Chicopee

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DistrictChicopee
Shared Contract District
Org Code610000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyHampden
ESE RegionPioneer Valley
UrbanUrban Supt Network
Kind of Communityurbanized centers
Number of Schools15
Enrollment7845
Percent Low Income Students61
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Chicopee

AGREEMENT

between the

CHICOPEE SCHOOL COMMITTEE

and the CHICOPEE EDUCATION ASSOCIATION

UNIT A

Effective August________________________, 2011 to August________________________, 2014

THIS AGREEMENT IS MADE AND ENTERED INTO on this________________________ day of August, 2011 by and between the CITY OF CHICOPEE acting through its SCHOOL COMMITTEE (hereinafter referred to as the ,,Committee,,) AND THE CHICOPEE EDUCATION ASSOCIATION (hereinafter referred to as the "Association").

ARTICLE I

RECOGNITION

A.            The Committee recognizes the Association for purposes of collective bargaining as the exclusive representative of a unit to be known as "Unit A" consisting of all professional teaching employees of the Chicopee School System including:

All classroom teachers, permanent substitutes, resource teachers, special needs teachers, librarians, adjustment counselors, guidance counselors, counselor examiners, school psychologists, professional broadcast engineer/teacher, physical therapists, occupational therapists, rehabilitation coordinator, teachers of the visually impaired, speech & language therapists, speech and language pathologist assistants, instructional media specialists in A-V, coaches, night school teachers, summer school teachers, after school enrichment teachers, and advisors of extra-curricular activities, High School Summer Program Director, Elementary/Middle School Summer Program Director; but excluding: the superintendent, assistant superintendent, the business manager, assistant for curriculum, principals, and all members of Unit B and all other employees who do not share the same community of interest, with the members of this bargaining unit.

Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "teachers", and references to male teachers will include female teachers.

B.            The Committee, popularly elected and subject to applicable federal, state, and municipal law, is obligated and mandated to maintain the public schools of Chicopee.

Operating in accordance with said laws and limited only by the express terms of this Agreement, the Committee has and will continue to exercise its managerial functions which include but are not limited to: (1) full and exclusive control of the schools and school system; (2) full and exclusive control of all of its employees, including but not limited to the right to hire, schedule, promote, transfer, demote, or release employees, and the right to discipline, suspend, and discharge such employees with Just Cause; and (3) determining and administering school department policies.

The Committee retains all powers, rights and duties it had prior to this Agreement and the exercise of the foregoing powers, duties and responsibilities by the Committee in carrying out this mandate under the law shall be limited, abridged, delegated, or modified only by the express terms of this Agreement, any supplement thereto, and relevant state and federal law. The failure of the Committee to exercise any such right or power reserved to it or the exercise by it of any such right in a particular way shall not be deemed to be a waiver nor a restriction of any such exercise of rights or lack thereof.

ARTICLE II

NEGOTIATING PROCEDURE

A.            Not later than November 1 of the preceding calendar year in which this Agreement expires, the Committee and the Association agree to enter into negotiations over a successor agreement concerning teachers' wages, hours, and other conditions of their employment. When, by mutual agreement, negotiations are scheduled during the school day, five (5) members of the negotiating team as designated by the president will be relieved, from all regular duties without loss of pay, or loss of accumulated sick leave, or personal leave as necessary in order to permit their participation in such meetings.

B.            The parties acknowledge that during the negotiations that 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 understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Committee and the Association, for the term of this Agreement, each unqualifiedly and voluntarily waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement even though the 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 or signed this Agreement.

C.            This Agreement may not be modified in whole or in part by the parties except by an instrument in writing duly executed by both parties.

D.            Except as this Agreement shall hereinafter otherwise provide, all conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement, as established by the School Committee's rules and policies in force on said date, shall continue to be so applicable during the life of this Agreement. Nothing in this Agreement which changes preexisting School Committee rules and policies shall operate retroactively.

E.             This Agreement constitutes School Committee policy for the term of said Agreement and the School Committee shall carry out the commitments contained herein and give them full force and effect as School Committee policy. The School Committee shall amend its rules and policies and take such other action as may be necessary in order to give full force and effect to the provisions of this Agreement.

F.             The Association will prepare the final Unit A contract. Two (2) originals and two (2) diskettes of the contract will be given to the School Committee.

ARTICLE III

GRIEVANCE PROCEDURE

A.              Definitions

1.                   A "grievance" is a claim based upon an event or condition which involves the interpretation, meaning or application of any of the provisions of this Agreement.

2.                   An "aggrieved person" is the person or persons making the claim.

3.                   A "party in interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

B.              Purpose

1.                   The purpose of this procedure is to secure, at the lowest appropriate administrative level, equitable solutions to the problems which may from time to time arise affecting the welfare or working conditions of teachers. Both parties agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2.                   Subject to the provisions of Level Five of this article, nothing herein contained will be construed as limiting the right of any teacher having a grievance to discuss the matter informally with any appropriate member of the administration, and having the grievance adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement.

3.                   The Association shall have the right to initiate an individual grievance at Level Two of the grievance procedure. If the Superintendent or his designee believes after the meeting that the grievance is more appropriate for initiation at Level One, such grievance shall be returned to Level One and processed accordingly, with the understanding by the parties that said grievance has been processed in a timely manner if filed by the Association within thirty (30) school days after the individual teacher concerned knew or should have known of the act or condition on which the grievance is based.

C.            Procedure

All time limits herein shall consist of calendar days exclusive of Saturdays, Sundays, and legal holidays. The time limits indicated hereunder will be considered maxima unless extended by mutual agreement in writing.

In the event a grievance is filed which cannot be resolved to the satisfaction of the Association prior to the termination of this Contract using the normal time limits set out herein, the Association may submit the grievance directly to arbitration in accordance with Level Four of this procedure.

1.             Level One. The teacher with an alleged grievance shall discuss the grievance at a mutually-agreed time with the Principal or his designee. The Principal or his designee shall honor the request for discussion of the alleged grievance within three (3) days.

A teacher will have within fifteen (15) school days to file a Step 1 grievance after the teacher knew or should have known of the act or condition on which the grievance is based. A teacher will have up to fifteen (15) school days at the beginning of the school year to file a grievance if the grievance action occurred during the summer months when school was not in session.

If the act or condition on which the grievance is based occurs fewer than fifteen (15) school days before the end of the school year, then the grievance must be filed within fifteen (15) days (exclusive of weekends) after the teacher knew or should have known of the act or condition.

2.             Level Two.

(a)                 If the aggrieved person is not satisfied with the disposition of his grievance at Level One, or if no decision has been rendered within seven (7) days after presentation of the grievance, he may file the grievance in writing with the Superintendent of Schools, or his designee as long as such designee is not a member of a unit, signed by the grievant or any authorized officer of the Association.

(b)                 The Superintendent or his designee will represent the administration at this level of the grievance procedure. Within seven (7) days after receipt of the written grievance by the Superintendent, the Superintendent or his designee will meet with the aggrieved person in an effort to resolve it.

(c)                 At his level, the Superintendent is to be sure that if the grievant is not a member of the CEA, that the CEA is notified of the date, time, and place for the grievance so that the CEA may be present to state its views.

3.             Level Three. Committee on Employee Relations

The parties agree to establish and maintain, during the life of this Agreement, a joint Committee on Employee Relations, which shall consist of four (4) representatives of the Association, appointed by the President of the Association, and four (4) representatives of the School Committee (which may be School Committee members or members of the administration), designated by the School Committee, one (1) of each will be the designated spokesperson. The representatives may be accompanied by advisors of their own choosing at any meeting. The members of the Committee may, from time to time, change depending on the issues pending before the Committee.

The purposes of this Committee shall be: 1) to foster good labor management relations through the implementation of the terms of this Agreement; 2) to seek to resolve, consistent with this Agreement, problems or disputes arising under this Agreement; 3) where appropriate, to seek the resolution of grievances consistent with the terms of this Agreement; and 4) where appropriate, subject to the provisions of this section, to enter into mutual agreements to effectuate the terms of this Agreement.

No person or body referenced in this section shall have the authority to alter, amend, extend or revise any term of this Agreement. This Committee may enter into binding agreements only to the extent consistent with the collective bargaining agreement. Any deviations or resolutions involving the expenditure of funds must be authorized by the School Committee and/or Association.

Unless the parties mutually agree to place an item on the agenda, only those issues which have been filed as a grievance and rejected by the Superintendent or designee at Level Two of the Grievance Procedure are eligible for consideration. Time limits for filing at Level Four will be stayed pending the consideration of a grievance by the Employee/School Committee Relations Committee.

Meetings shall be scheduled on a monthly basis during the school year at a mutually agreeable date and time. A written schedule shall be issued after the first meeting of the school year of meeting dates for the remainder of that year. Procedures with respect to conduct of the meetings shall be established by the Employee Relations Committee.

4.             Level Four:

If the aggrieved person is not satisfied with the disposition of his grievance at Level Two, or if no decision has been rendered within seven (7) days after he has first met with the Superintendent, he may file the grievance in writing with the Committee. Within fourteen (14) days after receiving the written grievance or the second Wednesday of the month, whichever is sooner after receiving the grievance, the School Committee will meet with the aggrieved person for the purpose of resolving the grievance.

The Association may choose to submit a Level Four presentation in writing instead of orally. The School Committee has the right at its option to have an oral presentation at a subsequent regular School Committee meeting date mutually agreeable to the parties. If an oral presentation is required by the School Committee, it must request such presentation in writing within fourteen (14) days after the written presentation is considered by the School Committee. The School Committee must respond to the grievance within fourteen (14) days of the final presentation.

5.             Level Five.

(a)                   If the Association does not accept the School Committee Level Four response or if a response is not given by the School Committee, the Association may submit the matter to arbitration by filing a written demand with the American Arbitration Association. This written demand to the American Arbitration Association must be filed no later than thirty (30) days of receipt of the School Committee Level Four response or not later than forty-five (45) days from the day when the School Committee Level Three response was due, whichever is applicable. Disputes regarding filing for arbitration shall be resolved by reviewing the American Arbitration Association's time and date stamp. The parties agree that if an extension is requested by either side within the above-referenced time limits, such extension will be granted.

(b)                   The party seeking arbitration may request a list of arbitrators from the American Arbitration Association. The parties will be bound by the current rules and procedures of said Association in the selection of an arbitrator.

(c)                    The arbitrator so selected will confer with the School Committee and the Association and hold hearings promptly and will issue his decision not later than thirty (30) days from the date of the close of the hearings or, if oral hearings have been waived, then from the date the final statements and proofs are submitted to him. The arbitrator's decision will be in writing and will set forth his findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement nor will he be permitted to interpret the intention of the parties at the time they negotiated said Agreement. The decision of the arbitrator will be submitted to the School Committee and to the Association, and, subject to law, will be final and binding on all disputes arising under Articles I through IV, Articles XIV through XXXI, Appendix A and Appendix B, provided that the arbitrator shall not usurp the functions of the Committee or the proper exercise of its judgment and discretion under law and this Agreement. On all disputes arising under Article V through XIII, the decision of the arbitrator will be final and binding unless the School Committee within seven (7) calendar days after the decision has been rendered, makes a written statement to the Association that it has rejected, by a majority vote of the full School Committee, the opinion of the arbitrator and which sets forth the reasons for its rejection.

(d)                    The costs for the services of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the School Committee and the Association.

(e)                    Teachers subject to discharge and/or suspension must elect between pursuing the grievance arbitration provisions of the collective bargaining agreement or the statutory arbitration procedures outlined in Massachusetts General Laws Chapter 71. Once one forum is selected, the other is foreclosed to the teacher.

D.            Rights of Teachers to Representation

1.                   No reprisals of any kind will be taken by the School Committee or by any member of the administration or by the Association, the Massachusetts Teachers Association, or the National Education Association Against any party in interest, and School Representative, any member of the Association, or any other participant in the grievance procedure by reason of such participation.

2.                   Any party in interest may be represented at all stages of the grievance procedure by a person of his own choosing, except that he may not be represented by a representative or an officer of any teacher organization other than the Association. When a teacher is not represented by the Association and the grievance procedure progresses to Level Two, the Association shall have the right to be present and to state its views at all stages of the grievance procedure.

E.            Miscellaneous

1.             If, in the judgment of the Association, a grievance affects a group or class of teachers, the Association may submit such grievance in writing over the signature of the President of the Association to the Superintendent directly and the processing of such grievance will be commenced at Level Two. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.

Notwithstanding the above and in acknowledgement of the parties mutual intent to secure resolution of problems arising under the collective bargaining agreement at that lowest possible level, the parties agree that, after meeting at Level II in a class action grievance, initiated at that Level, the Superintendent or his/her designee may return the grievance to Level I for further processing.

The determination of the Superintendent or his/her designee to return a grievance to Level I will be based on the following criteria:

there has been no prior meaningful discussions between the parties at Level I,

the grievance involved originated in and is building oriented regardless of the number of people involved, and

the administrator at Level I has authority to resolve the grievance.

The parties agree that the above-referenced procedure and criteria will be followed in the processing of future class action grievances (as defined in Section 1 above) unless modified by agreement of the parties in writing.

In order to facilitate the parties' intent in providing opportunity for full and complete consideration of grievances at Level Four meetings at Level Four between the School Committee and the Association will be scheduled on a regular monthly basis. Such meetings, from September through June, will be held apart from regular meetings of the School Committee for the express purpose of hearing grievances, normally on the second Wednesday evening of each month. Should either party be unavailable, a mutually agreeable alternate date will be established. Any Level Four meeting held during July and August will be subject to agreement by the parties.

2.                   When a grievance has not been settled at Level One, decisions rendered at Levels Two, and Four of the grievance procedure will be in writing, setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest and to the Association. Decisions rendered at Level Five will be in accordance with the procedures set forth in Section C, paragraph 4(c).

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.                   Forms for filing grievances, serving notices, taking appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure. These forms must be used for any grievance filed.

5.                   If a grievance hearing is to be held during the school day under Level Five of the grievance procedure (hearing before arbitrator), not more than five (5) teacher representatives will be released without loss of pay for the time necessary to conduct the grievance hearing. If additional witnesses are necessary to conduct the grievance hearing, a list of such witnesses will be provided to the school administration office (Superintendent's office) at least seven (7) days before the scheduled date for the grievance. Such list shall indicate the approximate time necessary for such an extra witness to testify, and scheduling to permit such witnesses to leave their regular assignment will be arranged, with the understanding that such extra witnesses will return to work promptly after testifying. In like manner, the same procedures will be in force for any fact finding, or the like, which may arise under the provisions for General Laws Chapter 150E, which might be held during regular school hours.

6.                   The Committee will make available, upon request, such records and other documents which the Association feels are pertinent to the processing of a grievance.

7.                   The CEA agrees that in any arbitration case wherein a violation of Article II, Paragraph C, D, or E is alleged, it will not make any verbal or written reference in any oral argument or written brief to three prior arbitration decisions; one rendered by Paul Dorr (dated 3/30/77), one by Thomas Hogan (dated 4/4/77), and the last by George Odiorne (dated 12/20/83); nor will it submit copies of any of those decisions, nor excerpts therefrom, to any arbitrator unless the case being arbitrated involved a denial by the School Committee to provide contractually stated preparation periods.

8.          When it is necessary, pursuant to Article III Grievance Procedure, for a representative of the Association to attend a grievance meeting or hearing, commencing with Level Two thereof during a school day, he will, upon notice to his principal or immediate superior and to the Superintendent, be released without loss of pay or charge against any leave as necessary in order to permit participation in the foregoing activities, provided he can be released without detriment to the educational program. Any teacher whose appearance in a grievance hearing as a witness is necessary will be accorded the same right. The Association agrees that these rights will not be abused.

ARTICLE IV

SALARIES

A.            The salaries of all persons covered by this Agreement are set forth in Appendix "A" which is attached hereto and made a part hereof.

B.            Salary payments shall be made in equal biweekly installments, the first payments in each school year to be made not later than the third Friday of said school year and biweekly thereafter, the last of said biweekly payments to be no later than the last Friday in June. Whenever a Friday payday occurs when school is not in session, the Chicopee Public Schools will make every effort to mail pay checks in adequate time so that they will be received on or before such Friday payday to those employees who provide the School Department with a self-addressed stamped envelope.

C.            Every effort will be made to guarantee the privacy of teachers' paychecks.

ARTICLE V

TEACHING HOURS AND TEACHING LOAD

A.            1.             Starting and dismissal times for students will be established by the School Committee after taking into careful consideration State regulations as prescribed by the State Board of Education; provided, however, that the length of the present student day will not be increased unless such lengthening is required by statute or regulation of the State Board of Education. The Association agrees to accept the implementation of the increased student day (1996-1997) and the corresponding offset in reporting time for Teachers at the High Schools to meet time and learning requirement.

2.            The workday of personnel covered by the Classroom Teachers Salary Schedule will begin fifteen (15) minutes before the student starting time. Each teacher will be in his school building and available for duty after the closing of school for a period of time which will be sufficient to take care of those details which usually are connected with the closing of the daily session, such a period of time not to exceed fifteen (15) minutes. The parties to this Agreement agree that fifteen (15) minutes may, on occasion, be insufficient to meet with the pupils who may wish assistance or advice, for makeup nights, for supervision of detention sessions in accordance with present administrative practice, and for situations beyond the control of school officials; on such occasions, the fifteen (15) minute limit does not apply. Elementary teachers are expected to be at their work stations ready to receive and supervise students at 8:30 a.m.

1.            The work year for teachers will be 185 workdays. There will be 180 instructional days and five (5) non-instructional days. Each day will be eight (8) instructional minutes longer than the 2000 - 2001 work day. Teachers will commence work no earlier than the last four (4) working days of August. All instructional days will be scheduled between the last three (3) working days of August and June 30.

The "work year" will include days when pupils are in attendance, or orientation days at the beginning of the school year, conference days, and any other days on which teacher attendance is required. It is expressly understood that days on which teacher attendance is not required or when students and teachers are dismissed early after reporting because of inclement weather (i.e., storm days), will not be included in computing the work year of teachers.

2.             Flexible Scheduling - Counselors and librarians (grades 9-12) who perform services but do not meet classes on a regular basis may be required to work a flex time schedule.

The schedule shall fall within a 7:00 a.m. to 3:30 p.m. day and not exceed six (6) hours and thirty-three (33) minutes of consecutive time which shall include a duty-free lunch period.

Flex time changes shall be done on a monthly basis with proper notice to the employee.

Volunteers shall be first requested, from the counselors and librarians, to work a flex time schedule. However, the principal reserves the right to assign a flex schedule if there are no, or not enough, volunteers as long as reasonable advance notification is provided to the counselor or librarian.

C.           1.             Teachers other than those new to the system, may be required to remain after the end of the regular workday without additional compensation for up to twenty-five (25) meetings each school year which shall include meetings cancelled by School Administration. Under normal conditions, said meetings will not be scheduled for less than one (1) hour in length. The principal, after meeting and receiving input from staff on the number of meetings and their length of time, will schedule the meetings, not to exceed twenty-five (25) meetings, which cumulatively will not exceed twenty-five (25) hours. New teachers may, in addition, be required to attend a reasonable number of orientation and in-service training meetings.

2.             The rules governing teacher attendance at evening meetings (such as parent-teacher conferences) will be as follows:

(a)                 Elementary and Secondary Schools will be closed for one-half (1/2) day up to two (2) separate days per year in order to attend evening meetings, such as Open House. Any change from the current practice requires a site decision by the Unit A members and principal. Attendance at all other evening meetings will be at the option of the individual teacher.

(b)                 Each teacher will make himself available for conferences when parents request such conferences, or when the teacher considers them desirable. To the extent possible, said conferences will be scheduled on school days after the dismissal of the students. Where such scheduling is not possible, said conferences will be scheduled at some other mutually agreed-upon time.

D.           1.            (a)       All elementary (Pre K-5) and Middle School teachers shall have a thirty (30) minute duty-free lunch period during the work day.

(b)       All secondary teachers shall have a duty-free lunch period equal to the students' lunch, but in no event shall the lunch period be less than twenty-five (25) minutes.

2.                   High School teachers and Middle School classroom teachers will have one (1) class period for preparation each day during which they will not be assigned to any other duties.

3.                   There will be a daily forty-five (45) consecutive minute preparation period for all elementary teachers, including resource teachers.

E.           1.              Academic subject area high school teachers and academic subject area teachers in grades 7 and 8, except resource teachers at these levels may be assigned up to, but not more than, five (5) teaching periods, one (1) student supervision period, and one (1) homeroom period per day, in addition to the regular pre-school and post-school assignment. To the extent reasonably possible, and consistent with the need to protect classroom equipment, homeroom assignments and study halls shall be rotated annually among teachers on a fair and equitable basis.

High School Academic SPED Teacher: The following understanding relates just to High School Academic SPED Teachers who teach at least four (4) academic subjects (defined as either Math, English, Science, or Social Studies), three (3) of which are the same academic subject. This excludes teachers who teach in self-contained classrooms, Lindamood Bell, and Read 180 as well as Inclusion teachers.

Commencing in the second year of the collective bargaining agreement (2008-2009), the District will use its best efforts to limit the workday of these teachers to five (5) teaching periods. If a teacher in this category is assigned a sixth teaching period, he/she will be paid a daily stipend of $25 for the extra period.

The Committee will make reasonable efforts to avoid scheduling High School Academic SPED teachers to teach multiple academic subjects.

2.                   Secondary SPED Teachers excluding those referenced in E-l: Secondary resource teachers and career and technical/occupational teachers will not have more than six (6) teaching periods per day and will be assigned one (1) preparation period per day, except in emergencies. Any teacher who teaches six (6) periods per day will not be assigned homeroom duties in addition to their regular pre-school and post-school assignments.

3.                   Academic teachers in Grades 7 through 12, except resource teachers, except those high school SPED teachers referenced in Section E-l, will not be required to teach more than two (2) subjects and not more than a total of three (3) teaching preparations within said subjects at any one time.

4.                   Notwithstanding the provision of Article V, Section E-l above, the Superintendent or his designee shall specify one (1) resource teacher in the area of art at the high school level who shall teach no more than five (5) periods per day and who shall utilize one (1) period per day to perform those duties usually performed by department heads except supervision and evaluation of teachers.

F.           Exceptions to the provisions of Section D or E above may be made only if it is necessary to do so in the best interests of the educational process.

G.          Teachers are encouraged to participate in extracurricular activities. The decision to participate is voluntary on the part of the teacher.

H.          The Board of Directors of the Association will be permitted to meet after regular work hours once a month on a day of its choosing. Such personnel will not be required to attend any after school meetings scheduled by the Administration on that day, provided three days' notice (weekends and holidays excluded) is given to the Administration, stating the date and time of such meeting.

Additionally, on the first day of school, the Association will have fifteen (15) minutes before lunch to speak with its membership.

I.            Subject to the provisions of Article V, C-l, whenever the professional skills of a teacher are required by the School Department for service to a student with special needs under Chapter 766 of the General Laws, beyond the regular working day, and the period of time during which teachers are generally available for after school assistance to students, such teacher will be paid at an hourly rate to be determined by dividing his current base salary by the total number of teacher work days in the current school year and that daily rate divided by the number of hours per regular working day for the hourly rate. In all cases, required extended services must have the prior written approval of the Superintendent of Schools.

J.           Days on which two final exams are given will be one-half (1/2) days for students so that teachers at the high school level can correct the exams. Faculty meetings, department meetings, or any other meetings will not be held on days mid-term or final exams are given, except in emergencies.

K.            Team teaching assignments shall be on a voluntary basis.

L.          The School Committee's Article V, Section D-2, D-3, Section E (1-3), the Association's Article V Common Planning and Article VII Pre-K-5 Resource Teacher proposals will be referred to a study committee.

The parties agree that a contract re-opener clause will allow either party to request negotiations pertaining to these specific workload issues after the study committee has completed its deliberations. Both sides agree that the re-opener language requires negotiations but not necessarily agreement to change the current contract workload language.

M.           High School student advisory periods will be used according to the New England Association of Schools and Colleges (NEASC) guidelines.

N.            The Superintendent and Association President will each select two (2) members to serve on a committee to review the current student tardy policy, the current temporary student identification badges' policy and the current notification of parents prior to student discipline policy at each High School.

This Committee will make recommendations on ways to improve each policy. The Superintendent and Association President will meet to discuss the recommendations and time frame to implement any changes.

ARTICLE VI

CLASS SIZE

The Committee agrees to attempt to implement the following class size maxima to the extent physically feasible:

A.      Elementary Schools                                                 

Kindergarten - 3 rd Grade                                                  25

4th Grade-5th Grade                                                           27

Sixth Grade through Eighth Grade                                   30

B.       Secondary Schools                                                  

Academic Subjects                                                             30

Science Laboratories                                                          20

Shop                                                                                       20

Art                                                                                          20

Drafting                                                                                 20

Career and Technical Education                                      State Guidelines

Physical Education                                                             30

Band and Choral Instruction                                            No limit

Remedial reading, speech therapy, resource teachers - class size will be reasonable so that a teacher can manage the workload without undue problems.

C.          The School Committee and the Chicopee Education Association recognize that the innovations and experimentations in education will from time to time necessitate going beyond the limits prescribed in A. and B. of this Article. Experimental programs will not continue longer than two (2) years on an experimental basis but will either be adopted or discontinued by the Committee.

Since such innovations and experimentations are the result of the exercise of discretionary powers by the Committee, the adoption of such changes as regular education procedure shall not be subject to any proceedings under Article III of this Agreement. In the event the Committee adopts such changes, it agrees that it will enter into immediate negotiations with the Association concerning the effect of said changes on the wages, hours and working conditions of the teachers involved.

D.          The parties agree that in all schools prior to October 15 of each school year and in the high schools between the beginning of the second semester and March 1 of each school year, the above class size limitation provisions shall apply and be administered in accordance with present practice. However, after these dates the Committee may increase class size only as follows:

1.                   By only one student if that student is "main-streamed" under Chapter 766 by the Special Education Department.

2.                   By up to two students if those students move in from outside of the City or from another school's district within the City, as long as neither student is under the auspices of Chapter 766 as noted in " 1" above.

ARTICLE VII

RESOURCE TEACHERS

A.          A resource teacher is a teacher who supplements and reinforces the regular classroom teacher by providing classroom instruction in a specific area. All references to Specialists will be changed to Resource Teachers.

B.          Except as provided in Article XXIX, no one presently on the resource staff will be separated during the life of this Agreement. As vacancies arise due to retirements, resignations, non-tenure departures, and death, the question of refilling the vacancy will be determined individually as it occurs. This provision is not intended to limit the right of the School Committee to dismiss teachers in case of reduction in the number of pupils as provided under General Laws, Chapter 71, Section 42.

C.               A supply cupboard will be provided in each elementary school for all resource personnel working in that building, if feasible.

ARTICLE VIII

NON-TEACHING DUTIES

The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his energies should, to the extent possible, be utilized to this end. Therefore, they agree as follows:

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

1.                   Non-professional assignments, including but not limited to, milk distribution, and supervision of playgrounds, cafeterias, and sidewalks. It is understood, however, that when necessary to assure the health, welfare, and/or safety of pupils, a teacher may be given such assignments. In such event, these assignments will be distributed as equitably as possible.

2.                   Health services, such as administering eye or ear examinations and weighing and measuring pupils.

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

4.                    Transporting substantial quantities of books between rooms, duplicating instructional and other materials from a prepared original in elementary schools, keeping registers and non-anecdotal portion of the cumulative record cards, preparing report cards in the secondary schools, and other similar clerical functions.

5.                    Clinic Duty.

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

ARTICLE IX

TEACHER EMPLOYMENT

Nothing contained in this Article will in any way limit the authority of the Committee to hire any person it chooses. If, however, the Committee makes the decision to hire a teacher for a bargaining unit position, the following conditions will prevail:

A.          The Committee agrees to require, as a condition of continued employment, that every employee covered by this Agreement, except those employees who are certified to the Committee by the Association as being members of the Association, as of the thirtieth (30th) day after the effective date of this Agreement provision, whichever is later, to pay to the Chicopee Education Association, an agency service fee, or authorize, in accordance with G.L. Chapter 150E, Section 12, the payroll deduction in equal installments of an agency service fee which shall be commensurate with the cost of becoming a member and remaining a member in good standing of the Association and which amount shall be certified annually to the Committee by the Association.

The Committee further agrees to certify, to the Municipal Treasurer, that amount of such agency service fee, the employee authorization of the deduction of same, in accordance with G.L., Chapter 180, Section 17G.

It is specifically understood and agreed that the City of Chicopee, the Chicopee School Committee, its Officers and Agents, shall be saved harmless for such deductions under those circumstances as provided by G.L., Chapter 180, Section 17G. For the purpose of this Clause, the term "harmless" is defined as: "any monies, once transmitted by the City of Chicopee, the Chicopee School Committee and its Officers and Agents, to the Chicopee Education Association; the City of Chicopee, the Chicopee School Committee and its Officers and Agents, are no longer responsible for same."

B.      NEW EMPLOYEES

The Superintendent of Schools will place new employees on the Salary Schedule taking into consideration the following:

1.                 Degree Status.

2.                 Previous teaching experience - either public or private - provided such experience was continuous service of more than one half (1/2) of any school year.

3.                 Service in Peace Corps or Armed Forces. Any part of a year over six (6) months will constitute one (1) year for salary purposes. Limit to no more than three (3) years of military service.

4.                 New employees without previous experience will be placed on the lowest step of the Salary Schedule at the appropriate level of education, except as provided in Section C - 5 of this Article.

5.                 It is agreed that no such new teacher will receive a higher salary than any .presently employed teacher with equal experience and training except:

a)        For hiring teachers in critical shortage areas and/or subjects:

The Superintendent shall determine, based on reasonable criteria, the amount of credit which may be given for previous teaching experience, as defined in Section B-2, Peace Corps or Armed Forces service as defined in B-3, as well as related experience and professional employment in the subject field, up to a maximum of six (6) years.

The teacher will be awarded fifty percent (50%) of the credit during their first year of teaching. Upon successful completion of the first year, the remaining fifty percent (50%) of credit will be awarded in the teacher's second year,

Additionally, the teacher hired in a critical shortage area or subject is required to pass the entire Test for Educator Licensure within two (2) years of hire or revert to the appropriate salary schedule step based on public school teaching experience.

Critical Shortage areas and/or subjects will mean those Unit A positions which cannot be filled by the School System due to lack of sufficient applications by fully qualified personnel.

The Superintendent will inform, in writing, the Association's President of the reason for this action.

b)        For a position requiring special and unusual skills and training, for example, career and technical teachers.

C.          Previously accumulated unused leave days will be restored to all returning teachers who have continuously been engaged in teaching, or in administrative educational work, who have continuously been in the armed services or the Peace Corps, or who have continuously been engaged in similar activities.

D.          Career and Technical teachers - In determining the placement of career and technical teachers on the salary schedule, career and technical teachers will be given full credit for years of experience in the field said teachers are hired to teach.

1.                   Career and Technical teachers with five (5) years of experience who earn a B.A. degree shall be placed on the appropriate step in the M. A. column.

2.                   Career and Technical teachers with five (5) years of experience who earn an M. A. degree shall be placed on the appropriate step in the M + 30 column.

For the purpose of this subsection, a career and technical teacher shall be defined to include teachers in the following fields:

Career and Technical Education Programs:

1)            Automotive Technology

2)            Building and Grounds Maintenance

3)            Carpentry

4)            Culinary Arts

5)            Drafting

6)            Electricity

7)            Graphic Communications

8)            Horticulture

9)            Information Support Services and Networking

10)          Photography

11)          1 Machine Tool Technology

12)          Metal Fabrication & Joining Technologies

13)          Telecommunications

14)          Videography

ARTICLE X

TEACHER ASSIGNMENT

A.          Teachers will be notified in writing by the principal or other appropriate administrative official of their programs for the coming school year including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable. Every effort will be made to notify returning teachers of their programs not later than June 1, and every effort will be made to notify new teachers not later than July 1.

B.          Whenever practical, in order to assure that pupils are taught by teachers working within their areas of competence, every effort will be made to assign teachers within the scope of their teaching certificates and/or their major or minor fields of study.

C.          To the extent possible, changes in grade assignment in the elementary schools and in subject assignment in the secondary schools, will be voluntary.

D.          In arranging schedules for teachers who are assigned to more than one (1) school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teachers who are assigned at least two (2) schools in any school day will receive the prevailing IRS rate per mile for all inter-school driving done by them. Teachers will not receive mileage reimbursement for travel to their initial school assignment or return from their final school assignment.

E.          Teacher assignments will be made without regard to age, race, creed, color, religion, nationality, sex, marital status or sexual orientation.

ARTICLE XI

TRANSFERS

Although the Committee and the Association recognize that some transfer of teachers from one school to another is unavoidable, they also recognize that frequent transfer of teachers is sometimes disruptive of the educational process and interferes with optimum teacher performance. Therefore, they agree as follows:

A.          When a reduction in the number of teachers on a grade level or in a major or minor field of study in a school is necessary, volunteers will be considered first for transfer.

B.          When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Chicopee School System will be considered in determining which teacher is to be transferred. Teachers being involuntarily transferred will be transferred only to a position which is comparable in compensation and authority.

Any teacher who is involuntarily transferred will be notified of the reasons for the transfer in writing by the Superintendent or Assistant Superintendent. In the event that a teacher objects to the transfer, he may request a meeting with the Superintendent or Assistant Superintendent and, at his option, may have an Association representative present at this meeting.

C.          Notice of transfer will be given to teachers as soon as practicable.

D.          Exceptions to the provisions of Sections A, B, and/or C above may be made only if it is necessary to do so in the best interests of the teacher(s) and/or school(s) affected.

E.          Teachers desiring a transfer will submit a written request to the Superintendent stating the assignment preferred. Such requests must be submitted between September 1 and March 1 of each school year to be considered for the next school year. Requests must be renewed each year. All requests will be acknowledged in writing within thirty (30) days. When the decision is made to fill a staff vacancy from the in-service volunteer pool, those teachers requesting assignment to the vacant position will be given first consideration for selection. No interview is automatically required when the Committee decides to fill a vacant position from teachers in the in-service volunteer pool. However, a teacher in the pool not selected shall receive, if requested, a written explanation of why the successful applicant was selected. Vacancies created by the transfer of the selected volunteer will be filled at the Committee's discretion without need to refer to the in-service voluntary pool.

ARTICLE XII

VACANCIES AND PROMOTIONS

A.          Electronic mail (email) will be the only notification for all school system positions. Timely notice will mean as far in advance of the date the position will be filled. Access to school system e-mails will be for the entire calendar year.

B.          When an unanticipated vacancy or new position occurs during July or August, it may be filled on a temporary basis. The Committee agrees that such temporary service will not be the controlling factor for permanent appointments. Where permanent appointment is to be made, such appointment will be made in accordance with the provisions of this Agreement. In both situations, the qualifications for the position, its duties, and the rate of compensation will be clearly set forth. The qualifications set forth for a particular position will not be changed arbitrarily, capriciously, or without basis in fact when such vacancies occur in the future. Applicants will have at least seven (7) calendar days from the date the notice is posted in the school system e-mail to submit their applications, and said positions will not be filled, except on a temporary basis, until the expiration of an additional seven (7) calendar days, or until candidates who apply within the time specified have been interviewed or their application acknowledged. The Committee reserves the right to publicize any other vacancies which exist within the school system as it may deem desirable, but it agrees to post these positions as approved so that "in-service" teachers may apply.

C.          All qualified teachers will be given adequate opportunity to make application for such positions, and the Committee agrees that in making its selection it will give due weight to the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors. In filling such vacancies or new positions, first consideration will be given to qualified teachers already employed by the Committee, and each teacher applicant not selected will, upon request, receive from the Superintendent or his designee a written explanation of why the successful applicant was selected. Where a vacancy or new position is to be filled, appointments will be made wherever possible not later than sixty (60) days after the notice is posted in the schools or the giving of notification to the Association. Failure of an applicant to be selected shall not be subject to the grievance procedure, unless there has been a violation of the procedural requirements of this Article or unless the method of selection has been discriminatory as to an applicant not selected. Such grievance shall not in any event progress beyond Level Three as herein before established under Article III of this Agreement.

D.          Appointments will be made without regard to race, creed, color, religion, nationality, sex, age or marital status.

E.          When a vacancy arises in a promotional position, every reasonable effort will be made to fill said vacancy within six (6) months from the time of the vacancy occurring. If permanent appointment is not made within this six (6) month period, the Committee agrees to re-advertise the vacancy and accept new applications. These provisions will not apply when the vacancy is occasioned by long-term illness of the incumbent of said position.

F.           The procedure for applying for promotional positions will be as follows:

The Administration will interview every applicant who accepts an interview within ten (10) calendar days of filing the application for a position covered by this Article. The notice which is posted will include the data which should be submitted as part of the application. If further information is required, the administration will request it of all applicants. The administration will attempt to set up interviews at a mutually acceptable time during the period provided for interviewing in this section.

G.          All other forms that may be subsequently developed to facilitate this procedure will be subject to Superintendent, School Committee, and Chicopee Education Association approval.

ARTICLE XIII

POSITIONS IN SUMMER SCHOOL, EVENING SCHOOL,

UNDER FEDERAL PROGRAMS. AND CURRICULUM STUDY

A.          All openings for summer school, evening school positions, for positions under Federal programs, and curriculum study, will be adequately publicized, minimum of two (2) weeks' notice whenever practical, by the Superintendent, in each school building and a list of selected applicants will be posted on the bulletin board as soon as possible. Under normal circumstances, the decision as to whether or not there will be a summer school program, and/or evening school program, will be announced as soon as possible but in no event later than the first School Committee meeting in March and the first School Committee meeting in July, respectively.

B,          Positions in the Chicopee summer school and evening school and positions under Federal programs will, to the extent possible, be filled by giving consideration to regularly appointed teachers in the Chicopee School System.

C.          In filling such positions, consideration will be given to a teacher's area of competence, major and/or minor field of study, quality of teaching performance, attendance record and length of service in the Chicopee School System.

ARTICLE XIV

TEACHER EVALUATION AND PERSONNEL FILES

A.      Teacher Evaluation

1.            The purpose of the evaluation procedure is to provide a current assessment of a teacher's performance and to assist in correcting deficiencies if any exist. Evaluation will be conducted openly and with full knowledge of the teachers.

2.                Professional teacher status teachers will be evaluated every two (2) years, unless a teacher is on a remediation plan which will require annual evaluation, as provided below. Non-professional teacher status teachers will be evaluated annually. Before the evaluation, the rater must have observed the teacher for a minimum of two (2) fifteen (15) minute observations recorded on the appropriate form. The observation forms will be given to the teacher but will not be placed in the teachers' personnel file.

3.                The supervision instrument will be distributed to all staff prior to conducting any evaluation. A teacher may be placed under a remediation plan if rating(s) fall in the "unsatisfactory" category. A minimum of three (3) month remediation plan will follow. If the teacher successfully completes the plan within three (3) months, he/she will be removed from remediation and resume his/her normal placement on the evaluation cycle. If longer than three (3) months is needed, the teacher will remain in the evaluation stage of the cycle as long as the "unsatisfactory" rating remains in his/her evaluation report.

4.                Teachers will be shown a copy of any evaluation or observation reports prepared on them or their class and are to be given a copy of said reports upon request.

5.                Teachers shall acknowledge that they have been shown their evaluation report by signing said report. The teacher's signature does not necessarily indicate agreement with the contents of the report. The teacher shall have the right to make a written reply to anything written in his/her report. This reply is to be permanently attached to the evaluation report. (See Appendix B)

6.                No adverse comments shall be given to teachers by evaluators in the presence of pupils, parents, or other teachers.

7.                In the case of an unsatisfactory annual rating, the person or persons preparing the rating shall offer written constructive criticism to assist the teacher in improving his/her teaching.

8.                A Teacher Evaluation Committee will be established to update the current evaluation forms and procedures, to comply with the new DESE evaluation standards passed in March, 2011. This Committee will have equal representation of Unit A members selected by the CEA President and School System administrators selected by the Superintendent of Schools. All recommendations from this Committee will be subject to ratification by both parties. Training for evaluators will be required prior to implementation of new evaluation forms and/or procedures.

B.           Personnel Files

1.                   Teachers will have the right, upon request and at reasonable times, to review the contents of their personnel file and to make copies of such contents and records as concern his work and/or himself. A teacher will be entitled to have a representative accompany him during such review. The Association will be notified and will have the right to be present in the event the file review is for grievance purposes. Such review will be conducted in the presence of a member of the school administration.

2.                   No material derogatory to a teacher's conduct, service, character or personality will be placed in his personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he has had the 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 answer shall be reviewed by the Superintendent and attached to the file copy.

3.                   No material contained in any teacher's file will be made available to anyone other than the School Committee, the Superintendent, and agents of the administration acting in their official capacities.

C.           Any written complaints regarding a teacher made by any parent, student, or person other than an educator, to the administration will be promptly called to the attention of the immediate supervisor who will inform the teacher and discuss the matter with the teacher. Such teacher will be notified of the final disposition of the complaint.

D.           The Association recognizes the authority and responsibility of the principal for disciplining or reprimanding a teacher for delinquency of professional performance. If any disciplinary action is to be taken against a teacher, he will be entitled, at his option, to have a representative present. However, no such disciplining or reprimanding will be made in the presence of persons not members of the administration or the School Committee unless that person is chosen by the teacher to be present. The Association will be notified of each instance and may attend.

E.          No teacher will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without Just Cause.

A non-PTS teacher cannot use the just cause protection of this Section E to grieve the decision to not reappoint. However, this Section E will be used if the teacher evaluation procedures in this Article (Teacher Evaluation and Personnel Files) and Appendix B are not followed prior to the decision to not reappoint.

ARTICLE XV

TEACHER FACILITIES

A.            Each school will have the following:

1.                   Space in each classroom (e.g., closet, file cabinet, storage container, desk with lock and key) in which teachers may safely store instructional materials.

2.                   A serviceable desk and chair for the teacher in each classroom where physically practicable.

B.           To the extent possible without major renovation of existing facilities, each school will have the following:

1.                   A teacher work area containing adequate equipment and supplies to aid in the preparation of instructional materials;

2.                   An appropriately furnished room which will include a soda machine, to be reserved for the exclusive use of the teachers as a faculty lounge. To the extent possible, said room will be in addition to the aforementioned teacher work area;

3.                   A communication system so that teachers can communicate with the main building office from their classroom; and

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

5.                   The Committee will recommend that all school buildings to be designed and constructed after the effective date hereof should contain an area in each such building for a reserved teacher lunch area, as well as facilities for warming, storing, and refrigerating food for teachers' convenience.

C.            1.             An adequate portion of the parking lot at each school will be reserved for teachers' parking and when necessary said parking lot will be plowed as promptly as possible.

2.             Teachers will be permitted to use the office telephones to make urgent calls as determined by the principal, but permission will not be unreasonably withheld. The president and members of the Board of Directors of the Association will be permitted reasonable use of the school telephone for official Association business, provided:

(a)                The Association will pay the cost of all toll calls.

(b)                No officer of the Association authorized hereunder will be permitted to interrupt a class to make such calls, but he will be permitted to leave a non-teaching assignment to receive any incoming calls concerning Association business; except where such officer is the sole teacher on duty in the study hall.

(c)                 The President of the Association will have no duties other than his teaching assignment.

ARTICLE XVI

USE OF SCHOOL FACILITIES

A.           The Association will have the right to use school buildings for meetings, and the school system swimming pools and other athletic facilities and equipment, without cost at reasonable times; provided, however, that any additional service costs necessitated by such use shall be paid for by the Association. Request for such use will be made in accordance with established Committee policies.

B.           1.              The Association will have the right to place notices, circulars and other material in teachers' mail boxes. Copies of all such material will be given to the Superintendent or his designee, but his advance approval will not be required.

2.             The Association will have the right to place notices, circulars and other material on bulletin boards located in the aforementioned faculty lounges or in other appropriately private areas. Copies of all such material will be given to the Superintendent or his designee for approval. Said approval will be granted unless the material in question is not in good taste.

ARTICLE XVII

SICK LEAVE

A.                           Sick leave is interpreted as meaning leave with pay for sickness or accident, the nature of which incapacitates the beneficiary from performing the duties of this position, except where appearing in Article XVIII.

B.           1.            Teachers will be entitled to fifteen (15) sick leave days each school year. Those teachers new to the system who commence employment during the school year shall be entitled to sick leave on a pro-rata basis only. Any teacher who terminates employment during the first year of employment shall reimburse the School Committee for all sick leave benefits taken in excess of one and one half (1-1/2) days per month of employment.

2.             Sick leave days may be accumulated from year to year with no maximum. The record of each teacher in the system on the effective date of this Agreement will be credited with the sick leave days he would have been entitled to had this provision been in effect from the time of his original hiring, less any days used for sick leave or other leaves chargeable to sick leave. This provision shall not apply so as to require payments for any uncompensated absence due to illness or other uncompensated absences occurring prior to the effective date of this Agreement.

C.                          If a teacher uses five (5) or more consecutive days of sick leave, the Superintendent may require from said teacher a certificate of disability signed by his physician. In cases which would appear to indicate extended absence (2 weeks or more) the Superintendent must be notified in writing by the teacher or someone on his behalf indicating the probable extent and duration of the illness or disability. If a teacher uses less than five (5) consecutive days of sick leave, the Superintendent may require such a certificate of disability only if he has reasonable grounds to believe that sick leave is being abused or is excessive.

D.                          The Superintendent may require a teacher to submit to physical or mental examination by appropriate specialists to determine whether involuntary sick leave is warranted. Such request examinations will be at the Committee's expense and will take place in the presence of the teacher's physician, at his own expense, if he so desires. All matters related to this section will be treated in a confidential manner.

E.                           The Office of the Superintendent will be responsible for providing each teacher during the month of September of each year with a written statement delivered to his school stating how many sick and personal leave days have been used, how many are available, and the formula used for computing this amount.

F.                           Upon termination of an employee with at least twenty (20) years of service in the Chicopee Public School System by retirement, voluntary separation, or death, the Committee will pay to the terminated employee or his personal representative, the following:

Ten ($10) dollars per day for the first one hundred twenty-five (125) accumulated sick days and twenty percent (20%) of his/her per diem rate for each sick day in excess of one hundred twenty-five (125) accumulated sick days to a maximum amount of ten thousand dollars ($10,000).

For purposes of above calculations, unused personal days will be included.

An employee who notifies, in writing, the School System on or before March 1 can select his/her retirement date for payment or the new calendar year (January 1) date for payment. An employee who notifies, in writing, the School System after March 1 or fails to notify will receive his/her payment in the new calendar year (January 1).

G.      "Sick Leave Bank." A Sick Leave Bank for the purpose of providing additional financial coverage after exhaustion of an employee's annual and/or accumulated sick leave is established exclusively for the use of the members of this bargaining unit. The Sick Bank provides financial assistance only to an employee faced with a debilitating and catastrophic illness or disease. The employee is also required to submit medical documentation at the time of application to the Sick Leave Bank Committee. The Sick Bank will not provide financial assistance for rehabilitation periods or voluntary medical conditions or procedures. New members of the bargaining unit will be assessed one (1) day of their annual and/or accumulated sick leave as of the date they enter the unit. Said days will be "deposited" in the Bank. Unused days in the Bank will carry over from year to year. When the number of days in the Bank reach the level of two hundred (200) days or less, each employee in the bargaining unit will be assessed one (1) day of his or her annual and/or accumulated sick leave as of the first day of the next calendar month. Said days will be "deposited" in the Bank. In the event an employee has no accumulated and/or annual sick leave at the time of said assessment, that teacher will be assessed the amount of days owed to the Bank on the following November 1.

Subject to the provisions of this Article each employee may, following a ten (10) school days waiting period, be granted by the Bank Committee up to thirty (30) school days from the Bank. If days are granted, the employee cannot apply again until two (2) years from the last issued Bank day. If days are granted, they will also apply retroactively to the days within the waiting period which meet the definition of Bank days as defined in paragraph one of this Article.

The Sick Leave Bank Committee made up of three (3) appointees of the Association will administer the Sick Leave Bank. The Sick Leave Bank Committee shall have the power to establish procedural and functional guidelines for the operation of the Sick Leave Bank consistent with this Article. All decisions by the Sick Leave Bank Committee will be by two (2) affirmative votes and all decisions by the Sick Leave Bank Committee will be final and binding and not subject to grievance and/or arbitration. All employees will contribute to the Sick Bank and the use of these days is a privilege, not a right.

ARTICLE XVIII

TEMPORARY LEAVES OF ABSENCE

A.                          Teachers will be entitled to the following temporary leaves of absence with pay each school year:

1.                   A total of one (1) day's leave of absence for personal, legal, business, household, or family matters which cannot be taken care of other than during school hours; provided, however, that a leave of absence under this section shall not be taken on the day preceding or following a holiday or vacation, unless the teacher demonstrates that it is an emergency situation, and provided that, except in emergency situations, advance application is made to the Superintendent. If said day is not used in any particular school year, it or the unused portion thereof may be accumulated from year to year. Personal leave must be taken in the following: 1/2 or 1 full day. If an employee desires to take more than three (3) personal days consecutively, a written request must be made giving the reasons for such leave.

2.                   With the advance approval of the Superintendent, at least one (1) day for the purpose of visiting other schools or attending meetings or conferences of an educational nature.

3.                   Time necessary for Association representatives to attend Massachusetts Teachers Association and/or National Education Association educational improvement conferences or conventions. The names of all representatives will be submitted to the Superintendent for his approval as soon as practical and under normal circumstances not later than two (2) weeks prior to the date of the conference or convention.

4.                   Time necessary for Jury Duty or appearances in any legal proceeding where the teacher is under court summons, subpoena, or the like, connected with the teacher's employment or with the School System.

5.              (a)        Up to three (3) days when such absence is occasioned by the death of a sister-in-law, daughter-in-law, son-in-law, brother-in-law, uncle, aunt, nephew, niece, grandfather, grandmother, grandchild, whose place of residence was elsewhere than in the home of the teacher. In no case will funeral leave, having begun before Christmas, Winter, and Spring vacations be continued after these vacations.

(b)                 Up to five (5) days in succession when such absence is occasioned by the death of relatives residing in the household of or with the teacher, or when such absence is occasioned by the death of a father, mother, son, daughter, brother, sister, father-in-law, or mother-in-law, whose residence was elsewhere than in the home of the teacher. In no case will funeral leave, having begun before the Christmas, Winter, and Spring vacations be continued after these vacations.

(c)                 Appropriate release time of not more than one (1) day per year non-accumulative may be granted for attending funerals of close friends, cousins, or co-workers. Such released time will not be charged against the teacher's accumulated sick leave or personal leave. If additional days are needed, they will be charged to personal days. Written application for such absences will be made in advance to the school principal and will require advance approval of the Superintendent. Application for such absences will be made in advance orally to the school principal or, if the individual is not responsible to a school principal, then to his immediate supervisor, and written notice of such absence shall be delivered by the teacher to the Superintendent within three (3) days of date of such absence.

6.               A maximum of seventeen (17) days per school year for persons called into temporary active duty or any unit of the United States Reserves of the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session.

7.                         Up to three (3) days for religious observance if said observance prohibits the teacher from working on said day. If, however, observance of a closely held religious belief requires additional accommodation, the employee may seek such an accommodation by application to the Superintendent or the Superintendent's designee.

8.                         Five (5) days for illness or accident of spouse, child, parent, mother-in-law, father-in-law, and others residing in the household of the teacher with substantiation in the form of a doctor's certificate and such leave to be deducted from sick leave.

B.          Leaves taken pursuant to Section A above (except Section A, paragraph 5-C) will be in addition to any sick leave to which the teacher is entitled. Except in those circumstances where an accommodation or leave is required by law or regulation, the parties acknowledge that most leave requests made by a first-year teacher during the first half of the school year will not be granted absent an emergency.

ARTICLE XIX

EXTENDED LEAVES OF ABSENCE

A.          A leave of absence without pay or increment of up to one (1) year will be granted to up to two (2) teachers for the purpose of engaging in full-time work for the Massachusetts Teachers Association and/or the National Education Association.

B.          A leave of absence without pay of up to two (2) years will be granted to any tenure teacher who joins the Peace Corps or serves as an exchange teacher, and is a full-time participant in either of such programs. Upon return from such leave, a teacher will be considered as if he were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent.

C.          Military leaves without pay will be granted to any teacher who is inducted, activated or enlists in any branch of the Armed Forces of the United States Leave benefits, rights and job restoration shall be consistent with state and federal laws which generally provide for up to five (5) years of leave. In addition, leave, benefits and job restoration rights shall be consistent with any relevant state or local laws or regulations as well as the Unit A contract.

D.          All female employees in the bargaining unit may be granted leave consistent with the Massachusetts Maternity Leave Act; and, if eligible, with the Family and Medical Leave Act (FMLA). Upon written application to the School Committee, an employee may request and will receive an additional leave of absence which shall not exceed one (1) year after the birth or the termination of the pregnancy. Any employee taking leave for a pregnancy-related disability will be eligible to use accumulated sick leave in accordance with the terms of the Sick Leave Article (Article XVII).

During the first eight (8) weeks or 12 weeks, if FMLA applies, of leave following the birth or adoption of a child, the employee is permitted but is not required to use the employee's accumulated sick leave upon furnishing a doctor's note demonstrating that the employee is incapable of doing the job. Any leave granted under this provision shall run concurrently with any leave entitlements under the Family and Medical Leave Act.

Notwithstanding the foregoing, no maternity leave period of more than 8 weeks long shall terminate during the last fifty (50) days of any school year, except as the School Committee, in its discretion, may permit. No maternity leave shall commence except upon at least twenty (20) days notice from the teacher to the Superintendent (or designee) unless waived by the Superintendent in any appropriate circumstances.

E.          A leave of absence without pay or increment of up to one (1) year will be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Committee.

F.          The Committee may grant a leave of absence without pay or increment to any teacher for up to one (1) year to campaign for public office. Any teacher who is elected to public office will be granted a leave of absence without pay or increment for the term of said office.

G.          After five (5) years continuous employment in the Chicopee School System, a teacher may be granted a leave of absence, without pay, for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

H.          Any teacher whose personal illness extends beyond the period compensated may be granted a leave of absence without pay for such time as is necessary for complete recovery from such illness.

I.             Other leaves of absence without pay may be granted by the Committee.

J.         All benefits to which the teacher was entitled at the time his leave of absence commenced, including unused accumulated sick leave, will be restored to him upon his return, and he will be assigned to the same position which he held at the time said leave commenced, if available, or, if not, to a substantially equivalent position, provided, however, that if during the period of leave a layoff or other position elimination or reorganization occurs which would have affected the employee on leave, nothing in this Article should be interpreted as providing enhanced job protection.

K.      All written requests for extensions or renewals of leaves will be applied for, and, if approved, will be granted in writing. Extension of a leave of absence shall not exceed one (1) calendar year.

L.       Leave for one (1) year to explore career alternatives may be granted by the Committee upon application. An employee on such leave will not accrue seniority or other benefits while on leave and will pay 100% of the cost of Group Health Insurance Coverage while on leave, if such employee desires to continue in group plan. An employee who returns from such leave will return with the benefits that employee had at the time they began leave.

M.      Leaves under the provisions of this Agreement which are eligible for coverage under the Family and Medical Leave Act (FMLA) shall run concurrently with and not in addition to any FMLA leave.

ARTICLE XX

SABBATICAL LEAVE

Upon recommendation by the Superintendent of Schools, sabbatical leaves may be granted for study or travel to a member of the teaching staff by the Committee subject to the following conditions:

A.          No more than three (3) percent of eligible teaching staff will be absent on sabbatical leave at any one time.

B.          Requests for sabbatical leave must be received by the Superintendent of Schools in writing in such form as may be required by the Superintendent no later than December 31, and action must be taken on all requests no later than April 1 of the school year preceding the school year for which the sabbatical leave is requested.

C.          The teacher has completed at least seven (7) consecutive full years of service in the Chicopee School System.

D.          Teachers on sabbatical leave will be paid at one-half (1/2) of their regular salary rate, if they have served less than twelve (12) years in the Chicopee Public Schools and 75% of said salary rate if they have served twelve years or more in the Chicopee Public Schools.

E.          The teacher will agree to return to employment in the Chicopee School System for one (1) full year in the event of a semester's leave or two (2) full years in the event of a full year's leave.

F.           Prior to the granting of a sabbatical leave, a teacher shall enter into written agreement with the School Committee that upon termination of such leave, he will return to service in the Chicopee School System for a period equal to twice the length of the leave and that, in default of completing such service, he shall refund to the City of Chicopee an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered, except in the case of the teacher's death or permanent disability.

ARTICLE XXI

SUBSTITUTE TEACHERS & STUDENT TEACHERS

A.          Positions which will be vacant for at least one-half of the school year (one half of the school year means at least five months) will, to the extent possible, be filled by personnel who have met the State certification requirements. After thirty (30), but less than (90) consecutive days in the same position, a substitute teacher will be paid at the first step of the applicable salary rate for that teacher's degree status. After ninety (90) consecutive days in the same position, a substitute teacher will assume permanent substitute status and will be given all the benefits which accrue to a regularly appointed teacher, except seniority and the provisions of the Reduction in Staff Article.

B.          In those cases where regular substitutes are not available and a regular teacher voluntarily agrees to serve as a substitute during his non-teaching time, said arrangements will be made by the principal of the school, and teachers will be limited to one (1) period of substitution per day. It is agreed that before the administration assigns a teacher to serve as a substitute the following conditions must be met: (1) Volunteers must be sought first.

(2)   The reason for assigning a teacher as a substitute for a period is that a teacher has left during the day or a substitute is not available. When a teacher is absent for a whole day and so notifies the Administration, every effort will be made to provide a substitute. The rate will be $25.00 when a teacher is assigned coverage during a planning or preparation period. Additionally, when a teacher substitutes for a principal for all or part of a day, the rate will be $65.00 per day. When a teacher substitutes for an administrator other than the principal for all or part of a day the rate will be $45.00.

C.          The School Committee agrees that the Student Teaching Policy in Secondary Schools dated May 1973, and the Student Teaching Policy in the Elementary Schools dated April 1973, will be guidelines to be used during the life of this Agreement until revised by the School Committee.

ARTICLE XXII

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

A.          The Committee will pay one-half (1/2) of the cost of tuition for in-service courses or courses at accredited colleges, universities, or professional training schools which are taken at the request of the Superintendent of Schools. Excluded from the provisions of this Section are those courses required for a teacher to obtain certification.

B.          The Committee will pay the reasonable expenses (including fees, meals, lodging, and/or transportation) incurred by teachers who are required to attend workshops, seminars, conferences, or other professional improvement sessions at the request and/or with advance approval of their principal or immediate superior, and of the Superintendent, and subject to final approval by the Committee.

C.          There will be professional development committee comprised of seven (7) Unit A members selected by the Association.

There will be two (2) representatives from the elementary, middle and high school levels. The other representative will be the CEA President or his/her designee.

This committee will submit professional development recommendations to the Superintendent and Assistant Superintendent for Accountability and Instruction in the Spring of each year.

ARTICLE XXIII

PROTECTION

A.          Teachers will immediately report all cases of assault allegedly suffered by them or allegedly committed by them in connection with their employment to the Superintendent of Schools in writing. If any teacher is threatened, or suffers physical abuse by any student, or is made the target of serious insult or profane utterance, then he should make a prompt report to the principal's office of such an occurrence, followed by a brief written statement as soon thereafter as is practicable, of the event in question.

B.          This report will be forwarded to the Committee (or its designee), which will comply with any reasonable request from the teacher for information in its possession relating to the incident or the persons involved, and will act in appropriate ways as liaison between the teacher, the police, and the courts.

C.          So far as permitted by Chapter 258 of the General Laws of the Commonwealth as amended, the Committee will provide indemnification whenever any teacher will become eligible therefore.

ARTICLE XXIV

PERSONAL INJURY BENEFITS

A.          Whenever a teacher is absent from school as a result of personal injury arising out of and in the course of his employment, he will be paid his full salary (less the amount of any workman's compensation award for temporary disability due to said injury) for the period of such absence. Such absence will be charged to his annual or accumulated sick leave in accordance with the provisions of Chapter 152 § 69 of the General Laws of the Commonwealth.

The obligation to pay compensation to such teacher during such absence as outlined above ceases upon the teacher's usage of all of his or her annual or accumulated sick leave.

B.          The Committee will reimburse teachers for:

1.                   Any clothing or other personal property damaged or destroyed (less the amount of any insurance reimbursement) as a result of an assault or battery suffered in the course of his employment; and

2.                   The cost of medical, surgical or hospital services (less the amount of any insurance reimbursement) incurred as the result of any injury sustained in the course of his employment.

The foregoing will apply only to situations in which the teacher is not guilty of contributory negligence.

ARTICLE XXV

INSURANCE AND ANNUITY PLAN

A.          Fifty percent (50%) of the cost of the following types of insurance coverage's will be paid by the City of Chicopee for each teacher for the following coverage:

1.                   Term life insurance plan of the type presently available to teachers.

2.                   Medical and hospitalization insurance of the type presently available to teachers for individual or family coverage, whichever applies in the particular case.

B.          The Committee will recommend to the appropriate lawmaking body of the City of Chicopee that the City pay for the professional employees of the Chicopee School System the maximum percentage permitted by law of the cost for the previous insurance plans.

C.          Teachers will be eligible to participate in a "tax-sheltered" annuity plan established pursuant to applicable state and federal laws.

D.          The School Committee will, to the extent permitted under the health insurance policy provided by the City of Chicopee and to the extent that it may do so without cost to it, permit the entitlement of one (1) of any two (2) teachers belonging to a single family unit and covered under the same policy, at his or her option, to be applied toward the cost of said policy.

ARTICLE XXVI

TEXTBOOKS AND CURRICULUM

A.          The Committee agrees that it will make every effort to provide sufficient textbooks to insure that each pupil in a classroom has such textbooks for his own use as are educationally appropriate. Notice of apparent shortages may be made to the Administration, and subject to available funds, will be promptly eliminated.

B.          Nothing in this Article shall prejudice a teacher to provide comment or input to the sub­ committee of the School Committee which deals with curriculum or the like. Nothing in this Article shall further prevent the School Committee from requesting, on a volunteer basis, teachers to make studies of and recommendations on curriculum matters.

C.          It is further understood by the parties that should the Committee seek individuals to make recommendations on or make studies of curriculum or the like, then the Association can have up to two (2) persons present at such meetings, so long as it does not interfere with a teacher's work duties and is at no cost to the Committee.

D.          Whenever such a Committee is sought, then the Association will be included in all correspondence pertaining to the formation of such a Committee.

ARTICLE XXVII

PROFESSIONAL BEHAVIOR AND RESPONSIBILITY

A.          The Committee and the Association recognize that abuses of sick leave or other leaves, chronic tardiness or absence, willful deficiencies in professional performance, or other violations of discipline by a teacher reflect adversely upon the teaching profession and create undesirable conditions in the school building. Each teacher recognizes the Code of Ethics of the Education Profession as defining acceptable behavior. Breaches of discipline or the Code of Ethics shall be promptly reported to the offending teacher and to the Association. The Association will use its best efforts to correct breaches of professional behavior by any teacher and, in appropriate cases, may institute proceedings against the offending teacher under the Code of Ethics.

B.          The Committee and the Association acknowledge that the primary responsibility of a teacher is to instruct to the best of the teacher's ability. Employment of a teacher by any person or firm other than the City of Chicopee is permissible to the extent that such employment in no way conflicts with the teacher's regularly scheduled hours of municipal employment, or impairs the performance of the teacher's regularly assigned duties. Self-employment shall be considered subject to the provisions of this Article. Violations of any of the terms of this Agreement or of any other statutory or policy obligation of a teacher directly attributable to such employment will be considered cause for such action as the Committee is authorized to take under the provisions of General Laws, Chapter 71, as amended. The teacher will have all rights and remedies authorized under the forgoing provisions of law.

ARTICLE XXVIII

GENERAL

A.          There will be no reprisals of any kind taken against any teacher by reason of his membership or non-membership in the Association or participation or non-participation in its activities.

B.          Teachers will be entitled to full rights of citizenship, and 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 such teacher; provided, however, that said activity does not interfere with the performance of his assigned teaching duties and does not violate any State or Federal statute.

C.          The Association will be provided with one (1) copy of the minutes of official open Committee meetings as soon as such minutes have been approved by the Committee and one (1) copy of all approved attached documents. The Committee will be provided with one (1) copy of the minutes of official open Association meetings as soon as such minutes have been approved by the Association and one (1) copy of all approved attached documents.

D.          If any provision of this 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 will continue in full force and effect.

E.          Teachers will not divulge official information acquired as a result of their employment or permit others to make use of such information for private purposes, where such information is not available to the general public.

F.           Teachers will be prohibited from making use of school facilities, equipment or supplies for any purpose not directly connected with established educational programs except as here-in-before provided.

G.          The Committee and the Association agree that there will be no discrimination in the hiring of employees or in their training, assignment, promotion, transfer, or discipline because of age, creed, color, sex, sexual orientation, religion, or national origin.

H.      A teacher will notify the Superintendent of Schools no later than fourteen (14) days prior to resigning from the Chicopee School System.

ARTICLE XXIX

REDUCTION IN STAFF

A.          In the event it becomes necessary to reduce the number of Professional Teacher Status (PTS) teachers included in the bargaining unit, PTS teachers will be separated in accordance with the following principles:

1.          The subject area to be affected by the reduction will be identified; and/or

2.                   The grade level to be affected by the reduction will be identified; then

3.                   Employees with the greater seniority will be retained; and

4.                   Persons not serving at discretion (Non Professional Teacher Status) will be released first.

B.          A PTS teacher who is to be separated shall have the following options:

1.                   Accept the separation.

2.                   Transfer to an open position (a position which is new, vacant, or currently filled by a substitute) for which he/she is qualified or can demonstrate he/she can become qualified by the effective date of said separation.

3.                   Replace an employee with the lowest seniority anywhere within the school system in an area in which the separated employee is qualified and possessed of a sufficient degree of experience.

4.                   "Qualified" means that the PTS teacher has on file with the Office of the Superintendent evidence that he/she possesses the necessary qualifications or can obtain said qualifications by the effective date of his/her lay-off.

C.          "Seniority" shall mean a teacher's length of service in years, months and days in the bargaining unit. Effective September 1, 1988, this service shall be calculated from the first day the teacher reported to work in Chicopee, exclusive of service as an intermittent substitute or permanent substitute. Teachers shall continue to accrue seniority during any leave of absence authorized under the terms of this contract, except that such seniority shall cease to accrue if:

1.            The leave is extended beyond its original term. This provision shall not apply to leaves granted for reasons of health and/or disability.

2.        Another leave is granted for the same purpose.

D.          Voluntary resignations shall serve to forfeit all previously accrued seniority.

E.          If a PTS teacher retrains into another discipline at his own expense after his separation, he/she may apply to be considered for any opening which may occur in his/her new discipline. He/she will be given first consideration for recall after all other employees with greater seniority (if any) who have been separated from that new discipline have been recalled to active service.

F.           In cases involving PTS teachers who have identical seniority, preference for retention or recall shall be given to the tenured teacher who has achieved the highest level of training or education.

G.          PTS teachers who are to be affected by a reduction-in-staff must be notified in writing no later than June 15 of the school year preceding the year in which the reduction will take effect. Except that when such reduction is due to a decrease in the number of pupils, said notice shall include the specific reasons for lay-off. The teacher may be notified after said date, but must be notified as soon as practicable after the School Committee learns of such decrease.

H.      PTS teachers who have been so separated shall be entitled to recall rights for a period of two (2) years from the effective date of their respective separation as defined above. During the recall period PTS teachers shall be notified by certified mail to their latest address of record, and given preference for positions as they become available to a PTS teacher in accordance with Section B of this Article, and all benefits to which a PTS teacher was entitled at the time of such separation shall be restored in full upon re­employment within the recall period. During the recall period PTS teachers who have been so separated shall be given preference on the substitute list if they so desire.

I.            Services normally performed by a person(s) who has been so separated shall not be performed by anyone who is not a member of the bargaining unit.

J.           Separated employees may continue group health and life insurance coverage during the recall period as provided by the Committee to members of the bargaining unit by reimbursing the Committee for premium cost if the insurer permits.

K.          While members of the bargaining unit continue on lay-off, the Committee agrees not to hire any new teachers unless:

1.                   No PTS teacher on lay-off is qualified to fill a position, nor could become qualified with re-training at the tenured teacher's expense, and

2.                   All qualified PTS teachers on lay-off who are qualified to fill the position declined an offer to fill the vacancy.

L.       A list specifying the seniority of each member of the bargaining unit shall be prepared by the Committee and forwarded to the President of the Association within thirty (30) days following the execution of this Agreement. An updated "Seniority List" shall be supplied by the Committee annually thereafter. (The word "separated" as used in this Article XXIX and in other areas of the contract as Article XVII shall be understood to mean and shall be synonymous with the term "laid-off'.)

M.         Supervisory employees as defined in the Recognition Clause of Unit B and excluded by virtue of the Recognition Clause of Unit A, who are laid-off due to lack of work, financial constraints, reduction in the pupil enrollment, or abolishment of positions will have their seniority in the Chicopee System as follows:

1.                   Present Unit B employees, who are employed in a supervisor capacity prior to 1976, will have seniority for bumping purposes in unit A for all service in the Chicopee School System up to 1976.

2.                   Unit B employees previously employed in Unit A, who are employed in a supervisory capacity after 1976, will have their seniority, for bumping purposes in Unit A, based on their service up to the date of employment in such supervisory capacity.

3.                   Employees from Unit A, who accept employment in Unit B, will retain their seniority non-accruing in Unit A for a period of one (1) year; after one (1) year, they will lose their right to return to Unit A of their own volition.

4.                   When employees are laid-off from Unit B due to lack of work, financial constraints, reduction in the pupil enrollment, or abolishment of positions, they will always be able to exercise their system-wide seniority to bump a non-tenured employee in the area of the supervisor's certification.

N.          Permanent substitutes will not be covered by the provisions of this Reduction in Staff Article. A permanent substitute is defined in Article XXI (SUBSTITUTE TEACHERS AND STUDENT TEACHERS).

ARTICLE XXX

ASSOCIATION DUES

A.          The Committee agrees to continue to deduct Association dues in accordance with General Laws, Chapter 180, Section 17C.

B.          Deduction will also be authorized for either CEA or MTA Credit Union.

ARTICLE XXXI

NO STRIKE

The Association agrees that for the duration of this Agreement it shall not engage in a strike, nor shall it induce, encourage, or condone any strike, work stoppage, slowdown or withholding of service.

Nor shall there be any strike or interruption of work during the term of this Agreement because of any disputes or disagreements between any other persons or other employers, unions or associations who are not signatory parties to this Agreement.

Employees who violate this provision shall be subject to disciplinary action, including discharge for just cause.

If the School Committee claims the Association has violated any provision of this Article, it may present such claim to the Association for a meeting between the School Committee's representatives and the Association or its representatives to take place within five (5) calendar days. Upon conclusion of the meeting, the Association will provide the School Committee with its written decision within five (5) calendar days. If the claim is not resolved, the School Committee may submit the dispute to arbitration under the procedure described in Article III, Grievance Procedure of this Agreement.

ARTICLE XXXII

AUTOMOBILE VANDALISM

The School Committee will, upon receipt of a documented claim and evidence of an insurance company payment, contribute a maximum of $500 to offset the deductible costs incurred by the teacher. The documentation must establish the vandalism act occurred while the teacher was on-the-job, executing the assigned duties of his/her job and the vehicle was repaired.

ARTICLE XXXIII

STUDENT ASSISTANCE TEAM

There will be a Student Assistance Team Committee created by the parties. This Committee will prepare recommendations to assist teachers with chronic disruptive students. Chronic disruptive students are defined as those students who continuously impede the progress of learning in an educational setting.

The Student Assistance Team Committee composition will be five (5) Unit A members selected by the CEA President and five (5) School System administrators selected by the Superintendent. Their work will begin no later than thirty (30) days after the 2007-2010 Unit A contract is executed, and a written report will be submitted to the CEA President and Superintendent no later than one hundred twenty (120) days after their initial meeting.

ARTICLE XXXIV

MUTUAL RESPECT

The School District and the Association agree that mutual respect between and among Central Office administration, managers, directors, principals, vice-principals, coordinators, supervisors, teachers, secretaries, clerks, paraprofessionals, other employees and co-workers is integral to the efficient conduct of the School District's business. Behaviors that contribute to a hostile, humiliating or intimidating work environment, including abusive language or behavior, are unacceptable and will not be tolerated. Employees who believe they are subject to such behavior should raise their concerns with an appropriate manager, supervisor or principal as soon as possible, but no later than ninety (90) days from the occurrence of the incident(s). In the event the employee(s) concerns are not addressed at the manager, supervisor or principal's level, whether informally or through the grievance procedure, within a reasonable period of time, the employee or the Association may file a grievance at Step 2 of the grievance procedure as set forth in Article III. If an employee or the Association requests a hearing at Step 2, such hearing shall be granted. Grievances filed under this section shall not be subject to the arbitration provisions set forth in Article III. No employee shall be subject to discrimination for filing a complaint, giving a statement, or otherwise participating in the administration of this process. An alleged violation of this Article may be grieved, but it may not proceed beyond the Superintendent of Schools.

ARTICLE XXXV

DURATION

This Agreement shall continue in full force and effect from August_____________ , 2011 through August _____________, 2014. Collective bargaining for a new Agreement, to become effective upon the expiration of this Agreement, may be initiated by either party by November 1, 2013 by giving written notice to the other party. If negotiations are not completed by August _____________, 2014 the provisions of this Agreement will remain in full force and effect until said successor agreement is executed. Providing, however, either party can terminate this Agreement after August_____________, 2014 by filing written notice of their intention to terminate the Agreement. Said written notice must be served at least forty-five (45) calendar days prior to the actual termination. The actual termination shall be no earlier than October 15, 2014.

CHICOPEE SCHOOL COMMITTEE

Date: __________________________                By: _______________________________________

Duly authorized

CHICOPEE EDUCATION ASSOCIATION  

Date: __________________________                By: _______________________________________

Duly authorized

CHICOPEE CITY SOLICITOR

Date: __________________________                By: _______________________________________

Duly authorized

CHICOPEE EDUCATION ASSOCIATION

APPENDIX A

*Effective August 25, 2011 - August 25, 2012

Step

Bachelors

Masters

Masters + 15

Masters + 30

2M /CAGS

0

41,218

43,895

44,825

46,982

48,797

1

42,318

45,514

46,468

48,629

50,357

2

43,801

47,108

48,016

50,112

51,931

3

46,064

49,315

50,221

52,429

54,243

4

48,030

51,309

52,221

54,835

56,668

5

49,956

53,246

54,155

56,729

58,567

6

52,627

55,688

56,553

59,371

61,192

7

55,240

58,571

59,440

61,560

63,371

8

57,852

61,453

62,321

64,232

66,045

9

58,420

64,339

65,199

66,900

68,720

10

 

64,969

65,838

67,558

69,394

"Unit A members will remain on the same salary schedule step as in 2010-2011. Each step will be increased by $1,294

Effective August 25, 2012 - August 25, 2013 -1% Increase

Step

Bachelors

Masters

Masters + 15

Masters + 30

2M /CAGS

0

41,630

44,334

45,273

47,452

49,285

1

42,741

45,969

46,933

49,115

50,861

2

44,239

47,579

48,496

50,613

52,450

3

46,525

49,808

50,723

52,953

54,785

4

48,510

51,822

52,743

55,383

57,235

5

50,456

53,778

54,697

57,296

59,153

6

53,153

56,245

57,119

59,965

61,804

7

55,792

59,157

60,034

62,176

64,005

8

58,431

62,068

62,944

64,874

66,705

9

59,004

64,982

65,851

67,569

69,407

10

 

65,619

66,496

68,234

70,088

Effective August 25, 2013-August 25, 2014 -1% Increase

Step

Bachelors

Masters

Masters + 15

Masters + 30

2M /CAGS

0

42,046

44,777

45,726

47,926

49,778

1

43,169

46,429

47,402

49,606

51,369

2

44,681

48,055

48,981

51,119

52,975

3

46,990

50,306

51,230

53,483

55,333

4

48,995

52,340

53,271

55,937

57,807

5

50,960

54,316

55,244

57,869

59,744

6

53,685

56,807

57,690

60,564

62,422

7

56,350

59,748

60,635

62,797

64,645

8

59,015

62,688

63,574

65,523

67,373

9

59,594

65,632

66,509

68,245

70,101

10

 

66,275

67,161

68,916

70,789

Speech and Language Pathologists Assistants - Salary Schedules

2011-2012

(185 days)

$39,832.28

2012-2013

(185 days)

$40,230.60

2013-2014

(185 days)

$40,632.91

Present policy as to anniversary dates for increments will be continued for the term of this Agreement.

Teachers with continuous service, meeting all the requirements for maximum salary may be transferred to another category on the anniversary of their completion of 25 years of service in the Chicopee Public Schools upon the recommendation of the Superintendent and the approval of the Committee. Each teacher is responsible for notification to the Superintendent or his/her designee in writing upon attainment of the necessary years of service to qualify for this transfer.

When such a transfer is approved by the School Committee, tenure teachers in service on the effective date of this contract will move from the Master's Scale to the Master's plus 30 Semester Hour Scale, and tenure teachers on the Master's plus 30 Scale will be eligible to advance to the 2M/CAGS column, when such teachers are otherwise eligible after 25 years of service. A teacher with 30 or more years of service on the maximum step of the 2M/CAGS column shall receive an adjustment of $1,132 upon recommendation of the Superintendent of

Schools and the approval of the School Committee. Effective 8/ ______ /11 and 8/______ /12 and 8/______13 this adjustment will be $1,143 and $1,155 and $1,166 respectively. Teachers new to the system on or after the effective date of this contract, and teachers not on tenure on that date will, when approved by the School Committee, transfer to the next higher scale when otherwise eligible after 25 years of service.

Definitions

The terms used in the above Schedule will be interpreted and applied in accordance with the following definition:

Bachelor's Degree:

A Baccalaureate Degree earned at an accredited college or university.

Master's Degree or Five Year's Professional Training

A Master's Degree earned at an accredited college or university; or thirty (30) hours in a program approved by the Superintendent; or five (5) years of full-time study at an accredited college or university.

Master's Degree plus 30 Semester Hours:

A Master's Degree plus the completion of 30 credits beyond the Master's Degree in graduate studies at one (1) or more accredited colleges or universities; or a "Sixth Year Certificate" from an accredited college or university; or thirty (30) hours beyond the qualifications for Master's status in a program approved by the Superintendent.

Two Masters or a CAGS:

A Master's Degree in each of two (2) separate disciplines or a Certificate of Advanced Graduate Studies (CAGS) earned at an accredited college or university with at least fifty (50) credits beyond the BA degree or twenty-five (25) credits beyond the MA Degree.

COURSE ACQUIREMENT RULES

1.                   Course content must have received prior approval by the Superintendent before matriculating. Approval is discretionary.

2.                   Courses must be of a graduate level, related to the teacher's major or minor field of study. Waivers of this requirement may be granted by the Superintendent for good cause shown.

3.                   No excess undergraduate credits will be eligible for any placement.

4.                   For purpose of placement on 2M/CAGS, the Superintendent may grant equivalency credit for similar attainments such as CAS, Diplomas in Professional Education, and the like, if the Superintendent is satisfied that the acquisition of such similar attainments required similar effort and study.

5.                   Each teacher claiming eligibility for placement will be required to provide all necessary documentation. No inquiries will be made to any college or university by the administration to secure this material for a teacher, but such colleges or universities may be subsequently contacted for verification of records or for clarification if found necessary.

COACHES SALARY SCHEDULE

The Salary Schedule for Coaches shall be as follows, effective____________, 2011.

1.0% Increase

Effective 2011

 

 

STEP

1

2

FOOTBALL

 

 

Head Coach

$5,814

$7,165

Assts (4)

$3,199

$3,942

BASKETBALL

 

 

Head Coach

$4,845

$6,033

Assts (2)

$2,666

$3,319

BASEBALL

 

 

Head Coach

$4,153

$4,901

Assts (2)

$2,285

$2,697

SOFTBALL

 

 

Head Coach

$4,153

$4,901

Assts (1)

$2,285

$2,697

HOCKEY

 

 

Head Coach

$3,738

$4,414

Assts (2)

$2,057

$2,428

SOCCER

 

 

Head Coach

$3,599

$4,275

Assts (2)

$1,980

$2,349

SWIMMING

 

 

Head Coach

$3,045

$3,547

TRACK

 

 

Head Coach

$3,322

$4,046

Asst (1)

$1,829

$2,228

TENNIS

 

 

Head Coach

$2,215

$2,770

GOLF

 

 

Head Coach

$2,215

$2,770

CROSS COUNTRY

 

 

Head Coach

$2,215

$2,770

SKIING

 

 

Head Coach

$2,631

$3,206

INDOOR WINTER TRACK

 

 

Head Coach

$2,631

$3,206

GYMNASTICS

 

 

Head Coach

$3,322

$4,046

Asst (1)

$1,829

$2,228

CHEERLEADING

 

 

Head Coach

$3,322

$4,046

Asst (1)

$1,829

$2,228

VOLLEYBALL

$2,631

$3,206

Head Coach

 

 

Asst. (1)

$1,405

$1,712

WRESTLING

$3,629

$4,285

 

$1,998

$2,357

COACHES SALARY SCHEDULE

The Salary Schedule for Coaches shall be as follows, effective____________, 2012.

1.0% Increase

Effective 2012

 

 

STEP

1

2

FOOTBALL

 

 

Head Coach

$5,872

$7,237

Assts (4)

$3,231

$3,981

BASKETBALL

 

 

Head Coach

$4,893

$6,093

Assts (2)

$2,693

$3,352

BASEBALL

 

 

Head Coach

$4,195

$4,950

Assts (2)

$2,307

$2,724

SOFTBALL

 

 

Head Coach

$4,195

$4,950

Assts (1)

$2,307

$2,724

HOCKEY

 

 

Head Coach

$3,775

$4,458

Assts (2)

$2,078

$2,452

SOCCER

 

 

Head Coach

$3,635

$4,318

Assts (2)

$1,999

$2,373

SWIMMING

 

 

Head Coach

$3,076

$3,583

TRACK

 

 

Head Coach

$3,355

$4,087

Asst(l)

$1,847

$2,250

TENNIS

 

 

Head Coach

$2,237

$2,798

GOLF

 

 

Head Coach

$2,237

$2,798

CROSS COUNTRY

 

 

Head Coach

$2,237

$2,798

SKIING

 

 

Head Coach

$2,657

$3,238

INDOOR WINTER TRACK

 

 

Head Coach

$2,657

$3,238

GYMNASTICS

 

 

Head Coach

$3,355

$4,087

Asst (1)

$1,847

$2,250

CHEERLEADING

 

 

Head Coach

$3,355

$4,087

Asst(l)

$1,847

$2,250

VOLLEYBALL

$2,657

$3,238

Head Coach

 

 

Asst. (1)

$1,419

$1,729

WRESTLING

$3,665

$4,328

 

$2,018

$2,381

COACHES SALARY SCHEDULE

The Salary Schedule for Coaches shall be as follows, effective______________, 2013.

1.0% Increase

Effective 2013

 

 

STEP

1

2

FOOTBALL

 

 

Head Coach

$5,930

$7,309

Assts (4)

$3,263

$4,021

BASKETBALL

 

 

Head Coach

$4,942

$6,154

Assts (2)

$2,720

$3,386

BASEBALL

 

 

Head Coach

$4,237

$4,999

Assts (2)

$2,331

$2,751

SOFTBALL

 

 

Head Coach

$4,237

$4,999

Assts (1)

$2,331

$2,751

HOCKEY

 

 

Head Coach

$3,813

$4,502

Assts (2)

$2,099

$2,477

SOCCER

 

 

Head Coach

$3,671

$4,361

Assts (2)

$2,019

$2,396

SWIMMING

 

 

Head Coach

$3,106

$3,618

TRACK

 

 

Head Coach

$3,389

$4,127

Asst(l)

$1,866

$2,273

TENNIS

 

 

Head Coach

$2,259

$2,826

GOLF

 

 

Head Coach

$2,259

$2,826

CROSS COUNTRY

 

 

Head Coach

$2,259

$2,826

SKIING

 

 

Head Coach

$2,684

$3,270

INDOOR WINTER TRACK

 

 

Head Coach

$2,684

$3,270

GYMNASTICS

 

 

Head Coach

$3,389

$4,127

Asst (1)

$1,866

$2,273

CHEERLEADING

 

 

Head Coach

$3,389

$4,127

Asst (1)

$1,866

$2,273

VOLLEYBALL

$2,684

$3,270

Head Coach

 

 

. Asst. (1)

$1,433

$1,746

WRESTLING

 

 

Head Coach

$3,702

$4,372

Asst. (1)

$2,038

$2,405

Promotion

Promotion to a head coaching position, from an assistant coaching position in the same sport, will not result in loss of earnings. The promotion to head coach from assistant coach of an individual who was on Step 2 as an assistant coach will result in the placement of that individual on Step 1 of the salary schedule for head coach for that sport.

Longevity

Any coach who has coached at least one (1) sport for the Chicopee School Committee, in each of the fifteen (15) consecutive years will receive an annual longevity payment of $516 The annual longevity payment will increase to $711 after having coached at least one (1) sport for each of twenty (20) consecutive years. The annual longevity payment will increase to $905 after having coached at least one (1) sport for each of twenty-five (25) consecutive years. Multiple sport coaches will not receive multiple longevity payments. A coach must continue to be employed as a coach by the Chicopee School Committee in order to qualify for the annual coaching longevity payment.

Effective August _________,           2011, the amounts will increase to $552, $762 and $971.

Effective August _________,           2012, the amounts will increase to $558, $770 and $981.

Effective August _________,           2013, the amounts will increase to $564, $778 and $991.

Each coach is responsible for notification to the Superintendent or his/her designee in writing upon attainment of the necessary years of service to qualify for longevity payments under this provision of the contract.

Return to Coaching

If an individual employed as a coach leaves coaching and thereafter returns to coaching in the same sport, he or she will be placed on the next step of the salary schedule.

It is expressly understood that no individual will acquire tenure in coaching or other extracurricular activity positions and need not be rehired for such position.

EXTRACURRICULAR ACTIVITIES

All clubs/extracurricular activities will be paid by the season with one (1) unit per season with the following exceptions:

High School Band Director                                                7 units*

High School Drama                                                            7.5 units*

Middle School Band Director                                            4 units*

Color Guard Director                                                          3.5 units*

Assistant Band Dir. - High School                                    3.5 units*

Junior USA                                                                           

Director                                                                                  5.5 units*

Color Guard Coordinator                                                   4.5 units*

Chorus Coordinator                                                            4.5 units*

* denotes units per year

It will be the responsibility of the building principal to determine how may seasons a club/activity will run.

S.O.S. Program Administrator                                           $100/per session

Teacher                                                                                 $ 75/per session

In the event an extracurricular activity listed below is reinstated by the School Committee, such activity shall have a unit value as follows:

Club                                                                                       Unit Value

Art                                                                                          (1)

Astronomy                                                                            (1)

Black Studies                                                                       (1)

Chemistry                                                                             (1)

Chess                                                                                     (1)

Chorus                                                                                   (2.5)

Assistant                                                                                (1.25)

Class Advisor                                                                      

Sophomore                                                                           (1)

Commercial                                                                          (1)

Drama                                                                                   (1.15)

F.AC.E.                                                                                  (1)

French                                                                                    (1)

Future Nurses                                                                       (1)

German                                                                                 (1)

Gym Team                                                                           (1)

Hiking                                                                                    (1)

Home Economics                                                                (1)

Instrumental—Elementary                                              

Intramural Sports (Middle School &                               $13.33 per hour (8/   /11)

High School Boys/Girls Basketball)                                 $13.46 per hour (8/   /12)

                                                                                                $13.60 per hour (8/   /13)

Latin                                                                                      (1)

Literary                                                                                  (1)

Mathematics                                                                        (1)

Pep                                                                                         (1)

Photography                                                                         (1)

Political Science                                                                   (1)

Science                                                                                  (1)

Septic                                                                                     (1)

Softball                                                                                  (1)

Spanish                                                                                  (1)

Swimming                                                                             (1)

Tennis                                                                                    (1)

Touch Football (boys)                                                        (1)

Weight Training & Physical Conditioning                       (1)

CLUB ACTIVITIES

Extracurricular club activity may be carried on after the following conditions have been met:

1.       The principal of each high school and middle school will submit a list of club activities to the Superintendent for approval prior to the start of the season.

2.                   After approval by the Superintendent, club sponsor meetings will be posted thereafter. For new clubs the Superintendent will forward a copy of the request to the CEA and School Committee. Each party must respond within ten (10) school days from date of receipt with the a request to negotiate unit values, otherwise, the new club is approved.

3.                   No clubs, other than those specifically proposed by the principal, and approved by the Superintendent, will be permitted to function.

4.                   "All clubs/extracurricular activities will be offered on a seasonal basis. The "seasons" shall follow the sports seasons."

5.                   "Minimum standards for approval of a club will be an activity which:

1.                   Meets weekly

2.                   Meetings must be of at least one (1) hour in duration.

3.                   The activity must sustain at lease fifteen (15) active members throughout its period of activity.

6.            It is understood and agreed that the above standards are set forth as minimum, and no restraints on additional enthusiasm are intended or implied. However, voluntary increase in activity above the minimum shall not be a basis for a request for increased compensation. Subject to all of the foregoing, each club is assigned a unit value as listed below. The monetary value of a single unit shall be $445 for the term of the club's annual activity. Effective 8/____/l 1, and 8/_____/12 and 08/_____/13 the value of a single unit will be increased to $449, and $453 and $458 respectively.

OTHER SALARY SCHEDULES

1.             Salary Schedule of the positions listed below shall be increased to the figure noted beside the position:

Evening School Teacher                                                                    $27.59/hour, $27.87/hour, $28.15/hour

Evening School Teacher                                                                   

assigned credit bearing courses                                                         $38.63 /hour, $39.02/hour, $39.41/hour

Summer School Teacher                                                                    $27.59 /hour, $27.87/hour, $28.15/hour

Career and Technical Equipment                                                    $27.59 /hour, $27.87/hour, $28.15/hour

After School Program Teacher                                                         $27.59 /hour, $27.87/hour, $28.15/hour

2.                   If a new bargaining unit position is established, the Committee will negotiate with the Association over the appropriate salary for such position.

3.                   If there are any substantial changes in the duties of any existing bargaining unit position, the Committee will negotiate with the Association regarding possible modifications in the salary for such position.

4.                   An individual serving in a coaching position in the Chicopee School System for the first time, regardless of prior coaching experience, will start at the minimum salary rate. After each year of service, the individual shall advance to the next appropriate column, until maximum is attained.

5.                   Head Counselor (Chicopee High, Chicopee Comprehensive High) - Annual stipend for additional school year duties and responsibilities. Any work days beyond the school year will be compensated on a per diem rate if approved in advance by the Superintendent or his designee. Effective 8/25/11, 8/25/12 and 08/25/13 this stipend will be increased to

$ 1,270 and $1,282, and $1,295, respectively.

6.             Professional Broadcast Engineer/Teacher (this stipend is for assuming the full duties and responsibilities of this fifty-two week position).

8/   /11                                    8/   /12                                    8/   /13

$8,575                                    $8,661                                    $8,747

7.             Summer Program Directors                                              

4 Weeks                                 $35.32/hr              $35.67/hr              $36.03/hr

6 Weeks                                 $35.32/hr              $35.67/hr              $36.03/hr

APPENDIX B

I.             PURPOSE OF SUPERVISION AND EVALUATION

The purpose of the Chicopee Public Schools' evaluation instrument is to establish a structure to improve teaching and learning by creating a comprehensive understanding of a teacher's work, by supporting professional development, and by assuring accountability. The specific purpose of 603 C.M.R. 35.00 are: "(a) to provide information for the continuous improvement of performance through an exchange of information between the person being evaluated and evaluator, and (b) to provide a record of facts and assessments for personnel decisions." (603 C.M.R. 35.01, Section 2)

Improving teaching and learning begins with the recognition that teaching is an extremely complex process, certain aspects of which can nevertheless be studied, understood, and described in terms of certain categories, indicators, and attributes of effectiveness.

It is on the basis of these indicators of effective teaching that the teachers' professional skills are assessed and evaluated utilizing a variety of data sources. These include, but are not limited to, classroom observations, conferences, analysis of student work, written teacher work and other professional communications. The intended outcomes of the process are several: to foster continuous self-examination of professional skills; to foster professional growth; to commend professional achievement; to provide a rational and reliable basis for making recommendations for the improvement of professional practice and instruction, and to provide a basis for making employment decisions as needed.

In the context of supervision and evaluation, a major role of the supervisor is to provide focus and feedback for the teacher about performance issues, to support and stimulate the teacher's thinking about instructional decisions and professional practices. The supervisor may identify those specific areas for improvement that need to be addressed. A supervision and evaluation process is most productive when both collaboration and respect exist between the teacher and the supervisor.

It is understood that in category #3, Professional Development Needed and category #4, Unsatisfactory, implies a responsibility both for teacher and for the supervisor or principal. The latter is responsible for the recognition and explanation or documentation of any teacher weakness and for providing recommendations, suggestions, examples and opportunities for improvements as well as for giving feedback on progress. The teacher is responsible for following the prescribed improvement plan* and for demonstrating strengthening in the area(s) of weakness.

(*Any significant expenses associated with requirements of the plan (i.e. courses, workshops, conferences, and travel outside the district) will be assumed by the school system.)

The Association and Committee agree that this professional growth and evaluation process includes the requirements set forth in the regulation of the Department of Education (603 C.M.R. 35.00) and that it meets or exceeds the standards which have therein been set forth.

II.      EVALUATION PROCESS-CLASSROOM TEACHERS

The supervision instruments shall be distributed to all staff before the evaluation process is commenced.

Data gathering

While formal classroom observation is an important source of information regarding the performance of a teacher, evaluators are expected to gather information in as many different ways as possible to produce the most complete and accurate picture of the teacher's overall performance. These may include classroom visitations (by advance or contemporaneous notice where the evaluator makes his/her presence known to the teacher), conferences with the teacher, review of materials produced by the teacher and/or students, letters of recommendation, communications from teachers, parents, and other persons who can provide firsthand information appropriate for consideration in the evaluation process consistent with the provisions of the Teachers' Contract and 603 C.M.R. 35:00.

City of Chicopee

Chicopee Public Schools

180 Broadway, Chicopee, MA 01020

PERFORMANCE EVALUATION FOR TEACHERS

Name   _______________________School  _______________________Assignment__________________

(Print)

School Year  _____________Evaluator  _______________________Principal_______________________

(Print)

 

PRINCIPLE

Commendable

Meets Professional Standards

Professional Development  Needed

Unsatisfactory

I.

CURRENCY IN THE CURRICULUM The teacher is up to date regarding guiding Principles of the curriculum frameworks.

______

______

______

______

Evidence:

______ ______ ______ ______ ______

______

______

______

______

II.

EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

 

 

 

 

A.

The teacher plans instruction making effective use of curriculum standards and frameworks.

______

______

______

______

B.

The teacher plans assessment of student learning effectively.

______

______

______

______

C.

The teacher monitors students' understanding of the curriculum effectively and adjusts instruction, materials, or assessments.

______

______

______

______

III.

EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

 

 

 

 

A.

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

______

______

______

______

B.

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

______

______

______

______

EVIDENCE:

______ ______ ______ ______ ______

______

______

______

______

IV.

EFFECTIVE INSTRUCTION

 

 

 

 

A.

The teacher makes learning goals clear to students

______

______

______

______

B.

The teacher uses appropriate instructional techniques.

______

______

______

______

C.

The teacher uses appropriate questioning techniques.

______

______

______

______

D.

The teacher evaluates and refines instructional strategies as well as tries innovative approaches including the effective use of technology.

______

______

______

______

EVIDENCE:

______ ______ ______ ______ ______

______

______

______

______

V.

PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

 

 

 

 

A.

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

______

______

______

______

B.

The teacher promotes confidence and perseverance in students to stimulate increased personal responsibility for achieving the goal of the curriculum.

______

______

______

______

VI.

PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

 

 

 

 

A.

The teacher strives to ensure equitable opportunities for student learning.

______

______

______

______

B.

The teacher demonstrates appreciation for and sensitivity to the diversity among individuals.

______

______

______

______

EVIDENCE:

______ ______ ______ ______ ______

______

______

______

______

VII.

FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

 

 

 

 

A.

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

______

______

______

______

B.

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

______

______

______

______

C.

The teacher is reflective and continuous learner.   

______

______

______

______

EVIDENCE:

______ ______ ______ ______ ______

______

______

______

______

DATES OF FORMAL OBSERVATIONS: (MINIMUM OF TWO OBSERVATIONS)

DATE_______________________  PERIOD ______________________CLASS________________

DATE_______________________PERIOD _______________________CLASS________________

TEACHER COMMENTS: (use additional sheet if necessary)

DATE _______________________TEACHER SIGNATURE__________________________________

DATE _______________________EVALUATOR SIGNATURE_______________________________

The signature of the Teacher means only that he/she has read this document. Unit A Contract - Article XIII-Section A - Item 4.

LETTER AGREEMENT

IN ADDITION to those contractual changes which are set forth in the basic contract between the SCHOOL COMMITTEE OF THE CITY OF CHICOPEE and the CHICOPEE EDUCATION ASSOCIATION -- UNIT A - : the following understandings and interpretations are agreed to in order to provide smooth administrative handling of questions arising under the contract:

1)           ARTICLE III - D 2 (Grievance Procedure) At this level, the Superintendent is to be sure that if the grievant is not a member of the CEA, that the CEA is notified of the date, time and place for the grievance, so that the CEA may be present to state its views.

2)           ARTICLE V - (Teaching Hours and Load) It is agreed that the past practice of scheduling preparation periods for resource teachers will be continued.

3)           ARTICLE XVIII - (TEMPORARY Leaves of Absence) In accordance with the General Laws of the Commonwealth and past practices, time will be allowed for attendance at funerals or memorial services for deceased veterans, and for attending Veteran's Conventions (See GL c.41, Section III J.)

4)           ARTICLE XX - (Sabbatical Leaves) It is to be understood by the Administration that a teacher may apply for a sabbatical leave during the seventh consecutive year of his/her service, in accordance with paragraph B of this Article.

IN WITNESS WHEREOF the parties hereto set their respective hands and seals this second day of October, 1978 through duly authorized representatives.

SCHOOL COMMITTEE OF THE CITY OF CHICOPEE

By:

CHICOPEE EDUCATION ASSOCIATION

BY:

TRANSFERS: Note: In those areas where seniority is listed among a number of other criteria, we would add the following: "in instances where other criteria are relatively equal then seniority will become the controlling factor".

SIDE LETTER

The Chicopee School Committee and the Chicopee Education Association both recognize that in order to maintain an appropriate level of educational services to students, time must be set aside periodically for meetings between teachers, administrators and others for such purposes as grade level meetings for discussing and monitoring student adjustment and progress including the development of strategies for improving student adjustment and progress. Therefore, the Committee and the Association agree to cooperate and allow the current practices relating to the scheduling and conduct of such periodic meetings at the elementary schools to continue. Such periodic meetings may be scheduled to take place during the school workday.