on at the time of the leave, except that a teacher who served at least (92) school days in the school year in which the leave was taken will be moved to the next step on the salary schedule for the next school year. The following paid leaves may be counted as part of the (92) days: sick leave (4.1.1.1), bereavement days (4.1.1.4), personal days (4.1.1.5), religious days (4.1.1.6), and jury duty (4.1.1.7).

(e)                 Seniority will not be increased for any school year in which a teacher serves fewer than (92) days, where the following types of paid leave are counted as part of the (92) days: sick leave (4.1.1.1), bereavement days (4.1.1.4), personal days (4.1.1.5), religious days (4.1.1.6), and jury duty (4.1.1.7).

4.2          Leave Without Pay

A leave of absence without pay may be granted by the Superintendent/Curriculum Director per this Section.

4.2.1       Types of Leaves

4.2.1.1    Childrearing Leave

A teacher with professional-teacher status may receive a leave of absence without pay for the purpose of childrearing. In the case of adoption, the teacher will submit a letter of intent when such leave is imminent. In the case of childbirth, the teacher will refer to and follow the procedure stated under Family Leave per Paragraph 4.3.1 of this Agreement. The teacher may receive a leave of up to but not to exceed twenty-four (24) consecutive months for the purpose of childrearing. The teacher may elect to return to duty at the beginning of the school year following the commencement of the leave or at the beginning of the second school year following the commencement of the leave. A written notification of intention to return to duty or to extend the leave shall be submitted to the Superintendent/Curriculum Director by March 1 of each school year. Failure to notify in the second year will be interpreted as resignation. In the case of infant or fetal death, a teacher on childrearing leave may return prematurely at his/her discretion. In this case, the teacher and the Superintendent/Curriculum Director must agree to an acceptable date of return.

Accumulated sick leave will not apply to childrearing leave except as stated in Paragraph 4.3.1 of this Agreement.

4.2.1.2    Sabbatical Leave of Absence

A sabbatical leave of absence without pay of one (1) year’s duration may be granted to a teacher having a minimum of six (6) years of service in the Boxborough Public Schools or six (6) years of service in the Boxborough Public Schools following a previous sabbatical leave from the Boxborough Public Schools.

No more than one (1) sabbatical leave will be granted for any one (1) school year. Written application stating reasons for sabbatical leave must be submitted to the Principal by the first of January prior to the September in which the leave is to commence. In the event of multiple applications, a teacher who has never taken a sabbatical leave will be given priority over a teacher who has had a sabbatical leave. However, if neither teacher has had a sabbatical leave, the request from the teacher with the longest length of service to the Boxborough Public Schools will be granted. The reasons for acceptance or refusal shall be recorded, released to the parties involved by March 1, and kept on file by the Principal. Notification of intention to return to duty the following September shall be submitted by the teacher on leave by March 1 of the leave year. Failure to notify will be interpreted as resignation.

4.2.1.3    Prolonged Illness Leave of Absence

A teacher whose personal illness or injury extends beyond the period of sick leave or extended sick leave may be granted a leave of absence without pay. The teacher shall submit a physician’s statement indicating a probable time frame of recovery. The teacher and the Principal must agree to an acceptable date of return. Upon returning, the teacher shall furnish the Principal with a physician’s statement attesting that the teacher is able to return to duty.

4.2.2       Conditions of Leaves

The following conditions will apply to any teacher on a leave of absence without pay:

(a)                 A teacher on a leave of absence without pay is subject to the Reduction in Force actions of this Agreement per Paragraph 6.0.

(b)                 No benefits will accrue during a leave of absence without pay. All benefits accrued at the commencement of the leave of absence without pay will be restored upon return to duty.

(c)                 Upon returning from a leave of absence without pay, a teacher will be assigned, if possible, to a position comparable to the one held just prior to the leave. Returning faculty will be assigned to a position designated by the Principal that falls within a teacher’s current state licensure.

(d)                 A teacher will return from a leave of absence without pay to the salary step that he/she was on at the time of the leave, except that a teacher who served at least (92) school days in the school year in which the leave was taken will be moved to the next step on the salary schedule for the next school year. The following paid leaves may be counted as part of the (92) days: sick leave (4.1.1.1), bereavement days (4.1.1.4), personal days (4.1.1.5), religious days (4.1.1.6), and jury duty (4.1.1.7).

(e)                 Seniority will not be increased for any school year in which a teacher serves fewer than (92) days, where the following types of paid leave are counted as part of the (92) days: sick leave (4.1.1.1), bereavement days (4.1.1.4), personal days (4.1.1.5), religious days (4.1.1.6), and jury duty (4.1.1.7).

(f)                  A teacher on a leave of absence without pay who accumulates sufficient educational credits to affect lane movement on the salary schedule will be moved to the appropriate lane upon return to duty. Notification of a lane change needs to be submitted to the Superintendent/Curriculum Director by March 1^st.

(g)                 A teacher on a leave of absence without pay is still a Boxborough Town employee who is, therefore, eligible for the Town’s group rate for insurance coverage, but payment of the total insurance premium is the teacher’s responsibility.

4.3          LEAVE WITH OR WITHOUT PAY

4.3.1       Types of Leaves

4.3.1.1     Family Leave

Twelve week family leaves shall be granted by the Superintendent/Curriculum Director in accordance with State and Federal law. A letter must be submitted to the Principal by the teacher at least sixty (60) days before the anticipated date of delivery. This letter should indicate whether the teacher is taking a twelve (12) week family leave or requesting a child-rearing leave (4.2.1.1). The Committee recognizes that unforeseen circumstances may change the intentions of the teacher in regard to this decision. Within two (2) weeks after the delivery, a physician’s letter stating the period of temporary disability due to childbirth must also be submitted to the Principal . The teacher will be able to apply accrued sick leave to the amount of time she is disabled according to the physician’s statement.

4.3.1.2     Absence for Significant Obligation

The School Committee recognizes that there may be occasional requests for leaves of absence for reasons other than those listed above. The reasons intended are those carrying a significant obligation, including military leave, rather than those of pleasure or personal satisfaction.

Requests for such leaves of absence must be submitted in writing by the requester and acted upon in advance by the Superintendent/Curriculum Director. The Superintendent/Curriculum Director may act upon the request in one of the following ways:

(a)                 Grant the leave with full or partial pay.

(b)                 Grant the leave without pay.

(c)                 Deny the leave.

The reasons for granting or denying this leave shall be forwarded in writing to the parties involved and be kept on file by the Superintendent/Curriculum Director.

4.3.2       Conditions of Leaves

The following conditions will apply to any teacher on a leave of absence with or without pay:

(a)                 A teacher on a leave of absence with or without pay is subject to the Reduction in Force actions of this Agreement per Paragraph 6.0.

(b)                 All benefits accrued at the commencement of the leave of absence with or without pay will be restored upon return to duty.

(c)                 Upon returning from a leave of absence with or without pay, a teacher will be assigned, if possible, to a position comparable to the one held just prior to the leave. Returning faculty will be assigned to a position designated by the Principal that falls within a teacher’s current state licensure.

(d)                 A teacher will return from a leave of absence with or without pay to the salary step that he/she was on at the time of the leave, except that a teacher who served at least 92 school days in the school year in which the leave was taken will be moved to the next step on the salary schedule for the next school year. The following paid leaves may be counted as part of the 92 days: sick leave (4.1.1.1), bereavement days (4.1.1.4), personal days (4.1.1.5), religious days (4.1.1.6), and jury duty (4.1.1.7).

(e)                 Seniority will not be increased for any school year in which a teacher serves fewer than 92 days, where the following types of paid leave are counted as part of the 92 days: sick leave (4.1.1.1), bereavement days (4.1.1.4), personal days (4.1.1.5), religious days (4.1.1.6), and jury duty (4.1.1.7).

(f)                  A teacher on a leave of absence with or without pay who accumulates sufficient educational credits to affect lane movement on the salary schedule will be moved to the appropriate lane upon return to duty.

(g)                 A teacher on a leave of absence without pay is still a Boxborough Town employee who is, therefore, eligible for the Town’s group rate for insurance coverage, but payment of the total insurance premium is the teacher’s responsibility.

5.0          BENEFITS

5.1          PROFESSIONAL DEVELOPMENT

The School Committee and the teachers recognize the importance of individual and staff development. Graduate courses, in-service training, professional workshops, professional literature and curriculum research and development are vital to a growing education system. The Committee wishes to encourage teachers to take advantage of professional development that is available. The School Committee also supports teachers’ efforts to improve existing curricula and develop new curricula. The School Committee will consider individual project proposals and proposals submitted by groups such as the curriculum committees.

In order to plan and provide funding for professional development, the School Committee will ask the Superintendent/Curriculum Director to ask the Principal to consult with the School Council to develop recommendations. The teachers and Superintendent/Curriculum Director will evaluate the curriculum and prioritize the needs. The School Committee will make every effort to find ways to help the educational process continue to grow. The following Sections are ways to take advantage of professional development opportunities:

5.1.1       Course Reimbursement

Professional staff members shall be reimbursed for successful completion of Superintendent/Curriculum Director-approved graduate courses at any accredited college or university. Reimbursement shall be 75% of course fees, texts, and required course materials up to a maximum of $1500 per school year. Teachers, who have received the yearly maximum of $1500, may apply by April 15^th for additional course and expense reimbursement if budgeted monies allow and are not being used by other teachers. By April 15^th, teachers can also apply to be reimbursed for up to 100% of courses. Distribution of available funds, if any, will be evenly allocated based on the number of applicants. Availability of funds will be determined by the Superintendent/Curriculum Director. Reimbursement for courses shall be received by the teacher in a timely manner after the submittal of the course transcript to the Superintendent/ Curriculum Director. Evidence of successful completion and a minimum course grade of B, or pass in a pass/fail course, shall be furnished to the Superintendent/ Curriculum Director’s office in the form of a course grade report and proper receipts for fees, texts, and required course materials. For the purposes of reimbursement, “per school year” shall be defined as running from July 1^st through June 30^th. Superintendent/Curriculum Director approval for courses must be obtained prior to the start of classes to qualify for reimbursement. The Superintendent/Curriculum Director may request that teachers indicate their anticipated plans for course reimbursement for the subsequent fiscal year. This provision is to assist budget preparation and is in no way intended to be a commitment on behalf of the teacher.

5.1.2   Credit for a Professional Development Course

A teacher who is at the BA+15 lane or beyond may apply for credit for a professional development course or multi-hour workshop taken outside of regular school hours. The credit can be used to satisfy up to seven (7) of the credit requirements for lane changes on the salary schedule. The professional development credits will be determined according to the following scale:

less than 10 hours                              no salary credit

10 to 16 hours                                     1 salary credit

17 to 26 hours                                     2 salary credits

27 or more                                           3 salary credits

5.1.3   Stipends and Credit for Curriculum Work

Teachers may apply to the Superintendent/Curriculum Director for up to nine (9) salary credits for curriculum work completed outside of school hours with no stipend for this additional work. The extent of the project and the amount of the credit must be approved by the Superintendent/Curriculum Director before the curriculum work is begun. The curriculum work credits will be determined according to the following scale:

less than 10 hours                              no salary credit

10 to 16 hours                                     1 salary credit

17 to 26 hours                                     2 salary credits

27 or more                                           3 salary credits

5.1.4   Professional Improvement Sessions

The Committee will pay the reasonable expenses (including fees, meals, lodging and/or transportation) incurred by personnel who attend workshops, seminars, conferences, or other professional improvement sessions with the prior approval of the Superintendent/Curriculum Director.

5.1.5       On-Site Graduate Course

A.    General

Every other year, the Boxborough School District (the”District”) will contract to hold an on-site graduate course during the early release days. The District will pay for the tuition and materials for this on-site session. The Teachers will be responsible for any graduate credit fee that may apply. In choosing the course to be held on-site, the District will make every effort to investigate the graduate credit fee that may apply prior to finalizing the course to be held and will promptly communicate the proposed fee to the Association for discussion and agreement. In the event that the Association is not in agreement with the course and the associated fees, the Association Co-Presidents and the Superintendent/Curriculum Director will review a minimum of two graduate course options that the Superintendent/Curriculum Director has explored in an effort to determine a mutually agreed upon course offering including the associated graduate tuition and fees.

B.  Eligibility

In negotiating with the vendor of the on-site graduate course, the Superintendent/Curriculum Director or Principal will make every effort to arrange for a course that will accommodate the total number of teachers. However, in the event that the on-site course is capped at a certain number of attendees, classroom teachers and specialists will be offered the opportunity to sign up for the graduate class, prior to the class being offered to non-certified staff.

C.  Teachers Who Do Not Take the On-Site Course

In the event that the subject of the course does not directly apply to a teacher (subject to the agreement of the Superintendent/Curriculum Director) or if a teacher has already taken the course (documentation to be provided to the Superintendent/Curriculum Director), that teacher will have the opportunity to pursue other professional development opportunities, subject to the approval of the Superintendent/Curriculum Director. The Superintendent/Curriculum Director will consider the required hours, work and outcome involved in this professional development time as compared with the hours and course work requirements of the on-site graduate course in approving these professional development opportunities. This professional development time will be applied to the hours and credits established in Section 5.1.2 to obtain professional development credit which can be used for lane changes on the salary schedule.

5.1.6       Lane Changes

Upon completion of course work that results in a lane change for a teacher, the teacher will be eligible to make the lane change during the school year. Lane changes will take effect as of September 1st or January 31^st. The Superintendent/Curriculum Director will effect the change upon receipt of the transcript from the teacher. If there is a delay in receiving a transcript from a course taken prior to September 1^st of any year, an appropriate lane change will be granted retroactively to the first day of school that year upon receipt by the administration of the appropriate transcript.

5.2          INSURANCE

5.2.1       General

Teachers, being employees of the Town of Boxborough, are eligible for any and all group insurance policy rates provided to the Town. Each spring, no later than May 15, a representative from the School Department and/or Town of Boxborough will conduct a meeting at the Blanchard Memorial School to discuss the group health insurance policies regarding health, long-term disabilities, and retirement benefits including the Town’s Personnel Administration Plan for the Town of Boxborough, Article XII. It is the teachers’ responsibility to follow the Town guidelines and communicate with the Town. For example, teachers must abide by the enrollment periods.

5.2.2       Insurance Benefits

The Committee, through the Town of Boxborough, will provide the following benefits that are in effect as of June 1, 2009 to all teachers working .5 FTE or any teacher receiving benefits as of June 1, 2009:

Medical Insurance - an Indemnity Plan paid at fifty percent (50%) paid by the Town and an HMO plan paid at percentages paid by the Town as follows:

78% for fiscal year ending 2010 76% for fiscal year ending 2011 75% for fiscal year ending 2012.

Group Life, Accidental Death, and Dismemberment Insurance - the same insurance or its equivalent that is presently in effect and pay fifty percent (50%) of the premium for this insurance for the first ten thousand dollars ($10,000). The amount covered shall be a minimum of ten thousand dollars ($10,000).

Liability Insurance – the Liability Insurance or its equivalent that is in effect as of June 1, 2009

Disability Insurance – the Disability Insurance or its equivalent that is in effect as of June 1, 2009.

Flexible Spending Medical Account expected to be offered as of January 1, 2010. 5.2.3   Changes in benefits

In the event the Town changes benefits or terms relating to insurance, in excess of or more advantageous to the Association, than those provided for in Article XII of the Boxborough Personnel Plan dated as of November 1, 1987, as amended May 12, 2008, such benefits or terms shall prevail to the extent permitted by law.

The Committee and the Association recognize that any reduction in benefits or terms relating to insurance shall be subject to negotiation. The Association shall have the right to request to meet and discuss changes with the Committee.

5.3          RETIREMENT BENEFITS

Retiring teachers are eligible for retirement benefits from the Massachusetts Teachers’ Retirement Board, subject to the rules and regulations of the Massachusetts Teachers’ Retirement Board.

5.3.1       Early Retirement – Option A

As an incentive for early retirement and a reward for dedicated service to the Boxborough Public Schools, an eligible teacher may apply for early retirement and receive a sum of money based on the teacher’s age and length of service. An eligible teacher is one who has taught full or part time in the Boxborough Public Schools for a minimum of ten years and is fifty years old or older. Periods of paid leave under Section 4.1 (except extended sick leave) and Section 4.3 will count toward years of service; periods of unpaid leave under Section 4.2 and Section 4.3 will not count toward years of service.

The teacher must submit in writing to the Superintendent/Curriculum Director his or her intention to retire by January 1^st of the year the teacher plans to retire. The teacher will then retire in June of that year at the close of school. The retirement incentive will be paid to the teacher in accordance with the retirement agreement reached between the Superintendent/Curriculum Director and the retiring teacher, subject to approval by the Boxborough School Committee. The early retirement incentive money will not be counted toward the teacher’s Massachusetts State Retirement benefits.

The amount of payment shall be calculated by finding the difference between the teacher’s last annual salary, including supermax and differentials, and that for Step One at the Bachelor ’s Level for that same year. The difference will then be multiplied by the factor determined by the teacher’s age on the following scale:

Age at birthday in the                         Multiplication

year of retirement                                factor

50-55                                                    1.20

56-60                                                    1.00

61-62                                                    0.90

63-64                                                    0.80

65                                                          0.70

The sum of money as determined will be paid to the teacher at the first pay period in September of the calendar year in which the eligible teacher retires effective at the close of the school year in the preceding June. If a teacher retires midyear, the sum will be paid within three months from the retirement date. Teacher will have the choice of receiving payment in one lump sum; a sum divided into a one half payment in September and the other half payment in June; or a payment spread out over the course of two or three years.

A teacher is ineligible to apply for this early retirement incentive from the Town of Boxborough if he/she receives any other Town or State early retirement payment.

5.3.2       Early Retirement Incentive Option B

In no case can the Option B amount exceed what would be received under section 5.3.1. The early retirement incentive money will not be counted toward the teacher’s Massachusetts State Retirement benefits.

a.     A teacher who gives written notice by May 1^st of any year of an irrevocable intent to retire at the end of the third subsequent year (e.g. notice to retire by May 1998 of the intent to retire in June 2001) shall have her or his final three years’ salary, including all differentials, increased according to the following schedule:

Third to last year of employment                                    12%

Second to last year of employment                                 12%

Last year of employment                                                  12%

b.     A teacher who gives written notice by May 1^st of any year of an irrevocable intent to retire at the end of the second subsequent year (e.g. notice to retire by May 1999 of the intent to retire in June 2001) shall have her or his final two years’ salary, including all differentials, increased according to the following schedule:

Second to last year of employment                                 12%

Last year of employment                                                  12%

c.     A teacher who gives written notice by May 1^st of any year of an irrevocable intent to retire at the end of the year (e.g. notice to retire by May 2000 of the intent to retire in June 2001) shall have her or his final year’s salary, including all differentials, increased according to the following schedule:

Last year of employment                                                  12%

d.     If unforeseen circumstances occur after the May 1^st notification date which creates a hardship for a teacher, The Superintendent/Curriculum Director may permit on a non-precedent setting basis waiving the notice date of May 1^st. If unforeseen circumstances exist which create a hardship for a teacher who has given notice to retire, the Superintendent/Curriculum Director may permit on a non-precedent setting basis waiving the irrevocability of the retirement. The Superintendent/Curriculum Director’s decision is final and not subject to grievance and arbitration provisions of the collective bargaining agreement. If the Superintendent/Curriculum Director permits a teacher to

5.4          ENROLLMENT IN BOXBOROUGH OF CHILDREN OF TEACHERS IN THE BOXBOROUGH PUBLIC SCHOOLS

Teachers may enroll their children in the Boxborough Public Schools. Teachers will not be charged tuition costs. The School Committee agrees to accept children of non-resident teachers under the following conditions:

5.4.1       Any student who is the child of a teacher and who applies to enroll in any Boxborough Public School will be subject to the recommendation of the Superintendent/Curriculum Director and a majority vote of the Committee. Each request will be considered individually, and the Committee reserves the right to accept or reject any placement if it is felt that such placement would not meet the best interests of the school system.

5.4.2       Any teacher who wishes to enroll a child in the Boxborough Public School must apply to the Superintendent/ Curriculum Director by April 1^st, and the School Committee must act not later than the June regular School Committee meeting. In the event that a teacher is hired after April 1st, the teacher may make a request to enroll a child in the Boxborough Public School as soon as practicable and the School Committee will consider the request at its next meeting or as soon as practicable.

5.4.3       No placement shall affect class size to exceed twenty (20) students at the time of the June School Committee meeting.

5.4.4       Transportation of these students will be the responsibility of the student’s family.

5.4.5       These students will be subject to all the School Committee policies, regulations and procedures governing the conduct of every Boxborough student.

5.4.6       These contractual provisions do not apply to placement cost related to day or residential placements in special education programs. These provisions apply solely to all remedial and special education services provided by and within the Boxborough Public Schools. If any extraordinary, individually-based costs such as an individual instructional aide or specific adaptive technology are required, these costs will be the sole responsibility of the student’s family. Boxborough will not be responsible for any related out-of-district special education transportation cost.

5.4.7       No non-resident teacher’s child who is enrolled at Blanchard would be eligible to receive a Blanchard scholarship.

5.4.8       Once a non-resident teacher’s child is enrolled at Blanchard, that child retains a place until the completion of Grade 6.

5.5          ENROLLMENT OF CHILDREN BELONGING TO BOXBOROUGH TEACHERS IN THE ACTON-BOXBOROUGH REGIONAL SCHOOL SYSTEM

5.5.1     Any child of a Boxborough teachers’ bargaining unit member who applies to enroll in the Regional Schools shall be subject to the recommendation of the Regional Superintendent and a majority vote of the Acton-Boxborough Regional School Committee. Each request shall be considered individually and, as such, the Committee reserves the right to accept or reject any placement if it is felt that such placement would not meet the best interest of the Towns and/or School District.

5.5.2     Registration must be completed by March 15 preceding the September admission.

5.5.3     Transportation of these students shall not be the responsibility of the School District.

5.5.4     These provisions do not apply to placements in day or residential schools pursuant to Special Education Regulations. These provisions apply solely to regular education programs. Children requiring services pursuant to Special Education Regulations shall be admitted into the regular education program only if the Boxborough teachers’ bargaining unit member or the town in which the child resides agrees to pay tuition for the special education services, and on the Superintendent’s recommendation.

5.5.5     There shall be a maximum of one (1) such child per grade level in grades 7 and 8. If more than one child applies for admission, then one shall be selected by lottery administered by the Acton-Boxborough Regional School Committee. If a lottery is required, it shall take place as soon as possible after the registration deadline.

5.5.6     The students shall be subject to all the Acton-Boxborough Regional School Committee policies, procedures, and regulations governing student conduct.

6.0          REDUCTION IN FORCE

It is hereby recognized that it is within the sole discretion of the Committee to reduce the educational program and staff. If a reduction of teachers with professional-teacher status is necessary because of a decrease in enrollment or because of insufficient funding, such a reduction shall be accomplished in accordance with this paragraph.

6.1    NOTIFICATION

To the extent reasonably possible, the Committee shall provide written notice to the Association and to the teacher(s) to be affected by the reduction in force, providing reasons for said reduction and specifying the effective date of termination; this notice is to be sent no later than the June 15^th preceding the start of a school year. Nothing herein is intended to limit the Committee from making reductions in force during a school year when circumstances warrant the same.

6.2    CATEGORIES OF TEACHING AREAS – DEFINITION OF SENIORITY

There shall be established the following categories of teaching areas and categories of employees. A teacher will be placed in each category for which he/she is certified. Length of service is the number of years and/or parts thereof of service in the Boxborough Public School System from the first day a teacher started teaching as a teacher under contract. This determines seniority within a category.

6.2.1    Classroom Teachers

Pre-K through Grade Eight with elementary experience,based on Massachusetts licensure, and professional-teacher status pursuant to Chapter 71, section 41, of the General Laws of Massachusetts.

6.2.2    Special Subject Teachers

Special subject teachers include art, music, physical education, special needs, reading specialist, speech/language pathologist, guidance counselor, school librarian/media specialist, math specialist, psychologist, and instructional technology specialist. For purposes of application of the provisions of 6.3 below, each special subject shall be considered an individual category.

6.3    ORDER OF REDUCTION

Reduction of force for teachers without professional teacher's status will be at the discretion of the Principal in consultation with the Superintendent/Curriculum Director. In the event that it is necessary to reduce force in a particular category of teaching and all teachers not holding professional-teacher status within that category have been terminated, teachers holding professional-teacher status within that category shall be terminated with length of service being the determining factor. If, however, a teacher during the previous five (5) years has had increment withheld according to the step increment procedure in this contract, that teacher will be the first of the professional-status teachers to be considered for reduction of force regardless of seniority. If more than one professional-status teacher has had increment withheld during the previous five (5) years, then the teachers who most recently had increment withheld will be the first of the professional-status teachers to be considered for reduction of force. If, of these teachers, more than one teacher has had increment withheld in the same year, then the Superintendent/Curriculum Director’s and/or Principal’s evaluation and recommendation will determine which teachers will be the first of the professional-status teachers to be considered for reduction of force.

6.4    PROVISIONS FOR RECALL

6.4.1    Length of Eligibility for Recall

Any teacher terminated pursuant to this article shall have recall rights to any position which becomes vacant and for which he/she is currently certified for a period of three (3) years from the effective date of termination.

6.4.2    Benefits During Recall Period

All accrued benefits at the commencement of the layoff will be restored upon return to duty. No benefits will accrue during the layoff period.

6.4.3    Salary at Time of Recall

Teachers will return to the salary step that they were on at the time of the layoff, except that teachers who served more than ninety-two (92) school days in a school year will be moved to the next step on the salary schedule. Teachers on layoff who accumulated sufficient educational credits to affect lane movements on the salary schedule will be moved to the appropriate lane upon return to duty.

6.4.4    Order of Recall

Professional-status teachers shall be recalled in reverse order of layoff into positions for which they were certified at the time of layoff.

6.4.5    Preference as Substitutes

All professional-status teachers laid-off pursuant to this paragraph shall be given preference for substitute/temporary positions if they so desire.

6.4.6    Procedure for Recall

The Committee shall notify a teacher to be recalled by certified mail (if a card is returned “not accepted”, it shall be sufficient notice) to his/her last address of record. If a teacher fails to notify the Superintendent/Curriculum Director within twenty (20) working days from the date of receipt of said notice, he/she shall forfeit all recall rights.

7.0          TEACHER EVALUATION

Due to an ongoing pilot of a new evaluation tool, the Teacher Evaluation process needs to be revised. Refer to Section 10 at the end of this agreement.

The intent of evaluation is to provide meaningful feedback, identify the characteristics of the educational environment provided by each staff member, and to set the goals, needs, and methods toward instructional improvement and/or professional development. All observation of the work performance of a teacher will be conducted openly and with the full knowledge of the teacher. Teachers will be shown any observation evaluation report prepared by their supervisors in a timely manner and will have the right to discuss such reports with their supervisors.

7.1          GOAL SETTINGS

Teachers will set yearly professional goal(s) at the beginning of each school year. Feedback and assessment opportunities will occur periodically during the school year. Final assessment of goal attainment will be included in the summative evaluation. Teachers with professional status who are not being evaluated during the current evaluation cycle (the school year), are encouraged to set goals. A teacher who has completed the procedures for early retirement need not be included in the evaluation process.

7.2        FORMAL OBSERVATIONS

7.2.1           All teachers holding professional-teacher status will be formally observed, with prior notice, a minimum of once every other school year. The summary evaluation form for professional  status teachers will be used to review all observations and be   submitted to each evaluated teacher by the end of the month of May in the school year during which the formal observation takes place. All formal observation reports will be attached to the summary evaluation form.

7.2.2           Teachers without professional-teacher status will be formally observed, with prior notice, a minimum of twice per school year. The summary evaluation form for teachers without professional-teacher status will be used to review all observations by the end of May of each school year. All formal observation reports will be attached to the summary evaluation form.

7.2.3           The teacher evaluation/observation form will reflect the mandated Department of Education observation criteria. Formal observations will follow a pre-observation conference, observation, post-observation conference format.

7.2.4           Formal observations may be performed at any school related activity, including, but not limited to, lessons, field trips, and other professional responsibilities. Documentation may be completed in a number of ways, including, but not limited to, description of the activity, interaction analysis, or other confirmation of goals previously set. The observation and documentation method will be agreed upon during pre-conference.

7.2.5       The Superintendent/Curriculum Director and/or Principal may evaluate special educators as part of the formal and informal observation process.

7.3          INFORMAL OBSERVATIONS

Administrative evaluators will maintain a “classroom log” based upon unannounced informal classroom observations of professional teachers and of teachers not yet at professional-teacher status. The frequency and duration of informal observations will vary.

7.3.1       The classroom log is intended to assist the administrative evaluators and the teacher in setting goals, assessing progress toward goal attainment, providing possible focus for future formal observations or evaluations, providing additional information toward a summary evaluation, or providing general feedback.

7.3.2       Entries in the classroom log are intended for the use of the teacher and the administrative evaluators for the purpose of achieving the criteria listed in Section 7.3.1.

7.3.3       The teacher will receive a written copy of any log entry in a timely manner.

7.3.4       Teachers may submit written responses or comments to any log entry. These responses will become part of the yearly log.

7.3.5       All log entries, and copies of entries, will become the property of the subject teacher upon the completion of the summary evaluation.

7.4          SUMMATIVE EVALUATION

A yearly summative evaluation will be completed for each professional-status teacher on or before the last day of May of the school year in which the teacher was formally observed. A yearly summative evaluation will be completed for each teacher not yet at professional-teacher status on or before the last day of May of each school year. Notification of non-renewal will be made subsequent to the completion of the employee’s evaluation cycle, on or before the last day in May.

7.4.1     A summative evaluation will reflect the nature and content of all previous formal and informal observations of that school year.

7.4.2     It is understood that summative evaluation will be derived from   multiple sources, including topics suggested by the subject teacher. A teacher may add comments to the final written summative evaluation that will become part of the teacher’s permanent record. This is in accordance with Section 3.2. A section will be included on the Summative Evaluation Form for this purpose.

7.4.3     The summative evaluation of the Special Education staff will be the result of the collaborative efforts of the Superintendent/Curriculum Director and/or Principal and the Director of Pupil Services.

7.5          EVALUATORS

7.5.1           The Director of Pupil Services will have substantial responsibility for the Special Education staff evaluation. To ensure sufficient and appropriate background to implement Section 7.4.3, the Superintendent/Curriculum Director and/or Principal or his/her designee may perform at least one of the formal or informal observations for each Special Education staff member.

7.5.2           The Superintendent/Curriculum Director and/or Principal may conduct a formal observation of each professional status and each non-professional status teacher. At the Principal’s discretion, the Special Education Administrator may assist in conducting formal staff evaluations, and may assist in the informal observation process and provide input to the summative evaluation. The Special Education Administrator may assist in evaluating only the staff who come under his/her direct supervision. A professional-status teacher may request that only    the Principal conduct the formal and informal observations. Only the Principal will write up the summative evaluation.

8.0          GRIEVANCE PROCEDURE

8.1    PURPOSE

The purpose of the procedure presented below is to produce prompt and equitable solutions to grievances which might occur between administrators of this Agreement and the teachers employed under this Agreement.

8.2    DEFINITION OF TERMS

Terms used in Section 8.0 are defined as follows:

Grievance – a complaint by a teacher, or a group of teachers, that there is or has been a violation, misinterpretation, or misapplication of the terms of this Agreement.

Days – days of the school year on which teachers are required to report and summer vacation days, exclusive of weekends and holidays.

Administrator – the Superintendent/Curriculum Director, Principal, Director of Special Education.

Out-of-school-hours – all hours other than those of the regular school day and hours of early release days.

8.3    MEETING BEFORE FILING FORMAL GRIEVANCE

To allow for the fastest and most amicable solution to problems, the aggrieved teacher shall, when feasible, first attempt to settle the matter with the Principal before resorting to formal grievance procedures. If this attempt fails to solve the problem, the aggrieved teacher shall follow the procedure outlined in Section 8.6 of this contract. This meeting will take place within three (3) days of the incident/action leading to the grievance.

8.4    PRESENTATION OF GRIEVANCE

A grievance may be presented in accordance with this procedure by any teacher, with or without the support of the Association. In the latter case, the disposition of the grievance shall be consistent with the provisions of this Agreement and written notice of the initiation of any decisions relative to such grievance shall be provided to the Association by the Principal. The Association may be heard at any step in the process, if it so desires.

8.5    RESULTS OF TIME LIMITATIONS

The interpretation of actions relative to time limitations shall be as follows:

(a)     If a designated administrator fails to provide his or her decision in writing within the specified time limits, the grievance shall be deemed to have been denied on the day the decision was due and the grievance shall be eligible to be carried to the next higher level.

(b)     No grievance shall be considered which is not presented within the time limits specified in Level One (as specified in Section 8.6 below).

(c)     Failure on the part of the teacher to appeal a decision to the next higher level within the specified time limits shall be considered as acceptance of the decision.

(d)     Specified time limits will be considered maximum unless extended by mutual agreement. Agreement to extend time limits must be verified in writing by both parties to this Agreement.

8.6          FORMAL PROCESSING OF A GRIEVANCE

The formal processing of grievances shall be undertaken only during out-of-school hours and as specified below:

8.6.1    Level One

8.6.1.1        If a matter has not been settled to the aggrieved teacher’s satisfaction by informal discussion as provided in Section 8.3 above, the teacher shall, within fifteen (15) days after the date on which the circumstance giving rise to the grievance became known to the aggrieved teacher, present his or her grievance in writing to the Principal. Said complaint must specify the paragraph in the contract being grieved.

8.6.1.2        Within five (5) days after receipt of the written grievance, the Principal, or his designated representative, shall meet with the teacher and a representative or representatives of the Association in an effort to settle the grievance.

8.6.1.3        The Principal shall provide his or her decision in writing within five (5) days of the date of this meeting. Copies of the written decision shall be sent to the aggrieved teacher and to the President of the Association.

8.6.2    Level Two

8.6.2.1        If the grievance has not been settled at Level One to the satisfaction of the aggrieved teacher, the grievance shall be presented in writing to the Superintendent/ Curriculum Director within five (5) days of receipt of the Principal’s decision.

8.6.2.2        The Superintendent/Curriculum Director shall meet with the aggrieved teacher, the Principal, and a representative of the Association within ten (10) days after receipt of the grievance by the Superintendent/Director of Curriculum.

8.6.2.3        The Superintendent/Curriculum Director shall provide its decision in writing within five (5) days of the date of the meeting. Copies of the written decision shall be sent to the aggrieved teacher, the President of the Association, and the Principal.

8.6.3    Level Three

8.6.3.1        If the grievance has not been settled at Level Two to the satisfaction of the aggrieved teacher, the grievance shall be presented in writing to the Chairperson of the Committee within ten (10) days of receipt of the Superintendent/Director of Curriculum’s decision.

8.6.3.2        The Committee shall meet with the aggrieved teacher, the Superintendent/Director of Curriculum, and a representative of the Association within twenty-five (25) days after receipt of the grievance by the Chairperson of the Committee.

8.6.3.3        The Committee shall provide its decision in writing within ten (10) days of the date of the meeting. Copies of the written decision shall be sent to the aggrieved teacher, the President of the Association, and the Superintendent/Director of Curriculum.

8.6.4    Arbitration

8.6.4.1        If the grievance is not settled at Level Three, than an impasse has been reached and the grievance may be taken to arbitration by either the Association or the Committee. The party desiring arbitration shall provide written notification to the other party to this Agreement of its intention within twenty (20) days after receipt of the decision of the Committee.

8.6.4.2        Arbitration shall be conducted in accordance with the provisions of this Agreement and the applicable Voluntary Labor Arbitration Rules of the American Arbitration Association to the extent that such Rules are not in conflict with the provisions of this Agreement.

8.6.4.3        Either party to this Agreement shall have the right to question whether a specific grievance has sufficient substance to be arbitrated. This right may be exercised in arbitration or in any appropriate forum where representatives of both parties are in attendance.

8.6.4.4        The costs of arbitration shall be divided as follow:

(a)                 Each party to an arbitration shall bear the total cost of preparing and presenting its own case.

(b)                 The expenses of the arbitration proceedings, including the fees and expenses, if any, of the arbitrator, shall be borne equally by the Committee and the Association.

8.6.4.5        The function of the arbitrator is to determine the interpretation and application of specific provisions of this Agreement. There shall be no right in arbitration to obtain, and no arbitrator shall have any authority or power to award or determine changes of any type to the provisions of this Agreement.

8.6.4.6        The decision of the arbitrator, if within the scope of his or her power and authority under this Agreement and made in accordance herewith, shall be final and binding on both parties involved.

8.6.4.7        The arbitrator shall furnish his or her opinion in writing to the Chairperson of the Committee and to the President of the Association. The written opinion shall specify reasons for the arbitrator’s decision.

8.6.4.8        Unless both parties agree prior to arbitration, each grievance shall be separately processed in any arbitration proceedings.

8.7          RETROACTIVITY OF SETTLEMENTS

Settlements of grievances under this paragraph, whether at Level One, Level Two, Level Three, or Arbitration, may or may not be retroactive depending upon the circumstances of each grievance.

9.0          SALARY TABLES AND PROCEDURES

9.1          TEACHER’S SALARIES

Salary Tables

Teachers' 2009-2010 First Half Of Year Increase = .5% over 2008-2009 + 295

Teachers' 2009-2010 Second Half Of Year Increase = .75% over 2008 - 2010 + 295

Teachers' 2010-2011 First Half of Year Increase = 1.5% over 2009-2010 + 312

Teachers' 2010 2011 Second Half of Year Increase = 1.7594 over 2009 2010 312

Teachers' 2011-2012 Increase = 1.7696 over 2010-2011 + 331

Notes:        In order to be eligible for step movement from Step 3 to Step 4, teachers are required to have successfully completed six (6) graduate credits of approved course work.

In order to be eligible for step movement from Step 6 to Step 7, teachers are required to have successfully completed an additional six (6) graduate credits approved by the Superintendent/Curriculum Director.

In order to be eligible for Step 10, an additional three (3) credits of approved course work must be on file in the Superintendent/Curriculum Director’s office.

9.2              Supermax

A Supermax shall be added and shall accumulate annually to the base pay of all full-time teachers’ salaries after the successful completion of the maximum step. The base pay is determined by the maximum step of the contracted salary schedule. A Supermax is then added for each additional year of experience beyond the maximum step based on the current Supermax rate for that year. The amount of Supermax for the term of this agreement is $1273 if the Supermax is increased in a subsequent year; the amount of increase is not retroactive for a teacher presently receiving Supermax. A teacher who is going to receive Supermax begins with the rate fixed for that year. Part-time teachers will receive a prorated portion of the Supermax consistent with the full-time equivalency status of the teacher. Eligibility for step movement to the Supermax level will be contingent on the following conditions:

(a)                 The teacher must have served at least ninety-two (92) days as defined by 4.1.2(d).

(b)                 Teachers on the Bachelors salary lane are not eligible for Supermax increment.

(c)                 The Supermax increment provision is retroactive.

(d)                 The Supermax increment may be awarded to teachers who are also receiving horizontal lane changes.

Supermax history through the duration of this contract is as follows:

9.3          NURSES’ SALARIES

Salary Tables

 

 

 

 

9.4          INCREMENT PROCEDURES

Unlike salary wage increase and horizontal lane adjustments, step and Supermax increments are not to be considered automatic. The Superintendent/Curriculum Director will recommend to the School Committee by April 15 those teachers who will be receiving increment adjustment for the following year. Any teacher who is at risk of not receiving increment adjustments will be notified in writing by January 1 of the school year prior to the school year in which the step increment is to be withheld, except first year teachers who must be notified in writing by February 1^st.

In the absence of these initial notifications, increments may not be withheld under the provisions of this article. It is further understood that withholding increments is not to be considered a means to reduce the school’s operating budget. There is no implicit assumption that a normal bell curve will dictate the number of teachers to be affected by these provisions.

Any teacher or nurse affected by the provisions in this article will be subject to the following procedures:

(a)           Teachers or nurses will only have increments withheld for unsatisfactory performance. For the purposes of these provisions, “unsatisfactory performance” will generally be defined as follows:

The teacher or nurse, by virtue of documented and signed observations, has demonstrated substantial deficiency in meeting one or more Professional Standards in Section 1.2 of this Agreement.

It is understood that the purpose of all the provisions described n the article is to improve the quality of the instructional program by virtue of improvement of the teaching process and related services to students in the Boxborough Public Schools.

(b)                 Any teacher or nurse who is notified that the Superintendent/Curriculum Director is intending to recommend withholding increment adjustments may request a member of the Boxborough Teachers’ Association become involved in the meeting(s) with the Superintendent/Curriculum Director.

(c)                 The initial letter of notification is to describe the reasons why step increment is going to be withheld and what specific steps would be necessary for the teacher or nurse to take to be granted a step increment recommended by April 15.

(d)                 The Superintendent/Curriculum Director and the teacher or nurse will meet to discuss the reasons for the initial notification. At this meeting, the Superintendent/Curriculum Director will offer specific suggestions to assist the teacher’s or nurse’s effort to improve his/her performance. As many meetings as reasonably possible will be held to assist the teacher’s or nurse’s efforts.

(e)                 The teacher or nurse is to be notified in writing by March 1 of his/her progress toward receiving increment credit for the school year.

(f)                  By April 1, the teacher or nurse will be notified in writing of the Superintendent/Curriculum Director ’s decision as to whether or not increment credit will be recommended to the School Committee.

10.0        DURATION CLAUSE

Both parties agree that any Agreement existing previous to the settlement of this contract shall terminate on August 31, 2009, and that this contract shall take effect on September 1, 2009 and have a duration of three (3) years terminating August 31, 2012. In the event that a new Agreement is not reached by September 1, 2012, the conditions of this contract shall remain in full effect. This contract may be reopened only for the purposes of: (a) negotiating a new Teacher Evaluation process.

Either party may open negotiations for a successor Agreement by giving written notice prior to November 1, 2011.

11.0        List of Memoranda of Agreement

A.            Drug Free Schools

B.            Hold Harmless

MEMORANDA OF AGREEMENT

A.            Drug-Free Schools & Community Act

In accordance with the federal Drug-Free Schools and Community Act (P.L. #101-226), the Boxborough School Committee declares the Blanchard School a Drug-Free School. To fully comply with this public law, the Boxborough School Committee requires the school to prevent the bringing in, making, using, handing out or selling, and possession of illegal drugs and alcohol on school property.

The Boxborough School Committee recognizes that problems arising from drug and alcohol dependency or abuse can be successfully handled in a majority of cases, provided they are recognized in the early stages and referral is made to the appropriate resource. Any employee experiencing job related problems resulting from drug, narcotic, or alcohol abuse or dependency is encouraged to seek counseling and treatment from his/her physician. In instances where it is necessary, sick leave may be applied for in cases needing in-patient treatment or rehabilitation.

The unlawful manufacture, distribution, dispensation, possession, or use of controlled substances or alcohol is prohibited while on duty on school department property or school related activities. Any violations of this policy will be grounds for disciplinary action up to and including immediate suspension and dismissal subject to the provisions of the existing collective bargaining agreement, according to Mass. General Laws, Chapter 71.

School employees found in violation of this policy in regard to alcohol possession will be suspended without pay for two (2) weeks for the first violation. Any subsequent violation of the alcohol policy may result in the termination of employment. Compliance with the Drug Free School and Community Act is mandatory.

B. Hold Harmless Agreement

Side Letter of Agreement/ Hold Harmless Claus

This Side Letter of Agreement /Hold Harmless Clause pertains to a teacher with Professional Status leaving the Collective Bargaining Unit who takes an administrative position of .5 FTE or more within the Boxborough School System.

1.       By May 1 of each year, either party may give notice to terminate the administrative contract and have the option to return to a comparable teaching position for the upcoming school year.

2.       Seniority will have been frozen as of the date the Unit A teacher leaves the Unit. He/she would not continue to gain seniority credit for teacher service while serving as an administrator.

3.       Salary designation would be based on the past number of years teaching, degrees earned, and all Supermax credits that would have been accrued during the total years of employment.

4.       Sick days which were accrued as a teacher would be transferred back to the employee upon returning to a Unit A position.

5.       The administrator must remain in the employment of the Boxborough School system. These conditions would not pertain if the administrator accepted a position in another system and decided to return to the Boxborough Teacher’s Association.

6.       This Hold Harmless Claus would be in effect for the duration of the current contract.

Negotiating Teams

School Committee                              BTA

Brigid O. Bieber                                    Lawrence Follet

Maria Neyland                                     Jason Dimen

Janet LaVigne

EXHIBIT A

SICK LEAVE BANK PROCEDURES DATED AS OF 08-06-09

In order to provide insurance from loss of pay because of longer-term illness or injury, a Sick Leave Bank shall be established. A teacher who elects to participate in the Sick Leave Bank in a given school year, must donate a minimum of four (4) sick days to the Sick Leave Bank for that school year, to be stated in the individual teacher's annual contract to be received on or before September 1 of each school year. If a teacher does not contribute sick days to the Sick Day Bank in a given school year, that teacher will not be eligible to participate in the Sick Leave Bank in that school year.

The Sick Leave Bank shall be used to pay for salary up to the number of days available in the Sick Leave Bank but no more than the number of days remaining in the school year.

No days shall be withdrawn from the Sick Leave Bank for any purpose other than prolonged illness of or injury to the teacher. Days may not be withdrawn to permit an individual to stay home to care for a member of the family. Days may be withdrawn for purposes of maternity only if serious medical complications arise.

The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of three members: The Superintendent/Curriculum Director or his/her designee, and two teachers designated by the BTA. All decisions made by the Sick Leave Bank Committee pursuant to the Sick Leave Bank Procedures must be unanimous. The Sick Leave Bank Committee shall determine the eligibility for the use of the Sick Leave Bank and the amount of leave to be granted, and has discretionary authority to review and grant individual requests according to the provisions of the then current Contract between the Boxborough School Committee and the Association. The following criteria shall be used by the Sick Leave Bank Committee in administering the Sick Leave Bank and determining eligibility and amount of leave:

(1)    Adequate medical evidence of serious illness or injury

(2)    Prior utilization of all eligible sick leave

All returning teachers shall be notified of their number of accumulated days of sick leave on or before September 1 of each school year. The Boxborough School Administration will be responsible for the accounting of additions and disbursements to and from the Sick Leave Bank and shall provide timely access to such accounts and an annual report to the Association no later than October 1 of each school year.

These Procedures may be amended from time to time by the unanimous vote of the Sick Leave Bank Committee.