Cape Cod RVTSD

Collective Bargaining Agreement

between

Cape Cod Regional Technical High School District Committee

and

Cape Tech Association

UNIT A

September 2007 – August 2010

 

Article I.

Recognition

A.        Recognition of Association The Committee recognizes the Association as exclusive bargaining representative for the employees in Bargaining Unit A, including the positions of:

•               Academic teachers (including lead teachers)

•               Librarian and/or Library Manager

•               Physical education teachers (including the physical education lead teacher)

•               Vocational teachers (including lead teachers)

•               Nurses

•               Extracurricular activity advisors

•               Guidance counselors

•               Special needs teachers (including the special needs lead teacher)

•               Permanent substitute teachers

•               Temporary substitute teachers

•               Athletic director

B.         Exclusion of Positions All others positions of the Cape Cod Regional Technical High School District are excluded.

C.         Recognition Not Waiver of Rights The recognition of positions by the Committee in Section A of this article is not to be construed as a waiver of whatever rights the Committee has under applicable law and under the terms of this agreement to modify, revise, combine, or eliminate any of those positions.

Article II.

Committee Rights

A.        Responsibilities The Committee, on its own behalf and on behalf of all the voters of the Cape Cod Regional Technical High School District, retains and reserves to itself, without limitation, all powers, rights, authority, duties, and responsibilities conferred upon and vested in it by the laws and Constitution of the Commonwealth of Massachusetts and the United States.

B.         Authority The Association recognizes that the Committee is legally responsible for the operation of the entire school system and that the Committee has the necessary authority to discharge all its responsibilities, subject to the laws mentioned above and to the provisions of this agreement.

C.         Administrative Staff The Association recognizes the prerogative of the Committee to operate and manage school affairs in all respects in accordance with its legal rights and duties. In meeting those responsibilities, the Committee acts through its administrative staff. Those responsibilities include, without being limited to, the establishment of education policies; the construction, acquisition, and maintenance of school buildings and equipment; the hiring, transfer, assignment, supervision, discipline, promotion, and termination of employees; and the establishment of rules governing and pertaining to work and conduct of employees. The Committee and administrative staff are free to exercise all the Committee’s managerial rights and authority to the extent permitted by law, except that the Committee shall not by its actions violate any of the express terms of this agreement nor shall it adopt or modify rules that violate the express terms of this agreement.

Article III.

Definitions

As used in this agreement, the following terms and phrases have the meanings set forth below, unless the context otherwise requires.

“Association” means the labor organization recognized as the exclusive bargaining representative for the positions described in Article I.

“Association representative” means a person authorized by the Association to act in its behalf.

“Committee” means the school committee of the Cape Cod Regional Technical High School District.

“Employee” means a person serving in a position covered by this agreement. “Parties” means the Committee and the Association as participants in this agreement.

“School” means any functional division or work location maintained by the Committee.

“Teaching period” means a duration of time in which an employee is actively engaged teaching students.

“Preparation period” means a period during which the employee is not assigned a regular responsibility.

“Administrative period” means a period of time during which an employee is assigned to a regular activity other than teaching students.

“Permanent substitute” means a person employed for a full school year to fill a vacancy created by a leave of absence or to hold a position that will terminate at the end of the school year.

“Temporary substitute” means a person employed for less than a full school year but more than 60 consecutive school days to fill a vacancy.

“Regular substitute” means a person employed for up to 60 consecutive school days to replace a regular employee absent because of illness or a leave of absence. (A regular substitute is not entitled to any benefits under this agreement.)

“To the fullest extent possible” means that the Committee recognizes the desirability of the particular condition as a goal and will endeavor to implement the particular condition.

Whenever the singular is used in this agreement, it includes (when the context so indicates) the plural.

Personal pronouns are used in this agreement in a generic sense and apply equally to the masculine and feminine genders.

Article IV.

Association Rights

A.        Committee and Subcommittee Meetings

1.                  The Committee shall give a copy of the public agenda of each meeting of the Committee and of any subcommittee of the Committee, except meetings of the negotiating subcommittee, to the president and the secretary of the Association and the chairman of the professional rights and responsibilities committee of the Association at least 48 hours before each meeting in the case of regular Committee meetings and as soon as possible in the case of subcommittee meetings and emergency Committee meetings. As used in this section, “public agenda” includes any supporting materials furnished to the Committee with an agenda concerning the public session of a meeting but excludes any materials that are not “public records,” as that term is defined in Mass. General Laws ch. 4, § 7, cl. 26th, and also excludes any supporting materials furnished to the Committee concerning the executive session of a meeting. The Committee shall give three copies of the official minutes of the public session of any Committee or subcommittee meeting to the president of the Association no later than four days following the Committee’s approval of those minutes.

2.                  If a meeting of the Committee or any of its subcommittees is held during school hours, the meeting will start at the beginning of a period when possible. The Association may designate no more than one employee at a time to attend the meeting during the employee’s preparation period.

B.         Association Meetings The Association has the right to schedule meetings of the Association in school buildings before and after regular class hours. The Association also has the right to place Association and educational materials in employees’ mail-boxes and on the Association bulletin board as well as use of school e-mail system.

C.         Committee Information The Committee shall make available to the Association, upon reasonable request, statistics and records relevant to contract negotiations that are necessary for the proper enforcement of the terms of this agreement, if those materials are not privileged and the release or publication of them would not violate any person’s civil or constitutional rights.

Article V.

Payroll Deductions

A.        Association Dues

1.         Any employee may sign and deliver to the Committee an authorization (on a form to be approved by the Committee) for payroll deductions of Association membership dues. That authorization is required only during the first year of employment and continues in force until 60 days following the date on which the Committee receives written notice of withdrawal of authorization from the employee. Upon receipt of a notice of withdrawal of authorization, the Committee shall furnish a copy of the notice to the Association.

2.                  The Association treasurer shall certify to the District treasurer not later than September 15 of each year, the specific amount of Association dues for the current year.

3.                  The District treasurer shall deduct from the salary of each employee authorizing the deduction the amount of the dues and transmit the sum so deducted to the Association within 14 days of the deduction, if the District treasurer is satisfied that the Association treasurer has given a bond to the Association, in a form approved by the Massachusetts Commissioner of Revenue, for the faithful performance of his/her duties, in a sum and with such surety or sureties as are satisfactory to the District treasurer.

B.         Other Deductions Payroll deductions will also be available to employees on a mutually agreed basis for premiums for annuities (subject to Mass. Gen. Laws ch. 71 § 37B), for one savings plan sponsored by the Massachusetts Teachers Association, and for the payment of insurance premiums.

C.         Committee Liability The Committee is not liable for any errors or losses in the administration of this article unless the Committee was negligent in the care and handling of the monies involved.

D.        Agency Service Fee

1.                  The Committee shall require, as a condition of employment during the term of this agreement, that employees who are not members of the Association pay a service fee to the Association. Payment of this service fee must be made within 30 days after an employee begins employment or after the effective date of this agreement, whichever is later.

2.                  The amount of the service fee is 95 percent of the amount required to become and remain a member in good standing of the Association and its affiliates to which membership dues are paid.

3.                  The Association shall comply with the requirements of Mass. Gen. Laws ch. 150E, § 12, relating to imposition of an agency service fee and rebate of portions of that fee under certain conditions.

4.                  The Association shall indemnify the Committee from any claims and liability that may arise because of any action taken under this section of Article V.

Article VI.

Teacher Rights and Responsibilities

A.        Non-Discrimination

1.                  As exclusive bargaining representative, the Association shall, as required by law, continue its policy of accepting into voluntary membership all eligible persons in the bargaining unit described in Article I without regard to race, creed, religion, color, national origin, sex, sexual orientation (as defined in Mass. Gen. Laws ch. 151B, § 4), age, handicap, or marital status. The Association shall represent equally all persons without regard to membership or participation in the Association.

2.                  As required by law, the Committee shall continue its policy of not discriminating against any person on the basis of race, creed, religion, color, national origin, sex, sexual orientation (as defined in Mass. Gen. Laws ch. 151B, § 4), age, handicap, marital status, or membership or participation in the Association.

B.         Civil Rights The personal and private life of an employee is not within the appropriate concern of the Committee, except as it may interfere with the employee’s responsibility to and relationships with students and the school system. Employees are entitled to the full rights and privileges of citizenship, and no religious or political activities of any employee, or lack of such activities, is grounds for any discipline or discrimination with respect to the employment of the employee, if those activities do not take place during association with students in a professional capacity.

C.         Damage or Loss of Property Employees have an instructional responsibility to instill within students a respect for and a consideration of the property of others, including the property of the school system.

D.        School Facilities In the existing school building (and in designing any new building), the Committee shall maintain and provide:

(1)               assigned parking facilities;

(2)               adequate lockable storage space and secure, lockable desk space, both of which shall have operable locks/locking devices;

(3)               an appropriately furnished room to use as a staff lounge.

(4)               well-lighted and clean restrooms (male and female);

(5)               a mailbox for each employee; and

(6)               a pay telephone in or near the staff lounge.

E.         Teacher Protection

1.                  An employee who is assaulted while acting in the line of duty or who observes an assault on another employee who is acting in the line of duty shall report the assault to his coordinator or supervisor, who shall in turn immediately notify the principal. (If the employee has no supervisor or coordinator, or if no supervisor or coordinator is available at the time, the employee shall report the assault directly to the principal.) The principal shall conduct an investigation of each incident of alleged assault upon an employee acting in the line of duty and shall notify the employee’s lead teacher whenever such an assault is reported to have taken place in the employee’s shop or academic area. The superintendent-director shall comply with any reasonable request from an employee for relevant information in the Committee’s possession, not privileged under law, concerning the person or persons allegedly involved in an assault upon the employee.

2.                  The Committee shall provide legal counsel to any employee against whom a civil claim of assault is made if the employee was acting within the scope of his/her employment at the time of the incident and the defense of the claim is conducted by counsel for the Committee. The provision of legal counsel to employees is subject to the limitations and conditions set forth in Mass. Gen. Laws ch. 258, § 9.

3.                  The Committee may provide legal counsel to any employee charged with criminal assault if the employee was acting within the scope of his/her employment at the time of the incident and the defense of the criminal action is conducted by counsel for the Committee or counsel designated by the Committee.

4.                  In any disciplinary matter in which an employee is accused of wrong doing, the employee will be presumed innocent unless there exists a preponderance of the evidence to the contrary.

F.         Evaluations The evaluation document shall be reviewed at the end of each year and/or after state, federal or other curriculum requirements change.

1.         Evaluation is the ongoing process of defining goals and identifying, gathering and using information to improve professional practice. The process provides protocols for an assessment of professional performance using the standards in the 7 Performance Areas from the Principles of Effective Teaching. The assessment guides personnel decisions and also provides guidance on professional development and other supports for continuous improvement of instruction.

2.                  The evaluation of employees is the responsibility of the administration. Each teacher will be assigned an administrator who is their evaluating supervisor. The evaluating supervisor is also the only evaluating observer.

3.                  All observation or evaluation of the performance of a teacher shall be conducted openly and with the knowledge of the teacher. No public address or audio device will be used to gather information for observation or evaluative purposes without the full knowledge and consent of the individual.

4.                  Lead Teachers may conduct classroom observations within their departments however they will not write Observation Reports or Evaluations. No teacher will be dismissed, not rehired, or denied a step increase based solely on the basis of a Lead Teacher’s observation.

5.                  The administration shall give a copy of each formal, written evaluation report to the employee evaluated within 10 school days after the report is completed. The employee has a right to discuss the report with the administrator conducting the evaluation. The employee is also required to sign the report, but his/her signature in no way indicates agreement with the contents of the report; it signifies only that he./she has seen the report, which will be placed in the employee’s personnel file.

6.                  Each employee has the right, upon written request, to review the contents of his or her personnel file and is entitled to have an Association representative accompany him or her during the review.

7.                  Any reasonable complaint deemed valid by the administration regarding an employee will be called promptly to the attention of the employee.

8.                  The Association recognizes the authority and responsibility of the Committee and administration to discipline and reprimand an employee for delinquency in professional performance. An employee may request a conference, accompanied by an Association representative, to refute the disciplinary or reprimand action taken by the administration above the level of the principal.

9.                  No employee will be disciplined, reprimanded, reduced in compensation or dismissed without just cause. This paragraph does not apply to a decision not to re-appoint a teacher without professional status. The re-appointment of teachers without professional status is the exclusive responsibility of the Superintendent-Director and/or Principal, and any decision by the Superintendent-Director and/or Principal not to re-appoint a teacher without professional status is not subject to arbitration under this Article VI.

10.              The evaluative judgment of the evaluating supervisor is not subject to arbitration under this agreement, but a dispute whether the mechanical steps of the evaluation procedure have been followed is subject to arbitration.

11.              Participation in unpaid voluntary activities will not be mentioned in a negative manner in an employee’s evaluation.

12.              Nothing in this agreement restricts the Committee’s authority to dismiss an employee without cause during the first 90 days of his/her employment.

G.        Health and Safety The superintendent’s safety and security and health and wellness committees will include one member of the bargaining unit.

H.        Electronic Information

1.                  The District has software and systems in place that can monitor and record all Internet usage. Employees should be aware that the District’s security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat, newsgroup or e-mail message, and each file transfer into and out of the District’s internal network, and the District reserves the right to do so at any time. No employee should have any expectation of privacy as to his or her Internet usage. The administration may review Internet activity and analyze usage patterns, and it may choose to publicize this data to ensure that the District’s Internet resources are devoted to maintaining the highest levels of productivity.

2.                  The District reserves the right to inspect any and all files stored in private areas of the District’s network in order to ensure compliance with policy.

3.                  The display of any kind of sexually explicit image or document on any district system is a violation of the District’s policy on sexual harassment. Sexually explicit material may not be archived, stored, distributed, edited or recorded using the District’s network or computing resources.

4.                  The District’s Internet facilities and computing resources may not be used knowingly to violate the laws and regulations of the United States or any other nation, or the laws and regulations of any state, city, province or other local jurisdiction in any material way. Use of the District’s resources for illegal activities may be grounds for discipline or dismissal, and the District will cooperate with any legitimate law enforcement activity.

5.                  Any software or files downloaded via the Internet into the District’s network become the property of the District. Any such files or software may be used only in ways that are consistent with their licenses or copyrights.

6.                  No employee may use district facilities to knowingly download or distribute pirated software or data or to deliberately propagate any virus, worm, Trojan horse or trap-door program code.

7.                  No employee may use the District’s Internet facilities to knowingly disable or over-load any computer system or network or to circumvent any system intended to protect the privacy or security of another user.

8.                  Each employee using the Internet facilities of the District shall identify himself or herself honestly, accurately and completely (including one’s district affiliation and function where requested) when participating in chats or newsgroups or setting up accounts on outside computer systems.

9.                  The District retains the copyright to any material posted to any forum, newsgroup, chat or World Wide Web page by any employee in the course of his or her duties.

10.              Employees are reminded that chats and newsgroups are public forums where it is in-appropriate to reveal confidential district information, student record information, and any other material covered by existing district confidentiality policies and procedures. Employees releasing protected information via a newsgroup or chat will be subject to disciplinary action.

11.              Unnecessary or unauthorized Internet usage causes network and sever congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. The District’s Internet, e-mail or other computing resources are intended for district business use only, and non-business, personal use is prohibited.

I.          Intellectual Property

1.                  As used in this section, the term “Intellectual Property” means all research, information, writings, procedures, developments, inventions, and improvements whether patentable or non-patentable, patents and applications therefore, copyrights and applications therefore, trademarks and applications therefore, and secrets, plans, methods, and all other data and know-how.

2.                  Intellectual Property made, conceived, developed, or acquired by an employee solely or jointly with others (i) during the period of the employee’s employment with the District, (ii) during regular work hours, on school premises, using school property, in the regular scope of the employee’s employment by the District, or for compensation paid by the District, and (iii) related to the District’s services (present or planned) shall be the sole property of the District and shall at all times and for all purposes be regarded as acquired and held by the employee in a fiduciary capacity for the sole benefit of the District.

3.                  Intellectual Property made, conceived, developed, or acquired by an employee solely or jointly with others (i) on the employee’s own time, (ii) without the use of any property of the District, and (iii) without compensation paid by the District shall be the sole property of the employee.

4.                  Intellectual Property referred to in paragraph 2 of this section that consists of works of authorship capable of protection under copyright laws shall be prepared as works made for hire, with the understanding that the District shall own all of the exclusive rights to such works of authorship under the U.S. copyright law and all international copyright conventions and foreign laws.

5.         Upon request, an employee who makes, conceives, develops or acquires Intellectual Property referred to in paragraph 2 of this section shall execute all applications, assignments, instruments, and papers, and perform all acts, such as the giving of testimony in interference proceedings and infringement suits or other litigation, necessary, or desired by the District, to enable the District and its successors, assigns, and nominees to secure and enjoy the full benefits and advantages of such Intellectual Property.

Article VII.

Transfers, Promotions, and Termination

A.        Seniority

1.                  The Committee shall prepare a seniority list indicating the dates of which all employees started work in the school system on a full-time basis and shall supply the list to the Association. The Committee shall keep the seniority list current.

2.                  Seniority is based upon an employee’s length of service (measured in years, months, and days) as a full-time employee at the Cape Cod Regional Technical High School starting with the day on which the employee first started working.

3.                  Periods of service divided by a break in service due to a resignation or termination are not added together to determine seniority. A leave of absence is not considered a break in service for the purpose of determining seniority. Time spent on a paid leave of any length or an unpaid leave of up to eight weeks is included in determining an employee’s length of service, but time spent on an unpaid leave of more than eight weeks is not.

B.         Transfers

1.                  An employee desiring to transfer shall submit a written request for transfer to the superintendent-director and renew the request in writing annually. If the transfer is one that normally would take effect at the beginning of a school year, the employee shall file the request for transfer before March 15 of the preceding school year. When the Committee grants an employee’s request for transfer, it shall notify the employee within five work days of that decision.

2.                  The Committee reserves the right to transfer an employee, voluntarily or involuntarily, temporarily or permanently, when such a transfer will serve the best interest of the school system. The Committee shall make an in-voluntary transfer only after a meeting between the employee involved and the superintendent-director, at which the superintendent-director shall notify the employee of the reason for the transfer. If the employee objects to the transfer, the employee may notify the Association and the superintendent-director shall meet with an Association representative to discuss the transfer. 3. The word “transfer” includes all changes between areas of teaching licensure.

C.         Promotions

1.                  If a teaching position becomes vacant or is established during the school year (in either case), the Committee shall post a notice of the vacancy or position, which includes the qualifications for the position and the date by which an application must be filed, on the bulletin board of the staff lounge for a period of not less than 10 school days before the application deadline. The Committee shall also send a copy of the notice to the Association president.

2.                  The Committee shall receive applications to fill vacancies or new positions from employees who believe themselves qualified by reason of experience, training, capacity, and general ability to execute proficiency in all the demands of the position. Employees shall make such applications in writing and shall set forth in the application the basis on which the employee requests consideration for appointment.

3.                  In considering candidates for a position, the Committee shall consider the professional background, knowledge, ability, skill, efficiency, attendance, physical condition, general health, and personality of the applicants and other relevant factors. If the Committee determines that all those factors are equal, it shall give preference to applicants already employed by it. In considering as candidates for a position persons already employed by it, the Committee shall also consider their respective seniority. Any decision by the Committee to fill a vacancy or new position is final and binding.

4.                  Each employee is requested to leave a summer address with the administrative staff. Whenever a vacancy occurs or a new position is created during the summer vacation, the Committee shall notify the president of the Association in writing, by sending him/her a copy of the notice.

D.        Other Job Openings In making appointments to positions in summer, evening, and federal programs, the Committee shall give due consideration to employees regularly employed by it who possess the necessary qualifications for the particular position.

E.         Reductions in Force

1.         If the Committee decides to reduce the number of tenured employees employed by it through a general layoff; through a reduction in the number of employees within a subject area, field, or program; or through the elimination or consolidation of positions, it shall, within each discipline, lay off tenured employees on the basis of seniority (i.e., the most junior first, the most senior last), unless that procedure conflicts with the relevant demonstrated educational needs of the school system. The question whether that procedure conflicts with the relevant demonstrated educational needs of the school system is subject to the grievance and arbitration provisions of this agreement, but the Committee’s decision on that question is entitled to prevail unless an arbitrator determines that the Committee’s decision was not made on a reasonable basis. Any decision by the Committee to reduce the number of employees employed by the Committee through a general layoff; through a reduction in the number of employees within a subject area, field, or program; or through the elimination or consolidation of positions is final and binding.

2.         A “discipline” is a subject area or administrative department; disciplines include the following:

(a)        Technical

(1)        Transportation

•       Automotive Technology

•       Auto Collision Technology

•       Marine Service Technology

•       Horticulture

(2)        Construction

•       Carpentry

•       Masonry

•       Heating, Ventilating and Air Conditioning

•       Plumbing & Heating

•       Electrical

•       Metal Fabrication/Welding

(3)        Service

•       Early Childhood Education

•       Health Technology

•       Hotel, Restaurant, Business Management

•       Cosmetology

•       Information Technology

•       Culinary Arts

•       Graphic Arts

(b)        Academic

(1)               English

(2)               Mathematics

(3)               Science

(4)               Social Studies

(5)               Foreign Language

(6)               Physical Education

(7)               Computer Business Applications

(c)        Pupil Personnel Services

(1)               Guidance

(2)               School Nurse

(3)               Special Needs

3.                  The administration shall consult with the Association before the Committee terminates any employee under this section.

4.                  The Committee shall notify employees terminated under this section in writing of their termination by April of the year in which the termination takes effect, if practical, but in no case later than June 30 of that year. The Committee shall include with each notice of termination a form approved by the Association (which approval shall not be unreasonably withheld) on which the employee may indicate whether he/she wishes to be recalled if work becomes available or to work as a substitute and may provide a current address and telephone number and information about disciplines in which the employee is certified or approved or is eligible for a waiver. An employee must return the completed form within 10 calendar days after receiving the notice of termination to be eligible for recall and substitute work.

5.                  The Committee shall consider eligible employees terminated under this section for recall within their respective disciplines for a period of two years in the inverse order in which they were laid off. (The two-year recall period for any employee terminated under this section starts on the earlier of the first day of the school year following the employee’s last day of work or the first day for which the employee receives unemployment benefits as a result of the termination.) An eligible employee terminated under this section is entitled to consideration for an opening in another discipline if he/she is certified (in the case of an academic teacher) or approved (in the case of a vocational teacher) in that discipline or is eligible for a waiver to teach that discipline, has taught or worked in that discipline within the five-year period preceding his/her reappointment, and agrees, as a condition of his/her re-employment, to take one three-credit course, designated by the superintendent-director, at an accredited college or university in the subject area or areas or department in which he/she will be teaching or working within one calendar year after the date of his/her re-appointment.

6.                  Eligible employees terminated under this section are entitled to preference (in the inverse order in which they were laid off within their respective disciplines) for substitute work.

7.                  If the Committee decides to recall an employee terminated under this section, it shall send a notice offering re-employment to the employee at the most recent address on file with the administration. If the employee does not accept the offer of re-employment in writing within 15 calendar days, and report for work within 30 calendar days, after notification by the Committee, the Committee need not re-employ the employee.

8.                  If the Committee lays off an employee as a result of the institution of a change in schedule, the administration shall meet with an Association representative to discuss whether that employee could become certified (in the case of an academic teacher) or approved (in the case of a technical teacher) in a discipline in which a vacancy exists and, if so, how.

9.         It is the terminated employee’s responsibility to provide the Committee notice of a change of address and/or telephone number.

Article VIII.

Teaching Conditions

A.        Teaching Load, Programs, and Hours

1.                  No employee shall teach outside his/her area of licensure. No employee is required to teach in more than two areas of licensure. In the case of the current six-period school day, no academic or theory teacher is required to teach more than five periods a day. If the Committee decides to change the number of periods in the school day, the parties agree to reopen this section of the agreement. If subsequent negotiations reach an impasse, the Committee will be entitled to implement its plan for the teaching load of academic and theory teachers at the completion of the mediation and fact-finding proceedings set forth in Mass. Gen. Laws ch. 150E, § 9.

2.                  If practicable, the Committee shall notify employees of their assignments for the coming year before the close of school for summer vacation. To the fullest extent possible, the Committee shall provide employees with a written list of teacher assignments by June 1 of each year and a complete schedule by July 30 of each year.

3.                  The starting and dismissal time for students and the establishment of the school calendar is the exclusive responsibility of the Committee, but the Committee, in establishing the school calendar, shall seek and take into consideration the recommendations made by the Association. Disputes over the school calendar are not subject to grievance or arbitration.

4.                  The employees’ work year should normally begin no earlier than the day after Labor Day. The work year terminates after the completion of the minimum time requirement for the student school year as established by state law or regulation, plus the day before the beginning of, and the day after the close of, the student school year, plus two professional development days. Professional development days will not be scheduled during regularly-scheduled school vacations. The Committee may require new employees to attend orientation sessions in addition to the regular work year.

5.                  Employees are expected to be at their work stations 15 minutes before the start of the first period of the student day. Employees receive a 25-minute duty-free lunch period. In addition, shop teachers receive a 15-minute break during the school day. Employees are expected to remain as long after the students’ dismissal time as is necessary to carry out their professional responsibilities. As used in this section, “professional responsibilities” include giving extra help and assistance to students, participating in special education evaluations, conferring with parents, preparing for the next school day, and similar activities. An employee’s failure to complete his/her professional responsibilities before leaving school for the day is just cause for denial of a step increase on the salary schedule or for with-holding a longevity payment (subject, in either case, to the grievance and arbitration provisions of this agreement); repeated failure to complete professional responsibilities before leaving school for the day may result in more serious disciplinary action.

6.                  Each academic teacher and each theory teacher may be assigned five teaching periods and is entitled to one preparation period per full school day. A preparation period must be equal in length to the average teaching period. All employees have a professional responsibility to make themselves available to meet with special education teachers (after school, if necessary) so that the latter can perform their liaison duties.

7.                  No employee is required to accept more than one after-school assignment per week.

B.         Class Size

1.                  The Committee and the Association recognize that class size is an important factor in good education and a policy matter within the exclusive discretion of the Committee. The Committee will, wherever practicable and subject to safety considerations, space availability, economic factors, and other educational and policy considerations, assure the class size of the most effective nature for both teacher and student. It is the responsibility of the Committee to make final decisions concerning class size. Any such decision is final and binding unless the Association proves that the decision is unreasonable.

2.                  To the fullest extent possible, the Committee will maintain the following maximum class sizes. These suggested class sizes will not exclude large group instruction lectures:

•       Academic: 25 students

•       Related: depends on shop enrollment

•       Shop: 16 students

•       Special needs: 8 students (or 12 students when a teacher is assisted by one aide or 16 students when a teacher is assisted by two aides)

3.         In the event that any classes exceed the figures listed above, the superintendent-director, upon request, will discuss the reasons therefore with representatives of the Association. Any suggestions made by those representatives to alleviate the situation will be given serious consideration.

C.         Substitutes The employment of substitutes is the responsibility of the Committee’s administrative staff. Every reasonable effort will be made to provide a substitute to cover the classes of regularly-assigned employees when they are absent.

D.        Uniform Allowance Employees are provided with clean uniforms if and when their assignments require them. Payment for these uniforms is charged to the service account for the particular department concerned.

E.         Transporting Students Employees are not required to transport students in employees’ vehicles.

F.         Marks

1.                  Rank books are provided for all employees in order to keep accurate, up-to-date evaluations of the work of each student assigned to them. These rank books are the property of the Committee, and each employee is required to turn his/her rank book in to the administrative staff at the end of the school year and to make his/her rank book available to the administrative staff upon request during the school year.

2.                  Teachers will issue mid-term reports to all students. Those reports will include at least one comment for each student.

G.        Teachers’ Meetings

1.                  To the fullest extent possible, the superintendent-director shall call no more than one meeting of the full faculty per month, shall limit the length of each full faculty meeting to not more than one hour, and shall give notice of each full faculty meeting not less than 48 hours before the meeting.

2.                  To the fullest extent possible, coordinators and supervisors shall call no more than one meeting of their respective lead teachers per week, shall limit the duration of such meetings to no more than one hour in length, and shall give not less than 24 hours’ notice before the meeting. In addition to attending those meetings, lead teachers shall also attend department level meetings called by coordinators or supervisors at which regular employees are in attendance.

3.                  Lead teachers will hold department meetings an average of once a month. Minutes of department meetings will be forwarded to the principal (except that lead teachers in one-teacher departments will submit monthly reports to the principal or technical studies director in the case of technical lead teachers.

4.                  Unit A personnel will attend two open-house type parent meetings each year: one for the ninth and eleventh grades and another for the tenth and twelfth grades.

H.        Guidance Counselors, Nurse, and Librarian

1.         The Committee shall provide clerical assistance, suitable office space, and a telephone (if practicable) to guidance counselors. To the fullest extent possible, the Committee shall assure that the ratio of students to counselors does not exceed 300 to one. The compensation for a guidance counselor is determined by computing his/her appropriate step on the academic teachers’ salary schedule.

2.                  The work year for any guidance counselor may be increased beyond the normal work year for employees by up to six additional days at the option of the administration. Any guidance counselor who is required to work additional days will be compensated at his/her per diem rate for the additional days.

3.                  The Committee shall provide an assistant aide for the librarian/library manager and shall provide him/her with suitable office space (which does not necessarily mean private office space).

4.                  The Committee shall provide the nurse with an office, adequate space and facilities, and a telephone to fulfill his/her duties. If he/she works before or after the nurse’s contract year, his/her compensation is a per diem basis.

Article IX.

Compensation and Fringe Benefits

A.        Basic Salary Schedule

1.                  The salaries and salary differentials of employees are set forth in Appendix A. Step increases are not automatic; the Committee may deny a step increase for just cause.

2.                  The hourly rates of pay for summer and evening school programs and non-instructional services are set forth in Appendix A.

3.                  A new employee is placed on the step of the salary schedule commensurate with his/her background and experience or, if lower and if the superintendent-director elects, on step five of the salary schedule, except that any employee who starts work after August 31, 1998, and who is assigned to a vocational teaching position for which a bachelor’s degree is required for vocational approval (including Early Childhood, Health Technology, Horticulture and Hotel, Restaurant and Business Management may, if the superintendent-director elects, be placed initially on Level V, Step 3, of the salary schedule. Any fraction of a year of experience less than one-half is disregarded unless that time was accrued in the employment of the Committee. Any employee who is appointed or transferred under a waiver to a position for which he/she is not academically certified or vocationally approved, whichever applies, shall be placed on Level I of the salary schedule until he/she is certified or approved for that position. At that time, the employee shall be placed on the level commensurate with his/her educational background.

4.                  The Committee shall from time to time determine and set an authorized mileage allowance for reimbursement of expenses related to the use of private vehicles for school business.

B.         Method and Time of Salary Payment

1.                  Employees are paid in 26 equal biweekly payments.

2.                  An employee may elect to receive his/her pay in 22 biweekly payments if he/she notifies the superintendent-director by August 1 preceding the start of the school year. Voluntary deductions for the months of July and August are deducted from the last (the twenty-second) payment.

3.                  An employee who is paid in 26 payments may request a lump sum payment for the months of July and August if he/she presents a written request for a lump sum payment to the business office by May 1. In this case, all deductions, including state and federal taxes, are taken from the twenty-second payment.

4.                  If an employee leaves the school system or dies during the school year, he/she or his/her estate is entitled to a pro rata share of his/her salary based on his/her time of service in relation to the number of days the school is in session during the school year, less the compensation already paid to him/her.

5.                  For the purposes of salary payment, full-time employees serving more than one-half of a school year advance a step on the salary schedule the following September.

6.                  Part-time employees (other than employees paid by the hour) receive pro-rated salaries and benefits. By law, employees who work less than 20 hours a week are ineligible for insurance coverage under the district’s group plans.

(a)                The term benefits refers only to group insurance benefits, severance pay, and leaves of absence.

(b)               Any part-time academic teacher who teaches at least four periods a day will be assigned one additional period each day as a preparation period and will receive a prorated salary calculated by multiplying the full-time teacher salary at his/her step and level of the Unit A salary schedule by a fraction, the numerator of which is the total number of periods assigned, including the preparation period, and the denominator of which is six.

(c)                Any part-time academic teacher who teaches three or fewer periods a day and any part-time theory teacher will receive a prorated salary calculated by multiplying the full-time teacher salary at his/her step and level of the Unit A salary schedule by a fraction, the numerator of which is the number of teaching periods assigned and the denominator of which is six.

7.         Any employee who is paid an annual salary will receive no more in salary payments in any contract year than his/her annual salary as set forth in Appendix A even when there are more than 26 paydays in the contract year.

C.         Health, Life, and Dental Insurance Benefits

1.                  The Committee shall pay 65 percent of the premiums for a group health insurance plan (Blue Cross and Blue Shield Master Health Plus or the equivalent) and a dental insurance plan covering all full-time employees and their families. In addition to the Blue Cross and Blue Shield Master Health Plus plan, the Committee will offer all other health plans available through the Cape Cod Municipal Health Group.

2.                  The Committee shall pay 99 percent of the premiums for a group life insurance plan covering all full-time employees with a maximum coverage of $10,000. An employee may subscribe for additional coverage, but the cost of that additional coverage is the responsibility of the employee.

3.                  The Committee shall pay 50 percent of the premiums for group life insurance with a maximum coverage of $10,000 for employees who are retired from the District and receiving a pension or annuity allowance from the teachers’ retirement system.

4.                  The Committee shall pay 65 percent of the premiums for group health insurance for employees who are retired from the District and receiving a pension or annuity allowance from the teachers’ retirement system and for their dependents.

5.                  Before purchasing and executing contracts for group insurance coverage, the Committee shall follow the procedure set forth in Mass. Gen. Laws ch. 32B, § 3.

6.                  The parties intend payments made by employees under this section to qualify as a salary reduction under Section 125 of the Internal Revenue Code, but the Committee does not guarantee this reduction to be tax-free.

D.        Workers’ Compensation The Committee shall pay an employee who receives injuries arising out of, and in the course of, his/her employment the compensation provided by Mass. Gen. Laws ch. 152, § 69. This compensation equals the difference between the amount paid under workers’ compensation and the employee’s normal pay; this payment is taken from the employee’s accumulated sick leave time or vacation time on a pro rata basis. In no case will this combined payment exceed the employee’s regular pay.

E.         Pension Plan All provisions of the Massachusetts Teachers Retirement Plan are made part of this agreement.

F.         Extracurricular Activity

1.                  Assignment to extracurricular activities is voluntary.

2.                  Except in the case of an emergency, the Committee shall post a list of extracurricular activities and the compensation for each such activity at least three weeks before appointments are to be made.

3.         A schedule of payment for extracurricular duties is set forth in Appendix A. The Committee retains the sole authority to establish or terminate extracurricular positions. Nothing in Appendix A means that the positions listed will necessarily be established or retained.

G.        Child or Dependent Care Payments

1.                  At the request of any employee, the Committee shall reduce the employee’s salary by a specified amount and shall pay that amount to a provider of child or dependent care designated by the employee. Such a request must be made on a form approved by the Committee.

2.                  The Committee shall pay the child or dependent care provider designated by the employee within 30 days following its receipt of the provider’s invoice. The Committee is not required to pay child or dependent care providers more often than bi-weekly.

3.                  Payments made by the Committee under this section do not imply an endorsement of the services of the child or dependent care providers to whom the payments are made. The Committee is not responsible for the quality of those services or for verifying that they are actually performed.

4.                  The parties intend payments made by the Committee under this section to qualify as a tax-free fringe benefit under the Internal Revenue Code, but the Committee does not guarantee that they will be tax-free.

H.        Severance Pay

1.                  An employee who resigns, retires, dies, or is laid off after completing at least 11 years’ service (15 years’ service in the case of an employee whose first day of service was after June 30, 1995) with the District (other than an employee who is dismissed) is eligible to receive severance pay computed under this section.

2.                  If an employee does not use all 15 days of his/her current sick leave during the school year, the unused days of current sick leave are added to the employee’s accumulated sick leave until he/she has 68 days of accumulated sick leave (except at the end of the employee’s last year of employment).

3.                  Beginning in 2001–2002, 35 percent¹ (25 percent in the case of an employee whose first day of service was after June 30, 1995) of any unused days of current sick leave not added to the employee’s accumulated sick leave are multiplied by the employee’s per diem rate of compensation for that school year, and the result, expressed in dollars, is credited to the employee’s severance pay account.

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¹ Forty percent for contract years prior to 2001–2002 in which this section has been in effect for employees whose first day of service was on or before June 30, 1995.

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4.                  If the employee notifies the Committee in writing of his/her intent to resign or retire by April 15 of the year before the year of his/her anticipated resignation or retirement, the Committee shall (i) pay the employee the balance in his/her severance pay account as of the beginning of his/her last year of employment in 22 or 26 equal installments over that last year, whichever the employee elects under Article IX, Section B, of this agreement; and (ii) pay him/her in a lump sum at the end of his/her last year any new balance then in his/her severance pay account. No notice of intent to resign or retire may be withdrawn.

5.                  If an employee fails to give the Committee the advance written notice of his/her anticipated resignation or retirement required by Paragraph 4 of this section, or if an employee dies or is laid off before resigning or retiring but after completing at least 11 years’ service with the District, the Committee shall pay the balance in the employee’s severance pay account to him/her (or, in the case of his/her death, to his/her estate) by August 1 of the fiscal year following the fiscal year in which payment is requested.

Article X.

General Provisions for Leaves of Absence

1.                  Except as otherwise provided in this agreement, a leave of absence, with or without pay, carries with it the assurance that, on termination of the leave of absence, the Committee will return the employee to the same position as, or a comparable position to, the one the employee held when he/she began the leave of absence.

2.                  An employee on maternity leave, child care leave, Association leave, military leave, emergency leave, or a leave of absence to serve as an elected public official shall notify the Committee in writing of his/her intention to return from such leave or shall request in writing renewal of such leave no later than March 1 of the year in which the leave is scheduled to end. The superintendent-director may make exceptions to this procedure only in cases of emergency or urgency. Failure to comply with this notification requirement entitles the Committee to fill the employee’s position and forfeits the employee’s right to a position on expiration of the leave of absence. An employee whose right to a position is forfeited because of his/her failure to comply with this notification requirement is entitled to fill any position that becomes vacant or is created within one year from the date by which he/she was required to have complied with the notification requirement and for which he/she is qualified.

3.                  No benefits accrue to an employee during a leave of absence without pay, except that (i) an employee remains eligible during a leave of absence without pay for participation in the Committee’s group insurance plans in accordance with the applicable provisions of Mass. Gen. Laws ch. 32B, and (ii) an employee who works at least one-half of the school year during which he/she takes an unpaid leave of absence is entitled to a full year’s credit toward a salary step increase for that year. Upon return from a leave of absence without pay, an employee’s unused sick leave benefit and salary increments that had accumulated at the time the leave of absence began will be restored to him/her.

4.                  All the benefits that normally accrue to an employee while he/she is working accrue to him/her during a leave of absence with pay.

5.                  The Committee may extend leaves of absence.

6.                  If the Committee declines to grant an employee child care leave, Association leave, or any other leave without pay, the Committee shall give the employee a statement of the reasons for its declination.

Article XI. Leaves of Absence Without Pay

A.        Association Leave (Unpaid)

1.                  The Committee may grant a leave of absence without pay for one school year to any employee who is elected a full-time paid officer of the Association.

2.                  The Committee may grant a leave of absence without pay for one school year to any employee who is employed by the Association to assist it in discharging its duties as the exclusive bargaining representative of employees.

3.                  The Committee may grant a leave of absence without pay to any employee designated by the Association for the purpose of engaging in official activities of the Association (local, state, or national).

B.         Maternity Leave

1.                  Any pregnant employee is entitled to a leave of absence without pay (called “maternity leave”) for the purpose of giving birth if she gives at least 30 days’ written notice of her expected departure date to the superintendent-director. The 30 days’ notice requirement does not apply in the case of an emergency caused by the pregnancy.

2.                  Maternity leave terminates one year after the date on which the employee begins maternity leave, except that (i) the Committee may require the employee to defer her return to work until the beginning of the next school semester or school year, whichever the Committee elects, following the expiration of maternity leave, and (ii) maternity leave may terminate sooner than one year after the date on which the employee begins maternity leave on agreement between the employee and the Committee.

3.                  If an employee is unable to return to work at the end of one year due to extenuating medical circumstances, the Committee will consider an extension of maternity leave upon receipt of a written evaluation by the employee’s attending physician.

C.         Child Care Leave

1.                  The Committee may grant a leave of absence without pay (called “child care leave”) to any employee for the purpose of caring for the employee’s natural or adoptive child.

2.                  Any employee seeking child care leave shall apply in writing to the superintendent-director at least 30 days before the date on which the employee seeks to begin the child care leave.

3.                  Child care leave terminates one year after the date of which the employee begins child care leave, except that (i) the Committee may require the employee to defer return to work until the beginning of the next school semester or school year, whichever the Committee elects, following the expiration of this leave, and (ii) child care leave may terminate sooner than one year after the date on which the employee begins child care leave on agreement between the employee and the Committee.

D.        Military Leave A leave of absence without pay for employees who are inducted or enlist in the armed forces of the United States is available in accordance with, and subject to, applicable state and federal law.

E.         Emergency Leave

1.                  An employee is entitled to an unpaid leave of absence (called “emergency leave”) in the case of an emergency.

2.                  As used in this section, “emergency” means an illness or injury to a member of the employee’s immediate family that is sufficiently serious that the employee is unable to work full-time because of the need for the employee to care for the ill or injured person. “Immediate family” is limited to the employee’s spouse, children, and parents for the purposes of this section.

3.                  Emergency leave terminates when the emergency is over, but in no case more than one year after the emergency leave begins, except that the Committee may require the employee to defer his/her return to work until the beginning of the semester immediately following the end of the emergency.

4.                  The Committee may require verification of the emergency by a physician from time to time during the duration of the emergency leave.

F.         Other Leaves

1.         If an employee attending summer school finds that his/her assignment commences before completion of the school year, the superintendent-director may release him/her to attend summer school. His/her compensation for that school year is reduced by the following formula:

Number of release days

Total number of days                       x Teacher’s salary for the school year

2.                  The Committee may grant a leave of absence without pay for one year to any tenured employee for the purpose of serving as a full-time elected public official.

3.                  The superintendent-director may grant any employee a one-week leave of absence without pay for personal reasons.

4.                  The Committee may grant other leaves of absence without pay to employees at the exclusive discretion of the Committee, whose decision is final and not subject to the grievance or arbitration provisions of this agreement.

Article XII.

Leaves of Absence With Pay

A.        Sick Leave

1.                  Each employee is entitled to an annual leave of absence with pay (called “sick leave”) of 15 days for absence caused by illness or disability except that every employee whose first day of service is after August 31, 2001, and every other employee with less than 15 days of accumulated sick leave accrues sick leave at the rate of 1.5 days per month. An employee who so accrues sick leave may nevertheless use up to 15 days of sick leave each year, but any sick days taken in excess of the employee’s accrued sick leave will be deducted from the employee’s last paycheck of the year.

2.                  Sick leave not used in the year of service for which it is granted accumulates from year to year to a maximum of 68 days for use by the employee for absence caused by illness or disability. Current sick leave must be expended before the use of accumulated sick leave. At the start of each school year, the Committee shall notify each employee of the number of days of sick leave the employee used during the previous school year.

3.         An employee may use sick leave for personal illness, disability, or to comply with the quarantine regulations of any municipal or state health department.

(a)                An employee is considered ill or disabled if he/she is physically unable to perform any and every duty pertaining to his/her employment.

(b)               Sick leave is not available for illness or disability due to intentionally self-inflicted injuries or participation in the commission of a felony, nor is it available for illness or disability due to drug addiction or alcoholism, except (i) during confinement in a hospital or other institution specializing in such disabilities, and (ii) immediately following such confinement for a period of not more than 20 working days.

(c)                In cases where excessive absenteeism because of claimed illness occurs, the Committee reserves the right to require the employee to submit satisfactory proof of illness or disability and such subsequent proof of its continuation as may reasonably be required.

(d)        An employee may be granted three days leave from sick leave for serious illness in the family providing such leave is approved by the superintendent-director or his/her designee.

4.         A sick leave bank is established for use by eligible employees who have exhausted their own sick leave and who have a serious illness or disability.

(a)                All employees shall make an initial contribution of one day of their annual sick leave to fund the sick leave bank.

(b)               If the sick leave bank is exhausted, all employees are assessed an additional day, which is deducted from their 15 days of annual sick leave. The sick leave bank committee shall determine when the bank is exhausted and, to the fullest extent possible, shall assess this additional day or days during the first pay period of the year.

(c)                The sick leave bank is administered by a sick leave bank committee, which consists of two members designated by the Committee and two members designated by the Association. In the event of a tie vote, the decision is made by a neutral third party, jointly appointed by the members of the sick leave bank committee. The sick leave bank committee shall determine the eligibility for use of the bank and the amount of leave to be granted from it, using the following criteria: (i) adequate medical evidence of serious illness or disability; (ii) prior utilization of all eligible sick leave; and (iii) propriety of use of previous sick leave. The sick leave bank shall determine all requests for sick leave and state the reasons for its decisions in writing. The decisions of the sick leave bank with respect to eligibility and amount of sick leave are final and not subject to any appeal.

(d)               The sick leave bank committee shall not make an initial grant from the bank to an employee in excess of 30 days. On completion of the initial 30-day period, the sick leave bank committee may grant additional sick leave on demonstration of need by the applicant.

(e)        Any sick leave granted to an employee under this section expires at the end of the school year in which it is granted.

(f)        The definition of illness or disability and the exclusions from sick leave benefits in Paragraph 3 of this section apply to this paragraph.

(g)        As soon as an employee becomes eligible to receive benefits from the long-term disability income insurance policy provided under Paragraph 5 of this section, he/she is no longer eligible to receive benefits from the sick leave bank established under this paragraph.

5.         The Committee and the Association shall negotiate with insurance companies and purchase, on such terms and conditions as they may agree, a policy or policies of long-term disability income insurance for the benefit of employees.

(a)        The Committee shall pay 65 percent of the total monthly premium for each employee for this insurance coverage.

(b)        Each employee shall give the Committee and the insurance company or companies written authorization to make periodic deductions of the employee’s share of the cost of the monthly premium.

(c)        This insurance will provide each eligible employee, as a minimum, with scheduled monthly benefits of two-thirds of the employee’s basic monthly compensation, not to exceed a maximum of $2,500, less any social security and workers’ compensation benefits that are or could be provided.

(d)        This insurance coverage provides for a waiting period of 90 calendar days before benefits begin.

6.         If an employee is gainfully employed outside the School District during any part of a calendar day, he/she is not entitled to use sick leave for an absence from school on that day.

B.         Sabbatical Leave The Committee may grant a sabbatical leave of absence to an employee for an organized program of professional advancement. Sabbatical leave is designed to improve the quality of education in the school system, thus increasing the benefits accruing to students, and is subject to the following conditions:

1.                  The program of professional advancement is approved by the superintendent-director.

2.                  The employee has completed at least seven consecutive full school years of employment in the school system.

3.                  Employees requesting sabbatical leave must make written application (on a form approved by the Committee) to the Commit tee by January 1. The Committee shall act on all such requests not later than April 1.

4.                  If the Committee receives more than one application in a particular year, it shall consider the following factors in evaluating the applications: (i) the educational value of the proposed program to the school system; (ii) the quality of the past performance of each employee; and (iii) the length of service of each employee. Any decision by the Committee on an employee’s application for a sabbatical leave is final and binding unless the Association proves that the decision is unreasonable.

5.                  On an employee’s return from sabbatical leave, the Committee shall place the employee on the appropriate step of the salary schedule as if the employee had not taken a sabbatical leave of absence.

6.                  The employee must agree in writing that on termination of sabbatical leave he/she will return to the service of the Commit tee for a period equal to twice the length of the sabbatical leave and that, in default of completing such service, he/she will refund to the Committee an amount of money equal to such proportion of salary received by him/her while on sabbatical leave as the amount of service not actually rendered as agreed to, bears to the whole amount of service agreed to be rendered.

7.                  Sabbatical leave is limited to one school year.

8.                  An employee’s salary during sabbatical leave is 50 percent of his/her regular teaching salary. The Committee may, at its option, pay more than 50 percent of the employee’s regular teaching salary while he/she is on sabbatical leave, but in no case will the total remuneration paid to the employee exceed the annual compensation he/she would have received had he/she not taken sabbatical leave.

C.         Bereavement Leave

1.                  The Committee shall give an employee a reasonable leave of absence with pay because of a death in his/her immediate family for a period not to exceed three school days. An employee may take four additional days’ leave of absence for this purpose, which will be deducted from his/her sick leave.

2.                  “Immediate family,” as used in this section, includes the employee’s spouse, children, parents, siblings, grandchildren and grandparents; the employee’s spouse’s children, parents, siblings, grandchildren and grandparents; and other persons residing in the employee’s household.

D.        Reserve Duty The Committee shall grant to each employee who is a member of a reserve component of the armed forces of the United States a leave of absence during the time of the employee’s annual tour of duty, not to exceed 17 days. During such a leave, the Committee shall pay the employee the difference between the employee’s regular salary from the District and the military pay to which the employee is entitled. The superintendent-director may, at his/her option, request the commanding officer of any employee who applies for leave of absence for reserve duty to defer the employee’s reserve duty until the completion of the school year.

E.         Personal Leave There may be personal conditions or circumstances that require employee absenteeism for reasons other than those mentioned elsewhere in this agreement. The Committee shall grant an employee a leave of absence with pay, not to be accumulated, under the following conditions:

1.                  Personal leave if available only in situations of urgency, for the purpose of conducting personal business.

2.                  An employee desiring to use personal leave shall submit a notice in writing to the superintendent-director at least five days before the anticipated absence, except in the case of an emergency, in which case the employee shall notify the superintendent-director as soon as possible. The employee shall describe in his/her notice for personal leave the general reasons for taking personal leave, unless the reason is extremely confidential, in which case the employee shall explain the reason orally to the superintendent-director, except that an employee need not give a reason for taking one of his/her two annual personal days.

3.                  Personal leave is not available during the first or last two weeks of the school year or on the first working days preceding or following a vacation period or holiday, except in the case of an emergency.

4.                  Each employee receives two days of personal leave per year, non-cumulative.

F.         Educational Leave

1.                  The superintendent-director may grant an employee a leave of absence with pay for the purpose of visiting other schools or attending meetings or conferences relating to curriculum development or organizational structure if the teacher presents a written proposal to the superintendent-director at least seven days before the leave begins. The superintendent-director shall evaluate proposals on the basis of their value to the educational program at the Cape Cod Regional Technical High School.

2.                  Subject to the approval of the superintendent-director, the Committee shall pay expenses incurred by an employee on educational leave (such as registration fees, meals, lodging, and transportation). A list of anticipated expenses must be included with the proposal for the approval of the superintendent-director.

3.                  Employees requesting reimbursement for expenses under this section shall submit to the superintendent-director a voucher documenting the expenses for which reimbursement is sought.

G.        Jury Service If an employee is required to serve as a grand or trial juror in a federal or state court during the school year, the Committee shall grant the employee a leave of absence with pay on the days on which the employee serves as a juror on the condition that the employee turn over to the District any compensation he/she receives from the court for that service (exclusive of any travel allowance).

H.        Association Leave (Paid)

1.                  Unit A representatives of the Association will be allowed five days of paid leave in the aggregate each year to attend the MTA annual convention or other official MTA business. (For example, five Association representatives from Unit A may each take one day of paid Association leave to attend the MTA annual convention or other official MTA business, or one Association representative from Unit A may take five days of paid Association leave, or any similar combination that does not exceed a total of five days of paid leave each year.)

2.                  An employee desiring to use Association leave shall submit a notice in writing to the superintendent-director at least five days before the anticipated absence.

3.                  The superintendent-director may require the Association to designate a substitute representative to take Association leave if the absence of an original representative would leave a shop with inadequate coverage.

Article XIII. Grievance Procedure

A.        Definition A “grievance” is a dispute over the application or interpretation of any provision of this agreement.

B.         Purpose

1.                  The purpose of this procedure is to secure at the lowest possible administrative level equitable solutions to problems that may from time to time arise with respect to the application or interpretation of this agreement. Proceedings under this article should be kept as informal and confidential as is appropriate at any level of the procedure.

2.                  Nothing in this article limits the right of any employee having a grievance to discuss the matter informally with any appropriate member of the administration and to have the grievance adjusted without the intervention of the Association if the Association is given an opportunity to be present at the adjustment discussions and to state its views and if the adjustment is not inconsistent with the terms of this agreement.

C.         General Provisions

1.                  All records and documents relating to, or referring to, the processing of grievances will be filed separately from the personnel files of the employee or employees participating in the grievance.

2.                  All decisions made at Steps 2 through 4 of this procedure will be in writing, will state the reasons for the decision, and will be forwarded promptly to the employee or employees who initiated the grievance and to the Association. 3. The Committee shall not take any reprisals against any employee or the Association in connection with the proper use of the grievance procedure.

D.        Time Limits

1.                  An employee with a grievance must institute proceedings under Step 1 of the grievance procedure within 10 school days after the event or events on which the grievance is based or within 10 school days after the date on which the employee knew or should have known of the event or events on which the grievance is based and, if the grievance is not satisfactorily resolved at Step 1, must file the grievance in writing with the principal at Step 2 of the grievance procedure within 20 school days after the event or events on which the grievance is based or within 20 school days after the date on which the employee knew or should have known of the event or events on which the grievance is based. The failure to comply with these time limits is deemed a waiver of the grievance.

2.                  The failure at any step of the grievance procedure to communicate the decision on the grievance within the specified time limits entitles the employee (or the Association if the grievance is a class grievance) to appeal to the next step.

3.                  The failure at any step of the grievance procedure to appeal to the next step within the specified time limits is deemed an acceptance of the decision reached at that step.

4.                  Time limits may be extended only by mutual agreement in writing. A party’s waiver of any time limit set forth in this article does not obligate that party to waive that time limit or any other time limit in the future.

E.         Class Grievances

1.                  If a group or class of four or more employees are equally and directly affected by a grievance, the Association may submit a class grievance on behalf of those employees.

2.                  Class grievances are subject to the same time limits and must follow the same procedural steps as individual grievances.

3.                  Except for class grievances, the Association shall not pursue any grievance without the written consent of the affected employee or employees.

F.         Procedure The following procedure applies to all grievances:

1.         Step One:

(a)                An employee with a grievance (with or without an Association representative) may discuss the grievance with his/her immediate supervisor within 10 school days after the event or events on which the grievance is based or within 10 school days after the date on which the employee knew or should have known of the event or events on which the grievance is based.

(b)               Any meeting held to discuss a grievance at Step 1 must be held during non-class hours.

2.         Step Two:

(a)                If the grievance is not satisfactorily resolved at Step 1, the employee (or the Association) shall reduce the grievance to writing and may file it (in writing) with the principal within 20 school days after the event or events on which the grievance is based or within 20 school days after the date on which the employee knew or should have known of the event or events.

(b)               Within 10 school days after receipt of the grievance at Step 2, the principal shall meet with the employee in an effort to settle the grievance.

(c)                The principal shall communicate his/her decision on the grievance to the employee and the Association within 10 school days after the Step 2 meeting.

3.         Step Three:

(a)                If the grievance is not satisfactorily resolved at Step 2, or if the principal has not communicated his/her decision to the employee and the Association within 10 school days after the Step 2 meeting, the employee (or the Association) may file the grievance (in writing) with the superintendent-director within five school days after receipt of the principal’s decision or within five school days after the expiration of 10 school days after the Step 2 meeting without receipt of the principal’s decision, whichever is applicable.

(b)               Within 10 school days after receipt of the grievance at Step 3, the superintendent-director shall meet with the employee in an effort to settle the grievance.

(c)                The superintendent-director shall communicate his/her decision on the grievance to the employee and the Association within 10 school days after the Step 3 meeting.

4.         Step Four:

(a)        If the grievance is not satisfactorily resolved at Step 3, or if the superintendent-director has not communicated his/her decision to the employee and the Association within 10 school days after the Step 3 meeting, the employee (or the Association) may file the grievance (in writing) with the secretary of the Committee within five school days after receipt of the superintendent-director’s decision or within five school days after the expiration of 10 school days after the Step 3 meeting without receipt of the superintendent-director’s decision, whichever is applicable.

(b)               At its next regular meeting after receipt of the grievance at Step 4, the Committee shall meet with the Association in an effort to settle the grievance.

(c)                The Committee may designate a subcommittee, which may include persons who are not members of the Committee, to hold a hearing or otherwise investigate the grievance.

(d)               The Committee shall communicate its decision on the grievance to the Association within 15 school days after the Step 4 meeting.

5.         Step Five:

(a)                If the grievance is not satisfactorily resolved at Step 4, or if the Committee has not communicated its decision to the Association within 15 school days after the Step 4 meeting, the Association and the Committee may by mutual agreement refer the grievance to mediation (by giving written notice of the referral to the Committee) within 10 school days after receipt of the Committee’s decision or within 10 school days after the expiration of 15 school days after the Step 4 meeting without receipt of the Committee’s decision, whichever is applicable.

(b)               The parties shall select, by agreement, a mediator who is an impartial person, experienced in the mediation of labor disputes, and knowledgeable in the area of vocational education. If the parties are unable to agree on a mediator within 10 school days following the referral to mediation, each party shall choose one mediator and the two so chosen shall select a third, all of whom must have the qualifications described above.

(c)                The parties shall share equally the fees and expenses of the mediator or mediators.

(d)               The mediator or mediators shall meet with the parties or their representatives, jointly, within 30 school days after the referral to mediation. If the grievance is not resolved satisfactorily to both the Committee and the Association at that mediation meeting (or at any subsequent mediation meeting agreed to by both parties), the mediator or mediators shall declare the mediation concluded. No report or recommendation issued or made by the mediator or mediators is binding on either party.

6.         Step Six:

(a)        If the grievance is not resolved to the satisfaction of both parties during mediation (at Step 5), or in the event that the Parties do not agree to refer the grievance to mediation, the Association may submit the grievance to arbitration (by giving written notice of the submission to arbitration to the Committee) within 10 school days after the date on which the mediator or mediators declare the mediation concluded or within 10 school days after the Committee indicates its unwillingness to agree to refer the grievance to mediation.

(b)               The arbitrator will be selected in accordance with, and the arbitration proceeding will be governed by, the Voluntary Labor Arbitration Rules of the American Arbitration Association, as amended and in effect at the time of the submission to arbitration.

(c)                The parties shall share equally the fees and expenses of the arbitrator.

(d)               The decision of the arbitrator is final and binding on the parties, but the arbitrator’s power is limited to the interpretation or application of the express terms of this agreement. The arbitrator has no power to alter, add to, or subtract from, the terms of this agreement as written or to substitute his/her judgment for the Committee’s in those areas reserved for the discretion of the Committee by this agreement or under law or where the Committee’s decision is final and binding under this agreement.

7.         If a grievance is based on action taken by the principal, the employee may discuss the grievance at Step 1 with the principal, rather than the employee’s immediate supervisor. If a grievance is based on action taken by the superintendent-director or the Committee, the employee may discuss the grievance at Step 1 with the superintendent-director, and, if the grievance is not resolved at Step 1, shall file the grievance (in writing) with the superintendent-director at Step 3 (but within the time limits for filing at Step 2).

G.        Exclusive Remedy

1.                  In any matter involving the suspension, dismissal, removal, or termination of an employee, which is not specifically excluded from arbitration under the terms of this agreement, the employee affected by the suspension, dismissal, removal, or termination may elect arbitration as the exclusive procedure for resolving any grievance involving the suspension, dismissal, removal, or termination.

2.                  The arbitration provisions of this agreement do not apply to a grievance involving suspension, dismissal, removal, or termination unless the employee affected elects the grievance and arbitration provisions of this article as final and binding and as the exclusive procedure for resolving the dispute over the suspension, dismissal, removal, or termination.

3.                  In any matter involving the suspension, dismissal, removal, or termination of an employee in which the employee is afforded an opportunity for a hearing under Mass. Gen. Laws ch. 71, § 42, the employee may elect arbitration under Section F, Paragraph 6, of this article as the exclusive procedure for resolving the dispute over the suspension, dismissal, removal, or termination by giving the Committee written notice of the submission to arbitration within 10 school days after the date on which the Committee renders its decision under Mass. Gen. Laws ch. 71, § 42.

4.                  In any matter involving the suspension, dismissal, removal, or termination of an employee in which the employee is not entitled to an opportunity for a hearing under Mass. Gen. Laws ch. 71, § 42, the employee may elect arbitration under Section F, Paragraph 6, of this article as the exclusive procedure for resolving the dispute over the suspension, dismissal, removal, or termination by giving the Committee written notice of the submission to arbitration within 10 school days after the date on which the mediator or mediators (at Step 5 of the grievance procedure) declare the mediation concluded.

5.                  The failure of an employee to elect one remedy from a choice of remedies in a matter involving suspension, dismissal, removal, or termination is justifiable ground for the Committee to refuse to process the grievance, and such refusal is not a violation of this agreement.

Article XIV.

Miscellaneous Provisions

A.        Savings Clause If any provision of this agreement is found by a court of competent jurisdiction to be contrary to law, then that provision is deemed invalid except to the extent permitted by law, but all other provisions continue in full force and effect.

B.         Notices and Announcements

1.                  The Committee shall make all official circulars and a copy of school programs available to all employees.

2.                  The Committee shall furnish a copy of its rules to the president of the Association.

3.                  On the first day of the school year and on reasonable request, the administration shall make available to each employee information on his/hers accumulated sick leave.

4.                  The Committee shall furnish a list of employees’ names and addresses to the treasurer of the Association and furnish him/her with an addendum to that list whenever necessary. The Committee shall make a directory of personnel available to all employees.

5.                  The Committee shall make the school calendar, listing holidays and pay days, available to each employee at the beginning of the school year.

6.                  To the fullest extent possible, the administration shall give each employee a copy of his/her teaching and non-teaching assignments for the next year by June 1.

C.         Printing of Agreement The Committee and the Association shall share equally the cost of producing copies of this agreement. The Committee shall distribute copies of this agreement to each employee presently employed by it (within 30 days after the signing of this agreement or by its effective date, whichever is later) and to each new employee hired during the term of this agreement. The Association may place up to three copies of this agreement in the school library as reference books.

D.        Off-Campus Duties The Committee shall pay each employee his/her daily pay if it requires him/her to attend conferences, institutes, or other off-campus functions. This requirement does not apply to any time spent by an employee to comply with the professional improvement provision in Appendix A or with the professional improvement requirements set by the Division of Occupational Education of the Massachusetts Department of Education.

E.         Substitutes

1.                  Permanent substitutes are placed on the appropriate step of the salary schedule in accordance with Article IX, Section A, Paragraph 3, and are entitled to all the benefits given to regular employees under this agreement.

2.                  Temporary substitutes are placed on the appropriate step of the salary schedule in accordance with Article IX, Section A, Paragraph 3, after they have served for 60 consecutive school days. (During the initial 60-day period, temporary substitutes are entitled to the Committee’s contribution to group insurance premiums as required by Mass. Gen. Law ch. 32B. After the 60-day period, temporary substitutes are entitled to non-cumulative sick leave, personal leave, bereavement leave, educational leave, and the leaves described in Article X, Section E, in each case prorated based on the length of the appointment.)

F.         Program Development The Committee and the Association recognize the desirability of developing sound programs for the improvement of the educational structure of the school system. To that end, the following procedure is established:

1.                  Before each public meeting of the Curriculum subcommittee (a sub-committee of the Committee), the Committee shall furnish the president of the Association with a copy of the agenda of that meeting of the Curriculum subcommittee. As used in this article, “public meeting” means any meeting except a meeting or portion of a meeting held in executive session.

2.                  Any employee, as a member of the public, is entitled to attend public meetings of the Curriculum subcommittee. In addition, the Association is entitled to designate representatives to attend each public meeting of the Curriculum subcommittee. Those representatives may make proposals to the Curriculum subcommittee concerning subjects that are within the jurisdiction of the Curriculum subcommittee and that are under consideration by the Curriculum subcommittee at the public meeting at which the programs are discussed. Any written proposals intended to be made to the Curriculum subcommittee must be furnished to the superintendent-director at least five school days before the meeting at which the proposals are in tended to be made, or within 48 hours after the Association receives the agenda for that meeting, whichever is later.

3.                  Among the items to be considered by the Curriculum subcommittee are: potential reduction in personnel, procedures for employee evaluation, professional development, training of student teachers and interns, and other items of mutual concern. This subcommittee has no authority to deal with grievances. Nothing contained in this Section F limits the powers of the Committee with respect to the consideration or implementation of school policy.

4.                  This section is intended to provide a vehicle through which the Association may communicate with the Curriculum subcommittee on matters within the jurisdiction of that subcommittee that affect the Association as exclusive bargaining representative of employees. It is not intended to permit individual employees or groups of employees to circumvent the normal administrative structure of the school system.

Article XV. Duration of Contract

1.                  This agreement is effective as of September 1, 2007, and continues in effect until August 31, 2010. This agreement cannot be extended orally, and it expires on the date indicated.

2.                  On or after October 1, 2009, the Committee or the Association may notify the other in writing of its intention to negotiate a successor agreement (and provide copies of its written proposals for a new agreement).

3.                  See Article VIII, Section A, of this agreement for the circumstances under which the parties agree to reopen that section.

Cape Cod Regional Technical High                 Cape Tech Association School

District Committee

By ______________________________  By _____________________

Date ____________________________  Date ____________________

Appendix A

Differentials

NURSE: Works a 190-day contract year; paid at appropriate step on Level I, Steps 1–5, plus $350.

ATHLETIC DIRECTOR: Works a 190-day contract year and receives the differential set forth in the salary schedule for coaches and club advisors.

MASTER’S DEGREE: Any academic teacher with a master’s degree that meets the requirements in Note 5 of the Level Determination section of Appendix A for advancement on the salary schedule will receive a differential of $600 per year starting in 2007–2008. The differential shall increase to $675.00 per year starting in 2008-2009. The differential shall increase to $750.00 per year starting in 2009-2010.

LEAD TEACHERS: Receive the differentials shown in the following table:

(Lead teachers may choose these responsibilities as well or pass them on to another in the department.)

 

Programs will be reviewed each year for accuracy by the administration, which will provide the Association with updated information on the number of teachers in each shop and department and service responsibilities before the start of each school year.

HOURLY RATES OF PAY: There are two classes of hourly compensation: Class I applies to instructional services rendered outside the regular school day (such as instructional services rendered after school or rendered for less than six weeks during the summer) and to instructions in the Pre-Voke Program. Class II applies to non-instructional services rendered by vocational instructors in plying their trade for the District (such as a plumbing instructor doing plumbing work on school facilities), to instructional services rendered for six weeks or more during the summer, and to the Pre-Voke

Level Determination

Each teacher will be placed on the appropriate level of the salary schedule in accordance with the following:

Vocational Teacher

LEVEL I:         State approval in the occupational area in which the teacher is employed to teach.

LEVEL II:        State approval plus 15 credits toward an associate’s or a bachelor’s degree.

LEVEL III:       State approval plus an associate’s degree or 60 credits toward a bachelor’s degree.

LEVEL IV:      State approval plus either an associate’s degree and 30 credits toward a bachelor’s degree or 90 credits toward a bachelor’s degree.

LEVEL V:        State approval plus a bachelor’s degree.

Academic Teacher

LEVEL I:         State certification with a bachelor’s degree.

LEVEL II:        State certification with a bachelor’s degree plus 15 additional credits.

LEVEL III:       State certification with a master’s degree.

LEVEL IV:      State certification with a master’s degree plus 15 credits.

LEVEL V:        State certification with a master’s degree plus 30 credits.

LEVEL VI:      State certification with a doctorate.

Notes

1.                  For vocational teachers, “state approval” means provisional or full approval by the Division of Occupational Education under 603 CMR 4.10 in the occupational areas in which they are employed to teach.

2.                  For vocational teachers, “degree” means a degree from an accredited college or university in the occupational areas in which they are employed to teach, in engineering, in occupational education, or in secondary education.

3.                  If a vocational teacher has a degree, or credits toward a degree, other than a degree as defined in Note 2, he/she or she may obtain a statement from an accredited college or university of the number of credits the college or university would accept toward acquisition of a degree as defined in Note 2. Upon presentation of that statement, the teacher will be placed on the level of the salary schedule commensurate with the number of credits that the college or university agrees to accept.

4.                  For academic teachers, “state certification” means certification by the Bureau of Teacher Preparation, Certification and Placement under 603 CMR 7.00 in the subject areas in which they are employed to teach.

5.                  For academic teachers, course work beyond the bachelor’s degree must be in the subject areas in which they are employed to teach or in secondary education, or prior approval for that work must be obtained from the Superintendent-Director to qualify for level advancement on the salary schedule.

6.                  The criteria for level placement for academic teachers governs advancement from Level II through Level VI for vocational teachers employed to teach in the home and community (health, fashion, interior, early childhood development), agriculture, and distributive education occupational areas.

7.                  Each teacher is responsible for assuring that confirmation of all credits and degrees earned is given to the superintendent-director’s office. Changes in level placement take effect with the payroll period beginning immediately following receipt of that confirmation by the superintendent-director’s office.

8.                  The terms “master’s degree plus 15 credits” and “master’s degree plus 30 credits” mean that the credits a teacher needs to move from Level III to Level IV or from Level IV to Level V of the salary schedule must be earned after the teacher has acquired a master’s degree.

Longevity Plan

1.         To provide an incentive for experienced employees to continue serving in the District, the Committee shall make annual longevity payments as follows:

(a)                An employee with at least 15 but not more than 19 years of service in the District is entitled to an annual longevity payment of $900 in 2007–2008, $900 in 2008–2009, and $900 in 2009–2010.

(b)               An employee with at least 20 but not more than 24 years of service in the District is entitled to an annual longevity payment of $1,400 in 2007–2008, $1,400 in 2008–2009, and $1,400 in 2009–2010.

(c)                An employee with at least 25 years of service in the District is entitled to an annual longevity payment of $2,000 in 2007–2008, $2,000 in 2008–2009, and $2,000 in 2009–2010.

2.                  The Committee shall make longevity payments no later than December 15 of each year.

3.                  For purposes of this plan, service in the District includes periods of paid (but not unpaid) leaves of absence (including sabbatical leaves of absence) and periods of service in the Barnstable vocational school for which an employee is entitled to credit under Mass. Gen. Laws ch. 71, § 42B, because his/her position was superseded by the establishment of the District.

Course Reimbursement

Before completing three years of service at Cape Cod Tech, the teacher will complete a course, which supports The Principles of Effective Teaching and/or the Goals of the District designated by the Superintendent, without additional compensation, however the school will provide tuition for this course within the parameters of the contractual agreement on course reimbursement. The Committee shall reimburse employees for tuition and fees for courses taken by them to improve their ability to perform the duties of their positions at school, subject to the following conditions:

1.                  The General Course Reimbursement Amount for 2007-2008 shall be $500.00 per year. The General Course Reimbursement Amount for 2008-2009 shall be $550.00 per year. The General Course Reimbursement Amount for 2009-2010 shall be $600.00 per year. Employees shall be reimbursed in accordance with the terms of this Course Reimbursement section of Appendix A. For those teachers who have been employed for six years or less, the course reimbursement amount available shall be up to a maximum of double the amount of the General Course Reimbursement Amount. All other teachers receiving this benefit shall be reimbursed up to a maximum of the General Course Reimbursement Amount.

2.                  This course reimbursement policy does not apply to employees on sabbatical leave.

3.                  To qualify for tuition reimbursement, courses must be conducted by accredited colleges or universities or by accredited professional training schools approved by the Committee.

4.                  To qualify for tuition reimbursement, courses outside the employee’s area of specialization must be approved in writing in advance by the superintendent-director. “Area of specialization” means the subject area (such as auto technology, plumbing and heating, English, or social studies) or administrative department (such as guidance, health services, or special needs) in which the employee is employed when he/she submits a course approval/reimbursement form to the superintendent-director.

5.                  The Committee shall make reimbursement after the employee submits evidence of satisfactory completion of each course. To be eligible for reimbursement, the employee must still be employed by the Committee when he/she submits evidence of course completion.

6.                  No course qualifies for tuition reimbursement unless the employee submits a completed course approval/reimbursement form (available from the superintendent-director's office) to the superintendent-director at least 30 days before the course begins. The superintendent-director will return the form to the employee within 15 days with an indication whether the course is outside the employee's area of specialization and, if so, whether the course is approved for reimbursement.

7.                  The Committee will waive the 30-day advance notice requirement in Paragraph 7 if an employee can establish to the satisfaction of the Committee that the employee could not reasonably have known that the course would be offered. To be eligible for a waiver, an employee must submit a completed course approval/reimbursement form to the superintendent-director within five days after the employee learns that the course will be offered and must attach a copy of a dated course announcement, if available.

Professional Improvement

1.                  Each employee assigned to a position for which vocational approval is required shall comply with the professional improvement requirements of the Department of Education's Chapter 74 regulations.

2.                  Each employee assigned to a position for which academic certification is required shall acquire— every three years—at least three semester hours of further academic credit from an accredited college or university in the employee's area of specialization, as that term is defined in Paragraph 5 of the course reimbursement section, above.

National Board of Certification Recognition

Any employee who obtains National Board of Certification recognition will receive a stipend of $500 per year.

Unit A Salary Schedule

2007-2008 (3%)

2008-2009 (3.25%)

2009-2010 (2.75%)

Salary Schedule for Coaches and Club Advisors

 

 

For purposes of advancement from one level to another on the coaches’ salary schedule, two years of coaching experience at the freshmen or junior varsity level will equal one year of coaching experience at the varsity level.

Salary Schedule - Club Advisors

Appendix B

The Committee and the Association have agreed to arrive at a new evaluation instrument and process to be utilized beginning with the 2007-2008 academic year and thereafter. This evaluation instrument and process shall replace all other instruments and processes being utilized in the School for Unit A. The Parties agreed at the final bargaining session that this new instrument and process would be agreed upon and reduced to writing by representatives of the Parties prior to any ratification vote on the terms of the successor contract as outlined in this Memorandum of Understanding. The new instrument and process, once reduced to writing, shall be attached to this Memorandum of Understanding as Exhibit A.

EXHIBIT A

ACADEMIC AND TECHICAL TEACHER EVALUATION INSTRUMENT

Purpose of Evaluation:

The purpose of evaluation is to maximize teaching and learning so that all students can achieve at the highest possible level. Evaluation as a part of supervision:

•       Acknowledges the key role that teachers play in student learning.

•       Recognizes that there is a strong research base that identifies instructional practices that have a positive impact on student learning.

•       Fosters continuous professional growth.

•       Provides a framework around which we build the capacity of our instructional staff.

•       Builds a collaborative partnership between teachers and supervisors.

•       Provides positive and constructive feedback along with supportive resources and assistance.

•       Includes a process for teachers to set objectives that support their own professional growth within the standards of the 7 Principles of Effective Teaching, as well as support the school mission goals and objectives expressed in the District Improvement Plan.

•     Provides positive and constructive feedback along with supportive resources and assistance.

Principles of Evaluation

•       The performance standards will be shared in writing with the person who is being evaluated in advance of the evaluation process.

•       The performance standards will be specific and measurable.

•       The person being evaluated will be encouraged to gather and share information that further demonstrates meeting the instructional standards. This information will be incorporated into the evaluation.

•       The person who is evaluated will have an opportunity to respond to evaluation reports in writing, within ten school days of the post-conference.

State Regulations will be followed in this document. Professional employee performance will be measured by whether professional employees meet the standards stated in the Principles of Effective Teaching adopted by the Massachusetts Board of Education, which are incorporated herein.

Seven Performance Areas of Effective Teaching

For Academic and Technical Teachers:

I.                    Performance Area: The teacher demonstrates currency in the curriculum

Standards: The teacher:

•       Demonstrates working knowledge of the appropriate Frameworks and uses them for the basis of planning, instruction, and assessment

•       Works collaboratively toward the evaluation and improvement of curriculum.

•       Can translate the standards into appropriate goals that assist students in understanding their own learning goals.

II.         Performance Area: The teacher shows evidence of effective planning for instruction and assessment

Standards: The teacher:

•       Has and conveys to students a clear learning goal for each unit of study.

•       Clearly connects planned learning activities to standards and learning objectives.

•       Demonstrates that differentiated learning is addressed in instructional planning.

•       Uses available student performance data in long term instructional planning.

•       Identifies and prepares appropriate resources, including technology, to support the instructional learning objectives prior to the lesson.

•       Plans activities to identify and activate prior knowledge among students in an effort to help them access the new learning.

•       Anticipates and plans for pre-learning, such as concepts or vocabulary that will be needed by students in order for them to succeed with the planned learning activities.

•       Plans activities that will engage students in active learning.

•       Plans instructional activities that allow students to work independently and in groups in order to reinforce important life and workforce skills such as teamwork, task completion and time management.

•       Designs learning opportunities that allow students to take increasing responsibility for their own learning.

•       Demonstrates an integration of critical literacy skills, such as reading, listening, writing and speaking, into the teacher’s content area.

•       Includes multiple assessments, formative and summative, informal and formal, that will provide an accurate assessment of student learning based on the learning standards and objectives for the unit of instruction.

•       Incorporates learning activities that provide authentic practice for summative assessments.

III.       Performance Area: The teacher shows evidence of effective management of classroom and shop environments

Standards: The teacher:

•       Instructs, models, and maintains safe behavior within the classroom, shop setting and on all worksites

•       Instructs, models, and maintains student behavior that is consistent with positive employability skills.

•       Creates an environment in which students are interacting with concepts, resources, the teacher, and other students in a productive way.

•       Has established clear behavioral expectations for the shop and classroom, and has a plan to effectively enforce the expectations.

•       Demonstrates a variety of effective strategies for managing student behavior.

•       Seeks assistance from appropriate school staff and parents, when her/his own attempts to resolve management issues are not successful.

•       Has established shop and classroom routines that optimize time on learning tasks.

•       Demonstrates fair and consistent enforcement of school, shop, and classroom rules.

•       Demonstrates positive reinforcement of positive student behavior.

IV.       Performance Area: The teacher demonstrates effective instruction

Standards: The teacher:

•       Shares, explains and reinforces the learning goal with students throughout the instruction of the unit.

•       Shares the agenda or plan of activities for the unit of instruction.

•       Regularly checks for student understanding during instruction.

•       Identifies a student or students’ lack of comprehension and take effective steps to clarify.

•       Regularly makes connections between his/her content and skills, and other areas of learning and work.

•       Incorporates effective instructional strategies such as teaching similarities and differences, using graphic representations, activating prior knowledge, summarization note taking, reinforcing and recognizing effort within the content area.

•       Uses effective questioning to promote and assess learning.

•       Demonstrates skill with students of varying learning styles and needs.

•       Clearly informs students about how they will be assessed within the class.

•       Effectively uses technology to support learning.

V.        Performance Area: The teacher demonstrates high standards and expectations for student achievement

Standards: The teacher:

•       Clearly articulates the learning goal to all students.

•       Regularly communicates with students about their progress toward the learning goal.

•       Effectively conveys a positive message to students about their ability to succeed and the teacher’s willingness to support them.

•       Provides concrete opportunities for extra help for struggling students.

•       Ensures a respectful learning environment in which students are likely to feel safe taking risks and making mistakes.

•       Reinforces effort and perseverance among students.

•       Provides opportunities for students to set goals and assess their own progress toward those goals.

•       Provides instruction in the context of the belief that all students can learn.

•       Works to build positive relationships with students, parents and appropriate community and business representatives.

•       Celebrates student success by providing feedback.

•       Models and provides assistance for students as they work to develop effective learning strategies and work habits.

VI.       Performance Area: The teacher demonstrates an appreciation of diversity and promotes equal access among all students

Standards: The teacher:

•       Shows sensitivity to differences, to ethnic and cultural backgrounds, gender differences, communication modes, physical abilities and in learning styles and needs.

•       Promotes and enforces a respectful classroom environment and fosters skills that nurture respectful citizenship in a diverse world.

•       Instructs, models, and maintains behavior that is consistent with legal and workforce expectations concerning Title IX and other non-discrimination laws.

VII.      Performance Area: The teacher consistently fulfills professional responsibilities

Standards: The teacher:

•       Fulfills all responsibilities relative to grading and other communication with students, parents, and appropriate school staff.

•       Communicates with parents to build a partnership that leads to student success.

•       Attends required meetings such as faculty meetings, department meetings and two open-house type Parent meetings and Advisory Board meetings, as appropriate, as per Unit A Collective Bargaining Agreement.

•       Within staff hours, works collaboratively with school staff on instructional planning, curriculum development, common assessments, evaluation of student work, data analysis and use and other activities that improve teaching and learning.

•       Participates in professional growth activities such as courses, workshops, study groups, and maintains an up to date Individual Professional Development Plan. Teachers will develop and keep the Individual PD Plan up-to-date, and supervisors will monitor and approve the plans, as per Massachusetts Department of Education requirements.

•       Maintains appropriate licensure that aligns with teaching responsibilities.

•       Promptly reports to classroom or other assigned areas.

•       Responds to requests for information or other recordkeeping in a prompt and professional manner.

•       Shows proper care of classroom equipment and materials, and promptly reports safety related issues to the appropriate personnel.

Definitions:

Summative Evaluation - A comprehensive assessment of professional performance that integrates data from observations, conferences, and teacher and evaluating supervisor-provided documentation into an evaluation using the standards stated in the 7 Performance Areas from the Principles of Effective Teaching as the framework. Summative Evaluations will be written by Evaluating Supervisors. Formal Observation - This is a scheduled time period in which an evaluating supervisor observes a teacher for a period of time no less than 30 minutes and no longer than 60 minutes in an academic class and no less than 45 and no longer than 60 minutes in a shop. It includes a pre-observation conference and post-observation conference and a written Observation Report using the Observation Report form. Performance Standards - Related groups of standards measuring the 7 Performance Areas from the Principles of Effective Teaching.

Proficient - This rating will indicate that the teacher consistently meets the criteria set forth in the standards of each of the 7 Performance Areas from the Principles of Effective Teaching. In Progress - This performance rating will indicate that the teacher partially meets the criteria set forth in the standards of each of the 7 Performance Areas from the Principles of Effective Teaching and that the teacher is making progress toward meeting them more completely.

Not Met - This rating indicates that the teacher consistently does not meet the criteria set forth in the standards of each of the 7 Performance Areas from the Principles of Effective Teaching. Administrator - Administrator is defined as the Superintendent Director, Principal and the members of the Principal’s Administrative Team, currently: Coordinator of Curriculum and Instruction, Director of Technical Programs, Director of Pupil Personnel Services, Dean of Students, and Technology Coordinator. All administrators are trained evaluating supervisors.

Conferencing and Reporting

For Observations:

Each observation will be preceded by a pre-observation conference, and will be followed by a post-observation conference. Observation reports will be communicated orally and in writing using the Observation Report form. The Observation Report will cite specific standards and identify the teacher’s instructional techniques and patterns of effective teaching, supported by evidence such as quotes or descriptions. The report will include the effect on students and the likely significance of the teacher’s action, or lack of action, on student learning. Recommendations for professional growth, based on specific standards, may also be included in this report. The teacher and evaluating supervisor will sign the Observation Report, acknowledging that they have met to discuss the report and that the teacher has received a copy of the report. The teacher’s signature does not in any way signify his or her agreement with the report contents, but rather attests to the teacher’s receipt of a copy of the report.

For Summative Evaluation:

Prior to the completion of the Summative Evaluation, a meeting will be scheduled between the teacher and the evaluating supervisor. At this meeting, all data that is pertinent to the summative evaluation will be reviewed and discussed. Teachers are encouraged to share any information or samples that provide evidence of effectively meeting the standards that are being evaluated. Similarly, the evaluating supervisor will ask questions in order to gather as much information as possible in order to make an accurate assessment of teacher performance on each standard.

After the summative evaluation is completed, the teacher will receive a copy and sign, indicating receipt of the evaluation. The teacher’s signature does not in any way signify his or her agreement with the report contents, but rather attests to the teacher’s receipt of a copy of the report. The teacher has a right to provide a written response within ten school days of the post-conference. This response will be attached to the evaluation before it is placed in the personnel file.

The Summative Evaluation will acknowledge areas of strength and proficiency and also areas in progress or not met. Any areas indicated as in progress or not met, will list specific recommendations for the teacher to implement in order to improve practice. The teacher and the evaluating supervisor will work collaboratively to support improvement which should be implemented before the next scheduled evaluation.

Evaluation Process:

Teachers who are not yet on Professional Status

Year 1:       Minimum of two and maximum of four formal observations will be conducted, at least two of which will be completed by November15. One summative evaluation will be completed by April 15

Year 2:       Minimum of two and maximum of four formal observations. One summative evaluation completed by April 15

Year 3:       Minimum of two and maximum of four formal observations. One summative evaluation completed by April 15.

Teachers who have Professional Status

PTS Year 1: Personal Action Year: In the fall of the first year of the four year cycle for those with

Professional Status, the teacher and evaluating supervisor will collaborate to set goals and objectives for the Personal Action Year.

Plans will be recorded on the Personal Action Plan Form and will be submitted to the evaluating supervisor no later than October 1. The evaluating supervisor will review the plans by October 15. Should the Personal Action Plan not align with the standards of the 7 Principles of Effective Teaching or not support the teacher’s approved Individual Professional Development Plan and the District Improvement Plan goals, the evaluating supervisor will suggest specific remedies. The revised Personal Action Plan must be submitted to the evaluating supervisor prior to December 1.

At the request of the teacher and with the approval of the evaluating supervisor Personal Action Plans can be extended to two years and take the place of a Reflection Year but must include a summative evaluation.

Personal Action Plans should reflect substantial and continuous activity for the year. It may or may not involve collaborative work with other teachers or supervisors. Sample activities might include, but not be limited to:

•       Course work that expands content knowledge or that strengthens instructional practice and supports improvements that are aligned with evaluation.

•       Significant curriculum revision that is a response to student data or other approved changes to existing courses or the development of new courses.

•       Approved practical research within the context of the classroom, for example the study and implementation of specific practices.

•       Joint planning of instructional units.

PTS Year 2: Self Reflections Year including summative evaluation (based on the current year and previous year) During this year, teachers are involved in reflecting on their own instructional practices. Prior to May 15, teachers will submit to their evaluating supervisor a completed Reflection Form, which summarizes their insights and perceptions about their own instructional practices and how they relate to the 7 Principles of Effective Teaching.

A comprehensive evaluation will occur and consist of one summative evaluation completed before May 15 and a minimum of one, maximum of four formal observations.

PTS Year 3: Collaborative Planning Year

During this year the teacher and evaluating supervisor will collaborate to set goals and objectives based on the 7 Principles of Effective Teaching for the Collaborative Planning Year. Planning will take place within Departments to support the Frameworks as well as between Departments as for opportunities for VAI and in support of Senior Project.

Plans will be recorded on the Collaborative Planning Year Form and will be submitted to the evaluating supervisor no later than October 1. The evaluating supervisor will review the plans by October 15.

PTS Year 4: Summative Evaluation Year

(based on the current year and previous year)

A comprehensive evaluation will occur and consist of one summative evaluation completed before May 15 and a minimum of one, maximum of four formal observations.

Teacher Observation Report

Teacher ______________________  Evaluating Supervisor ______________________

Date: __________  Start Time: ______________  End Time: __________________

Subject and Grade Observed: __________________________________________

The Observation Report will cite specific standards and identify the teacher’s instructional techniques and patterns of effective teaching, supported by evidence such as quotes or descriptions. The report will include the effect on students and the likely significance of the teacher’s action, or lack of action, on student learning. Recommendations for professional growth based on specific standards may also be included in this report.

____________________________________ _____ __________________

Evaluating Supervisor’s Signature                             Date

_____________________________________       ____________________

Teacher’s Signature                                              Date

Teacher’s signature only signifies receipt of report, not necessarily agreement with the content. Teacher Comments:

Cape Cod Regional Technical High School

Personal Action Plan

Teacher ___________________________  Professional Area __________________

This Personal Action Plan is to be completed by the teacher in consultation with the evaluating supervisor. You may use additional pages to address more than one goal.

1.            GOAL: What Performance Area or District Improvement Objective will be addressed in this plan? Please specify your Action Plan Goal.

2.            RATIONALE: How will this plan contribute to enhanced student learning?

3.            ACTIVITIES: How will the goal be accomplished?

4.            DATA: How will you assess your progress toward your goal and its impact on student learning?

_________________________________    ___________________

Teacher’s Signature                                         Date

_________________________________      __________________

Evaluating Supervisor’s Signature                           Date

Cape Cod Regional Technical High School

Professional Teacher Reflection Year Summary Form

Teacher ____________________________  School Year _________

Identify your professional growth activities for this year and comment on their significance to your growth as a teacher. What insights have you gained and how will this year impact your professional practice?

_________________________________    ___________________

Teacher’s Signature                                         Date

Cape Cod Regional Technical High School

Collaborative Planning Year Form

Teacher ________________________  Professional Area _______________

This Collaborative Planning Year form is to be completed by the teacher in consultation with the evaluating supervisor. You may use additional pages to address more than one goal.

1.               GOAL: What Performance Area or District Improvement Objective will be addressed in this Collaborative Plan? Please specify your Collaborative Planning goal.

2.               RATIONALE: How will this plan contribute to enhanced student learning?

3.               ACTIVITIES: How will the goal be accomplished?

4.               DATA: How will you assess your progress toward your goal and its impact on student learning?

______________________________    _____________________

Teacher’s Signature                                         Date

_____________________________      ____________________

Evaluating Supervisor’s Signature                           Date

Cape Cod Regional Tech Teacher Evaluation Form

7 Performance Areas from the Principles of Effective Teaching

________________________________      _______________________

Teacher’s Signature                                                  Date

________________________________    ________________________

Evaluating Supervisor’s Signature                                        Date

Teacher’s signature only signifies receipt of report, not necessarily agreement with the content. Teacher Comments:

EXHIBIT B

Modified Collaborative Unit Plan

The Committee and the Association have agreed to adopt a modified collaborative unit plan, in the form attached hereto as Exhibit B, which plan shall replace all other plans in use in the School. This plan shall be utilized by all teachers and instructors in the school commencing with the start of the 2007-2008 academic year and continuing thereafter. The Committee has agreed that its Administration will provide twelve (12) hours of training in the use of the Modified Collaborative Unit Plan, with six (6) hours of this training taking place before July 1, 2007 and the remaining six (6) hours of training taking place before September 1, 2007.

Modified Collaborative Unit Plan

1.                  A modified version of the Collaborative Unit Plan format shall replace previous lesson plan format found in the contract ending in 2007.

2.                  The mutually agreed upon a modified version of the Collaborative Unit Plan shall be in the format of “Understanding by Design”. Different approved formats may be used for planning.

3.                  The newly modified Collaborative Unit Plan shall be considered a work in progress and be mutually reviewed at the end of each year and/or after state, federal or other curriculum requirements change.

4.                  The equivalent of one (1) professional development day of six hours shall be devoted to an orientation workshop explaining/modeling the modified Collaborative Unit Plan. This workshop shall be given by a trained professional of the Collaborative Unit Plan. Part of the time in this workshop shall be designated for teachers to actually work together on the drafts of the modified Collaborative Unit Plan. Twelve (12) hours training shall be provided for all new teachers.

5.                  The equivalent of one (1) professional day of six hours shall be devoted to the continuation of developing the modified Collaborative Unit Plan. This session shall be used strictly for working on the modified Collaborative Unit Plan and allow for common planning time within or between departments and shops.

6.                  Additional time (half days, faculty meeting, department meetings, etc.) shall be scheduled to help wit the development of the modified Collaborative Unit Plan and common planning time may be scheduled.

7.                  There shall be one page minimum and no page maximum for the modified Collaborative Unit Plan, plus the attachment of the unit assessment or description of unit assessment. The modified Collaborative Unit Plan shall be for between two and six weeks of instructional time.

8.                  During a teachers’ first year using the modified Collaborative Unit Plan format, the teacher’s evaluation will not contain a rating lower than “In Progress” on the evaluation document in the Performance Area that addresses instructional planning. The evaluating supervisor shall provide specific feedback and recommendations to assist the teacher improving modified Collaborative Unit Plan skills.

9.                  After a teacher’s first year of using the modified Collaborative Unit Plan format, the full range of rating can be used to evaluate instructional planning. As is the case with all Performance Areas of the evaluation, if a teacher receives a “negative” rating on any Performance Area, it is the responsibility of the supervisor to offer specific recommendations to assist the teacher in improving in any area noted for improvement.

10.              Timeline for products:

a.         No product shall be expected until the equivalent of both PDP days/12 hours have been completed by teachers.

b.         When a teacher instructs more than 4 different courses in any one year, he or she will only be required to submit modified Collaborative Unit Plan for a maximum of four courses. If the teacher instructs courses that do not already have modified Collaborative Unit Plan, the development and submission of modified Collaborative Unit Plan for those courses takes priority over any course with existing completed modified Collaborative Unit Plan, in any given year.

c.         Expectations regarding deadlines and products shall be mutually agreed upon between teacher and designated administrator.

d.         Timelines regarding the length of Unit implementation are flexible. It is understood that teachers may/shall modify timeline and content expectations during instruction in order to meet the needs of their students.

EXHIBIT B

Cape Cod Regional Technical High School

Collaborative Unit Plan

Academic Department or Technical Program Theme/Topic

Length of Unit _________  Weeks

Planning Team Member(s)

1.         KNOWLEDGE

What students will know and be able to do after completing this unit (include standards and benchmarks)

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

2.                  ESSENTIAL QUESTION

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

3.                  ASSESSMENT

Description of final unit assessment (Attach a copy)

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

RUBRIC

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

4.         LEARNING ACTIVITIES

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

INDEPENDENT ACTIVITIES

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Cape Cod Regional Technical High School - Certificate of Proficiency Frameworks for: SHOP NAME

SHOP CURRICULUM

Grade ____________

Month ____________

std IDs                     Descriptions of Standards (What students will know and be able to do)

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Learning Activities

Learning Activity

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Resources

Resource

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Assessments

Assessment

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

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