Central Berkshire

Show detailed information about district and contract

DistrictCentral Berkshire
Shared Contract District
Org Code6350000
Type of DistrictRegional K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyBerkshire
ESE RegionBerkshires
Urban
Kind of Communityrural economic centers
Number of Schools6
Enrollment1987
Percent Low Income Students27
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Central Berkshire

AGREEMENT BETWEEN THE

CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT

AND THE

CENTRAL BERKSHIRE REGIONAL EDUCATION ASSOCIATION

2008 - 2011

TABLE OF CONTENTS

 

Page

ARTICLE 1 – DEFINITIONS

1

ARTICLE 2 – RECOGNITION

2

ARTICLE 3 - DISTRICT PREROGATIVES

2

ARTICLE 4 - GRIEVANCE PROCEDURE.

2

ARTICLE 5 – SALARIES

5

ARTICLE 6 - TEACHING HOURS AND TEACHING LOAD

8

ARTICLE 7 - TRANSFERS, ASSIGNMENTS, VACANCIES AND PROMOTIONS

10

ARTICLE 8 - PROFESSIONAL DEVELOPMENT

12

ARTICLE 9 - TEACHER FACILITIES

13

ARTICLE 10 - ALTERATION OR AMENDMENT OF AGREEMENT

14

ARTICLE 11 - TEMPORARY LEAVES OF ABSENCE

14

ARTICLE 12 - SICK LEAVE

17

ARTICLE 13 - CURRICULUM PROJECT COMMITTEE AND POSITIONS IN SUMMER AND EVENING SCHOOLS

18

ARTICLE 14 - USE OF SCHOOL FACILITIES

18

ARTICLE 15 - INJURY IN THE COURSE OF EMPLOYMENT

18

ARTICLE 16 – INSURANCE

19

ARTICLE 17 – PROTECTION

21

ARTICLE 18 - DUES DEDUCTION

21

ARTICLE 19 - SALARY DEDUCTIONS

22

ARTICLE 20 - SUBSTITUTE TEACHERS

22

ARTICLE 21 - UTILIZATION OF SANCTIONS BY TEACHERS

22

ARTICLE 22 - RETIREMENT BENEFITS

22

ARTICLE 23 - NON  - TEACHING DUTIES

23

ARTICLE 24 - REDUCTION IN FORCE

23

ARTICLE 25 - TEACHER EVALUATION

26

ARTICLE 26 - RIGHTS AND RESPONSIBILITIES

33

ARTICLE 27 - TEACHER ASSISTANCE

34

ARTICLE 28 - INTER-SCHOOL TRAVEL

34

ARTICLE 29 – GENERAL

35

ARTICLE 30 - DURATION AND RENEGOTIATION

36

EXHIBIT A

37

EXHIBIT B – 1

38

EXHIBIT B – 2

39

EXHIBIT B – 3

40

EXHIBIT C - NOTES WHICH APPLY TO EXHIBITS B-1, B-2, B-3

41

EXHIBIT D - EXTRA PAY SCHEDULE

43

EXHIBIT E - EXTRA CURRICULA ACTIVITIES

44

EXHIBIT F – 1

46

EXHIBIT F - 2

47

TEACHER OBSERVATION FORM (for use with F-1 and F-2)

48

EXHIBIT F – 3

49

EXHIBIT F – 4

50

SPECIALIST OBSERVATION FORM (for use with F-3 and F-4)

51

EXHIBIT G - NURSES SALARY

52

EXHIBIT H - PRELIMINARY COURSE APPROVAL

54

AGREEMENT made as of August 28, 2008, by and between the CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT COMMITTEE (hereinafter called "District") and the CENTRAL BERKSHIRE EDUCATION ASSOCIATION (hereinafter called "Association").

ARTICLE 1

DEFINITIONS

Unless the context in which the following words and phrases appear unequivocally indicates otherwise, each such word or each such phrase shall have the following meaning:

1.1          "Teacher" All employees within that unit recognized under Article 2 of this agreement.

1.2          "Administrator" All professional personnel employed by District to serve in such positions as Principal, Assistant Principal, Director of Special Services, Director of Special Education, Business Manager, Superintendent, Assistant Superintendent, Director of Technology and other similar positions.

1.3          "Grievance" A dispute concerning the interpretation or application of this agreement.

1.4          "Grievant" A teacher as hereinbefore defined or the Association who disputes the interpretation or application of this agreement.

1.5          "Committee" The Central Berkshire Regional School Committee or subcommittee thereof or a designated representative.

1.6          "Teacher Assignment"   That directive of Superintendent issued prior to or at the beginning of a school year which indicates (a) the schoolhouse or schoolhouses at which a teacher is to perform his/her professional duties, and (b) the grades or subjects to be taught by the teacher, or, if the teacher is other than a classroom teacher, the nature of the professional duties to be performed.

1.7          "Teacher Transfer" That directive of Superintendent issued during a school year which changes a "teacher assignment" during a given school year. (A change in assignment effective during the next ensuing school year is a "teacher assignment" and not a "teacher transfer.")

1.8          "Open Position" An unfilled professional position within the school system which is deemed by the Superintendent not to involve a promotional opportunity for teachers.

1.9          "Vacancy" An unfilled professional position within the school system which is deemed by Superintendent to involve a promotional opportunity for teachers. A "vacancy" is to be further distinguished from a "teacher assignment" and "teacher transfer."

1.10        "Leaves of Absence" That period of time during which teacher is excused pursuant to one or more provisions of this agreement, from the performance of professional duties.

1.11        "Teacher without Professional Status" Any teacher without professional teacher status as defined by Massachusetts General Laws Chapter 71.

1.12        "Teacher with Professional Status"   Any teacher with professional teacher status as defined by Massachusetts General Laws Chapter 71.

1.13        "District"   The Central Berkshire Regional School District as organized under Massachusetts General Laws, Chapter 71.

1.14        "Specialists" Itinerant elementary teachers: school adjustment counselors, school psychologists, speech therapists, occupational therapists, nurses, art teachers, music teachers, physical education teachers and guidance counselors.

ARTICLE 2

RECOGNITION

2.1          The District does hereby, pursuant to the provisions of Chapter 150E of the General Laws of the Commonwealth of Massachusetts, recognize the Association for the purposes of collective bargaining as the exclusive representative of:

2.1.1       All professional employees directiy involved in the educational process other than administrators, substitute classroom teachers, summer school and evening school employees; and

2.1.2       All part-time professional employees directly involved in the educational process other than administrators, principals, superintendents, substitute classroom teachers, summer school and evening school employees, if such part-time professional employees' work schedule is at least one-half of the work schedule of full-time professional employees as herein defined.

2.1.3       Each principal of the Becket Washington School and the Berkshire Trail School who performs unit work consisting of not more than 4/10 of the work schedule of a teacher is permitted to perform such unit work along with his/her principal's work and shall not be a member of this collective bargaining unit; and

2.1.4       All professional nurses.

ARTICLE 3

DISTRICT PREROGATIVES

The Association agrees that the District has complete authority over the policies and administration of the CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT, exercisable under the provisions of law. It further agrees that the District will continue to retain, whether exercised or not, the responsibility and prerogative to direct the operation of the said school system in all aspects except same shall not be exercised in violation of any of the express terms and provisions of this agreement. The action of the District with respect to such retained rights, responsibilities and prerogatives shall not be subject to any grievance or arbitration provisions hereinafter set forth.

ARTICLE 4

GRIEVANCE PROCEDURE

4.1          A "grievance" is a dispute concerning the interpretation or application of this agreement or any amendment or supplement thereto.

4.2          All time limits herein shall consist of calendar days exclusive of legal holidays, Saturdays and Sundays. The time limits indicated hereunder shall be considered maxima unless extended by mutual agreement in writing.  Each side, once during a grievance procedure, at any point in said procedure, as a matter of right, shall have a five day extension to the time limit stated in said procedure.

4.3          Step One.   A teacher desiring to present a grievance shall, within 30 days immediately after the first day of the occurrence of those acts or omissions upon which the grievance is premised, present the grievance in writing to his/her principal (If the involved teacher is not directly responsible to an individual principal, the presentation shall be made to the teacher's immediate supervisor.) Within five calendar days after the day of submission of the grievance, the Principal or teacher's immediate supervisor shall give to the Grievant and the Association a decision in writing.

4.4          Step Two.   If the grievance is not settled at Step One, the Grievant may within five calendar days after delivery of Principal's written reply at Step One present the grievance in writing to the Superintendent of schools. A meeting between the Grievant and the Superintendent or his/her designee shall be arranged at a mutually agreeable time for the purpose of resolving the grievance within ten calendar days after the presentation of a grievance at Step Two.  If a date for a meeting within such ten calendar days is not agreed to, the parties may agree to a date thereafter, provided always the failure to meet within said ten-day period will, unless another date is agreed upon, give each party the right to proceed to Step Three. Six calendar days after the meeting the Superintendent will give the Grievant and the Association a written reply.

4.5          Step Three.   If the grievance is not settled at Step Two, the Grievant may, within six calendar days after delivery of Superintendent's written reply at Step Two, present the grievance in writing to the Committee. A meeting between the Grievant and the Committee shall be arranged at a mutually agreeable time for the purpose of resoiving the grievance within 30 days after the presentation of the grievance at Step Three, provided always that the failure to meet within 30 days will give either party the right to proceed to Step Four. Seven calendar days after the meeting the Committee will give the Grievant and the Association a written reply.

4.6          Step Four.   If the grievance is not settled at Step Three, the Grievant may within 30 calendar days after the Committee's decision at Step Three, present the grievance in writing to arbitration provided that Association shall contemporaneously with the submission to arbitration advise Committee, in writing, that the Association is of the opinion that the grievance is meritorious.

4.7          The following general provisions shall pertain to arbitration:

4.7.1       Parties shall be bound by the rules and procedures of the American Arbitration Association including selection of an arbitrator unless contrary to express provisions herein set forth.

4.7.2       The cost of the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, shall be borne equally by the District and the Association.

4.7.3       The arbitrator will confer with representatives of the District and the Association and hold hearings and will issue his/her decision as soon as possible. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning and conclusions on issues submitted. The decision of the arbitrator, other than the arbitrability of the issues involved, shall be final and binding upon the parties except that the arbitrator shall make no decision which alters, amends, adds to or detracts from this agreement, or which recommends a right or relief for any period of time prior to the effective date of this agreement, or which modifies or abridges the rights and prerogatives of the District as set forth in this agreement.

4.7.4       It is recognized that members of the Association may have to testify in order to properly process a grievance under Step Four and so any member as well as the grievant shall be excused from his regular duties. Such excused absence shall be without loss of pay if such member of the Association notifies the administration seven days in advance of the date for commencement of the hearing.

4.8.1       A teacher may pursue a grievance through Step Three and have such grievance heard without intervention by the exclusive representative of the employee organization representing said employee, provided that the exclusive representative is afforded the opportunity to be present at all proceedings and that any adjustment made shall not be inconsistent with the terms of this agreement and provided the Association may represent the teacher, at any step if the teacher so requests. However, subject to the foregoing, the Association has the right to participate in the processing of a grievance at any step in accordance with the terms hereof and both District and Association agree that only those individuals directly involved in the presentation or resolution of a grievance shall be permitted to be in attendance at conferences and hearings.

4.8.2       The Committee and the administration will cooperate with the Association in the investigation of any grievance by making available to the Association all recorded information in the possession of the District which is available to the public for inspection, to the extent so requested by the Association.

4.8.3       All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.

4.8.4       The submission of any grievance to arbitration shall constitute a waiver of all other rights and remedies which the said Grievant or Association may have with respect to the matter submitted to said arbitration unless the Court shall determine that the matter submitted was not arbitrable. The submission of any grievable matter to any court or administrative body or to arbitration under Chapter 71 of the General Laws of the Commonwealth of Massachusetts shall constitute a waiver of any and ail rights to arbitrate anything pertaining to such matter under this Article 4.

4.8.5       No reprisals will be taken by the District or the school administration against any teacher participating in presentation of a grievance in accordance with the provisions of this agreement because of such participation.

4.8.6       If a grievance affects a group or class of teachers, the Association as well as the teacher may submit such a grievance at Step Two within 40 days immediately after the first day of the occurrence of those acts or omissions upon which the grievance is premised.

4.8.7       The President of the Association and his designee shall have the right to participate in the investigation and processing of a grievance through Step Four if it is necessary that such investigation or processing occur during a regular work day of the said President and his designee, they shall be released from their regular duties for such purpose without loss of pay.

4.8.8       The parties retain their respective rights under Chapter 150E of the General Laws of the Commonwealth of Massachusetts.

4.8.9       A teacher having a grievable matter is encouraged to seek an informal resolution prior to filing a grievance. Such efforts shall not extend the time within which to file a grievance but such time limit may be extended by mutual agreement in writing.

4.8.10     The Association, but not a teacher, may request the District to require the attendance at a grievance hearing of those Administrators who have information pertinent to the grievance.  If a request for Administrator's attendance is received by the Superintendent at least two days before the date of the grievance hearing, the District shall direct such Administrator to so attend.

ARTICLE 5

SALARIES

5.1          Salaries during that period beginning August 31, 2008, and ending on August 30, 2011, shall be paid to a person within the unit defined in Article 2, except for nurses, in accordance with and at that rate set forth in Exhibits B-1, B-2, and B-3. Salaries during that period beginning on August 31, 2008 shall be paid to nurses in accordance with and at that rate set forth in Exhibit G. After the expiration of this agreement, until a successor agreement has been agreed to, movement on the salary schedule will be automatic.

5.2          A teacher first employed by District during the term of this agreement shall be advised in writing of the vertical and horizontal levels at which he/she is first employed at the commencement of his/her employment and such teacher shall be placed upon that step and horizontal level commensurate with the teacher's degree, experience and graduate credits.

5.3          Teachers shall be paid in 26 bi-weekly installments with the first installment paid on the second Thursday in September when mechanically possible. The July and August payments shall be paid in a lump sum by June 30. A teacher employed for less than a full "work year" shall be paid for days actually worked and used sick leave at the teacher's "per diem" rate. The District will publish a list of paydays of each "work year" by September 1 of each year of the ensuing "work year."

5.4          Whenever the teacher's "per diem" rate is pertinent, it shall be determined by dividing the salary provided for in Exhibits B-1, B-2 and B-3 by the number of days in the work year.

5.5          A teacher shall be placed on the "horizontal level" set forth on Exhibit B-1, B-2 and B-3 as follows:

1.             Column A - Bachelor's                       Automatically upon receipt of a Bachelor of Arts, Bachelor of Science or equivalent.

2.             Column B - Master's                           Automatically upon receipt by teacher of a Master's Degree in Education or within the area deemed by the Superintendent to be within the area that the teacher is performing within the Central Berkshire Regional School District and the decision of the Superintendent shall not be subject to Article 4.

3.             Column C - M + 15                             If teacher has received a Master's Degree, automatically upon teacher satisfactorily earning 15 "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree) or a combination of 12 or more "approved academic credits" which together with three or less "recognition credits" total 15 or more "approved academic credits" and "recognition credits."

4.             Column D - M + 30                             If teacher has received a Master's Degree, automatically upon teacher satisfactorily earning 30 "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree) or a combination of 27 or more "approved academic credits" which together with three or less "recognition credits" total 30 or more "approved academic credits" and "recognition credits."

5.             Column E - M + 45                             If teacher has received a Master's Degree, automatically upon teacher satisfactorily earning 45 "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree) or a combination of 42 or more "approved academic credits" which together with three or less "recognition credits" total 45 or more "approved academic credits" and "recognition credits."

When a teacher qualifies for a horizontal movement between September 15 and March 1, the effective date of the movement shall be March 1. When a teacher qualifies for a horizontal movement between March 1 and September 15, the effective date of movement shall be September 1.

5.6          A teacher shall upon satisfactorily completing the previous step, advance each September 1st to the next higher step.

However, notwithstanding the foregoing, (1) a teacher who advances horizontally may advance through the next "professional improvement step" when reached; (2) a teacher placed in Column B - "Master's" shall not advance beyond Step 11 until such teacher qualifies for placement on Column B under paragraph 5.5(2).

5.7          Academic credits shall be approved for the purposes of establishing the horizontal level of a teacher only, if in the opinion of the Superintendent, such academic credits are within the area of the unit member's involvement and are approved by the Superintendent. Advance written approval of the Superintendent is required for each course which unit member intends to use to advance horizontally.  Undergraduate courses may, but need not in the sole discretion of the Superintendent, be approved. The decision of the Superintendent shall be binding on all parties and shall not be subject to the provisions of Article 4. Academic credits which have been so approved are "approved academic credits."

5.8          The School Committee may, but need not, grant recognition credits to a teacher for the following activities occurring after the teacher has been employed by the District:

1.             Satisfactory supervision of practice teaching for a period in excess of two weeks.

2.             Appropriate activity on a committee operating an educational workshop on a local, county or state level.

3.             Extensive travel.

4.             Initiation into an honorary professional society.

5.             Service on a curriculum study committee.

6.             Extensive professional assistance to the Administration.

7.             Author of an article relating to educational matters published in a professional publication devoted to educational matters.

8.             Satisfactorily conducting a prolonged experimental method of teaching approved by the Superintendent.

9.             Other activities deemed appropriate by the School Committee.

Teachers desiring recognition credits shall upon completion of an activity, submit a written request for the same to the School Committee which request shall include the number of recognition credits requested, together with a detailed written report describing the nature and extent of the activity, the extent the activity engendered or contributed to the professional improvement of the teacher and such other facts as the teacher deems relevant to the teacher's request.

The School Committee shall determine whether any recognition credits are to be granted and if recognition credits are to be granted, the number to be granted. The decision of the School Committee shall not be subject to Article 4.

5.9          Superintendent may but need not assign members of the unit described in Article 2 to those positions provided for in Exhibit C and in Exhibit E except for those positions which pursuant to the provisions of Massachusetts General Laws, Chapter 71, Section 59B, a principal, subject to the review and prior approval by the Superintendent, may hire. The appropriate Principal may but need not assign members of the unit described in Article 2 to those positions provided for in Exhibit C, which such Principal may, subject to the review and prior approval of the Superintendent, hire pursuant to the provisions of Massachusetts General Laws, Chapter 71, Section 59B. If a member of said unit is so assigned and accepts such assignment (a teacher need not accept), the member shall receive as compensation the amount determined in accordance with the provisions of Exhibit C or Exhibit E, as the case may be. Nothing in this agreement shall be construed as (1) requiring the District to establish or maintain any position referred to in Exhibit C or in Exhibit E, or (2) precluding the District from adding any other similar positions, or (3) requiring the Superintendent or a principal to assign or reassign members of the unit to the positions generally referred to in Exhibit C and Exhibit E, or (4) defining the nature, extent and specifics of the duties and the positions generally referred to in Exhibit C and Exhibit E.  It is agreed that the satisfactory performance of those duties generally referred to in Exhibit C and Exhibit E may entail work beyond the "work day" defined in Article 6.

Before undertaking to assign or reassign any person to a position described in Exhibit E, the Superintendent shall, at least 10 calendar days prior to the date upon which such assignment or reassignment is contemplated, post upon one or more of those bulletin boards referred to in Article 9 a notice designating the positions involved. Applications for such positions shall be accepted from both members and non-members of the aforesaid unit. The District agrees that the Superintendent or appropriate Principal shall, in selecting an applicant, consider the background, attainments and experience of each applicant, together with such other factors he/she shall deem to be relevant.  If, in the judgment of the Superintendent or such principal, the background, attainments and experience of the applicants deemed by him/her to be most qualified are, in his/her opinion, substantially equal, he/she will give preference to an applicant who is a member of the aforesaid unit unless, in the opinion of the Superintendent or such principal the grant of such preference shall not be in the best interests of the school system. The decision of the Superintendent or such principal shall not be subject to Article 4.

An appointment to a position provided for in Exhibit C or Exhibit E shall be made annually and for a term of one "work year." A teacher so appointed shall not be removed form such appointed position during the term of his/her appointment without just cause.

If the District changes the nature, extent and specifics of the duties of those positions mentioned in Exhibit E, a temporary criterion rate for such position shall be established by the District and the District may then proceed to post and fill the position. The District and Association will meet to establish the final criterion rate.  Upon establishment of the final criterion rate by the District and Association, the District agrees to pay, retroactively if necessary, such amount to the appointee.

5.10        Salaries shall be paid to nurses in accordance with Exhibit G.

5.11        The salary of part-time professional employees who are members of the unit shall be calculated by multiplying the rate set forth in Exhibits B-1, B-2, B-3, at such employee's appropriate horizontal and vertical level by the employee's prorated portion of service.

ARTICLE 6

TEACHING HOURS AND TEACHING LOAD

6.1          The regular workday for classroom teachers will begin at the time assigned to each teacher by the Principal (if the teacher is directly responsible to more than one principal, then by the Superintendent) and be for the various schools for the length of a regular workday set forth in Exhibit A. The regular workday may be modified by the Superintendent.  However, except as hereinafter provided, no such modification shall increase the length of a teacher's regular workday beyond that specified in Exhibit A for the school to which the teacher is assigned. The District's anticipated starting time for commencement of classes for the various schools, if such schools are utilized, is set forth in Exhibit A attached. Teachers may, from time to time, be excused earlier at the discretion of the principal.

6.2          Unit members other than classroom teachers will work at their assigned tasks for at least the length of the regular teacher's workday, ft is recognized that the proper performance of their duties may require those parties to work longer than the regular workday of classroom teachers.

6.3          Students shall report to school September 1 (Saturday, Sunday and Labor Day excluded in which case students will report to school on the next working day.) Teachers shall report two working days prior to the day students report. The work year shall be no more than four days beyond the number of days pupils are required to be in attendance by the School Committee and will terminate not later than June 30th. The last day of the work year shall be used as a "check out" day for each teacher's respective duties. The teacher may leave on "check out day" after completing all duties and signing out with the Principal.

6.4          Teachers, except those whose regular work schedule is less than one-half of the work schedule of full-time teachers {see below), shall be assigned one preparation period with no duty assigned per day for the preparation of instruction, except that the principal of the high school may choose not to provide one or more regular education teachers with a daily preparation period with no duty assigned for the preparation of instruction and give such teacher instruction or other classroom assignment provided, however, each regular education classroom teacher so deprived of such no duty assigned preparation period shall be paid $25 for each such lost no duty assigned preparation period. Teachers whose regular work day is less than one-naif of the work schedule of full-time teachers shall be assigned preparation time commensurate with employment pro-rated by the minute.

6.5          Preparation period with no duty assignment for specialists, except specialists whose regular work day is less than one-half of the work schedule of full-time specialists, shall be 200 minutes per full work week as scheduled by the Superintendent and need not be daily or consecutive. Preparation time, per week, for part-time teachers shall be 200 minutes multiplied by such part-time teacher's full-time equivalency and such preparation time shall be as scheduled by the Superintendent or his/her designee and need not be daily or consecutive. The full-time equivalency of part-time teachers shall be determined without regard to preparation time.

6.6          Secondary teachers will not be required to teach more than two subject areas or more than a total of three teaching preparations within said subject areas during any semester.

6.7          High School and Middle School principals shall assign cafeteria duty equitably among those teachers whose schedules permit such assignment High School and Middle School principals shall assign detention duty to teachers, excluding certain specialists, consistent with past practice, so that all teachers supervise detention approximately the same number of times each school year.

6.8          Teacher attendance at afternoon meetings called by the Administration will be compulsory. The length of such meetings will be one hour. Teachers will be given 24-hour notice before such meetings. Also teachers may be required to participate in two annual open house programs in the evening.

6.9          Each teacher, except a teacher whose regular schedule is less than one-half of the work schedule of full-time teachers, will have a duty-free lunch period of 30 minutes.

6.10        The number of days students are required to be in attendance at school shall, from time to time, be established by the Committee. Notwithstanding the provisions of paragraph 6.1 above, if the Department of Education for the Commonwealth of Massachusetts continues to maintain parameters for the attendance of students at school, the Committee will establish the number of days students are required to be in attendance at school within such parameters and the Committee in so establishing the number of days students are required to be in attendance at school may from time to time lengthen and otherwise modify the "workday."

6.11        The School Committee recognizes that class size and total number of students assigned to a teacher are important factors in good education and will, subject to the nature of the class, the availability of personnel, space and budgetary constraints, establish the size of each class and the total number of students assigned to each teacher within the District.

Any dispute arising under this article as to the size of a particular class or the total number of students assigned to a teacher shall be submitted to a committee of two (2) persons appointed by the School Committee and two (2) teachers appointed by the Association, and one (1) person appointed by the School Council for the school building involved who is a public representative which will consider the position of each side and issue a final and binding determination. Such Class Size Committee shall be bound by budgetary constraints, nature of the class, and availability of personnel and space. Ail proceedings except for the votes of the Class Size Committee shall be public. The Class Size Committee shall issue a written decision which sets forth the facts found by the Class Size Committee and the reasons for its decision and shall render no decision which will increase the School Committee's expenditures unless the School Committee has sufficient identifiable funds in the budget to cover such increase in expenditure without affecting any aspect of the operation of the District as planned by the School Committee.

The School Committee may elect not to implement the Class Size Committee decision, in which event the Association may grieve the School Committee's action by proceeding with arbitration at Step Four of Article 4 by filing a claim for arbitration with the American Arbitration Association within 30 days of the School Committee's vote electing not to implement the Class Size Committee's decision. The only issue before the arbitrator will be whether School Committee had at the time it voted not to implement Class Size Committee's decision sufficient identifiable funds in the budget to cover such increase in expenditure without affecting any aspect of the operation of the District as planned by the School Committee.

6.12        Principals may assign teachers to supervise students for a period of time, not exceeding 30 minutes, preceding the commencement of the regular workday for classroom teachers for the school in question. Such assignment shall be made first among those teachers whose schedules permit such assignment and who have volunteered to do such supervision and then among non-volunteers.  Non-volunteers shall supervise students during that period of the day approximately the same number of times each school year, except that a principal may exclude one or more teachers from such supervision because of the number and nature of such teacher's assignments and size of class. Any volunteer or non-volunteer shall be allowed time off of equal duration for early departure on that day.

6.13        Teachers who have an open period, in addition to a preparation period with no duty assignment for the preparation of instruction, may from time to time be required to perform during such open period individual tutoring, group tutoring or other educational activities. Elementary teachers will have a daily period which involves instructional activities during the lunch recess break. These activities may include but need not be confined to direct instruction to individual students, assistance with homework and make-up work due to absence, assistance to those students who have received failing or low performance scores in the MCAS test, conferencing time, instruction set up time, and disciplining.

6.14        The District may from time to time restructure teacher and school schedules, provided always that the length of the regular work day and work year shall not exceed that permitted by paragraph 6.3 and Exhibit A.

ARTICLE 7

TRANSFERS, ASSIGNMENTS, VACANCIES AND PROMOTIONS

7.1          Involuntary Transfer or Change of Assignment. Whenever the Superintendent contemplates the transfer of a teacher or the change of assignment of a teacher, he shall, at least ten calendar days prior to the effective date of such transfer or change of assignment, give to the teacher written notice of the contemplated transfer or change of assignment. The teacher or Association may, within those five days immediately after the receipt of said notice, request in writing of the Superintendent a conference to discuss such transfer or change of assignment. The Superintendent shall, upon receipt of such written request from teacher and within those three days immediately after the receipt of such request, confer with the teacher. Compliance with the procedural provisions of this paragraph (but not the substantive decisions hereunder made) shall be subject to the provisions of Article 4.

7.2          Voluntary Transfer or Change of Assignment.   Whenever a teacher wishes a transfer or change in assignment (involving a transfer or assignment to an "open position"), he shall make application therefor. Said application shall be in writing, addressed and delivered to the Superintendent and the principal(s) of the building(s) involved, and shall set forth the transfer or change of assignment sought and the reasons therefor.  If the grant of the requested transfer or change of assignment shall not, either directly or indirectly, cause the transfer or change of assignment of a teacher other than applicant, the Superintendent shall within the ten calendar days immediately after the date of the receipt of said application, advise the teacher of his decision.  If the grant of the applied for transfer or change of assignment shall, either directly or indirectly, cause the transfer or change of assignment of a teacher other than the applicant, the Superintendent shall advise the applicant teacher of his decision within ten days after having complied with the provisions of the first paragraph of this Article. The decision of the Superintendent to grant or deny an application for transfer or change of assignment made under this paragraph shall not be subject to the provisions of Article 4.

7.3          Promotions.   Whenever a vacancy in a professional position other than Superintendent or Assistant Superintendent occurs, the Superintendent shall, as soon as practicable, post a notice of the vacancy upon one or more of those bulletin boards referred to in Article 7 and if such notice is not initially posted during the school year, cause the same to be published once in the Berkshire Eagle. Notwithstanding the foregoing, the Superintendent need not post a vacancy for positions within the administrative unit which anticipates a transfer of administrative personnel. Such notice shall set forth the minimum qualifications for the position, its duties, anticipated range of compensation to be paid and the date the Superintendent expects the vacancy to be filled. Applications for such positions shall be accepted from professional personnel within and without the school system. The Superintendent agrees that he/she shall, in selecting an applicant consider the professional background, attainments and experience of each applicant, together with such other factors as he/she shall deem to be relevant.  If, in the judgment of the Superintendent, the professional background, attainments and experience of the applicants deemed by him/her to be most qualified are, in his/her opinion, substantially equal, he/she will give preference to an applicant then currently employed by the District, unless, in his/her opinion, the grant of such preference shall not be in the best interest of the school district. The decision of the Superintendent shall not be subject to Article 4. However, in the event that it appears to the Superintendent that he/she has a preference for employment of an applicant from without the school system, the Superintendent shall promptly notify, in writing, each applicant from within the school system of the expression of such preference. Within the three days immediately after the date of such written notice, an applicant from within the school system may request in writing, to personally meet to confer with the Superintendent. Such request shall be granted before an applicant from without the school system is employed.

7.4          Teacher Assignment.   On or before June 15, there shall be delivered to any teacher whose assignment is going to change for the ensuing year the "teacher assignment" which pertains to that year. The District retains the right to change an assignment between June 15 and the commencement of the school year to which it pertains.  In that instance the District shall cause to be delivered to such teacher a "teacher assignment". The District shall not change a teacher's "teacher assignment" or "transfer" a teacher after the commencement of the school year to which it pertains without the consent of such teacher, except upon the death, leave of absence, retirement or resignation of a teacher or upon a change in student enrollment from that projected as of that June 15 immediately prior to the school year in question. Whenever the District contemplates a change of a teacher's "teacher assignment" or "transfer" of a teacher after the commencement of the school year to which it pertains without the consent of such teacher, the provisions of paragraph 7.1 of this article shall apply.

7.5          Posting of Open Position.   If prior to May 1 of any calendar year the Superintendent believes that there shall exist at the commencement of the next school year an "open position" within this unit which the District may fill, it shall not later than said May 1, post a notice thereof upon those bulletin boards referred to in Article 9.

ARTICLE 8

PROFESSIONAL DEVELOPMENT

8.1          The District shall conduct or cause to be conducted at least one conference, seminar, lecture, workshop or similar program (hereinafter referred to as "inservice program") per work year for the purpose of engendering and fostering the professional improvement of the teacher. The entire cost of such inservice program shall be borne by the District. Professional development courses will be designed and from time to time revised to meet the professional development needs of the District and the curriculum frameworks and other skills required to implement the Massachusetts Department of Education Statewide Plan for Professional Development, the Central Berkshire Regional School District Plan for Professional Development including individual school plans and the individual staff members professional development plan.

8.1.1       Notwithstanding any provisions in 8.1, teacher attendance at such inservice programs shall be mandatory if the District so designates, provided always that if such inservice program is designed attendance mandatory, such program shall be held on a work day.

8.2          In order to recognize the overlapping and different needs of preservice, beginning-year, and veteran educators, the District will pay the reasonable cost and expenses, including fees, meals, lodging and transportation for workshops, seminars, conferences, and other professional sessions. Teachers applying for approval for professional development offerings that fall into one of these categories which are scheduled for fewer than ten hours shall include in their pre-approval request a description of the independent work that will be done as a follow-up activity that will bring the teacher's participation to the minimum ten-hour requirement. Such activities may include a paper describing the way in which the teacher will incorporate knowledge gained in the activity in the classroom, a copy of the actual unit, or a plan to share learning with other staff members through a presentation. PDP points and reimbursement shall be conferred by the District at the completion of those activities once the document is received and approved.  Unit members shall submit requests for approval to the Superintendent or his/her designee. When granting requests under this paragraph, the Superintendent or his/her designee shall give preference to unit members making a first request. Unit members who seek approval for a second or subsequent workshop, seminar, conference and other professional session, during any work year, must submit such requests to the Superintendent or his/her designee. The decision of the Superintendent or his/her designee shall be final and shall not be subject to the provisions of Article 4. Approved requests pursuant to this paragraph shall not exceed, during any fiscal year, the identifiable funds in the budget allocated for workshops, seminars, conferences and other professional sessions or a maximum of one-quarter of the total funds allocated for professional development under Article 8.3.3, unless additional funds are made available through grants.

8.3          During the term of this agreement, a unit member shall be allowed one college course per fiscal year, at the District's expense with prior approval from the Superintendent. The District agrees to reimburse a unit member up to a maximum of $800 for his/her one college course in each fiscal year of this contract, so long as the member receives a minimum of 3.0 (or equivalent "B" or "Pass" in courses offered on a "Pass/Fail" basis) in said course, for tuition, fees and books. Members enrolled in a course on a "Pass/Fail" basis will be required to provide evidence that the institution or instructor considers the "Pass" grade received as equivalent to a "3.0" or a "B." A Unit Member seeking to take a course during the summer must advise the Superintendent or his/her designee by no later than June 15, in writing. A Unit Member shall submit a written request for reimbursement with evidence of payment to the District within the fiscal year in which the course was completed. Reimbursement shall be paid in the order the taking of a course was approved pursuant to Section 5.7 by the Superintendent, up to an aggregate maximum for all unit members of $48,000 per fiscal year and the remainder, if any, shall not be reimbursed. An example of the form that shall be used for prior approval of such courses can be found in Exhibit H."

8.4          The Association and the District shall encourage teachers to participate in committees formed to design professional development programs, inservice programs and course of study programs for individuals, for particular schools and for the District.

ARTICLE 9

TEACHER FACILITIES

9.1          The following facilities will be maintained:

9.1.1       Space in which teachers may safely store instructional materials and supplies.

9.1.2       A serviceable desk, chair and filing cabinet for each teacher.

9.1.3       An adequate portion of the parking lot at each school will be reserved for teacher parking.

9.1.4       One bulletin board in each school for the purpose of displaying notices, circulars and Association material.

9.1.5       Access to a serviceable computer.

9.2          Each school will have the following facilities to the extent that providing same is both physically and economically feasible except that to the extent such facilities are presently provided, they are to be maintained:

9.2.1       A teacher work area, containing equipment and supplies to aid in the preparation of instructional materials.

9.2.2       An appropriately furnished room to be reserved for the exclusive use of the teachers and professional staff as a faculty lounge. Said room will be in addition to the aforementioned teacher work area.

9.2.3       A well-lighted and clean male teacher rest room and a well-lighted and clean female teacher rest room.

9.2.4       A separate, private dining area for the exclusive use of the teachers.

9.2.5       A communication system so that a teacher can communicate with the principal's office from the teacher's classroom.

ARTICLE 10

ALTERATION OR AMENDMENT OF AGREEMENT

10.1        The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the undertakings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the District and the Association, for the life of this agreement, each voluntarily and unqualifiedly waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this agreement, or with respect to any subject or matter not referred to specifically or not covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated and signed this agreement.

10.2        No agreement, alteration, understanding, variation, waiver or modification of any of the terms, conditions, undertakings, or covenants contained herein shall be binding upon the parties hereto unless agreement is made and executed in writing between the parties hereto.

10.3        If either of the parties hereto shall during the life of this agreement desire to make any proposal with respect to the modification or alteration of this agreement or with respect to any matter not expressly covered by this agreement, the party may submit such proposal, in writing, to the other party and request a meeting and said meeting shall not be unreasonably denied.

10.4        Upon approval by their two constituencies, the Chairperson of the School Committee and the President or Executive Secretary of the Association will sign the agreement.

ARTICLE 11

TEMPORARY LEAVES OF ABSENCE

11.1        The Superintendent or his/her designee may but need not grant temporary leaves of absence without loss of pay for the following reasons and upon the following terms and conditions {the grant or denial of leave by the Superintendent or his/her designee shall be conclusive and his/her decision shall not be subject to grievance or arbitration):

11.1.1     For the purposes of visiting other schools or attending meetings or conferences of an educational nature, provided request is made to the Superintendent or his/her designee and then only for a period of not in excess of one day.

11.1.2     For the purposes of attending conventions, seminars and conferences, provided request is made to the Superintendent or his/her designee in writing at least ten days before the commencement of the time of the requested absence.

11.1.3     For reasons approved in writing by Superintendent or his/her designee or the Committee.

11.2        Teachers shall be granted temporary leaves of absence without loss of pay for the following reasons and upon the following terms and conditions:

11.2.1     In the event of the death of the husband, wife, parent, sibling or child of the teacher, for a period not in excess of five calendar days. Such leave is to be used within 30 days immediately following the date of death except that where interment is delayed, any one or more of said days may be used to attend the interment and related services.

11.2.2     In the event of the death of the teacher's grandparent, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild, uncle, aunt, niece or nephew, for a period not in excess of three calendar days. Such leave is to be used within 30 days immediately following the date of death except that where interment is delayed, any one or more of said days may be used to attend the interment and related services.  Upon the teacher's request the Superintendent may, but need not, extend leave under 11.2.2 up to two additional days. Said two days shall be taken from the teacher's accumulated sick days. The decision of the Superintendent shall not be subject to Article 4.

11.2.3     For religious, personal, legal, business, household or family matters, for a period not in excess of three calendar days provided teacher gives the Principal (if the teacher is directly responsible to more than one Principal, then to the Superintendent) at least 24 hours' written notice in advance (except in case of emergency) and further provided that if more than 10% of the teachers at any school request such leave for a given day or days, the Principal or the Superintendent, as the case may be, may deny the request of one or more teachers, if the leave of such teacher or teachers will cause more than 10% of the teachers at any school to be absent. The granting of such leave shall be in the order in which written requests for such leave are received by the Principal (if the teacher is directly responsible to more than one Principal then to the Superintendent) provided always that he shall not deny such leave to a teacher if the religious convictions of the teacher prohibit such teacher from working on the day in question.

All unused personal days referred to in Article 11.2.3 shall be reimbursed to a teacher at the rate of $40/day upon application for payment submitted to the Business office on or before June 30,  If an application is not so submitted, unused persona! days will be accumulated toward sick leave.

11.2.4     For attendance at legal proceedings, including administrative hearings, provided such attendance is at the request of the Superintendent.

11.2.5     For attendance at legal proceedings, including administrative hearings, for which legal proceedings the District under Article 17 hereof provides or pays for teacher's legal counsel.

11.2.6     For rendering necessary care or comfort to an ill member of the teacher's family (teacher's spouse, child, parent, sibling, grandchild, current in-laws and persons living within the teacher's household). Said leave shall not cumulatively exceed five days in any one work year.

11.2.7     One day for the purpose of visiting other schools, or attending meetings or conferences of an educational nature.

11.2.8     Time necessary, but not in excess of two days, for up to six Association members to attend Massachusetts Teachers Association and National Education Association conferences and conventions.

11.2.9     Jury Duty.

11.3        The Committee may but need not grant temporary leaves of absence to teachers for the following reasons upon the terms and conditions set forth below and such further terms and conditions as Committee may determine, and the grant, denial and imposition of terms and conditions by Committee with respect to such leave shall be conclusive and shall not be subject to grievance or arbitration:

11.3.1     For sabbatical leave. With respect to leave under this paragraph, the teacher must submit an application of intent to seek such leave to the Superintendent on or before November 1 of the year preceding the year during which the leave is to commence. Said application shall set forth such information as will enable Committee to deliberatively review and act upon such request. The applicant will be notified in writing by December 1, that his application has been approved or denied.  If granted, teacher must formally notify the Committee in writing by March 1 of the year in which the sabbatical is desired if he intends to take such a sabbatical. Teachers will be compensated at the rate of two-thirds of their regular teaching or administrative salary in effect at the time of the sabbatical. A teacher taking a sabbatical will be under obligation to return the following year to the Central Berkshire Regional School District as stated in Chapter 71, Section 41A of the General Laws.

11.3.2     For such other reasons as Committee deems appropriate, the grant of which shall not be deemed to be a precedent with respect to subsequent requests for leave.

11.4        The Superintendent shall grant temporary leaves of absence for the following reasons upon the terms and conditions set forth below in paragraph 8:

11.4.1     For the purpose of engaging in an elected position in a professional association such as the Massachusetts Teachers Association or the National Education Association.

11.4.2     To serve in the Peace Corps.

11.4.3     To serve as an Exchange Teacher.

11.4.4     To serve in public office.

11.4.5     To serve in the military.

11.4.6     For post-natal care of the teacher's infant.

11.4.7     To care for a sick member of the teacher's immediate family.

11.4.8     a.             Leave shall be without pay and insurance benefits.  However, to the extent permitted by the District's insurance carrier, teacher may maintain the insurance benefits upon full payment of the cost of the same to the District.

b.             Leaves shall be for an entire "work year" and shall be for not more than two "work years" except that;

(1)           Leaves granted under subparagraphs 11.4.1 and 11.4.4 shall commence not later than the commencement of the term of office and expire at the beginning of the "work year" next following the expiration of the teacher's first term of office.

(2)           Leaves under subparagraph 11.4.6 shall commence at the expiration of teacher's leave taken under Article 12.4, or the birth of the child or at the expiration of any statutory maternity leave a teacher is entitled to take, whichever is the later, and shall expire, at the option of the teacher, at either the end of the "work year" in which the leave commenced or at the end of the next succeeding "work year." The teacher shall deliver written notice to the Superintendent no later than April 1st of the applicable year, informing the Superintendent that the teacher elects either to return to work at the beginning of the next school year or elects to continue on leave to the end of the next school year. Failure to do so by the prescribed date will mean the teacher elects to stay out the second year. Teachers are not entitled to successive leaves for the same purpose, unless the leave is taken as per sections 11.4.6 and 11.4.8.b(2).

(3)           Leaves granted under subparagraph 11.4.7 shall be for not more than one year and if commenced during a "work year" terminate at the beginning of the next succeeding "work year."

c.             Teacher irrevocably notifies the Superintendent in writing 30 days in advance of teacher's intention to take a leave hereunder and specifies the subparagraph under which the leave is to be taken, the date the leave is to commence and the date the teacher will return to the District's employ.

d.             Teacher must reaffirm in writing within that period between January 1 and March 1 of that calendar year in which the teacher intends to return to the District's employ of the teacher's intention to return to the employ of the District.

e.             Teachers are not entitled to successive leaves for the same purpose, unless the leave is taken as per section 11.4.6 and 11 b (2).

ARTICLE 12

SICK LEAVE

12.1        A teacher shall be credited with ten days of sick leave during each work year of employment. Sick leave shall be accumulated from year-to-year up to an unlimited amount. A teacher, upon request, shall receive an account of such teacher's accumulated sick leave.

12.2        Accumulated sick leave may be used for the purposes of illness only, and in the event of the absence of a teacher because of illness for more than five cumulative days in any work year, the teacher shall, upon request of the Superintendent or Principal, submit to the Superintendent or Principal making the request a certificate of a duly practicing physician substantiating such illness.  District will, if it requests a certificate, pay for the physician fee for the same unless the teacher has seen a physician for the illness in question, The Superintendent may challenge an individual's use of sick leave if the day requested precedes or follows a vacation. The Superintendent may also challenge an individual's use of sick leave if a pattern exists where an individual consistently uses sick leave to extend weekends as well.

12.3        Further leave for reasons of illness may but need not be granted by Committee upon such terms and conditions as Committee shall unilaterally determine. The grant or denial of such leave and the terms and conditions thereof shall not be subject to the provisions of Article 4.

12.4        The absence of a teacher for reasons of pregnancy and delivery of a child (not post-natal care of child) shall be deemed to be absence because of illness, and the right to leave of absence therefor shall be determined by the provisions of this article.

ARTICLE 13

CURRICULUM PROJECT COMMITTEE AND POSITIONS

IN SUMMER AND EVENING SCHOOLS

13.1.1     To encourage teacher participation in curriculum development projects, the School Committee agrees to establish a Curriculum Project Committee consisting of three administrators, appointed by the School Committee, and three teachers, appointed by the Association. The function of the Curriculum Project Committee is to study, review and make recommendations to the School Committee on proposals for curriculum development and instructional improvement submitted to the Curriculum Project Committee. All projects approved by the School Committee shall be completed and submitted to the School Committee by the completion date set forth in the approved proposal.

All such proposals must be in a form and contain such information as the Curriculum Project Committee requests and must be submitted to the Curriculum Project Committee eight weeks prior to the anticipated beginning date of the project except that projects to be done during the summer must be presented to the Curriculum Project Committee by March 31 of each year. The School Committee shall consider the recommendations of the Curriculum Project Committee and shall take such action as it deems appropriate, which action shall not be subject to the provisions of Article 4.

13.1.2     The School Committee may disseminate within the Central Berkshire Regional District and use a completed project. Project proposals may contain cost and personnel estimates anticipated for dissemination and use of a completed project.

13.2        All openings for positions in summer school and evening adult education programs shall be publicized by Superintendent so that teachers and persons from both within and without the school system may apply for such positions. The District is under no obligation to give employment preference to regularly employed teachers and expressly reserves the right to make the ultimate decision with respect to who is to be appointed to such positions and the compensation to be paid persons who are not unit members. The decision with respect to the teachers and persons appointed and compensation to persons who are not unit members shall not be subject to either grievance or arbitration.

ARTICLE 14

USE OF SCHOOL FACILITIES

The District shall without charge permit the Association, upon reasonable notice, to utilize school facilities for the purpose of conducting the business of the Association.

ARTICLE 15

INJURY IN THE COURSE OF EMPLOYMENT

15.1        If a teacher, because of injury sustained in the course of and arising out of teacher's employment by District, is receiving benefits under Section 34 of Chapter 152 of the General Laws of the Commonwealth of Massachusetts (Workmen's Compensation Act), the District shall pay to such teacher each pay period so long as such teacher is receiving benefits under said Section 34, an amount equal to the difference between the teacher's salary at the time of such injury and amount of weekly indemnity being received by the teacher. The total amount payable under this article because of any one injury shall not exceed an amount obtained by multiplying the number of such teacher's accumulated sick leave days by such teacher's per diem rate. (Total amount payable = number of teacher's accumulated sick days x teacher's per diem rate.) The number of accumulated sick leave days available to the teacher shall be reduced by an amount equal to the total sum paid to teacher under this article divided by the teacher's per diem rate. (# that accumulated sick days is to be reduced by = total sum paid to teacher divided by teacher's per diem rate.)

15.2        If the illness or injury of a teacher comes within the purview of both this article and Article 12, it shall be deemed to come within the purview of this article, and such teacher shall not be paid any benefits pursuant to Article 12 for such illness or injury, except as is provided in the preceding paragraph.

ARTICLE 16

INSURANCE

16.1        The District will pay eighty-five percent (85%) of the premium cost for a $10,000 group term insurance plan insuring the life of each eligible teacher.

16.2.1     The District will pay for each eligible teacher (.5 or greater FTE) the percentage herein provided for the cost of the following types of insurance selected by a teacher.

i.              Eighty-five percent (85%) District/fifteen percent (15%) teacher of the cost for any HMO plan with such benefits and through such organizations as the School Committee shall from time to time select. Effective October 1, 2008, the contribution rates shall change as follows: Eighty-three percent (83%) District/seventeen percent (17%) teacher of the cost for an HMO. Effective July 1, 2009, the HMO contribution rates shall change as follows: Eighty percent (80%) District/twenty percent (20%) employee.

ii.             Fifty percent (50%) District/fifty percent (50%) teacher for the cost for the group hospitalization and surgical benefit plan known as Master Medical. Effective October 1, 2008, the Master Medical Plan will cease to be offered by the District.  Prior to that date, any person(s) who were on said plan and wish to remain covered by a District-offered health plan will need to choose one of the other health plans offered by the District.

iii.            Seventy-eight percent (78%) District/twenty-two percent (22%) teacher for the cost for a PPO plan with such benefits and through such organization as the School Committee shall from time to time select. Effective October 1, 2008, the contribution rate for the PPO shall change as follows:  Seventy-five percent (75%) District/twenty-five percent (25%) teacher.

iv.            Eighty percent (80%) District/twenty percent (20%) teacher for the cost for a POS plan with such benefits and through such organization as the School Committee shall from time to time select. Effective October 1, 2008, the contribution rate for the POS shall change as follows: Seventy-five percent (75%) District/twenty-five percent (25%) teacher.

v.             Effective October 1, 2008, the District will, in addition to the plans referenced in Paragraphs i, iii, and iv above, also offer employees what are commonly referred to as Value Pius or Value Added HMO, PPO and POS plans. These plans, while very similar to the above referenced HMO, PPO and POS plans, contain higher employee co-payments when plan benefits are accessed. The contribution rates for the so-called Value Plus/Value Added Plans only, will be as follows: eighty-five percent (85%) District/fifteen percent (15%) for the Value Added HMO; seventy-five percent (75%) District/twenty-five percent (25%) employee for the Value Added PPO and the Value Added POS plans.

16.2.2     The District shall annually prior to the commencement of each fiscal year, prior to or commensurate with the annual open enrollment period, give written notice of the plans offered by the District, cost for each such plan, the percentage the District will pay and the amount a teacher will have to pay for such plan.

16.3        If two or more employees belong to a single-family unit, both of whom are eligible for coverage under paragraph 16.1 or 16.2.1 above, both employees may, at their option, have their entitlement applied toward the cost of the same single-family unit hospital and surgical benefit plan or HMO plan or PPO plan or POS plan, in which event the District will pay 99% of the amount determined under paragraph 16.1 and 16.2.1 of one of the foregoing or both employees may select individual coverage in which event the District will pay the amount for the individual coverage for each teacher determined under paragraph 16.1 and 16.2.1.

Effective October 1, 2008, the contribution rate splits under this paragraph for married employees who take coverage as a single-family unit shall become ninety/ten with ninety percent (90%) of the contribution rate being paid by the employer and ten percent (10%) being paid by the employee under whose name the coverage is listed. This benefit shall only exist for employees who have both been employed by the District on or before August 1, 2008, have been married to each other since on or before August 1, 2008, and are already receiving the benefit under this paragraph on that date. No other persons shall be able to access this health insurance benefit program.

16.4        The District will pay 50% of the cost of dental benefit plan with benefits substantially equivalent to those benefits provided by Delta Dental on the date of this agreement.

16.5        Each teacher, as a condition of the District paying for a portion of hospital and surgical benefit plan or HMO plan or PPO plan or POS plan or Delta Dental plan shall from time to time as requested by the District provide the District with written statement of such teacher's health and surgical coverage, HMO benefits and PPO benefits and POS benefits and dental benefits from all sources and provide such identifying information about the same as the District shall request.

16.6        Notwithstanding the foregoing, the District shall not be obligated to provide or pay for any hospital or surgical benefit plan or HMO plan, PPO plan, POS plan if the teacher is covered by hospitalization and surgical coverage or HMO coverage, or PPO coverage or POS coverage through his/her spouse.

16.7        Teachers shall be eligible to participate, if mechanically feasible, in a "tax-sheltered" annuity plan established pursuant to the United States Public Law No. 87-370.

16.8        A Cafeteria Plan under internal Revenue Code Section 125 will be offered to teachers commencing with the 2004-2005 work year.

16.9        The School Committee has approved the creation of an "ad hoc" committee to research the Group insurance Commission (GIC). They wilt report their findings to the School Committee via the finance subcommittee.

ARTICLE 17

PROTECTION

The District agrees to indemnify teachers from personal financial loss and expenses, including legal fees and costs, if any, as provided and to the extent permitted under Massachusetts General Laws, Chapter 258, Section 9.

ARTICLE 18

DUES DEDUCTION

18.1        The District agrees to deduct from the salaries of its employees membership dues for the Central Berkshire Education Association, the Massachusetts Teachers Association, the National Education Association or any one of said associations as said teachers individually and voluntarily authorize the District to deduct, and to transmit the monies promptly to the Central Berkshire Education Association. Teacher authorization will be in writing in the form set forth below:

Dues Authorization Card

Name___________________________________________

Address_________________________________________

I hereby request and authorize the Central Berkshire Regional School District to deduct membership dues for each of the associations named below in such amount as are from time-to-time certified by the Central Berkshire Education Association to the District in 20 equal payments over the remainder of the school year and for succeeding school years, and transmit the amount deducted to the Central Berkshire Education Association. I understand that the District will discontinue such deductions for any school year only if I notify the District in writing to do so not later than 60 days prior to the commencement of the school year. I hereby waive all right and claim for said monies so deducted and transmitted in accordance with this authorization and relieve the District and all of its officers from any liability therefor.

Teacher organizations:

____________ Central Berkshire Education Association

____________ Massachusetts Education Association

____________ National Education Association

Dated: ______________________________

______________________________

Teacher's Signature

18.2        Each of the associations named in paragraph A above will certify to the District in writing the current rate of its membership dues. Any association which will change the rate of its membership dues will give the Superintendent 30 days' written notice prior to the effective date of such change.

18.3        Agency Fee: Effective September 1, 2010, as a condition of employment during the life of this agreement, every member of the bargaining unit who is not also a member of the Central Berkshire Education Association shall pay or, by payroll deduction, shall have agreed to pay the Association an agency service fee in the amount permitted by law.

ARTICLE 19

SALARY DEDUCTIONS

The District agrees to deduct from the salaries of its employees such sums as shall be authorized by the employees, upon forms satisfactory to the District, for United Way donations, group insurance payments, credit union payments, and payments for "tax-sheltered" annuity established pursuant to United States Public Law No. 87-370.

ARTICLE 20

SUBSTITUTE TEACHERS

20.1        In the event that a classroom teacher is absent, the District will make a reasonable effort to provide a certified substitute teacher and if a certified teacher is not available, the District will make a reasonable effort to provide a non-certified person.

20.2        No teacher will be required to arrange for teacher's own substitute.

ARTICLE 21

UTILIZATION OF SANCTIONS BY TEACHERS

The Association agrees that during the term of this agreement it shall not foster, participate or encourage, either directly or indirectly, any strike, slowdown, walkout or similar activity which is disruptive of the affairs of the District or of the educational process.

ARTICLE 22

RETIREMENT BENEFITS

22.1        If a teacher irrevocably notifies the Superintendent in writing of the teacher's retirement by February 1 prior to the effective date of the teacher's retirement, the District shall pay to a teacher who has been employed by the District or its predecessor system for not less than 10 years a sum determined by multiplying the number of such teacher's accumulated unused sick and personal days on the date of the teacher's retirement in excess of 75 days by the following amounts:

Effective August 31, 2008, $45 per day.

Effective August 31, 2009, $50 per day.

Unused sick days accumulated at times when the teacher worked less than full time shall be calculated at full-time equivalency.  In the event the teacher dies prior to being paid the aforesaid sum, such amount shall be paid to such teacher's estate. The School Committee may grant retirement upon lesser notice.

22.2        The Superintendent may at any time upon request of a teacher, allow a teacher to withdraw a notice of retirement in the event of hardship affecting the teacher.

ARTICLE 23

NON-TEACHING DUTIES

23.1        Teachers will not be required to perform the following duties:

23.1.1     Non-professional assignments, such as supervision of students within buses except for field and athletic trips.

23.1.2     Administering eye or ear examinations and weighing and measuring students.

23.1.3     Collecting money from students for non-educational purposes. Although teachers may be required to collect and transmit money to be used for educational purposes, they will not be required to tabulate or account for such money.

23.2        The keeping of classroom registers will not be the responsibility of the classroom teacher.

23.3        Superintendent agrees to provide other personnel to perform the duties mentioned in this article.

ARTICLE 24

REDUCTION IN FORCE

24.1        Whenever the Superintendent, in the exercise of his discretion, determines that the District shall reduce the number of teachers employed by the District, the District shall (subject to the provisions of the General Laws of the Commonwealth of Massachusetts) implement such reduction by laying off, or not renewing the employment of those teachers at will for whose position there is a teacher with professional teacher status qualified to fill.  If such reduction is not so implemented, it shall implement the reduction as follows:

The Superintendent shall determine the anticipated staffing needs, identify the instructional fields in which the Superintendent intends to reduce the number of teachers employed by the District and select for lay off those teachers having the least "length of service" as will in the opinion of the Superintendent enable the District to meet its anticipated staffing needs and meet the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42. Thereafter the District shall notify the Association in writing of the District's anticipated staffing needs, the certifications in which the District intends to reduce the number of teachers employed by the District and the teachers selected for lay off. The Association may within ten days of the receipt of the aforesaid notice deliver notice in writing to the District containing the names of the teachers having the least length of service as will in the opinion of Association enable the District to accomplish the District's intended reduction. The District may after the expiration of the aforesaid ten-day period lay off from the District's employ any one or more of the teachers named in the District's notice to the Association or named in the Association's notice to the District. Lay off under this article shall not be subject to grievance or arbitration as to any given teacher unless (1) the Association has delivered the aforementioned notice of Association to District within the prescribed ten-day period and (2) the dismissed teacher's name does not appear on the aforementioned notice of Association to District.

A lay off grievable under this article shall be subject to arbitration under Article 4 commencing at paragraph 4.6 if claimed in writing within 30 days after written notice of lay off to the teacher in question. The issue to be presented to the arbitrator is: whether or not the District has laid off the teacher(s) with the "least 'length of service' that meets the requirements of the last paragraph of Massachusetts General Laws, Chapter 71, Section 42 and, if not, what shall the remedy be.

Length of service shall be:

A.            The greater of (i) the number of school years, prior to the 1984-1985 school year, that a person presently in this collective bargaining unit was continuously employed in any capacity by the District or its predecessor systems, or (ii) the number of school years, prior to the 1984-1985 school year, that person was employed as a teacher by the District or its predecessor systems, provided such person is continuously employed in some capacity by District, plus

B.            The number of school years subsequent to the 1983-1984 school year that a person is employed by the District for at least 50% of the work schedule of a full-time classroom teacher in a position of "teacher" as defined. Where an employee's work schedule is less than 100% of the work schedule of a full-time teacher but at least 50% of the work schedule of a full-time classroom teacher, such person shall be credited with a fraction of school year. The numerator of such fraction shall be the amount that such person receives as salary from the District and the denominator the amount that such person would have been paid had such person been employed full time. Such fraction shall be rounded to the nearest tenth.

On or about October 10 in each year the Superintendent shall deliver to the Association an "October preliminary length of service list" setting forth the "length of service" and certification of each teacher as of October 1. All errors and omissions in such list shall be called to the attention of the Superintendent by the Association in writing.  Each teacher shall submit to the Superintendent prior to January 10 of each year his certification or proof of certifiability (all paper work must be on file with Commonwealth to establish proof of certifiability) not appearing on the "October preliminary length of service list." On or about January 20 in each year the Superintendent shall deliver to the Association a "January preliminary length of service list" setting forth the "length of service" of each teacher as of October 1 and certification as of January 10. All errors and omissions in the "January preliminary length of service list" shall be called to the attention of the Committee by the Association in writing prior to January 30 of each year. Thereafter, the Committee shall publish a "length of service list" which shall be final and binding upon all parties.

Service is broken only by a (a) termination of employment or (b) employment for less than 50% of the work schedule of a full-time classroom teacher except where the employee is on authorized leave of absence.

Where the length of service of one or more teachers having the least number of years of service is the same, the teacher with the lowest level of academic degree shall be selected. If there be more than one teacher so situated, the teacher who has the least number of certifications shall be selected.

24.2        Teachers with professional teacher status who have been laid off pursuant to the provisions of this article may, if permitted by the District's insurer, continue their group life and health insurance coverage for a period of two years by promptly remitting to the District the total premium costs in accordance with a mutually agreed upon schedule. Failure to forward premium payments to the District in accordance with the mutually agreed upon schedule shall terminate this right.

24.3        Teachers with professional teacher status who have been laid off pursuant to the provisions of this article shall be given preference on the substitute list, if they so desire, for a period of two years. Compensation shall be at the District's rate for substitute teachers as from time to time established by the Committee.

24.4        Employees with Professional Status

A)            Employees will be recalled for vacancies for which they are certified. Employees will remain on a recall list for a period of two (2) years from their date of layoff.

B)            An employee who is recalled by the District shall be recalled with no loss of seniority and all benefits he/she had accumulated at the time of his/her layoff.

C)            Employees on the recall list will be given first priority in filling substitute teacher vacancies in areas they are certified, if they indicate, in writing, that they desire such employment.

D)            When vacancies occur in the certification area(s) of an employee on the recall list, such employee shall be notified by certified mail at his/her last address of record. Failure to respond to the Superintendent of Schools with a letter of interest in the offered position within fourteen (14) calendar days of receipt of such notice, and to commence the assignment within five (5) days if school is in session, shall be considered a rejection of such offer. It shall be the responsibility of the employees on the recall list to inform the Office of the Superintendent of Schools, in writing, of changes of address.

E)            The Principal of the building at which the vacant position is located shall, subject to review and prior approval by the Superintendent and the provisions of Massachusetts Genera! Laws Chapter 71, hire one such teacher and in so hiring the said principal shall consider (a) the relative length of service of said teachers and (b) the areas within which said teachers are certified. The decision of the Principal shall not be subject to Article 4.

F)            Employees on the recall list shall have priority in filling vacancies as herein before set forth.  No new employees shall be hired to fill such vacancies until all appropriate employees on the recall list have been offered the vacancy pursuant to the provisions of this article.

ARTICLE 25

TEACHER EVALUATION

25.1        Preamble: We believe that the degree to which teachers are able to perform effectively in the classroom becomes the single, most important factor in determining the type and quality of education that children will receive. To this end, the teachers, administration, and School Committee of the Central Berkshire Regional School District are committed to encouraging, supporting, and maintaining the highest possible standards of teaching. In response to The Massachusetts Educational Reform Act of 1993, Central Berkshire Regional School District adopts the following performance standards and evaluation procedures in the expectation that these standards and evaluation processes will help to promote in the District's classrooms the most competent, most spirited, and most imaginative teaching possible.

The standards and evaluation system that follow are based upon a philosophy that a high level of teacher effectiveness can only be achieved in an atmosphere of mutual respect and positive dialogue between teacher and evaluator. Promoting professional growth and exemplary teaching practice is recognized as a complex process that requires the unflagging interest, support and enthusiasm of all parties of interest. Concern for and assessment of teaching performance must consist of more than the single evaluator's yearly observation and report. Any meaningful effort to improve the quality of teaching dictates that an examination of teaching practice and professional development be on-going. With such principles in mind, the Central Berkshire Regional School District has established what it considers worthy teacher performance standards and an effective four year evaluation cycle that encourages and supports meaningful professional development and continuous assessment of teaching competency.

25.2        Teacher Performance Evaluation Standards: The following teacher performance standards have been developed pursuant to MGL c. 71 §38 603 CMR 35:00 and the Board of Education's Principles of Effective Teaching.

I.             CURRENCY IN THE CURRICULUM

A.            The teacher is up to date regarding curriculum content.

1.             Certified in the areas that he teaches and/or is currently in the process of re-certification.

2.             Participation in CBRSD's Continuing Evaluation Cycle and In-Service Program.

II.            EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION.

A.            The teacher plans instruction effectively.

1.             Participation in CBRSD's Continuing Evaluation Cycle and In-Service Program.

2.             Plans material and other resources appropriate to curricular goals and different learning styles.

3.             Provides appropriate and varied instructional strategies.

4.             Integrates learning with other disciplines and provides opportunities for students to practice a variety of skills reading, writing, listening, speaking, and use of appropriate learning tools.

B.            The teacher plans assessment.

1.             Develops assessment procedures corresponding to long and short term goals.

2.             Develops assessment process involving both objective achievements and performance based measures which might include cooperative, collaborative and inter-disciplinary projects; dramatic presentations, interviews and classroom presentations; creative writing, journals and portfolios, graphic displays, bulletin boards, and artistic products; peer education, academic competitions, and community service and involvement; laboratory and equipment use, etc.

3.             Maintains a record-keeping system of student performance.

4.             Communicates student progress as defined by existing District

III.          EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT.

A.            The teacher creates an environment that is positive for student learning and involvement.

1.             Physical aspects of the classroom encourage learning.

2.             Students are involved in activities that are appropriate to objectives of the lesson.

3.             Students are encouraged to develop high individual expectations, to work to their full capacities.

B.            The teacher maintains appropriate standards of behavior, mutual respect and safety.

1.             Communicates and maintains standards of discipline through an approach which is direct, specific, and consistent.

2.             Evidence of organizational structure is present: routine procedures are evident.

IV.          EFFECTIVE INSTRUCTION

A.            The teacher makes learning goals clear to students.

1.             Connects current instruction with student's previous learning experiences.

2.             Efficiently uses class time to achieve desired goals.

3.             Informs students of expectations for performance and learning and communicates work habits and procedures expected.

4.             Communicates to students the relevance of the subject to life-long learning.

B.            The teacher uses appropriate instructional techniques.

1.             Depending upon the learning situation and student learning styles, would select a variety of teaching-learning models that he deems appropriate to the situation i.e. direct instruction, group investigation, project based inquiry, lecture, development of inductive thinking, cooperative learning, audio-visual presentation, etc.

2.             Provides opportunity for students to learn and to practice skills appropriate to the subject.

3.             Encourages students to think critically and creatively.

V.            PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT.

A.            The teacher communicates learning goals and high standards and expectations to students.

1.             Makes clear standards regarding quality and quantity of students work as well as required or desirable outcomes.

2.             Provides feedback to students through evaluation of papers and informal discussions.

3.             Responds to questions and answers in an encouraging manner.

4.             When appropriate demonstrates the skills and processes related to the subject being taught.

B.            The teacher promotes confidence and perseverance.

1.             Encourages students to believe that effort is a key to achievement and acknowledges and values student work, study and inquiry.

2.             As duties permit, provides extra help during the school day.

3.             Promotes confidence by encouraging students.

4.             Demonstrates attitudes of fairness, courtesy and respect that encourages students' active participation and commitment to learning.

5.             Refers students, suspected of having learning/social/emotional problems and students, exhibiting extraordinary academic and/or creative talents, to the appropriate resource person.

VI.          PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.            The teacher strives to ensure equitable opportunities for student learning.

1.             Implements practices which promote equity and appreciation of diversity.

VII.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.            The teacher is constructive and cooperative in interactions with parents and receptive to their contributions.

1.             Communicates with parents formally, as at parents' night, and informally through other communications as needed.

2.             Keeps parents reasonably informed of students' academic progress.

B.            The teacher shares responsibility for accomplishing the goals and priorities of his grade/team/department/building and school district.

1.             Participating in CBRSD's Continuing Evaluation Cycle In-service Program.

2.             As duties permit, works cooperatively during the school day with other staff to share expertise and ideas on curriculum, instruction, and other programs.

3.             Works with other staff to identify school problems and suggest solutions.

C.            The teacher uses available resources to analyze, expand, and refine professional knowledge and skills.

1.             Participation in CBRSD's Continuing Evaluation Cycle and In-service Program.

25.3        Specialist Performance Standards: The following certified non-classroom staff members performance standards have been developed by the non-classroom professional staff and modeled after and pursuant to MGL c. 71 §38 603 CMR 35:00 and the Board of Education's Principles of Effective Teaching,  Evaluation of specialists shall be the responsibility of the specialist's building administrator. However, at any point in the evaluation process, either the specialist being evaluated or the building administrator shall have the right to make use of a consultant as part of the specialist's evaluation. Selection of said consultant shall be by mutual agreement between the District and the Association but said consultant shall not be an employee of the District.  If the determination to use a consultant is made, the consultant shall limit his/her evaluation to Sections I and IV of Article 25.3. All other indices under Article 25.3, except for Sections I and IV, shall be the responsibility of the building administrator. A consultant selected shall possess certifications equal or superior to the specialist being evaluated. The cost of appointing a consultant shall be borne by the District.

I.             PROFESSIONAL COMPETENCE

A.            The specialist is up to date in practice and technique.

1.             Certified and/or licensed in the area of specialization and/or is currently in the process of re-certification/re-licensure.

2.             Participation in CBRSD's Continuing Evaluation Cycle and In-service Program.

II.            EFFECTIVE PLANNING AND ASSESSMENT

A.            The specialist plans effectively for delivery of services.

1.             Participation in CBRSD's Continuing Evaluation Cycle and In-service Program.

2.             Plans material and other resources appropriate to program goals and individual needs.

B.            The specialist plans assessment.

1.             Develops assessment procedures corresponding to long and short term goals.

2.             Develops and utilizes a full range of procedures in assessing individual and/or group needs.

3.             Maintains effective record-keeping.

4.             Communicates effectively information to appropriate persons/agencies according to professional and legal guidelines.

III.          EFFECTIVE MANAGEMENT OF PHYSICAL ENVIRONMENT

A.            The specialist creates an environment that is positive and conducive to providing services.

1.             Physical aspects of the environment are appropriate to the services rendered.

2.             Evidence of organizational structure is present: routine procedures are evident.

3.             The specialist maintains appropriate standards of behavior, mutual respect, and safety.

IV.          EFFECTIVE DELIVERY OF SERVICES

A.            The specialist helps to clarify goals with students and, when appropriate, communicates goals to parents and other professionals.

1.             Uses professional time efficiently to develop and implement desired goals.

2.             Utilizes a variety of approaches in meeting goals.

3.             Communicates to students/parents/other appropriate staff the relevance of the services provided.

B.            The specialist uses appropriate professional practice.

1.             Shows respect and concern for each individual.

2.             Encourages students' responsibility in decision-making commensurate with age/developmental level.

3.             Offers resources to students and their families to assist in problem-solving and decision-making.

4.             Responds to questions and concerns in an encouraging manner.

V.            PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENTS SUCCESS AND WELL-BEING

A.            The specialist promotes with students and staff the understanding that information, motivation and responsibility are necessary in reaching both health and educational goals.

1.             Demonstrates attitudes of fairness, courtesy and respect toward students and staff.

2.             Refers students suspected of having learning/socia!/emotional/and/or physical problems and students exhibiting extraordinary academic and/or creative talents to the appropriate resources person/agency.

VI.          PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.            The specialist strives to ensure equitable opportunities for students to receive services.

1.             Implements practices which promote equity and appreciation of diversity.

VII.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.            The specialist is constructive and cooperative in interactions with parents and receptive to their contributions.

1.             Communicates with parents formally and informally.

B.            The specialist shares responsibility for accomplishing the goals and priorities of his grade/team, department, building and school district.

1.             Participating in CBRSD's Continuing Evaluation Cycle and In-service Program.

2.             As duties permit, works cooperatively during the school day with other staff to share expertise and ideas on curriculum, instruction, and other programs.

3.             Works with other staff to identify school problems and suggest solutions.

C.            The teacher uses available resources to analyze, expand, and refine professional knowledge and skills.

1.             Participating in CBRSD's Continuing Evaluation Cycle and In-service Program.

25.4        Principles of Evaluation

(a)           The performance standards shall be measurable

(b)           The performance standards shall reflect and allow for significant differences in assignments and responsibilities. These differences shall be described in evaluation reports.

(c)           The performance standards shall be shared with the person being evaluated in advance of the evaluation process.

(d)           The purpose of the evaluation shall be stated clearly, in writing, with the person being evaluated.

(e)           The evaluation process shall be free from racial, sexual, religious and other discrimination and biases as defined in state and federal laws.

(f)            The person being evaluated shall be allowed to gather and provide additional information on his performance. Such information must be provided within ten working days and must be considered by the evaluator.

(g)           The person being evaluated shall have an opportunity to respond in writing to the evaluation and observation reports and said response shall be affixed to the evaluation and included in the personnel file.

25.5        Monitoring and observation of the work performance of a teacher in the classroom will be conducted openly and with full knowledge of the teacher. However, such requirement is not to be construed as preventing an administrator from making constructive suggestions. The use of eavesdropping equipment, public address systems, audio systems or other similar surveillance devices is prohibited. However, audio and visual tape recorders and other aids may be used with the teacher's knowledge. Each teacher will, within ten working days, be given a copy of any Teacher Observation Report and Summative Evaluation Report prepared by the evaluator and will have the right to discuss such report with his such evaluator.

Each evaluation report shall be placed in the teacher's personnel file and the teacher will have the right to submit a written statement to such report which shall be reviewed by the Superintendent and also placed in the teacher's personnel file. Sufficient time should elapse to allow the teacher to benefit from the steps for improvement prior to subsequent evaluation. A teacher whose evaluation is below satisfactory may request a demonstration lesson. The demonstration lesson will be arranged by the administration.

25.6        The minimum number of classroom observations for the Summative Evaluation shall be three. Each classroom observation shall have a post conference. One observation shall have no pre-conference. The Summative Evaluation shall be a cumulative report of the teacher's performance and effectiveness in implementing the Principals of Effective Teaching as enumerated in paragraph 25.2 of this Article.

25.7        Each teacher with professional status shall be evaluated on a four year cycle. Each cycle shall consist of:

(a)           year one: an evaluation year in which the teacher has classroom observation(s) culminating in a Summative Evaluation.

(b)           year two: an individual choice year in which the teacher, with the approval of the principal, incurs professional growth by individual work such as, but not limited to, curriculum design, classroom teaching experiments, attends a study group, reading and studying for classroom application, takes a course or a series of workshops focused in a specific area or on a specific topic, or any other appropriate work the teacher selects. At the end of said year the teacher shall submit to the principal a statement of what work was done and how it affected the teacher's classroom and practice.

(c)           year three: a peer observation year in which the teacher will inform in writing the principal of the purpose of the observation and the name of the teacher's peer observer and that four or more peer observations will occur.  Peer observation is a formal exercise and the peer teacher and peer observer will conference with each other to discuss the class (es) to be observed. At the beginning of the year, the teacher will submit to the principal for his/her approval a statement documenting the dates and time for peer observation, certifying the aforesaid number of peer observations and conferences that will be held. At the end of the year the teacher shall submit to the principal a statement stating the dates and times of peer observation certifying that the aforesaid number of peer observations and conferences were held. Said statement shall be a narrative of at least one paragraph (but as long as the teacher wishes) of reflection; of said peer observations. The narrative shall not be considered in any sense, an evaluation nor shall be a part of teacher's personnel file. The teacher and observer may (by the agreement of both) agree to use audio or visual tape in the observation. Any audio or visual tape used in the peer observation are not a part of the record.

When two teachers observe each other, the peer observer is not to give the teacher "supervisory or evaluative comments." The purpose of peer observation is to have the teacher and observer form a collegial team to take the time to discuss and share curriculum ideas, instruction, planning, and strategies in pursuit of shared goals designed for higher-order outcomes.

(d)           year four: an individual or collegial choice year In which the teacher(s), with the approval of the principal, incur professional growth by individual or collegial work such as, but not limited to, curriculum design, classroom teaching experiments, attend a study group, reading and studying for classroom application, takes a course or a series of workshops focused in a specific area or on a specific topic, or any other appropriate work the teacher(s) select. At the end of said year the teacher(s) shall submit to the principal a statement of what work was done and how it affected the teachers' classroom and practice.

25.8        A teacher with professional status whose Summative evaluation does not recommend "unconditional reappointment" shall be subject to a "Teacher Assistance Plan" prepared by or under the direction of such teacher's Principal. The Association may elect to participate in the preparation and direction of the Teacher Assistance Plan. A teacher not recommended for "unconditional reappointment" shall receive his Teacher Assistance Plan within 15 working days of having received the Summative Staff Evaluation. The Teacher Assistance Plan shall set forth, in writing, what the teacher must do to achieve a satisfactory level of performance. A teacher on a Teacher Assistance Plan shall have his Teacher Assistance Plan assessed every eight to ten weeks during the academic year. The purpose of each eight to ten week assessment shall be to determine if the teacher has reached a satisfactory level of performance and is recommended for "unconditional reappointment" or if the Teacher Assistance Plan shall be revisited. When a teacher is found to be satisfactory in his performance and is no longer on a Teacher Assistance Plan said teacher shall be placed at year two (individual choice year) of the evaluation cycle. A teacher with professional status shall be on a Teacher Assistance Plan for a maximum of two school years.

In the event a teacher is supervised by more than one principal, the Superintendent shall designate the principal who is to carry out the principal's responsibilities under this paragraph.

25.9        (a)           Each teacher not on professional status may be evaluated three times each year and at such other times as the Superintendent or his designee deems it advisable to further evaluate such teacher.  Each evaluation shall be completed on form F-2 or form F-4. When a teacher attains professional status he shall be placed at year two (individual choice) of the evaluation cycle.

(b)           During year three of the evaluation cycle the District may determine prior to November 1st the need for an evaluation of a professional status teacher.  If the district believes there is a need for said evaluation, the District shall inform the teacher, in writing, the reason or reasons for the evaluation pursuant to 25.2 and/or 25.3. As a result of said evaluation a professional status teacher may be subject to a Teacher Assistance Plan.  If said teacher is not going on a Teacher Assistance Plan said teacher shall proceed to cycle 4 in the next year.

25.10      Professional Development Points

(a)           A teacher in an individual/collegial choice experience or activity shall inform his principal as to the number of hours spent.  For each hour spent in an approved choice experience or activity a teacher shall receive one professional development point to the maximum allowable under page 5 of the "Recertification Guide for Massachusetts Educators (Spring 1995).

(b)           Teachers who participate in peer observation shall inform his principal as to the number of hours spent in said observations.  For each hour spent in peer observation, the peer observer and the observed shall receive one professional development point to the maximum allowable under page 5 of the "Recertification Guide for Massachusetts Educators (Spring 1995). A teacher participating in peer observation shall be relieved of his regular classroom responsibilities to participate in observations. As part of his participation in peer observation, a teacher shall submit to the principal the dates of observations and conferences.

25.11      The forms appearing as Exhibit F-1 and F-2 in this Article entitled respectively "Summative Teacher Evaluation Teacher With Professional Status" and "Summative Teacher Evaluation Teacher at Will" and the "Teacher Observation Form" are to be used for the evaluation of classroom teachers. The forms appearing as Exhibit F-3 and F-4 in this Article entitled respectively "Summative Certified Non-Classroom Specialist Evaluation Form -Specialist With Professional Status" and "Summative Certified Non-Classroom Specialist Evaluation Form - Specialist at Will" and the Specialist Observation Form" are to be used for the evaluation of non-classroom specialists. The said forms will not be revised without negotiations and agreement of the Association and the District.

25.12      The CBRSD and CBEA will form an Evaluation Committee comprised of representatives of equal numbers plus one evaluation expert (who is not presently or formerly a District employee) from each party to be chosen by the representative parties. The Evaluation Committee will commence meeting in September 2008 and will negotiate a mutually agreeable evaluation tool to be implemented by June 30, 2009.  In the unlikely event that the parties cannot mutually agree on an evaluation tool, the two evaluation experts (not from the District) will negotiate the final version within two months and the District will implement the tool by August 31, 2009.

ARTICLE 26

RIGHTS AND RESPONSIBILITIES

26.1        The Association and each teacher recognize the authority and responsibility of the District to reprimand and discipline a teacher for just cause. No teacher will for disciplinary reasons be reduced in rank or compensation or deprived of any professional advantage without just cause. If a teacher is to be reprimanded or disciplined by a principal or a member of the administration above the level of principal, the teacher shall have the right to have a member of the Association present. Any reprimand by a principal or any member of the administration above the level of principal shall be made in private. The presence or absence of just cause shall be subject to grievance and arbitration as provided in Article 4 unless the teacher or Association proceeds to challenge the reprimand or discipline in a proceeding provided by statute including but not limited to Massachusetts General Laws, Chapter 71, Section 42, in which event neither the teacher nor the Association shall use grievance or arbitration provided for in this agreement.

26.2        The contract of a teacher without professional status shall be renewed annually by operation of law during the period of such teacher's first three years of continuous employment by said District, unless the teacher has been notified in writing prior to June 15 in one school year that the contract will not be renewed for the following year.

26.3        The non-renewal of a teacher without professional status is not to be considered as either discipline or reprimand.

26.4        The layoff or dismissal of a teacher without professional status who has not been teaching in the District more than 90 school days is not to be considered as either discipline or reprimand.

ARTICLE 27

TEACHER ASSISTANCE

27.1        The District recognizes that classroom teachers may require the assistance of certain specialists in order to carry out their duties effectively. The District therefore agrees that to the extent the District deems it advisable the services of guidance personnel, reading specialists, speech therapists and other specialists will be retained to perform specialists' functions.

27.2        The District may, but is not required to, use teacher aides or paraprofessionals.  In the event that such aides are used and they do constitute a bargaining unit recognized under Chapter 150E, (1) the nature and extent of the duties to be performed by each teacher aide or paraprofessional shall be determined by agreement between such teacher aide or paraprofessional bargaining unit and the District. Nothing in this agreement or in work practice shall be construed as limiting the District's right to establish, maintain or delete any teacher aide or paraprofessional position or the assignment, hours of work, or duties of any teacher aide or paraprofessional, provided always the District shall after implementation bargain any resulting impact on teachers with Association, upon Association demand to bargain within 30 days of such implementation.

ARTICLE 28

INTER-SCHOOL TRAVEL

District shall reimburse teachers for use of their own motor vehicles for inter-school travel made at the direction of the Superintendent or his/her designees upon submission of appropriate evidence of such use, provided always, that in the event the standard mileage rate mentioned in IRS Rev. Proc. 88-52 for the first 15,000 miles of use is revised, the revised rate shall be paid for mileage traveled after the date the revised rate is effective for federal income tax purposes.

ARTICLE 29

GENERAL

29.1        Copies of this agreement will be printed at District expense and a copy given to each teacher. in addition, 25 copies shall be given to the Association.

29.2        If any provision of the agreement or any application of the agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications with continue in full force and effect.

29.3        Teachers will not be required to drive pupils to activities which take place away from the school building.

29.4        Upon written request by Association to Superintendent, the names of all new staff members and their building, grade and subject assignments will be made available to the Association.

29.5        The District will promptly provide Association with one copy of the minutes of official and open (as opposed to "Executive Sessions") meetings of School Committee together with the agenda and attached documents (including but not limited to the preliminary budget and final approved budget) after same have been duly approved by the School Committee.

29.6        Sufficient textbooks will be provided to insure that each pupil has textbooks for his own use. The recommendation to the Superintendent and Principal for the particular school for the selection of textbooks to be used in the schools shall continue to be cooperatively arrived at through joint consultation among teachers and administrators.

29.7        There shall be no discrimination against any officer or member of the Association, selected to serve the Association, because of his lawful Association activity.

29.8        No religious or political activities of any teacher, or lack thereof, will be grounds for any discipline or discrimination with respect to the professional employment of a teacher.

29.9        No provision of the existing Official Policy Manual of the Central Berkshire Regional School District which violates the express terms and provisions of this agreement shall be enforceable.

29.10      The District may implement reorganization, reduction in force and change in educational policy, program and support staff prior to bargaining the implementation and the impact thereof. However, after implementation, bargainable subjects directly or indirectly arising out of, occasioned by or related to the reorganization, reduction in force or change in education policy, program or support staff shall be bargained if during the work year in which implementation occurs, the Association requests the same in writing.

29.11      Teachers have the right, upon request and by appointment, to review the contents of their personnel file, excluding personal or confidential recommendations. A teacher will be entitled to have a representative of the Association accompany him/her during such a review.

29.12      No material derogatory to a teacher's conduct, service, character or personality will be placed in the teacher's personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had an opportunity to review such material by affixing his signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the copy.

29.13      Any written complaint regarding a teacher made to any member of the administration by any parent, student or other person will be called to the attention of the teacher within 15 days.

29.14      A teacher leaving the employ of the District will be given the opportunity to have an exit interview with the Superintendent.

29.15      After informing the Association, the Superintendent may reduce or increase the work schedule of any one or more teachers who work less than one-half of the work schedule of a full-time professional, as the Superintendent shall deem appropriate. Teachers working less than one-half time, whose work schedule is to be reduced shall be selected utilizing the procedure set forth in Reduction in Force, section 24.1. A reduction in the work schedule of any one or more teachers who work less than one-half of the work schedule of a full-time professional shall be a reduction in force under the provisions of section 29.10 and pursuant to Article 7. The teacher's salary whose work schedule has been reduced shall be calculated pursuant to the provisions of section 5.1.

ARTICLE 30

DURATION AND RENEGOTIATION

This agreement shall be effective as of August 31, 2008, and remain in full force and effect through August 30, 2011.  Not later than December 10, 2010 the parties shall enter into negotiations with respect to a successor agreement as provided by Chapter 150E of the General Laws.

IN WITNESS WHEREOF, we have affixed our hands this _________ day of _________ 2008.

CENTRAL BERKSHIRE REGIONAL

SCHOOL DISTRICT COMMITTEE

By ________________________________

Its Chairman

CENTRAL BERKSHIRE EDUCATION

ASSOCIATION

By _________________________________

Its President or Executive Secretary

EXHIBIT A

Anticipated Starting Time

for Commencement of

School

Classes

Length of a Regular Workday

Becket Washington

8:40

7 hrs.

Craneville

8:40

7 hrs.

Berkshire Trail

8:40

7 hrs.

Kittredge

8:40

7 hrs.

Nessacus

8:09

7 hrs.

Wahconah

7:53

7 hrs.

EXHIBIT B-1

FY-2009

Step

A

B

C

D

E

 

Bach.

Masters

M+15

M+30

M+45

1

34,983

39,060

41,010

42,394

43,768

2

36,411

40,489

42,462

43,835

45,217

3

37,834

41,914

43,906

45,286

46,664

4

39,946

44,021

46,047

47,424

48,805

5

41,370

45,447

47,493

48,874

50,253

6

42,863

46,943

49,012

50,388

51,763

7

44,747

48,825

50,924

52,301

53,674

8

46,174

50,254

52,370

53,744

55,127

9

49,538

51,947

54,087

55,471

56,848

10

50,773

54,135

56,312

57,689

59,066

11

52,044

56,884

59,131

59,862

60,517

12

53,210

61,656

64,065

67,327

68,830

13

53,476

61,965

64,386

67,664

69,174

14

53,744

62,275

64,707

68,002

69,520

Effective August 31, 2008, a new Step to be referenced as "Step 13" will be added to the salary schedule (Exhibit B).  It will be one-half of one percent (0.5%) higher than Step 12. To access Step 13, an employee must have completed fifteen (15) years of service in the District.  Effective August 31, 2008, a new Step to be referenced as "Step 14" will be added to the salary schedule (Exhibit B).  it will be one-half of one percent (0.5%) higher than the just-created Step 13. To access Step 14, an employee must have completed twenty-one (21) years of service in the District.

EXHIBIT B-2

FY-2010

Step

A

B

C

D

E

 

Bach.

Masters

M+15

M+30

M+45

1

36,032

40,232

42,240

43,666

45,081

2

37,503

41,704

43,736

45,150

46,573

3

38,969

43,172

45,223

46,644

48,064

4

41,144

45,341

47,428

48,846

50,269

5

42,611

46,810

48,917

50,340

51,760

6

44,149

48,351

50,482

51,899

53,316

7

46,090

50,289

52,452

53,870

55,285

8

47,560

51,761

53,941

55,357

56,780

9

51,024

53,506

55,710

57,135

58,554

10

52,297

55,760

58,001

59,420

60,838

11

53,605

58,590

60,905

61,658

62,332

12

54,807

63,506

65,987

69,347

70,895

13

55,356

64,143

66,649

70,042

71,606

14

55,633

64,464

66,982

70,392

71,964

Effective August 31, 2008, a new Step to be referenced as "Step 13" will be added to the salary schedule (Exhibit B). It will be one-half of one percent (0.5%) higher than Step 12. To access Step 13, an employee must have completed fifteen (15) years of service in the District. Effective August 31, 2008, a new Step to be referenced as "Step 14" will be added to the salary schedule (Exhibit B). It will be one-half of one percent (0.5%) higher than the just-created Step 13. To access Step 14, an employee must have completed twenty-one (21) years of service in the District.

EXHIBIT B-3

FY-2011

Step

A

B

C

D

E

 

Bach.

Masters

M+15

M+30

M+45

1

37,113

41,439

43,507

44,976

46,433

2

38,628

42,955

45,048

46,504

47,970

3

40,138

44,467

46,580

48,044

49,505

4

42,378

46,702

48,851

50,312

51,777

5

43,889

48,214

50,385

51,850

53,313

6

45,474

49,802

51,997

53,456

54,916

7

47,472

51,798

54,025

55,486

56,943

8

48,986

53,314

55,559

57,018

58,484

9

52,554

55,111

57,381

58,849

60,311

10

53,865

57,432

59,742

61,202

62,663

11

55,213

60,348

62,732

63,508

64,202

12

56,451

65,411

67,967

71,427

73,022

13

57,017

66,067

68,648

72,143

73,754

14

57,302

66,397

68,991

72,504

74,123

Effective August 31, 2008, a new Step to be referenced as "Step 13" will be added to the salary schedule (Exhibit B). It will be one-half of one percent (0.5%) higher than Step 12. To access Step 13, an employee must have completed fifteen (15) years of service in the District. Effective August 31, 2008, a new Step to be referenced as "Step 14" will be added to the salary schedule (Exhibit B). It will be one-half of one percent (0.5%) higher than the just-created Step 13. To access Step 14, an employee must have completed twenty-one (21) years of service in the District.

EXHIBIT C

NOTES WHICH APPLY TO EXHIBITS B-1, B-2, B-3

A.            The annual increment shall be effective on September 1 of each year.

B.            All teacher contracts are to be determined by the schedule. However, the Superintendent has the right to depart from this schedule, if in his judgment it is desirable and necessary. The schedule is a minimum salary.

C.            In addition to the salary provided in Exhibits B-1, B-2, and B-3, a school psychologist shall be paid the sum of $2,242 in FY-09, $2,309 in FY-10, and $2,378 in FY-11.

D.            In addition to the salary provided in Exhibit B, the Supervisor of Fine and Performing Arts (who oversees all art, instrumental, choral, band, general music, and drama teachers within the District) and the Supervisor of Physical Education and Personal Wellness (who oversees all physical education and wellness teachers within the District) shall be paid the following sum in the respective school year to which they are tied:  FY-2009 - $2,242, FY-10 - $2,309, and FY-11 -$2,378.

In addition to the salary listed above, the two supervisors shall receive an additional $95 in each of the aforesaid years for each teacher (except for the supervisor) within such supervisor's department. Applications for the positions referenced in this paragraph must be submitted annually to the Superintendent.

E.            In addition to the salary provided in Exhibits B-1, B-2, and B-3, each Department Head shall be paid the sum of $2,557 in FY-09, $2,634 in FY-10, and $2,713 in FY-11 plus $95 in each of the aforesaid years for each teacher (except the Department Head) within such Department Head's department. The pay attributable for teachers within a department who are assigned to more than one department shall be allocated among Department Heads according to the percentage of classroom time assigned to each department. A Department Head shall, along with Department Head duties, have all the duties of a teacher except,

              each Department Head who supervises fewer than five teachers in the department shall be removed from non-teaching duties.

              each Department Head who supervises five or more teachers in the department shall have one less teaching assignment.

F.             in addition to the salary provided in Exhibits B-1, B-2, and B-3, the head teachers for the following schools shall be paid the sum indicated:

FY-2009                FY-2010                FY-2011

Becket Washington             $ 938                      $ 966                      $ 995

Berkshire Trail                      $ 723                      $ 745                      $ 767

Kittredge                               $ 938                      $ 966                      $ 995

Craneville                              $1,735                   $1,787                   $1,841

The performance of a Head Teacher shall not affect his or her teacher evaluation. A Head Teacher shall not be held liable or subject to reprisal for his or her service as Head Teacher.

The position for Head Teacher shall be posted within the school building annually. Applicants who wish to be considered for the Head Teacher assignment shall submit applications on an annual basis to the building principal. Decisions of the principal shall be final and not subject to Article 4.

G.            Professional licensed physical therapists and occupational therapists working at least 1/2 of the work schedule of full-time professional employees shall be paid $38.88 per hour in FY-09, $40.05 per hour in FY-10, and $41.25 per hour in FY-11.

H.            Upon a teacher reaching 11 years of service and such teacher's written request, the District shall pay a teacher, if at the time of such request such teacher has accumulated sick leave days in excess of 75 days, the sum of $25 per day for the number of sick and personal leave days that such teacher relinquishes his right to be credited with pursuant to Section 12.1 (maximum 10 days per work year). A teacher shall notify the Superintendent of Schools in writing of the number of days such teacher relinquishes on or before December 1. Payment shall be made in the ensuing fiscal year and shall be made in 26 biweekly installments with teacher's salary.

I.             The Central Berkshire Regional School District shall pay a teacher once during his/her employment, in addition to the teacher's regular salary, a longevity increase in the sum of $2,000 for each of three successive years provided: (1) that the teacher shall have irrevocably requested such payment in writing to the Superintendent no later than January 15th of the school year prior to the school year in which the payment is to commence, (2) that the teacher has been employed at least 15 years by CBRSD, and (3) that the amount payable shall be paid during the applicable three years as part of the teacher's salary."

J.             The Athletic Director shall be paid the sum of $10,088 for FY-09, $10,391 for FY-10, and $10,703 for FY-11.

EXHIBIT D

EXTRA PAY SCHEDULE

A.            The Superintendent may, but need not, assign members of the unit described in ARTICLE 2 to classroom teaching positions in summer school or to classroom teaching positions in an adult evening education program, or to the position of professional development instructor/planner (a unit member need not accept such assignment). A unit member (but not a person who is not a unit member) shall be paid for such assignment at the rate of $34.18 per hour in FY-09, $35.20 per hour in FY-10, $36.26 per hour in FY-11 of assigned in classroom time, provided the assigned work is not within the purview of any other collective bargaining agreement or paragraph B or C hereof.

B.            The Superintendent may, but need not, assign members of the unit described in ARTICLE 2 to perform professional duties in July and August.  If a unit member is so assigned and such member accepts such assignment (a unit member need not accept), the unit member (but not a person who is not a unit member) shall be paid for such assignment at the rate of $34.18 per hour in FY-09, $35.20 per hour in FY-10, $36.26 per hour in FY-11 of assigned time, provided the assigned work is not within the purview of any other collective bargaining agreement or paragraphs A or C hereof.

C.            Curriculum Development Project. The lump sum amount authorized by the Committee to be paid to a teacher for a particular Curriculum Development Project. Such amount is to be paid upon the timely completion of the Project.

D.            Guidance counselors and therapists shall be paid at the per diem rate of 1/184 for each day of summer work required by the Principal.

E.            Building Technology Integrators shall be paid the following sums:

FY-09                     FY-10                           FY-11

Wahconah                            $1,713                   $1,764                         $1,817

Nessacus                               $1,713                   $1,764                         $1,817

Becket Washington             $572                       $589                             $607

Berkshire Trail                      $572                       $589                             $607

Kittredge                               $857                       $883                             $909

Craneville                              $1,141                   $1,175                         $1,210

F.             Mentor Coordinator            FY-09                     FY-10                           FY-11

$1,567                   $1,614                         $1,662

Mentor: $500 per mentee per year he or she serves as a mentor. All mentor stipends will be prorated for partial year mentoring.

EXHIBIT E –

EXTRA CURRICULA ACTIVITIES

Since both parties to this agreement to which this Exhibit E is attached and made a part are of the persuasion that it is their obligation to engender and foster student participation in athletic, social, civic and other extra-curricula activities under the aegis of the parties to this agreement, both parties agree as follows:

A.            Unit members appointed to supervise the aforesaid activities shall be paid an annual stipend determined by multiplying the "experience credit" by the rate established for each position.

B.            Experience Credit.

1.             One year of experience in a given position - 70%.

2.             Two years of experience in a given position - 85%.

3.             Three or more years of experience in a given position -100%.

C.            1.             One year of experience credit shall be granted to a teacher for a given position for every two years such teacher held an assistant's position in the same activity.

2.             The Superintendent may, but need not, grant one or more years of experience credit to a teacher for a given position.

D.            Rates: The rates for established positions are as follows:

EXHIBIT E

 

FY-2009

FY-2010

FY-2011

HIGH SCHOOL

 

 

 

Head Football Coach

5,173

5,328

5,488

Assistant Football Coach (A)

3,136

3,230

3,327

Assistant Football Coach (B)

3,136

3,230

3,327

Head Boys Soccer Coach

4,778

4,921

5,069

Assistant Boys Soccer Coach

2,918

3,005

3,096

Head Girls Soccer Coach

4,778

'4,921

5,069

Assistant Girls Soccer Coach

2,918

3,005

3,096

Head Cross Country Coach (no assistant)

 

 

 

 

4,343

4,473

4,607

Head Cross Country Coach (w/assistant)

 

 

 

 

2,619

2,697

2,778

Assistant Cross Country Coach

1,722

1,774

1,827

Head Boys Basketball Coach

5,001

5,151

5,306

Assistant Boys Basketball Coach

3,179

3,275

3,373

Head Girls Basketball Coach

5,001

5,151

5,306

Assistant Girls Basketball Coach

3,179

3,275

3,373

Cross Country Ski Coach

3,279

3,377

3,478

Head Baseball Coach

4,604

4,742

4,885

Assistant Baseball Coach

2,852

2,938

3,026

Head Softball Coach

4,604

4,742

4,885

Assistant Softball Coach

2,852

2,938

3,026

Tennis Coach

3,270

3,368

3,469

Golf Coach

2,804

2,888

2,975

Head Track Coach – Boys

4,499

4,634

4,773

Head Track Coach – Girls

4,499

4,634

4,773

Assistant Track Coach

2,743

2,826

2,910

Swimming Coach

3,948

4,066

4,188

Band Director – Wahconah

3,720

3,831

3,946

Yearbook Advisor – Wahconah

2,790

2,874

2,960

Senior Advisor (2)

1,761

1,813

1,868

Junior Advisor (2)

1,586

1,634

1,683

Sophomore Advisor (2)

1,104

1,137

1,171

Freshman Advisor (2)

1,035

1,066

1,098

Drama Director

4,578

4,715

4,857

Assistant Drama Director

2,550

2,626

2,705

Musical Director

2,893

2,980

3,069

Newspaper & Writers' Club

2,287

2,356

2,427

Literary Magazine

1,167

1,202

1,238

Speech Coach

3,136

3,230

3,327

Assistant Speech Coach

2,032

2,093

2,156

Quiz Team Coach (2)

2,123

2,187

2,253

National Honor Society Advisor (2)

1,431

1,474

1,518

Wahconah Student Council Advisor

1,718

1,769

1,822

Cheerleading - Fall

2,515

2,591

2,669

Cheerleading - Winter

2,515

2,591

2,669

Tribe Coach

689

710

731

Intramural Sports - Wahconah

2,942

3,030

3,121

Jr. Classical League

792

816

841

Academic Decathlon Advisor

1,345

1,386

1,427

Mock Trial Advisor

1,345

1,386

1,427

Choral Director

3,361

3,462

3,566

Hockey

4,778

4,921

5,069

Volleyball

3,270

3,368

3,469

MIDDLE SCHOOL

 

 

 

Student Council

1,283

1,321

1,361

Band Director - Nessacus

2,136

2,200

2,266

intramural Sports, Girls - Nessacus

2,276

2,344

2,415

Intramural Sports, Boys - Nessacus

2,276

2,344

2,415

Yearbook - Nessacus

1,206

1,243

1,280

Newspaper - Nessacus

2,287

2,356

2,427

Choral Director - Nessacus

2,136

2,200

2,266

Band Director - Nessacus

2,136

2,200

2,266

ELEMENTARY SCHOOLS

 

 

 

Elementary Athletics - Each School (4)

1,240

1,277

1,315

E.            If a position is created which is not set forth in paragraph D above, the Superintendent at the time such position is created will establish a temporary rate for such position and the Superintendent may proceed to post and fill the position. The District and Association will meet to establish the final rate. Upon establishment of the final rate by the District and Association, the District agrees to pay, retroactively if necessary such amount to the appointee.

F.             Appointees shall be paid a lump sum at the conclusion of the activity for the school year or in 26 bi-weekly installments at the times provided for in Article 5.3.

EXHIBIT F-1

(Use this sheet as the Cover Sheet for the Summative Evaluation)

Central Berkshire Regional School District

Summative Teacher Evaluation Form

Teacher With Professional Status

Teacher ____________________________               Date _________________________

Grade/Subject __________ School ______________________ Evaluator ______________________

Record below in narrative form a description and evaluation of performance in the areas of:    (use as many sheets as necessary)

I.             Currency in the Curriculum

II.            Effective Planning & Assessment of Curriculum & Instruction

III.          Effective Management of Classroom Environment

IV.          Effective Instruction

V.            Promotion of High Standards and Expectations for Student Achievement

VI.          Promotion of Equity and Appreciation of Diversity

VII.         Fulfillment of Professional Responsibilities

VIII.       Summary Statement:  Evaluator in this section, through the use of the narrative above, will summarize the overall performance of the teacher.

The evaluator finds no significant aspects of performance that need improvement and recommends unconditional reappointment:     Yes [ ]                                                                               No [ ]

The evaluator cannot recommend unconditional reappointment based upon the Summative Evaluation and recommends that the teacher be placed on a Teacher Assistance Plan:

                                                                                Yes [ ]                     No [ ]

_______________________                                          ____________________________

Signature of Teacher                                                          Signature of Evaluator

________________________                                        ____________________________

Date                                                                                       Date

Signature above indicates that a conference between the teacher and the evaluator was held. The teacher's signature on this form indicates that he has seen ail comments on the form. The teacher's signature does not necessarily indicate agreement with the evaluation report. The staff member has the right to submit written replies or comments within 10 working days or June 30 whichever is the earlier.

EXHIBIT F-2

(Use this sheet as the Cover Sheet for the Summative Evaluation)

Central Berkshire Regional School District

Summative Teacher Evaluation Form

Teacher Without Professional Status

Teacher______________________________           Date_______________________

Grade/Subject __________ School ____________________ Evaluator ____________________

Record below in narrative form a description and evaluation of performance in the areas of:    (use as many sheets as necessary)

I.             Currency in the Curriculum

II.            Effective Planning & Assessment of Curriculum & Instruction

III.          Effective Management of Classroom Environment

IV.          Effective Instruction

V.            Promotion of High Standards and Expectations for Student Achievement

VI.          Promotion of Equity and Appreciation of Diversity

VII.         Fulfillment of Professional Responsibilities

VIII.       Summary Statement:  Evaluator in this section, through the use of the narrative above, will summarize the overall performance of the teacher.

The evaluator finds no significant aspects of performance that need improvement and recommends reappointment:               Yes [ ]     No [ ]

_______________________                                          ____________________________

Signature of Teacher                                                          Signature of Evaluator

________________________                                        ____________________________

Date                                                                                       Date

Signature above indicates that a conference between the teacher and the evaluator was held. The teacher's signature on this form indicates that he has seen all comments on the form. The teacher's signature does not necessarily indicate agreement with the evaluation report. The staff member has the right to submit written replies or comments within 10 working days or June 30 whichever is the earlier.

Central Berkshire Regional School District

Evaluation Year

Teacher Observation Form

Teacher __________________                      School ______________________________

Grade/Subject/Position _______________________________________________

Date of Observation ___________ Time of Observation _________________________

1.             Description of Class Observed

2.             Commendations

3.             Recommendations

____________________                                 __________________________

* Signature of Teacher                                       Signature of Observer

____________________                                 __________________________

date                                                                        date

* Signature indicates the teacher has read report

The teacher's signature does not necessarily indicate agreement with the evaluation report.

Central Berkshire Regional School District

Teacher's Optional Observation Response Form

Date of observation _________

4.             Teacher's Comments

__________________                                      ______________________

Signature of Teacher                                          * Signature of Observer

___________________                                    _______________________

Date                                                                       Date

* Signature indicates the observer has read teacher's comments

The observer's signature does not necessarily indicate agreement with the teacher's comments.

EXHIBIT F-3

(Use this sheet as the Cover Sheet for the Summative Evaluation)

Central Berkshire Regional School District

Summative Certified Non-Classroom Specialist Evaluation Form

Specialist With Professional Status

Specialist __________________________                 Date _______________________

Subject _______________ School ____________________ Evaluator _______________

Record below in narrative form a description and evaluation of performance in the areas of:    {use as many sheets as necessary)

I.             Professional Competence

II.            Effective Planning & Assessment

III.          Effective Management of Physical Environment

IV.          Effective Delivery of Services

V.            Promotion of High Standards and Expectations for Students Success and Well-Being

VI.          Promotion of Equity and Appreciation of Diversity

VII.         Fulfillment of Professional Responsibilities

VIII.       Summary Statement:  Evaluator in this section, through the use of the narrative above, will summarize the overall performance of the teacher.

The evaluator finds no significant aspects of performance that need improvement and recommends unconditional reappointment:     Yes [ ]                                                                                               No [ ]

The evaluator cannot recommend unconditional reappointment based upon the Summative Evaluation and recommends that the specialist be placed on an Assistance Plan:

Yes[ ]                      No [ ]

____________________                                                 ________________________

Signature of Specialist                                                        Signature of Evaluator

________________________                                        ________________________

Date                                                                                       Date

Signature above indicates that a conference between the specialist and the evaluator was held. The specialist's signature on this form indicates that he has seen all comments on the form. The specialist's signature does not necessarily indicate agreement with the evaluation report. The staff member has the right to submit written replies or comments within 10 working days or June 30 whichever is the earlier.

EXHIBIT F-4

(Use this sheet as the Cover Sheet for the Summative Evaluation)

Central Berkshire Regional School District

Summative Certified Non-Classroom Specialist Evaluation Form

Specialist Without Professional Status

Specialist_______________________                         Date_________________________

Subject ________________ School _________________ Evaluator __________________

Record below in narrative form a description and evaluation of performance in the areas of: (use as many sheets as necessary)

I.             Professional Competence

II.            Effective Planning & Assessment

III.          Effective Management of Physical Environment

IV.          Effective Delivery of Services

V.            Promotion of High Standards and Expectations for Students Success and Well-Being

VI.          Promotion of Equity and Appreciation of Diversity

VII.         Fulfillment of Professional Responsibilities

VIII.       Summary Statement: Evaluator in this section, through the use of the narrative above, will summarize the overall performance of the specialist.

The evaluator finds no significant-aspects of performance that need improvement and recommends reappointment:               Yes [ ]     No [ ]

________________________                                        ________________________

Signature of Specialist                                                        Signature of Evaluator

________________________                                        ________________________

Date                                                                                       Date

Signature above indicates that a conference between the specialist and the evaluator was held, The specialist's signature on this form indicates that he has seen all comments on the form. The specialist's signature does not necessarily indicate agreement with the evaluation report. The staff member has the right to submit written replies or comments within 10 working days or June 30 whichever is the earlier.

Central Berkshire Regional School District

Evaluation Year

Specialist Observation Form

Specialist_______________________ School ______________________________

Subject/Position ______________________________________________________

Date of Observation ____________ Time of Observation _____________________

1.             Description of Activity Observed

2.             Commendations

3.             Recommendations

________________________                        ________________________

* Signature of Specialist                                     Signature of Observer

________________________                        ________________________

Date                                                                       Date

* Signature indicates the teacher has read report

The specialist's signature does not necessarily indicate agreement with the evaluation report.

Central Berkshire Regional School District

Specialist's Optional Observation Response Form

Date of observation ___________________

4.             Specialist's Comments

________________________                        ________________________

Signature of Specialist                                        * Signature of Observer

________________________                        ________________________

Date                                                                       Date

* Signature indicates the observer has read specialist's comments

The observer's signature does not necessarily indicate agreement with the specialist's comments.

EXHIBIT G

NURSES' SALARIES

1.             The Nurse Supervisor shall be paid an additional $1,968 in FY-09, an additional $2,027 in FY-10, and an additional $2,088 in FY-11,

2.             Part-time nurses' salaries will be pro-rated against a normal workday of seven hours of work per day.

3.             All the benefits and terms of this agreement apply to nurses with the exception of the provision relating to sabbatical leave.

4.             Length of continuous service of a nurse within the Central Berkshire Regional School District or its predecessor system shall determine a nurse's "length of service." If the District shall reduce the number of nurses in its employ, it shall do so by laying off those nurses with the least "length of service."

5.             The District may reduce the number of nurses within its employ and may prior to bargaining implement such reduction together with all changes that the District deems advisable to implement such reduction. After implementation, the District and Association shall meet and bargain all bargainable matters associated with the reduction in force.

6.             The nurses shall to the maximum extent permitted by law train and supervise teachers and other employees of the District in the administration of health needs of students including the dispensing of medication, and shall take such action as is necessary or advisable to encourage teachers and other employees to perform such activities.

FY-2009

Step

A

B

C

D

E

F

 

RN

Bach/RN

Masters

M+15

M+30

M+45

1

29,736

34,983

39,060

41,010

42,394

43,768

2

30,948

36,411

40,489

42,462

43,835

45.217

3

32,159

37,834

41,914

43,906

45,286

46,664

4

33,954

39,946

44,021

46,047

47,424

48,805

5

35,165

41,370

45,447

47,493

48,874

50,253

6

36,434

42,863

46,943

49,012

50,388

51,763

7

38,035

44,747

48,825

50,924

52,301

53,674

8

39,252

46,174

50,254

52,370

53,744

55,127

FY-2Q10

Step

A

B

C

D

E

F

 

RN

Bach/RN

Masters

M+15

M+30

M+45

1

30,628

36,032

40,232

42,240

43,666

45,081

2

31,877

37,503

41,704

43,736

45,150

46,573

3

33,124

38,969

43,172

45,223

46,644

48,064

4

34,973

41,144

45,341

47,428

48,846

50,269

5

36.220

42,611

46,810

48,917

50,340

51,760

6

37,527

44,149

48,351

50,482

51,899

53.316

7

39,176

46,090

50,289

52,452

53,870

55,285

8

40,429

47,560

51,761

53,941

55,357

56,780

9

43,380

51,024

53.506

55,710

57,135

58,554

FY-2011

Step

A

B

C

D

E

F

 

RN

Bach/RN

Masters

M+15

M+30

M+45

1

31,547

37,113

41,439

43,507

44,976

46,433

2

32,833

38,628

42,955

45,048

46,504

47,970

3

34,118

40,138

44,467

46,580

48,044

49,505

4

36,022

42,378

46,702

48,851

50,312

51,777

5

37,306

43,889

48,214

50.385

51,850

53,313

6

38,653

45,474

49,802

51,997

53,456

54,916

7

40,351

47,472

51,798

54,025

55,486

56,943

8

41,642

48,987

53,314

55,559

57,018

58,483

9

44,682

52,554

55,111

57,381

58,849

60,311

EXHIBIT H

CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT

P.O. Box 299

Dalton, MA 01227-0299

PRELIMINARY COURSE APPROVAL

Date ________________________

Teacher's Name ______________________________ School ________________________

Approval is requested for: ________________________________________________

(Title of Course)

Instructor ____________________________ Sponsored by ________________________

Hours of Credits _________            Graduate: [ ]         Undergraduate: [ ]

Times of Meetings ________________________ Place of Meetings _______________________

Dates (Inclusive) ________________________ to ________________________

Expected date of completion (if other than above) ___________________________________

Credits thus earned to be applied to: (Check all that apply)

( ) Master's Equivalency

( ) Master's Degree

( ) Master's plus 15 credits

( ) Master's plus 30 credits

( ) Master's plus 45 credits

( ) Course reimbursement for recertification (see reverse side for contract language)

( ) Course reimbursement (see reverse side for contract language)

Please indicate what use you expect to make of this course in relation to your teaching assignment.

______________________________________________________________________________________

______________________________________________________________________________________

Signature ________________________

Preliminary approval is hereby granted.   It is the responsibility of the teacher to present transcripts of grades of issuance from the sponsoring accredited institution to the office of the Assistant Superintendent. Upon such presentation, credits will be recognized.

Assistant Superintendent ________________________ Date _____________________

Credit notification received ________________________ Taken __________________

Grade _________ Credits granted ____________ Graduate [ ]                               Undergraduate [ ]

Preliminary approval of Assistant Superintendent is required for courses to be applied to advancement on the salary schedule. Submit in duplicate: one copy for the teacher and one copy for the office files.

Contractual Language Regarding Course Reimbursement:

8.3.3       During the term of this agreement, a unit member shall be allowed one college course per year at the District's expense.  The District agrees to reimburse a unit member up to a maximum of $800 in each fiscal year of this contract, so long as the member receives a minimum of 3.0 in said course, for tuition, fees and books. A unit member shall submit a written request for reimbursement with evidence of payment to the District within the fiscal year in which the course was completed. A unit member seeking to take a course during the summer must advise, in writing, the Superintendent or his designee by no later than June 15. Reimbursement shall be paid in the order the taking of a course was approved pursuant to Section 5.7 by the Superintendent, up to an aggregate maximum for all unit members of $48,000 per fiscal year and the remainder, if any shall not be reimbursed.

AMENDMENT TO THE

2009-2011

AGREEMENT BETWEEN THE

CENTRAL BERKSHIRE REGIONAL SCHOOL DISTRICT

AND THE

CENTRAL BERKSHIRE EDUCATION ASSOCIATION

ARTICLE 5

SALARIES

5.5          A teacher shall be placed on the "horizontal level" set forth on Exhibit B-1, B-2 and B-3 as follows: Please see "Notes that apply to all sections of 5.5". The only time horizontal movement takes place is September 1 and March 1.

A             1.             Column A - Bachelor's         Automatically upon receipt of a Bachelor of Arts, Bachelor of Science or equivalent.

2.             Column B - Master's             Teacher will inform the Superintendent in writing at least 6 months in advance of receiving a Master's Degree. The Master's Degree must be within the area that the teacher is performing within the Central Berkshire Regional School District and the decision of the Superintendent shall not be subject to Article 4.

B.            1.             Column C - M + 15               If teacher has received a Master's Degree, automatically upon teacher satisfactorily earning 15 "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree) or a combination of 12 or more "approved academic credits" which together with three or less "recognition credits" total 15 or more "approved academic credits" and "recognition credits."

2.             Column D - M + 30               If teacher has received a Master's Degree, automatically upon teacher satisfactorily earning 30 "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree) or a combination of 27 or more "approved academic credits" which together with three or less "recognition credits" total 30 or more "approved academic credits" and "recognition credits."

3.             Column E - M + 45               If teacher has received a Master's Degree, automatically upon teacher satisfactorily earning 45 "approved academic credits" (exclusive of "approved academic credits" used to obtain a Master's Degree) or a combination of 42 or more "approved academic credits" which together with three or less "recognition credits" total 45 or more "approved academic credits" and "recognition credits."

Notes that apply as related to all of 5.5.

When a teacher qualifies for a horizontal movement between September 15 and March 1, the effective date of the movement shall be March 1. When a teacher qualifies for a horizontal movement between March 1 and September 15, the effective date of movement shall be September 1.

If a unit member fails to comply with the pre-approval process described in Article 5.7, the course may still be approved only, if in the opinion of the Superintendent, such academic credits are within the area of the unit member's involvement and are approved by the Superintendent Written approval of the Superintendent is required for each course which unit member intends to use to advance horizontally. Undergraduate courses may, but need not in the sole discretion of the Superintendent, be approved. The decision of the Superintendent shall be binding on all parties and shall not be subject to the provisions of Article 4. Academic credits which have been so approved are "approved academic credits." Upon approval of a course, which has been retroactively approved by the Superintendent, the unit member must wait six months for the horizontal movement to take effect. The only time horizontal movement takes place is on September 1 and March 1. The single exception to this policy will be in a case where the member can document that he/she had received prior approval for a course that was subsequently cancelled, resulting in a drop/add situation. Under that circumstance, if the academic credits of the added course are within the unit member's involvement, the six-month waiting period will be waived.

ARTICLE 8

PROFESSIONAL DEVELOPMENT

8.3.3       During the term of this agreement, a unit member shall be allowed one college course per fiscal year, at the District's expense with prior approval from the Superintendent. The District agrees to reimburse a unit member up to a maximum of $800 for his/her one college course in each fiscal year of this contract, so long as the member receives a minimum of 3.0 (or equivalent "B" or "Pass" in courses offered on a "Pass/Fail" basis) in said course, for tuition, fees and books. Members enrolled in a course on a "Pass/Fail" basis will be required to provide evidence that the institution or instructor considers the "Pass" grade received as equivalent to a "3.0" or a "B." A Unit Member shall submit a written request for reimbursement with evidence of payment, along with official evidence of grade (transcript), to the District within the fiscal year in which the course reimbursement will be made. Reimbursement shall be paid in the order the taking of a course was approved pursuant to Section 5.7 by the Superintendent, up to an aggregate maximum for all unit members of $48,000 per fiscal year and the remainder, if any, shall not be reimbursed. An example of the form that shall be used for prior approval of such courses can be found in Exhibit H."

Signed as of this __________ day of ________________ 2009.

CENTRAL BERKSHIRE REGIONAL

SCHOOL DISTRICT

By ________________________

Its ________________________

CENTRAL BERKSHIRE EDUCATION

ASSOCIATION

Its ________________________