Brimfield

Show detailed information about district and contract

DistrictBrimfield
Shared Contract District
Org Code430000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency UnionUnion 61 Tantasqua
Regional HS MembersTantasqua
Vocational HS Members
CountyHampden
ESE RegionCentral
Urban
Kind of Communitysmall rural communities
Number of Schools1
Enrollment344
Percent Low Income Students12
Grade StartPK or K
Grade End6
download pdf version of this document view accessible version of this document Brimfield

CONTRACT

BETWEEN THE

BRIMFIELD TEACHERS' ASSOCIATION

AND THE

BRIMFIELD SCHOOL COMMITTEE

2012-2015

TABLE OF CONTENTS

ARTICLE

PAGE

I Preamble

1

II Duration

1

III Recognition

2

IV Negotiations Procedures

3

V Grievance Procedure

4

VI Employment and Placement

6

VII Qualifications for Increments

6

VIII Temporary Leaves of Absence

7

IX Sick Leave

8

X Extended Leaves of Absence

10

XI Retirement

12

XII Payroll Deductions

13

XIII Job Share

15

XIV Non Discrimination

16

XV Acting Principal

16

XVI Reduction in Force

16

XVII Evaluation Procedure

18

XVIII Miscellaneous

32

XIX Work Year/Work Day

35

XX Method of Payment

37

XXI Management Rights

37

XXII Salary

37

XXIII Acceptance

38

Appendix A Salary Schedule

39

Pursuant to the provisions of Section 1781 of the General Laws of Massachusetts, THIS CONTRACT IS MADE, BY THE BRIMFIELD SCHOOL COMMITTEE (hereinafter sometimes referred to as the Committee) and THE BRIMFIELD TEACHERS' ASSOCIATION (hereinafter sometimes referred to as the Association).

ARTICLE I

Preamble

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

A.      Under the law of Massachusetts, the Committee elected by the citizens of Brimfield, has final responsibility for establishing the educational policies of the public school of Brimfield.

B.      The Superintendent of School Union #61 (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established.

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

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

ARTICLE II

DURATION

This agreement shall be effective from July 1, 2012 through June 30, 2015 and shall thereafter automatically renew itself for successive terms of one (1) year unless by the November 1st next prior to expiration of the contract year involved either the Committee or the Association shall have given the other written notice of its desire to modify or terminate this contract.

ARTICLE III

RECOGNITION

A.  Definition of Employee Unit

1.   It is understood and agreed that the Committee, acting in accordance with the

authority of Section 4 of Chapter 150-E of the Massachusetts General Laws, has recognized the Association as the exclusive representative for purposes of collective bargaining of the Town of Brimfield School Department employee unit identified as follows:

All teaching personnel employed by the Brimfield School Committee who hold licenses under Chapter 71 of the Massachusetts General Laws, and all other personnel who hold such licenses and who perform a school-related function such as librarians, reading coordinators, guidance counselors, reading specialists, therapists, integration specialists, psychologists, adjustment counselors, and school nurses.

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

3.  Excluded from the unit, the Superintendent, Associate and Assistant

Superintendents, Principals, Assistant Principals, permanent substitutes, day to day substitutes, and all other employees of the Municipal Employer.

B.  Scope

1.    If any part of this contract is judged illegal, all other parts will remain in effect.

2.    Nothing in this Agreement shall be deemed to derogate from, or impair any power, right or duty conferred upon the School Committee and the Superintendent by statute or rule or regulation of the Commonwealth.

3.    This Agreement is a complete Agreement between the parties covering all mandatory subjects of discussion. The parties agree that relations between them shall be governed by the terms of this Agreement.   No prior agreement or agreements have been reduced to writing and duly executive by both parties subsequent to the date of this Agreement.   All matters not dealt with herein shall be treated as having been brought up and disposed of. Neither the Committee nor the Association shall be under any obligation to discuss any modifications or additions to this Agreement which are to be effective during the term thereof.   No change or modification of this Agreement shall be binding on either the Committee or the Association unless reduced to writing and executed by the respective duly authorized representatives.

ARTICLE IV

NEGOTIATION PROCEDURE

A.     Either party may initiate a request to enter into negotiations over the terms of a successor agreement by November 1st of the year preceding the year in which the agreement expires. Negotiations will commence within thirty (30) days after the request is received unless an extension is agreed to by both parties.   If a new agreement has not been reached prior to the expiration of the current agreement, then the provisions of the current agreement shall be maintained in full force and effect until such time as the parties execute a successor agreement.

B.      Notwithstanding any other provisions in this Contract to the contrary, and in the event that the School Committee considers any change in the provisions of Paragraph A above, it will negotiate such change directly with the Association. During negotiations meetings between the parties, the Committee and the Association will present relevant data, exchange points of view, and make proposals and counter proposals.   All pertinent records and information within the Committee's possession will be made available for inspection to the Association. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiations.   Any agreement reached will be reduced to writing, will be signed by the Committee and the Association, and will become an addendum to this Agreement.   If the negotiations results in impasse or if either party is dissatisfied with the progress of negotiations, resolution of the impasse will be sought in conformity with provisions of the collective bargaining law. The Committee will not adopt a change in the provisions of Paragraph A above until negotiations on the proposed change have been completed and an agreement with the Association consummated.

ARTICLE V

GRIEVANCE PROCEDURE

A.  A grievance shall mean a complaint, a violation, misinterpretation, or inequitable application of any of the provisions of this contract. As used in this section, the term “member” shall mean also a group of members having the same grievance.

B.  The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time arise and affect the wages, hours, and conditions of employment of the employees covered by this Contract. The Committee and the Association desire that such procedures shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level involved; and nothing in this Contract shall prevent any such employee from individually presenting any grievance of the employee.

C.  Level One:   Employees are encouraged but not required to discuss alleged violations with the appropriate intermediate supervisor prior to filing a grievance at Level One, however, such informal discussions, if they occur, shall not operate so as to extend the time limits set forth herein.   The grievance shall be presented in writing by the aggrieved employee to the employee’s Principal.   The Principal’s determination of the grievance shall be in writing to the grievant and the Superintendent.

D.  Level Two:   If the grievance shall not have been disposed of to the employee's satisfaction within five (5) working days after submission to Level I, the grievance may be filed in writing with the Superintendent, who shall, within five (5) working days after receipt of the Level II grievance, meet with the aggrieved employee, and or a representative from the Brimfield Teachers' Association in an effort to settle the grievance.   The Superintendent's determination of the grievance shall be in writing to the grievant and the Chairman of the School Committee.

E. Level Three:   If the grievance shall not have been disposed of to the employee's satisfaction within five (5) working days after the meeting with the Superintendent, as provided in Level II above, the grievance may be filed in writing with the School Committee who shall meet with the aggrieved employee, and/or a representative from the Brimfield Teachers' Association within fifteen (15) working days or by the next regularly scheduled school committee meeting after receipt of the Level Three grievance in an effort to settle the grievance.   At this level, both parties may bring in a representative of their choice. The School Committee’s determination of the grievance shall be in writing to the grievant, within ten (10) working days. Level Three of the grievance procedure shall apply only to those grievances which are within the jurisdiction of the school Committee after the Education Reform Act of 1993.   If the Committee determines that a grievance is not within its jurisdiction, it shall so notify the Association at which point the Association shall have the option to appeal the decision as provided under Level Four.   Such appeals shall be made within ten (10) working days of notification by the School Committee.

F.  Level Four: If The grievance is not resolved at Level Three, the Association may appeal the grievance to arbitration through the American Arbitration Association (AAA), in accordance with the rules of the AAA. Such an appeal must be filed within ten (10) working days of the decision or notification under Level Three. The authority of an arbitrator hereunder shall be limited to determining whether a specific provision of this Agreement has been violated and the arbitrator shall have no authority to modify, add to or delete any term of this Agreement. Arbitration fees shall be shared equally between the parties.

G. If at the end of the fifteen (15) working days next following the occurrence of any grievable dispute, or the date of first knowledge of its occurrence by any employee affected by it, a grievance shall not have been presented at Level One of the procedure set forth above, the grievance shall be deemed to have been waived; and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified therefore.

H. If any employee covered by this Contract shall present any grievance without representation by the Association, the disposition, if any, of the grievance shall be consistent with the provisions of this Contract; and if the Association shall so desire, it shall be permitted to be heard at each level of the procedure, beginning at Level Two, under which the grievance shall be considered.

I. No written communication, other document, or record relating to the grievance shall be filed in the personnel file maintained by the School Department of Brimfield for any employee involved in presenting such grievance. Only the subject matter which is proper material for inclusion in a teacher’s personnel file, apart from the grievance procedure, shall be filed. If material which is included in the personnel file is grieved, it will only be removed from the file if it is the determination of the grievance to do so.

J. If in the judgment of the Association the grievance does not fall under the jurisdiction of the building principal or a grievance affects a group or class of teachers, the Association may submit such a grievance in writing to the Superintendent directly and the processing of such grievance will be commenced at Level Two, provided, however, that the presentation shall be made by no more than three (3) persons.

K. Times for meeting to discuss grievances shall be scheduled outside of school hours unless, in the judgment of the Superintendent, a meeting during school hours is desirable to facilitate production of appropriate information.

L. For any grievance not resolved by the last working day of the school year or for any grievance initiated during the month of June, the phrase “working days” shall no longer apply and the phrase “week days” shall apply until the first working day of the next school year. In the event the Principal and/or Superintendent or the grievant cannot meet said schedule, the parties agree to provide for flexibility during the summer schedule. The grievance shall be heard at Level Three by the School Committee at their next regular meeting.

ARTICLE VI

EMPLOYMENT AND PLACEMENT

A.      A teacher upon initial employment in the Brimfield School(s) of School Union #61* will be placed on a step in the salary schedule as recommended by the Superintendent. Consideration will be given to all full time public or private school teaching experience. Consideration also will be given to full time substitute teaching experience where the candidate has assumed full professional responsibility for a regular teaching position for a period equal to or greater than 93 consecutive school days.

B.      A teacher upon initial employment in School Union #61, with the recommendation

of the Superintendent and the approval of the School Committee, will receive 1/2 credit on the salary schedule for each year in military service or Peace Corps. For national service other than the military or Peace Corps, credit will be determined by the Superintendent. provided such service follows the teacher's college training.   Such service will be credited to a maximum of three (3) years with ten months equal to one year. This decision will not be grievable or arbitrable.

C.       To assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned classes, except temporarily and for good causes, outside the scope of their Elementary Teaching License and for their major or minor fields of study.

D.       Transfer: A teacher who is being transferred involuntarily will be notified in writing. The Principal will meet with the teacher to discuss the transfer if such a meeting is requested.

E.       All regular part-time employees shall receive benefits, other than insurance benefits, on a pro-rata basis relative to the full time equivalency.   All prorated personal days will be rounded up to the nearest one quarter day.

ARTICLE VII

QUALIFICATIONS FOR INCREMENTS

A.      Annual step and lane increases based on the existing salary schedule shall be included in the budget for each teacher. These step increments for each teacher are not automatic, but are contingent upon satisfactory service which shall be determined by the Superintendent and the Principal.   Such step and lane increments shall become effective at the start of each school year if documentation on lane movement has been received by August 1. Documentation received by October 1 will receive 100% of lane increase and documentation received by February 1 will receive 50% of lane increase.

B.      Teachers must have been employed in School Union #61 during the prior year for a minimum of ninety-three consecutive days to be eligible for advancement on the salary schedule the following August.

C.      Courses outside a M.A., M.Ed., or a Doctorate program are to be approved in advance by the respective Principals.   Courses related to the teacher’s Individual Professional Development Plan, the School Improvement Plan, District Improvement Plan, approved graduate program, or applicable for licensing or relicensing, will be approved by the Principal.   If questionable cases arise between the Principal and the teacher, the Superintendent will be consulted.

D.      The tuition cost for professional improvement courses related to the teacher’s Individual Professional Development Plan, the School Improvement Plan, District Improvement Plan, approved graduate program, or required for licensing shall be reimbursed up to the actual cost, not exceed the cost of a three (3) credit course at Worcester State College.   Each teacher is eligible for one course reimbursement per year.

a.  A maximum of ten course reimbursements will be funded each year.   Teachers must get course pre-approval from their principal in order to be eligible to receive reimbursement.

b.  In order to receive the above stated reimbursement, the grade must be a B or better or Pass in the case of a Pass/Fail course.   Reimbursement will be paid through accounts payable following submission of the required documentation after the next regularly scheduled school committee meeting.

c.  The Association will conduct a lottery to determine which ten (10) eligible teachers will be reimbursed.   After successful completion of an approved course, teachers may submit their name to their building representative who will conduct the lottery.   There will be two drawings: January 15th and June 15th.   Five (5) individuals will be selected at each drawing. Teachers who were selected for reimbursement at one lottery session may not enter the next lottery UNLESS there are fewer than five (5) entries. They will then be eligible only for the number of slots not awarded to new entries (i.e. if there are only three (3) entries, previous winners can submit their entry for the remaining two(2) slots.)

ARTICLE VIII

TEMPORARY LEAVES OF ABSENCE

Teachers, with the Superintendent and/or Principal's permission may be granted time off without loss of pay, to attend conferences, meetings or to visit other schools for educational/professional purposes.   Teachers will be reimbursed for travel at the allowable IRS rate per mile, for meals, accommodations and other legitimate expenses incurred within the scope of the aforementioned, provided such expenditures are substantiated by vouchers submitted through the Superintendent's Office.

Excluded from the above are in-service programs, workshops, etc., within School Union #61 that are required by the Superintendent.

A. Personal Leave

Two (2) days leave of absence for personal matters which require absence during school hours.   Staff that work half time (.5) or more will have personal days pro-rated to the nearest quarter day (.25) higher. Except for emergencies application for personal leave will be made at least forty-eight (48) hours before taking such leave.   Personal leave requests immediately preceding or immediately following regularly scheduled vacations or holidays will not be granted unless petition is made to the Superintendent to grant such leave based on extenuating circumstances.   The Superintendent may at his or her discretion grant such leave based on these circumstances. Unused personal days will either be reimbursed at $50.00 per day or rolled over into sick leave at the conclusion of a school year.   Members must notify the Superintendent by June 1 of their decision to either receive the reimbursement or roll over. If you do not notify by June 1 they will roll over into sick days.

This leave will be non-cumulative.   Included in this provision are:

1.   Religious observances (up to two days of absence from school duties without loss of salary for religious holidays not regularly included in the school holiday schedule)

2. Personal business upon approval of the Superintendent. (1/183 of the teacher’s annual salary will be deducted if an unapproved personal day is taken.)

3. In extenuating circumstances, the Superintendent may grant additional personal leave.   The Superintendent’s decision will be final and it will not be able to be grieved or arbitrated.

B. Bereavement Leave

1.     In the event of death of a member of the immediate family, five (5) consecutive school days will be granted without loss of pay, this leave to take effect from the date of death. Immediate family includes husband, wife, father, mother, step parents. father-in-law, mother-in-law, child, brother, sister, step brother, step sister, brother-in-law, sister-in-law, grandfather and grandmother, stepchild, foster child, and domestic partner.

2.  In case of the death of a relative of the second degree, the teacher shall be entitled without loss of pay to the day or part of the day thereof necessary to attend the funeral. Relatives of the second degree include uncles, aunts, nephews, nieces, cousins, grandchildren and in-laws other than those mentioned above. If a relative of the second degree resides in the teacher’s home a second day may be granted. Also included would be a close personal friend.

3.  In extenuating circumstances, the Superintendent may grant additional bereavement leave.   The Superintendent’s decision will be final and it will not be grievable or arbitrable.

C. Jury Duty

In the event any employee covered by this Agreement is required to perform jury duty service, the employee shall be compensated the difference received from performance of jury duty service and the employee's regular salary provided the employee furnishes appropriate evidence from the court of such service and has indicated by letter to the School Committee that every effort to schedule such service during vacation or non-school time has been made.

D.        The Association will be granted up to one (1) Association day annually for designated members to attend MTA/NEA conferences, trainings, meetings or conventions.

ARTICLE IX

SICK LEAVE

A.     A full-time teacher is entitled to fifteen (15) days sick leave per year with full pay.   Sick leave days may be accumulated from year to year up to a maximum of 183 days.

B.      When a teacher uses five (5) sick leave days s/he must submit, when requested by the Superintendent, a current, written professional medical statement that ill health makes absence necessary.

C.      Sick Bank

In the event that a member of the Association has exhausted his/her sick leave due to a critical or long term illness or accident of said member, the Association must notify the superintendent, in writing, of its intent to activate the following provision:

The Association will solicit sick day donations from members to cover the absent employee.   No member is obligated to make a donation.   The Association will then assemble and provide the administration with a 30 day list (if that many days were donated) of donors in the order in which they will be charged. ( i.e. Day 1 teacher A, Day 2 teacher B, Day 3 teacher C) When the first round of donated days is exhausted and if more are needed, another request for donations will be made and another 30 day list provided.   This process may be repeated but will be capped at 90 days per year unless both parties agree to continue.   This means that for all employees in the bargaining unit there will be only one ninety (90) day sick bank for the bargaining unit, in total, unless the Superintendent grants additional time, as outlined in number nine (9) below.   The Association will take full responsibility for soliciting the days and providing the 30 day list to the office.   The Administration will provide the Association with the total number of days charged at the end of the year.

Unless special circumstances exist, a request to activate this provision must be made in writing to the Superintendent at least two weeks before the expected implementation.   Subsequent 30 day extension should also be forwarded to the Superintendent’s office two weeks in advance.

The Association may petition the Superintendent and/ or School Committee to activate this provision for a critical illness involving the spouse or child of a member.   Their decision on this request is final and not subject to the grievance procedure.

D.      Whenever a teacher is forced to leave the building due to illness prior to 11:00 a.m., said teacher shall have a full sick day deleted from his/her accumulated sick leave.   When a teacher leaves the building due to illness after 11:00 a.m., one-half day of sick time will be deducted.

E.      Sick time may be used for illness in the immediate family (parents, spouse, children and/or other members of the teacher's household) up to a maximum of ten (10) days per school year.

F.      A teacher planning to retire who has fifteen (15) years of service or more in the Brimfield Public School System and after having notified the Superintendent in writing by November 1 in the school year he/she plans to retire, will upon retirement, receive a benefit of twenty-five dollars ($25.00) a day for unused sick leave up to a maximum of one hundred eighty-three (183) days.   In the event of the death of an employee, payment shall be made to the employee's estate.

G.     In accordance with Massachusetts General laws, Chapter 572 of the Acts of 1985,

"Whenever a teacher is absent from school as a result of personal injury (caused by accident or assault) arising out of and in the course of the teacher's employment, the teacher will be paid by the Town of Brimfield the difference between the teacher's full salary and payments received under Massachusetts Worker's Compensation insurance," up to the number of accumulated sick days.

H.     Each member of the professional staff shall be informed of their accumulated sick leave on the first week of September and March.

I.       For both personal and family sick leave:   In extenuating circumstances, the Superintendent may grant additional sick leave to be secured from the Sick Bank.

ARTICLE X

EXTENDED LEAVES OF ABSENCE

Only teachers with professional status will be eligible for an extended leave of absence.   The only exception will be a teacher who served in the military service (Chapter 708, Acts of 1941). A teacher who has been teaching in School Union #61 and who is called into military service will receive full credit for his/her military service upon return to School Union #61.

A.  Maternity Leave

The parties agree to act consistently with the maternity leave provisions of M.G.L. 149, Section 105D.   Wherever the terms of the following section conflict with said statute, it is expressly understood that the statute will control.

B.  Leaves of Absence Without Pay

Parental Leave:

Parental Leave without pay shall be granted to any teacher as follows:

1.    As long as the pregnant teacher is able to perform her duties, she may continue to teach.   The maternity leave of absence shall begin when in the opinion of the administration, the teacher, and her doctor, such action becomes advisable.   She shall be eligible to take accumulated sick leave up to a maximum of forty (40) days.

2.    A teacher may return from maternity leave at any time after delivery provided the Superintendent receives a written statement from her doctor saying that she is fit to do so.   A minimum of one week's notice of return is required.

3.    As an alternative to (b) above, extended parental leave (in excess of two (2) months) can be arranged between the teacher and the Administration. Such leave shall not exceed one (1) complete contract year.

4.    A teacher adopting an infant child (i.e., one year of age or less) shall be entitled upon written notice to a leave to commence any time during the first year after receiving such custody if necessary in order to fulfill the requirement of adoption.   The terms of such leave shall be the same as those specified in (c) above.

C.      Other Parental Leave Provisions as follows:

1.       Maternity leave in case of interrupted pregnancy or intent of adoption may be terminated if:

a.     A teacher requests in writing to the Superintendent the desire to return to his/her position.

b.     The Superintendent requests the return of a teacher to a position or a substantially equivalent position such action subject to medical approval.

2.     All benefits to which a teacher was entitled at the time a parental leave commenced, including unused accumulated sick leave, will be restored to said teacher upon return, said teacher will be placed on the applicable salary schedule at the step which had been attained when the parental leave commenced.   A teacher who had taught 93 or more days in the school year in which the parental leave commenced will be placed on the next step of the applicable salary schedule.

3.       A teacher returning from a parental leave will be assigned to the same position which the teacher held at the time said leave commenced, or if that position is no longer in existence, to a substantially equivalent position.

4.      While on a leave, a teacher shall have the option to remain an active participant in the State Teacher Retirement Systems and any other school connected insurance program in which the teacher is already an active member by contributing thereto the amount he or she would have been required to contribute if actively employed and by further contributing the amount that the school system would have been required to contribute if the teacher were actively employed.

5.      It is incumbent upon the teacher on extended leave to notify the Superintendent by March 1st following the date of birth of a child of intent to return to previous duties, or to resign.

6.       A teacher on parental leave shall not be denied the opportunity to substitute in the school district by reason of the fact that said teacher is on leave of absence.

7.      Any person employed by the School Committee to fill the position of any certified professional employee on parental leave shall be notified in writing by the Superintendent at the time of employment that said person's contract shall terminate upon the return to active service of the employee on parental leave whose position is being temporarily filled.

8.     These provisions shall be interpreted so as to permit total compliance with Federal and State (Massachusetts) Laws and regulations governing leave on account of pregnancy.

9.      Adoptive parents are eligible for the benefits under this Article.

10.      Family Medical Leave

Family  and  Medical  leave  shall   be  granted  in  accordance   with  applicable  state  and federal laws.

11.      Sabbatical Leave

a.     Sabbatical leave of a semester or one year's duration may be granted to a teacher having a minimum of seven (7) years service in School Union #61.

b.     The number of leaves granted per year is to be determined by the School Committee upon recommendation of the Superintendent.

c.     Written application for sabbatical leave must be submitted by a teacher by November 1st prior to the September that the sabbatical leave is to be taken; action must be taken on such request no later than April 1st of the school year preceding the school year for which the sabbatical leave is requested.

d.     The salary to be received by a teacher taking such leave will be 75% of said teacher's current salary for that period of the leave.

e.     Full retirement contribution will be deducted from that portion of all salary that comprises leave pay.

f.     The teacher on sabbatical shall receive his/her normal salary increments.

g.    At the end of the sabbatical year or semester, the teacher must return to the town granting the leave and remain on the teaching staff for two (2) years. (Chap. 71, Sec. 41A   Mass. General Laws)

h.   Sabbatical leave will be for study or research, and the teacher is to carry a normal work load.   He/she may not return to his/her teaching position within the duration of the sabbatical leave.

i.   Sabbatical leave will be granted when, in the opinion of the School Committee, sufficient funds are available in the school budget to fund said sabbatical leave.

ARTICLE XI

RETIREMENT

An individual is entitled to only one option below:

A.   A teacher planning to retire who is at least fifty-five (55) and after having served ten (10) years in the Brimfield Elementary School System, and after having notified the Superintendent in writing by November 1 of his/her decision to retire, may receive for the three (3) years preceding his/her permanent retirement date and not to exceed three (3) years, seven hundred dollars ($700) above the salary to which he/she otherwise would be entitled on the schedule.   Gross benefits under this retirement provision shall, under no circumstances, exceed twenty-one hundred dollars ($2,100).

B.   Upon receipt of an irrevocable letter to the Superintendent, signed by the teacher, stating that he/she shall retire and specifying the effective date of retirement (which shall be the last day of a given teacher’s contract year), teachers with at least twenty (20) years of continuous service to Brimfield Elementary School who are at least fifty-five (55) and whose letter is received by November 1st, shall be entitled to an early retirement incentive bonus of nine thousand dollars ($9,000).   In FY 14 and 15 the amount will be ten thousand dollars ($10,000). The bonus is payable by August 31st of the year of retirement.

ARTICLE XII

PAYROLL DEDUCTIONS

A.       Teachers' Association Dues

1.        It is agreed that deductions shall be made from the salary of any teacher so requesting for dues to the local Teachers' Association, the Massachusetts Teachers' Association, and the National Education Association.   Authorization must be in writing in a form similar to the one set forth below:

DUES AUTHORIZATION NOTICE

Name             _________________________________________

Address          _________________________________________

_____________________________________________________

I hereby request and authorize the School Committee to request and direct the Town Treasurer to deduct from my earnings and transmit to the Associations below the amount set forth for payment of the membership dues of such Associations in equal monthly payments during the current school year and for succeeding school years thereafter.   I understand that the Treasurer will discontinue such deductions if I give the Committee sixty (60) days' advance written notice to do so.   I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and relieve the Treasurer, School Committee, and all of its officers, from any liability therefore.

Organization                                                            Per Annum

Union No. 61 Teachers' Association                       $

Massachusetts Teachers' Association                      $

National Education Association                              $

___________________________                            ______________________________

Date                                                                          Teacher’s Signature

2.   Union No. 61 Teachers' Association will verify to the Committee in writing the current rate of membership dues.   The Association will give the committee thirty (30) days' written notice prior to the effective date of any change in the rate of membership dues.

3.   Deductions referred to in Section 1 above will be made in equal installments from each paycheck beginning with the second paycheck in September or the first paycheck following the delivery of the teacher authorization to the Committee.   The Committee will not, however, be required to honor for any paycheck's deduction any authorizations that are delivered to it later than one (1) week prior to the distribution of the payroll from which the deductions are to be made.

4.   AGENCY SERVICE FEE

a.        Members of the bargaining unit who are not members of the Association shall be required to select one of the following options annually:

1)         Become a member of the Association

2)         Pay an agency service fee equal to approximately 90% of the annual dues of to the Association.

3)         Make a contribution to the school’s PTF or PTO of an amount equal to 90% of the annual dues of the Association.

b.       The School Committee shall be under no obligation to take any disciplinary action against any employee for failing to comply with section 1 above, and the Association shall be solely responsible for enforcement of these provisions through appropriate legal proceedings.

c.         It is understood by the School Committee and the Association that the deduction of the agency service fee may be made by the Committee through its treasurer, pursuant to M.G.L. c. 180, s.17b.

d.         If an employee who has selected option c above has not made payment by January 1st in the given school year, the employee then relinquishes for that year the right to make a contribution to the school’s PTF or PTO and must choose a or b above.

e.         The Association shall certify in writing the amount of the annual dues of the Association by October 1 each year.

f.        Contributions to the school’s PTF or PTO that are made by personal check will be submitted to the Principal for transmittal to the PTF or PTO.   Checks shall be made payable to the school’s PTF or PTO The employee will be responsible for verifying to the Association that the contribution was made.

B.       Credit Union:     It is agreed that deductions shall be made from the salary of any teacher so requesting for the purchasing of shares in the Massachusetts Teachers' Association Credit Union.

C.       Group Insurance

All staff members who are regularly scheduled to work a minimum of 20 hours   a week or more or who are employed at least 50% during the school year are entitled to group health and other insurance as provided by the Town.   All eligible staff members are required to complete the appropriate enrollment form(s) should he/she elect the coverage offered by the Town for all applicable family members who are to be covered. Staff members who elect not to receive coverage must notify the Town upon employment in writing of the decision to decline coverage at that time. If at a later date said employee decides he/she wants coverage he/she must complete the appropriate enrollment form for applicable members to be covered and must wait until open enrollment, unless there is a life changing event (death, divorce, birth, adoption or loss of benefits provided by spouse, etc.). Both parties recognize their legal obligation to negotiate any change in health care benefits

D.       Pre-Tax Insurance Deductions:   Teachers shall be able to make payments for health insurance, group life insurance, long-term disability and other forms of insurance (where appropriate) with pre-tax earnings, said transaction to be handled in accordance with the terms and provisions of Massachusetts General Laws, Chapter 697.

E.     Annuity Plan:   The School Committee agrees to enter into a written agreement with any of the members of the employee unit to purchase an individual or group annuity contract for such employee or employees, said transaction to be handled by the Town Treasurer in accordance with the terms and provisions of Massachusetts General Laws, Chapter 71, Section 37B. Annuity additions or changes must be made by November 1st each year, except for new hires after September 1st.

F.       Discontinuation of Payroll Deductions:   Any teacher desiring to have the Committee discontinue deductions he has previously authorized must give the Committee and the Association thirty (30) days' advance written notice.

ARTICLE XIII

JOB SHARE

Two (2) teachers with professional teacher status may initiate a proposal for “job sharing”.   They will submit a proposal in writing to the building principal on or before st March 1      . The Teachers’ Association will be given a copy of all such proposals at the same time. “Job Sharing” shall apply to sharing all the duties of one (1) full time position which is occupied by one   (1) of the two   (2) teachers involved in the proposal. The cost of the “job sharing” shall not exceed the cost of one (1) full time teacher.

The proposal must include the following:

1. A tentative work schedule for each “job sharing” teacher for instructional time, non instructional duties and preparation time;

2. A description of how necessary parental communication will be maintained;

3. A description of how communication between the “job sharing” teachers will occur.

Both “job sharing” teachers shall be required to attend all professional development days, faculty meetings, assigned committee meetings, parent-teacher conferences, open houses, parent nights and other such meetings expected of full time faculty members.

All compensation, benefits, hours of work and other working condition, including duty and prep time will be prorated to each   “job sharing” teacher’s percentage of full time employment.   There will be an overlap of at least fifteen (15) minutes between tours of duty schedule each workday.

If either carries health insurance prior to “job sharing” only one (1) of the two (2) “job sharing” teacher, selection to be agreed upon by them in writing, will be eligible, for town health insurance benefits.

Seniority will be computed as currently determined for part time teachers.

The Principal will review the proposal, with the superintendent if necessary, and discuss any concerns with the teachers submitting the proposal   and give with a recommendation the to the superintendent in writing no later than March 15. The Superintendent will nd forward a final decision on the proposal no later than March 22.

The Superintendent may approve or deny the proposal.   The decision of the superintendent will be final and binding and not grievable or arbitrable by any teacher in the bargaining unit or by the Association.   This decision will in no way be precedent setting.   If approved by the Superintendent, the specifics of the job sharing assignment and any subsequent changes thereto will be reduced to writing.   Said writing will be incorporated   into the provision therein, for acceptance by and signature of, the two (2) “job sharing” teachers involved and the Association.   This document will be delivered to th the superintendent no later than March 29     .

Neither “job sharing” teacher will be able to displace a less senior teacher during the “job sharing” year.   Either “ job sharing” teacher may apply for a vacant position over the course of the “ job sharing” year.   If one “job sharing” teacher is transferred to vacant position or otherwise leaves the “job sharing” an attempt will be made to hire a replacement subject to the terms of the “job sharing.”   If the   “job sharing”   position cannot be filled, the remaining “job sharing” teacher will be extended the opportunity to fill the formerly shared position in a full time capacity.   Otherwise the formerly shared, full time position will be posted and the “job sharing” teacher will be placed on a leave of absence without pay for the remainder of the “job sharing” school year.   He or she will be eligible for placement in a vacant position, for which he or she is qualified, during that year or at a subsequent time.

If the “job sharing” teachers prefer to remain in this agreement for a subsequent school year, they must submit specific proposal to the principal by March 1st, following the previously stated procedure.

ARTICLE XIV

NON DISCRIMINATION

The employer, by himself/herself or his/her agent, because of the race, color, religious creed, national origin, sex, sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object, genetic information, or ancestry of any individual to refuse to hire or employ or to bar or to discharge from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupations qualification.

ARTICLE XV

ACTING PRINCIPAL

Each year the principal will designate a staff member to function as acting principal. Those interested in functioning in this capacity will make their intentions known prior to the beginning of each school year. The successful candidate will be appointed before school opens and receive an annual stipend of $600.

ARTICLE XVI

REDUCTION IN FORCE

A.  The Committee retains the exclusive right to determine the number of teaching positions and other professional positions which are needed in the schools under its jurisdiction.   In the event it becomes necessary to reduce the number of employees included in the bargaining unit defined in Article III, employees with professional status shall be laid off in the inverse order of their initial employment.   No employee with professional status will be laid off until all teachers without professional status are gone unless the least senior teacher with professional status is not qualified to perform the duties of last remaining teacher without professional status.

B.  An employee with professional status whose position is eliminated shall:

1.         Be transferred to an open position for which he is licensed.   If no such opening exists, the employee shall:

2.         Replace an employee with the lowest seniority anywhere within the Brimfield School System in an area in which the laid-off employee is qualified.

"Seniority" means an employee's length of service in years, months and days in the bargaining unit from the initial date of teaching by the Committee.   An employee who has been employed part-time for any given year will receive a fraction of a year's seniority equivalent to the amount of employment.   Accrual of seniority shall include only paid leaves of absence.

"Qualified" means that the teacher holds a valid active license for the position or an inactive license which can   be activated within the timelines defined by the D.E.S.E.

C.  In cases involving teachers having identical seniority, preference for retention or recall shall be based on educational credentials.

D.  Teachers who are to be affected by a reduction in staff must be notified in writing no later than June 15th of the school year preceding the year in which the reduction will take effect.

E.   Teachers who have been laid off shall be entitled to recall rights for a recall period of two years after the effective date of the layoff; the Brimfield Teacher’s Association Building Representatives shall be notified of openings.   Preference for positions as they develop will be in the inverse order of their respective lay off dates and all benefits to which a teacher was entitled at the time of layoff shall be restored in full upon re-employment within the recall period.   No credit will be given for time spent on layoff.

F.  Employees on recall shall be notified by the Superintendent by certified mail of any open positions within their area of certification in the Brimfield School System at their last known address.   The teacher is responsible for notifying the Superintendent of his/her current mailing address.   Failure to apply for any open full time, permanent position within his/her area of certification within fifteen (15) weekdays following such notification by the Superintendent shall terminate all rights under this Article.

G.  Laid-off employees may continue group health and life insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by reimbursing the Committee for the full premium cost.   Failure to forward premium payments to the Committee or refusal to return to employment upon recall will terminate this option.

H.   While members of the bargaining unit continue on layoff during the recall period, the

Committee agrees not to hire any new teachers unless all qualified teachers on layoff with recall rights from this school system declined an offer to fill the vacancy.

I.      For purposes of this article, layoff will date from the last day taught for compensation as a full time or part time staff member in the Brimfield School System.

J..    A seniority list shall be compiled and updated at the beginning of     each school year.   A copy shall be given to the Association by November 1st and any challenge to the list shall be made by December 15th.   The Administration shall respond to the Association’s challenge by January 30th.   A meeting between the parties shall take place before March 1st to resolve any issues.

ARTICLE XVII

EVALUATION PROCEDURE

PHILOSOPHY OF EVALUATION

The parties agree to form an evaluation committee consisting of

Administrators, School Committee members, and the Teachers’ Association. This Committee shall recommend changes to the current process and procedures that are consistent with the new state and federal educator evaluation regulations.   The document produced by this Committee will be brought to the negotiating teams of the Association and the School Committee for review and if necessary, modifications.   Once both sides reach a tentative agreement, they will present it to their constituents for ratification.   The approved document will be implemented beginning with the 2013-2014 school year as required by law.

A.

1.        Purpose of Evaluation

a.     The purpose of evaluation is to improve and recognize staff effectiveness and ensure that all students in the Brimfield School System receive the best possible instruction, supervision and educational support.   Evaluation will be a continuous and cooperative process between the evaluator(s) and the evaluatee.   The evaluator will place major emphasis on assisting the evaluatee to achieve professional and creative growth that is consistent with the basic philosophy, goals and objectives of the Brimfield School System.

2.         Performance Standards and Guiding Principles

a.     Standards of Performance are implicit in any effective evaluation program.

The Standards described in this document present critical areas related to teacher effectiveness.   These standards are outlined in the “Principles of

Effective Teaching”. It is not intended that such description be exhaustive in its content.   It is also not intended that every teacher exhibit all the qualities described in each category.   There must be an understanding that excellence is the desired goal.   The standards must be high enough to challenge all, but flexible enough so as not to impose impossible demands.

b.     The standards of performance shall be measurable and observable; shall reflect and allow for significant differences in assignments and responsibilities.

c.     The evaluation process shall be free of racial, sexual, religious and other discrimination and biases as defined in the state and federal laws.

3.        Goal Setting Conference

A meeting will be held between the evaluator and evaluatee to discuss general and specific goals and objectives for the individual teacher for the year   This may take place the preceding spring for teachers with professional status, but no later than the first Monday in October for all staff.

4.                             Observation Visits

a.    Observation visits are visits by the evaluator to observe the evaluatee in the classroom or in another work environment.

b.    Frequency of Observation Visits

a.  Teachers without professional status in the Brimfield School System shall receive a minimum of three (3) observation visits prior to receiving the annual written evaluation.

b.  Teachers with professional status in the Brimfield School System shall receive a minimum of one (1) observation visit in the year of the evaluation prior to receiving the biannual written evaluation unless it is determined by the principal that additional observations are required.

c.     Announced vs. Unannounced Observation Visits

Observation visits for teachers without professional status shall be either announced or unannounced.   At least the first visit shall be announced. Generally, observation periods would be at least 30 minutes of the lesson. During an unannounced observation visit, the evaluatee shall be told at the start of the visit that it is an observation visit.   An unannounced observation visit can be postponed to another day by the teacher, after consultation with the evaluator, provided the request is made at the start of the observation.

5.                   Pre-Conference and Observation Conference

a.       The evaluatee and the evaluator shall hold a pre-conference or may submit a written summary of the lesson to be observed, prior to an announced observation.   They will discuss the goals and objectives of the lesson to be observed.   Teachers will be notified within two (2) weeks of any negative findings in their observation/evaluation.   The evaluator will hold a follow-up conference with the evaluatee.   This conference will serve to reconstruct the observed events, to provide feedback, to ascertain the evaluatee's perspective of what transpired, to define and authenticate issues, to communicate expectations and to make suggestions and plan follow-up activities.

6.                                 Observation Reports

a.   Following an observation conference, the evaluator will write a final report. The summary will be signed by both the evaluator and the evaluatee, and the evaluatee will receive a copy of the same.   The evaluatee will have the right to include a written response to the evaluation, and this response will be viewed by the Superintendent and become part of the evaluation and placed in the personnel folder.

7.                                 Timing of Observation Visits

a.    The prescribed minimum of observation visits is set forth in Section 4.2 above.   Additional visits beyond the minimum number will occur if requested by the evaluatee or evaluator.

b.    Observations will be avoided during the first two (2) weeks of school in

September or during times that are atypical, such as the last day before Christmas recess, immediately following an assembly, etc.

8.                                 Evaluations

a.   Evaluations and observations shall be in writing and shall be permanent record that is placed in the employee's personnel file.

b.   Employees shall be given a copy of the written evaluation, and the evaluator will review same with the evaluatee.

c.   Both the evaluator and the evaluatee shall sign the evaluation.   The signature by the evaluatee does not necessarily indicate agreement with the contents of the evaluation.   The evaluatee will have the right to include a written statement to the evaluation, and this response will be reviewed by the Superintendent and become part of the evaluation placed in the personnel file.   The evaluatee will receive the written summary no later than ten student days prior to the close of the school year.

d.    The annual evaluation of teachers without professional status will be written once per year and will be submitted to the Superintendent of Schools.   A composite of observation visits and any relevant documentation for the year will be reflected in the annual evaluation and attached to the evaluation.

e.    Teachers with professional status will be evaluated every other year and the written Evaluation Report will be submitted to the Superintendent.   A composite of all evaluation visits and any relevant documentation for the year will be reflected in the annual evaluation and attached to the evaluation.   The Administration reserves the right to evaluate any teacher with professional status as part of an improvement plan.

9.                                 Other General Guidelines

a.    At the teacher's option, in cases of persistent disagreements concerning the content of the observation/evaluation reports, an additional evaluator may be requested to observe the teacher's performance.

b.    The Superintendent of Schools, or his or her designee, such as the Assistant Superintendent, Special Education Director, or Title I Director may observe and evaluate any staff member, provided it is an announced visit.

c.    Nothing precludes the use of memoranda written by the principal to communicate matters of concern relative to the evaluatee's performance.

10.                               Professional Growth Plan

a.        Any principal noting deficiencies in a teacher's performance will require the teacher to submit a Professional Growth Plan indicating corrective actions to be taken and a timeline for said growth to take place.   The principal will work with the teacher to develop the Professional Growth Plan.   The timeline must be written, agreed upon by both parties and in place within two (2) weeks of written notice of deficiencies by the principal.   The teacher shares a responsibility, along with the principal, to ensure that all deadlines are met. The principal is responsible for monitoring the Professional Growth Plan and notifying the teacher when deadlines or benchmarks are not met.   Any disagreement relative to the Professional Growth Plan will be forwarded immediately to the Superintendent or his/her designee for resolution.

b.         Any principal noting deficiencies in a professional status teacher’s performance will require the teacher to submit a Professional Growth Plan indicating corrective actions to be taken and a timeline for said growth to take place. The principal will work with the teacher to develop the Professional Growth Plan.   The timeline must be written, agreed upon by both parties and in place within two (2) weeks of written notice of deficiencies by the principal.   The teacher shares a responsibility, along with the principal, to ensure that all deadlines are met.   The principal is responsible for monitoring the Professional Growth Plan and notifying the teacher when deadlines or benchmarks are not met.   Any disagreement relative to the Professional Growth Plan will be forwarded immediately to the Superintendent or his/her designee for resolution.

A bargaining unit member will be entitled to have representation of his/her own choice / a union representative present during any meetings regarding the Professional Growth Plan with the Administration.

11.                                        Evaluation Criteria

The evaluation criteria will adhere to those required by the Dept. of Education CMR 603. Each teacher will be given a copy of these regulations on the day prior to their first day with students.

CALENDAR FOR STAFF EVALUATIONS

Month

Teachers

(w/o Professional Status

or on an Improvement Plan)

Teachers

(with Professional Status) on Cycle)

Teachers

With Professional

Status Off Year

By the first Monday in October

Goal Setting

Goal Setting

Goal Setting

Each teacher will meet with his or her administrator to discuss goals for professional growth.

through

observation will take

 

October 31st

place during this time period.

 

November

At least one formal

 

through

observation will take

 

December

place during this time period.

 

January

At least one formal

 

through

observation will take

 

March

place during this time period.

 

September

At least one formal

 

Through

observation will take

 

April

place during this time period

 

June

Final evaluations completed and submitted to Central Office.

Final evaluations completed and submitted to Central Office.

Two weeks prior to the close of the school year

 

Written self-assessment of achievement of goals.

EVALUATION RESPONSIBILITIES

All teachers and the school nurse will be evaluated by the principal or assistant principal if an assistant principal has been assigned to the school.   Special education teachers, speech pathologists, occupational and physical therapists, guidance counselors, and psychologists will also be evaluated by school based administrators with input from the Director of Special Education.

When the evaluation responsibilities of school based administrators become excessive due to new staff, central office administrators appointed by the Superintendent will assist in evaluations to meet contractual deadlines and state law.   The intent will be for non-school level administrators to evaluate only staff with professional status.   The Director of Special Education may assume responsibilities with special needs educators, and the Associate and Assistant Superintendents may work with regular educational staff.

The administrator, whether school or central office based, who evaluates any staff member will engage in the complete process as outlined in this contract. The same administrator will conduct the pre-conference/observation and post-conference/observation meetings.

BRIMFIELD ELEMENTARY SCHOOL

GOAL SETTING CONFERENCE

NAME ______________________________________________________________

DATE OF GOAL SETTING CONFERENCE _______________________________

GOALS FOR THE ___________________ SCHOOL YEAR.

(Mutually agreed upon by the Evaluator and Evaluatee)

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

________________________________          _______________________________

Evaluator                                                          Evaluatee

BRIMFIELD ELEMENTARY SCHOOL

TEACHER OBSERVATION FORM

TEACHER ___________________________________________________________

GRADE/SUBJECT/POSITION ___________________________________________

DATE OF OBSERVATION _____________________________________________

I.   DESCRIPTION OF LESSON OBSERVED

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

II.   COMMENDATIONS & RECOMMENDATIONS

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

_______________________________                         __________________________________

*SIGNATURE OF TEACHER                                     SIGNATURE OF OBSERVER

__________________________________        __________________________________

DATE                                                                 DATE

*SIGNATURE INDICATES THE TEACHER HAS READ THE REPORT

(   ) Check here if Teacher Comments Section III is attached.

III.   TEACHER'S COMMENTS

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

_________________________________       ________________________________

SIGNATURE OF TEACHER                         *SIGNATURE OF OBSERVER

_________________________________       ________________________________

DATE                                                               DATE

*SIGNATURE INDICATES OBSERVER HAS READ TEACHER'S COMMENTS.

BRIMFIELD ELEMENTARY SCHOOL

TEACHER EVALUATION Summative Evaluation Form

Name of Teacher: _______________________ Professional Status: ____________________

School Year: __________________________ Without Professional Status: ______________

Grade/Assignment: ______________________ Probationary Status: ____________________

I.       General Statement:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

II.     Goals:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

III.     Classroom Instruction:

A.  Currency in the Curriculum

____________________________________________________________________________________

B.  Effective Planning and Assessment of Curriculum and Instruction

____________________________________________________________________________________

C.  Effective Management of Classroom Environment

____________________________________________________________________________________

D.  Effective Instruction

____________________________________________________________________________________

E.  Promotion of High Standards and Expectations for Student Achievement

____________________________________________________________________________________

F.  Promotion of Equity and Appreciation of Diversity

____________________________________________________________________________________

G.  Fulfillment of Professional Responsibilities

____________________________________________________________________________________

IV.    Professional Growth:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

V.        Professional Conduct:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

VI.       Commendations/Recommendations:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

Status

Please check one space:

(     ) Recommended for continued teaching employment.

(     ) Certain deficiencies noted.   Recommended for continued teaching employment subject to implementation of Improvement Plan.

(     ) Not recommended for continued teaching employment.

(     ) Appoint to Professional Status.

________________________________     ________________________________

*Signature of Teacher                                  Signature of Evaluator

________________________________        ________________________________

Date                                                                 Date

*Signature indicates the teacher has read the report.

(     )   Check here if Teacher Comments Section VII is attached.

VII.     Teacher's Comments:

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

_______________________________         _______________________________

Signature of Teacher                                     *Signature of Evaluator

_______________________________         _______________________________

Date                                                                   Date

*Signature indicates the Evaluator has read the teacher's comments.

B.      PERSONNEL FILES

Observation notes, summative evaluations, and probationary status reports will be placed in the teacher's file.   A teacher will have the right, upon request to the Superintendent, to review the contents of his/her personnel file.   A teacher will be entitled to have a representative of the Association accompany him/her during such review.

Nothing will be placed in any teacher's personnel file unless the teacher has had the opportunity to review the material.   The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed, 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 answer shall be reviewed by the Superintendent and attached to the file copy.

C.      Any written formal complaints regarding a teacher made to any member of the administration by any parent, student, or other person, will be promptly called to the attention of the teacher.

D.       No teacher with professional status will be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause.   A teacher without professional status will not be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without good cause.   Nothing in this Section shall in any way inhibit or diminish the authority granted the Superintendent by statute, with respect to a decision not to renew employees without professional status.

E.     All monitoring or observation of the work performance of a teacher will be conducted openly with full knowledge of the teacher. The use of public address systems or audio systems, and similar surveillance devices shall be strictly prohibited. Teachers will be given a copy of all evaluation reports.

F.      Forms for Observation/Discussion notes and the two parts of the Summative Evaluation, which address goals and progress toward their achievement (Part 1), and assessment of performance along the four categories of indicators (Part II) are on pages 32-39.

ARTICLE XVIII

MISCELLANEOUS

A.      In-service Courses

Announcement of in-service courses shall be made as soon as they are available.

B.      Vacancies and Promotions

Any vacancy in a professional position occurring during the school year will be adequately publicized by the Superintendent by means of a notice placed on the bulletin boards of Union #61 as far in advance of the appointment as possible.

During the months of July and August, written notice of any such vacancy shall be sent to the Representative of the Brimfield Teachers' Association.*

In both situations, the qualifications, the duties, and the rate of compensation (if appropriate) will be clearly set forth.

All qualified teachers will be given adequate opportunity to make application for such positions, and the School Committee agrees to give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors.

*The Superintendent's Office will be notified annually by September 1 of the designated representative of the Brimfield Teachers' Association.

C.      Temporary Positions Under Federal or State Grant Funded Programs

All temporary openings under Federal or State Grant Funded Programs will be adequately publicized by the Superintendent in the schools of Union #61 as early as possible.

D.      Assistance in Non-Teaching Tasks

The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energies should, to the extent possible be utilized in direct instructional activities. Therefore, it shall be the policy of the School committee as follows:

1.        Teachers will not be required to perform the following duties:

a.     Driving pupils to activities or functions which take place away from a school building.

b.    Collecting money for insurance and photographs

c.    Keeping attendance registers, except for daily attendance procedures d.     Secure their own substitute

E.      Lunch Period

Teachers will have a duty-free period of at least thirty (30) minutes length each work day.

F.      Sixth Grade Class Trip

1.     Bournedale chaperones will receive $700 annually for performing the duties associated therewith.   Any staff member may apply to be a Bournedale chaperone, however, preference will be given the sixth grade teacher (s).   The Principal will attempt to insure that one adult chaperone accompanies each twenty students.

2. Teachers appointed to supervise this trip will be paid in a lump sum within two (2) pay periods after the return from the trip.   Any such teacher who attends only part of the trip will receive a pro rated stipend based on their attendance.

G.      Assignment

The Committee will endeavor to notify teachers of their assignment for the coming year when possible under normal circumstances prior to August 1st and will make assignment changes after that date only under unusual circumstances and in the best interest of the educational program.

H.       Class Size

The School Committee and the Association recognize that class size is an important factor in good education and will, whenever possible, subject to space availability, budget constraints, and all other educational considerations insure that class size is effective for instruction.   However, the final decisions as to class size will be made by the School Committee in the best interests of all.   Preference for smaller class size will be given to grades K-4.

I.        Professional Development Funds Coordinated by TRSD/Union   Superintendents Office

The Professional Development Fund is designed to support individual and group projects developed by teachers to improve the school programs.

Projects include, but are not limited to, curriculum development, instructional improvement, evaluation of resources, school-community relations, and other educational initiatives.

Professional Development funds will be awarded based upon identified criteria as determined by a vote of the Superintendent or designee.

For each of the 15 credits required for lane movement, all 15 credits may come from outside approved sources.   Any seven of each 15 credits required for lane movement may also come   Superintendent approved offerings.   Continuing Education Units (CEUs) also meet the requirement and equate to college credits as follows: 1.5 CEUs = 1 credit.

J.   Stipends

Major musical/dramatic production

Director: $500

Asst. Director: $250

Set design/Construction: $200

Mentors: $1000

Community Service Liaison (CSL): $500

Literacy Coordinator $1750

Technology Coordinator $1750)

Instructor of Professional Development In-service approved by the

Superintendent or designee $50 per hour of instructional time; $25 per hour of preparation time up to the approved limit. Professional Development   Fund projects: $150 per 6 hour day.

Brimfield Memorial Day   Parade participation: $100 per music teacher

All stipendiary positions will be posted by June 1 and assigned only pending

budgetary availability of funding.

All Region Art Festival: $500

All region concert (2, Vocal and Instrumental): $500

Math Coach: $1,250

ARTICLE XIX

WORK YEAR/WORK DAY

A.  Work Year:   The work year of teachers (other than new personnel who may be required to attend 2 additional   days of orientation), shall be 183 days. It shall include the day prior to the opening of school for students, and two (2) professional development days scheduled within the school calendar, excluding vacations, weekends or holidays. The work year may not start earlier than the Monday preceding Labor Day, and will end with the close of school for students.   At least 2 hours of the day before the first day with students will be set aside for preparation activities determined by the teacher.

A copy of the school calendar will be given to the Teachers' Association as soon as it is established by the School Committee.

In addition, the school year for all teachers shall include an additional twelve (12) hours to be used through the school year as follows:

a. Four (4) hours for curriculum development work or other topics initiated by a teacher or group of teachers, at a time mutually agreeable to the principal and teacher.

b. Eight (8) hours for curriculum development, special projects, or meetings scheduled by the Principal.   The Principal will make every effort to provide at least five (5) school days notice.

B.  Work Day:

The teacher work day will run from 8:20 AM to 3:00 PM and includes a 30 minutes duty free lunch. Full Professional Development Days will be scheduled from 8:00 am until 3:00.   In the case of an emergency, teachers will remain at school until their professional responsibilities are completed.

C.  Staff Meetings:

Teachers will be required to attend one staff meeting each month which will last one hour beyond the time at which staff is scheduled to leave.   Meetings will be held on the first Monday of the month. If a staff meeting needs to be rescheduled due to unforeseen circumstances (i.e. weather, illness, etc.) the staff will be given notice of the new date at least 7 calendar days in advance.   Necessary absences will be approved by the principal.

D.    Parent Conferences:

Each teacher shall be required to attend two (2) parent conference days which will be determined by the administration. Students will have early dismissal on those days.   Afternoon conferences will run from 1-3 PM.   Evening conferences will run from 6 -8 PM.

1.  After notifying the office, a teacher may leave upon completion of his/her final appointment at either session.

2.  For security purposes, the administrator will remain in the building until all conferences are concluded.

E.    Open House:

Each teacher shall be required to attend one “open house” each year on an evening selected by the administration.   The principal and representatives of the Association will meet before June 1st annually to discuss the format of the one hour evening for this fall event.   If the meeting is not called by either party, the format of the previous year will be in effect.

F.   Individual Parent – Teacher Conferences:

Teachers shall meet with parents of students to discuss matters of   mutual interest that either the teacher or the parent may wish to discuss, or that the administration may want discussed.   Such meetings shall be held at a time mutually agreed upon between the parties.

G.  Preparation period:

Each regular classroom teacher will have a minimum of one forty (40) minute duty free preparation period daily.   All other teachers will have a minimum of five (5) forty (40) minute duty free preparation periods weekly.

If fiscal / budgetary constraints arise that might result in the reduction of staff, the administration and the association will agree to meet to discuss the forty minute preparation period and work towards a mutually agreeable resolution.

ARTICLE XX

METHOD OF PAYMENT

A.   Teachers shall have twenty-six (26) equal payments.

B.    Teachers will have the option of receiving a lump sum payment at the end of the school year, or payments throughout the summer. Teachers will notify the Superintendent’s Office of all payment decisions by June 15th of the prior year (except new hires). Any teacher that does not notify by June 15th will default to the options chosen for the prior school year.

C.    Any lump sum payments will be made no later than the first pay period after the last day of school.

ARTICLE XXI

MANAGEMENT RIGHTS

Under the Law of Massachusetts, the Committee is responsible for establishing the educational policies of the Public Schools of Brimfield, and it is recognized that the Committee is a Public Body established under and with powers provided by the Statutes of the Commonwealth of Massachusetts and that nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty conferred upon the Committee by Statute or any rule or regulation of any agency of the Commonwealth.   As to any matter not specifically mentioned or provided for in this Agreement, the Committee retains all the powers, rights, and duties that it has by law and may exercise being made the subject of a grievance or arbitration proceeding hereunder.

ARTICLE XXII SALARY

If any teacher is currently receiving increments, but those increments are insufficient for that teacher to reach the next higher lane on the salary schedule, that staff member will continue to receive and earn increment payments at the previously established rate until sufficient credits have been earned to move to the next higher lane on the salary schedule.   This would be a one time occurrence that will discontinue for each staff member once the next higher salary lane has been reached.     No teacher, as a result of this contract, will   receive less salary than currently receiving, and no teacher must advance to further lanes, except as required by state law to maintain certification.

ARTICLE XXIII

ACCEPTANCE

IN WITNESS WHEREOF the parties of this Contract have caused the present to be executed by their agents here unto duly authorized, and their seals to be affixed hereto, as of the date first above written.

BRIMFIELD SCHOOL COMMITTEE

By: __________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

BRIMFIELD TEACHERS' ASSOCIATION

By: ______________________________________________

______________________________________________

______________________________________________

______________________________________________

______________________________________________

Brimfield Elementary School Salary Schedule

 

BA

BA+15

BA+30/M

M=15

M+30

M+45/Ph.D.

FY13

$39,686.45

$40,875.36

$42,064.28

$43,253.19

$44,441.10

$45,734.54

.5%

$41,193.95

$42,380.85

$43,567.76

$44,754.66

$45,941.57

$47,227.97

 

$42,883.35

$44,069.25

$45,255.15

$46,443.06

$47,631.98

$48,917.37

 

$44,787.83

$45,973.73

$47,159.63

$48,348.54

$49,536.45

$50,815.82

 

$46,926.47

$48,112.37

$49,299.27

$50,487.18

$51,674.09

$52,951.44

 

$49,332.44

$50,522.36

$51,711.27

$52,954.46

$54,197.64

$55,502.13

 

$52,045.94

$53,232.84

$54,420.75

$55,607.66

$56,794.56

$58,061.86

 

$55,092.09

$56,277.99

$57,464.90

$58,652.81

$59,839.71

$61,103.00

 

$61,125.11

$62,368.29

$63,610.47

$64,848.63

$66,088.80

$67,403.34

 

$66,639.54

$67,881.72

$69,123.90

$70,364.07

$71,603.24

$72,913.76

FY14

$40,281.74

$41,488.49

$42,695.24

$43,901.99

$45,107.72

$46,420.55

1.5%

$41,811.85

$43,016.56

$44,221.27

$45,425.98

$46,630.69

$47,936.38

 

$43,526.60

$44,730.29

$45,933.98

$47,139.71

$48,346.45

$49,651.13

 

$45,459.64

$46,663.33

$47,867.02

$49,073.77

$50,279.50

$51,578.05

 

$47,630.36

$48,834.05

$50,038.76

$51,244.49

$52,449.20

$53,745.71

 

$50,072.42

$51,280.19

$52,486.94

$53,748.77

$55,010.60

$56,334.66

 

$52,826.62

$54,031.33

$55,237.06

$56,441.77

$57,646.48

$58,932.79

 

$55,918.47

$57,122.16

$58,326.87

$59,532.60

$60,737.31

$62,019.54

 

$62,041.98

$63,303.81

$64,564.63

$65,821.36

$67,080.13

$68,414.39

 

$67,639.13

$68,899.95

$70,160.76

$71,419.53

$72,677.28

$74,007.46

FY15

$40,885.97

$42,110.82

$43,335.67

$44,560.52

$45,784.33

$47,116.86

1.5%

$42,439.03

$43,661.81

$44,884.59

$46,107.37

$47,330.15

$48,655.43

 

$44,179.50

$45,401.24

$46,622.99

$47,846.80

$49,071.65

$50,395.90

 

$46,141.54

$47,363.28

$48,585.02

$49,809.87

$51,033.69

$52,351.72

 

$48,344.82

$49,566.56

$50,789.34

$52,013.16

$53,235.93

$54,551.90

 

$50,823.51

$52,049.39

$53,274.24

$54,555.00

$55,835.76

$57,179.68

 

$53,619.02

$54,841.80

$56,065.62

$57,288.40

$58,511.18

$59,816.78

 

$56,757.25

$57,978.99

$59,201.77

$60,425.59

$61,648.37

$62,949.83

 

$62,972.61

$64,253.37

$65,533.10

$66,808.68

$68,086.33

$69,440.61

 

$68,653.72

$69,933.44

$71,213.17

$72,490.82

$73,767.44

$75,117.57

Step 11

 

 

 

 

 

 

1%

$69,340.26

$70,632.78

$71,925.30

$73,215.73

$74,505.12

$75,868.75

In addition to above base salary, longevity payments will be awarded as follows:

After the completion of 10 years $200

After the completion of 14 years $300

After the completion of 19 years $400

After the completion of 24 years $500

Longevity payments will not be added to the base.

Additional amounts will be added each of the three years in this contract, but will not accumulate.

Longevity payments will be prorated for employees less than full time.