AmhersPelham

Show detailed information about district and contract

DistrictAmhersPelham
Shared Contract District
Org Code6050000
Type of DistrictRegional Secondary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2011
Expired Status
Superintendency UnionUnion 26 Amherst-Pelham
Regional HS MembersAmherst-Pelham
Vocational HS Members
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityresort/retirement/artistic
Number of Schools2
Enrollment1661
Percent Low Income Students22
Grade Start7
Grade End12
download pdf version of this document view accessible version of this document Agreement

 

 

 

Agreement

 

between

 

Amherst, Pelham and Regional School Committees

 

and

 

Amherst-Pelham Education Association

Unit A

Professional Staff

 

 

 

September 1, 2007 - August 31, 2008

 

and

 

September 1, 2008 – August 31, 2011

 


 

TABLE OF CONTENTS

 

 

PREAMBLE..................................................................................................... 1

 

ARTICLE 1           RECOGNITION OF BARGAINING AGENT.............................................. 1

 

ARTICLE 2           MANAGEMENT RIGHTS............................................................................. 2

 

ARTICLE 3           NEGOTIATED POLICIES AND DISTRIBUTION...................................... 3

 

ARTICLE 4           CHANGING POLICIES GOVERNING CONDITIONS OF

EMPLOYMENT DURING THE TERM OF THIS CONTRACT............... 3

 

ARTICLE 5           GRIEVANCE PROCEDURE.......................................................................... 4

 

ARTICLE 6           NO STRIKE PROVISION.............................................................................. 6

 

ARTICLE 7           ADMINISTRATIVE REGULATIONS.......................................................... 6

 

ARTICLE 8           TEACHING PERSONNEL............................................................................. 6

A.       Recruitment and Selection

B.       Placement on Schedule

C.       Appointments

D.       Physical Examinations

E.       Professional Conduct

F.       Notification of Intent

G.       CORI Checks

 

ARTICLE 9           WORK YEAR, WORK DAY........................................................................... 8

A.       School Year

B.       Working Hours

C.       Part-Time Teachers

D.       Lunch Period

E.       Extended Services Compensation

 

ARTICLE 10         ASSIGNMENT AND WORKLOAD.............................................................. 9

A.       General

B.       General Duties

C.       Other Regular Duties

D.       Extra Duties

E.       Class Size

F.       Prep Time

 

 

ARTICLE 11         VACANCIES AND TRANSFERS................................................................ 12

A.       General

B.       Vacancies/Postings

C.       Applications for Transfer

 

ARTICLE 12         PROFESSIONAL GROWTH AND DEVELOPMENT.............................. 13

A.       General

B.       Holders of Bachelor's and Master's Degrees

C.       Non-College Credits

D.       Advanced Degree Holders

E.       Evidence of Growth

F.       Individualized Professional Growth Programs

G.       Waivers

H.       Nurses

 

ARTICLE 13         EVALUATION............................................................................................... 17

A.       General Purposes

B.       Just Cause

C.       Evaluation Reports

D.       Peer Evaluation

E.       Re-Evaluations

F.       Comments

G.       Nurses

 

ARTICLE 14         SALARY GUIDES......................................................................................... 19

A.       General

B.       Placement on Schedule

C.       Credit for Previous Experience

D.       Salary Increments

E.       Retirement Increment

F.       Health and Accident Insurance

G.       Salary Payment Schedule

H.       Driver Education Salary Rate

I.        Travel Reimbursement

J.        Extra Class Coverage

K.      Extra Curricular Duties

Athletics

L.       Teacher Salary Schedules ( including Longevity)

M.      Early Retirement Incentive Clause

N.      Guidance Counselors

O.      Middle and Elementary School Curriculum Leaders

P.       Middle School Turning Points Coaches

 

 

ARTICLE 15         ABSENCES, LEAVES, AND VACATIONS................................................ 38

A.       Sick Leave

B.       Special Leave

C.       Professional Leaves

D.       Personal Leave

E.       Early Release

F.       Delay in Reporting

G.       Leave of Absence

H.       Parental Leave of Absence

I.        FMLA Leave for Serious Health Condition

J.        Small Necessities Leave

K.      Union Leave

L.       Military Leave

M.      Jury Duty

N.      Five and Four Plan

 

ARTICLE 16         REDUCTION IN STAFF............................................................................... 47

A.       Release

B.       Recall

C.       Definitions

 

ARTICLE 17         HEALTH & SAFETY..................................................................................... 50

 

ARTICLE 18         DEPARTMENT HEADS............................................................................... 50

1.       Qualifications

2.       Appointment Procedures

3.       Supervision and Evaluation

4.       Teaching Load and Administrative Duties

5.       Remuneration

6.       Merged or Eliminated Departments

 

ARTICLE 19         NO DISCRIMINATION............................................................................... 53

 

ARTICLE 20         AGENCY SERVICE FEE.............................................................................. 53

 

ARTICLE 21         TRANSPORTATION OF STUDENTS........................................................ 54

 

ARTICLE 22         STAFF TUTORING FOR REMUNERATION........................................... 54

 

ARTICLE 23         WORK RELATED INJURY......................................................................... 55

A.       Physical Assaults

B.       Workers Compensation

 

ARTICLE 24         PRINCIPAL ADVISORY COMMITTEE.................................................... 56

 

ARTICLE 25         DURATION.................................................................................................... 57

 

APPENDICES:      CODE OF ETHICS OF THE EDUCATION

                                PROFESSION................................................................................................ 57

                                NEGOTIATED PROCEDURES FOR TEACHER
                                EVALUATION............................................................................................... 60
                                MEMORANDA OF AGREEMENT:
                                                Health Insurance................................................................................ 62
                                                High School/Middle School Workload............................................... 64
                                                Joint Committee on Labor Relations................................................... 66

                               

           

 


 

CONTRACT

 

            Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this CONTRACT IS MADE by the SCHOOL COMMITTEES OF AMHERST, PELHAM AND THE AMHERST-PELHAM REGION (hereinafter sometimes referred to as the Committee) and the AMHERST-PELHAM EDUCATION ASSOCIATION, an affiliate of the Massachusetts Teachers Association and the National Education Association.

 

 

PREAMBLE

 

            Recognizing that our common goal is to provide an educational program of high quality and reasonable cost for the children of Amherst, Pelham, Leverett, and Shutesbury, we, the undersigned parties to this contract, declare that:

 

            The Superintendent of Schools of the Amherst, Pelham, and Amherst-Pelham Regional School Districts (hereinafter referred to as the Superintendent) has the responsibility for implementing the policies established by the Committee.

 

            The professional staff of the public schools of the Amherst, Pelham and Amherst-Pelham Regional School Districts has the responsibility for providing effective instruction in our classrooms.

 

            Fulfillment of these responsibilities can be best achieved through consultations and frank exchanges of views and information among the Committee, the Superintendent and the professional staff as policies related to wages, hours and other conditions of employment for the professional staff are formulated and applied.

 

We agree to the following principles and procedures in order to implement these declarations.

 

 

ARTICLE 1

RECOGNITION OF BARGAINING AGENT

 

            For the purpose of collective bargaining with respect to wages, hours and other conditions of employment, the Committee recognizes in this contract that the Association is the exclusive bargaining agent of all classroom teachers, department heads, registered nurses, guidance counselors, librarians, school psychologists, speech pathologists, special education teachers, bilingual education teachers, Chapter I coordinators, pre-school coordinators, staff development coordinators, etc. (intent is to delineate all current positions in the bargaining unit) except:

 

            A.        Superintendent

            B.         Assistant Superintendent

            C.        Business Manager/Treasurer

            D.        Supervisor and/or administrators (such as building principals) who are directly responsible to the Superintendent or the Assistant Superintendent

            E.         Assistant Principals

 

            Exclusion of the above named personnel from the bargaining unit defined in this contract does not constitute an exclusion of the possibility that the Association will act as the bargaining agent for some of these persons under the terms of a different contract which could define a different bargaining unit.

 

 

ARTICLE 2

MANAGEMENT RIGHTS

 

 

            Under the laws of Massachusetts, the School Committees of Amherst, Pelham and the Amherst-Pelham Region have the final responsibility for establishing educational policies of the  Amherst, Pelham and Amherst-Pelham Regional Schools, for management of said schools and for directing their operation.  This responsibility, which includes the duty to maintain public schools and such other activities as it finds will best serve the interest of member towns, to decide the need for school facilities, to determine the care, maintenance and operation of buildings, lands, apparatus and other property used for school purposes; to employ, assign, transfer and promote teachers; to suspend, demote or dismiss teachers of the schools in the manner provided by statute or ordinance; to evaluate the performance of, and to grant professional teacher status to teachers; all to be carried out by the Superintendent of Schools as the executive officer of the School Committee(s) consistent with statute and with the terms of this Agreement, to prescribe hours for and working conditions for teachers; to regulate and restrict the use of school property (real or personal); to implement improved benefits at any time for all or some; make any pay deductions because of the absence of, or failure to perform work by employees; and prescribe any professional improvement program or policies; to determine class size; to prescribe rules for management, studies, classifications and discipline for the public schools; to prepare and submit budgets to respective member towns and, in its sole discretion, expend monies appropriated by member towns for maintenance of the schools, and to make such transfers of funds within the appropriated budget as it shall deem necessary; and to exercise such other authority, rights and powers conferred upon the Committee by the laws of Massachusetts and the Rules and Regulations of any pertinent agency of the Commonwealth.

 

            The Committee agrees to take whatever action that may be necessary to give full force and effect to the provisions of the Agreement.

 

            As to matters not covered by this Agreement, except as abridged or modified by this Agreement or any supplements hereto, the Committee retains all rights and powers that it has or may hereafter be granted by law and shall exercise the same without such exercise being made the subject of grievance and arbitration provisions of this Agreement provided that no such right shall be exercised in violation of the terms of this Agreement or of Chapter 150E of the General Laws.

 

 

ARTICLE 3

NEGOTIATED POLICIES AND DISTRIBUTION

 

            The Superintendent shall ensure that a written copy of current wage schedules and all other current Committee policies regulating conditions of employment for professional employees that have been negotiated and are effective as of the date of this contract, as well as current administrative guidelines, regulations, and district philosophy and objectives, are available for the reference of employees in each school building.  A signed copy of the negotiated wages and working conditions will be retained for reference by the Association and Committee in the office of the Superintendent.  None of these policies shall be revised or abolished and no new policies will be established except as provided in ARTICLE 4 of this contract.

 

 

ARTICLE 4

CHANGING POLICIES GOVERNING

CONDITIONS OF EMPLOYMENT DURING THE

TERM OF THIS CONTRACT

 

Section A.                 Negotiated Policies

 

            No creation, abolishment or revision of policies affecting conditions of employment as in ARTICLE 3 of this contract may be implemented by the Committee during the term of this contract unless the Association agrees to such creation, abolishment or revisions.  However, during the term of this contract both the Association and the Committee may propose new policies, abolishment of policies, or revision of the policies governing working conditions with the understanding that the other party is not obligated to, but may consider such proposals.  If both parties agree to consider a policy change during the term of this contract, then consideration will be implemented in whatever manner seems appropriate to both parties at the time.  If  both parties ratify a policy change during the term of this contract, that change will be implemented on a mutually acceptable date and a signed copy of the change will be placed on file in the office of the Superintendent.  If either the Association or the Committee does not ratify a proposed policy change, no change will be implemented and both parties will be obligated to continue accepting the implementation of policies as previously defined in ARTICLE 3.

 

Section B.                 Consultation on all new or non-negotiated policies

 

            Before the Committee adopts a change in rules, regulations, or policies which directly affects wages, hours, standards or productivity and performance, and any other terms and conditions of employment which are not covered by the terms of this Agreement, the Committee will notify the Association, in writing, through its approved minutes, that it is considering such a change.  The Association will have the right to negotiate with the Committee, provided that it files such a request with the Committee, within seven (7) days, excluding weekends and legal holidays, after receipt of said notice.

 

Section C.                 Negotiation of new or non-negotiated policies

 

            The Association or the Committee may propose new policies affecting terms and conditions of employment for negotiation at any time.  If both parties agree to negotiate the policy and it is ratified by each, it will then become part of the negotiated contract.  In the event that a disagreement should arise between the Association and the Committee as to what constitutes a change necessitating negotiation under this paragraph, this condition shall be submitted for binding opinion to the State Labor Relations Board.

 

 

ARTICLE 5

GRIEVANCE PROCEDURE

 

1.         It is conceivable that disputes may arise over the interpretation and proper implementation of policies associated with the Contract.  Any such dispute will be known as a grievance and will entitle professional employees covered by this Contract or the Association to the right to utilize a formal grievance procedure.  To utilize a formal grievance procedure, any professional employee or the Association is required to first petition the building principal for a redress of the grievance.  Step 1 may be bypassed provided the grievant (or the Association) and the principal agree.  In this case, the grievance would be filed directly with the Superintendent.

 

            Step One

 

            The first petition must be dated and presented to the principal within thirty (30) days of the knowledge of the action which constitutes the bases for the grievance, and must indicate the precise nature of the grievance and the remedy sought.  Within ten (10) days of receiving the petition, the principal must provide the employee with an official written response to the petition.

 

            Step Two

 

            If the response at Step One does not satisfy the Association and/or the grievant, a written request for a meeting may be forwarded within ten (10) days of the date of the response at Step One, or of the date said response was due, whichever is earlier, to the Superintendent or the Superintendent's designee (with full authority to act for the Superintendent).  The Superintendent or his designee shall schedule a meeting within ten (10) days of receiving the request for same.

 

            Step Three

 

            If the results of the meeting with the Superintendent or his designee do not satisfy the Association and/or the grievant, a written request for a meeting with the Committee may be forwarded within ten (10) days, to the Superintendent.  The Superintendent shall schedule such a meeting in the executive session of the next regular monthly meeting of the Committee.  The School Committee shall render a decision, in writing, within fifteen (15) days of the close of the executive session.

 

            Step Four

 

            If the School Committee's response to the grievance is not satisfactory to the Association, or if no decision has been received by the Association within fifteen (15) days after the conclusion of the executive session, the Association may submit the grievance to final and binding arbitration by giving the School Committee written notice, within fifteen (15) days of the Association's receipt of  the School Committee's written answer or within fifteen (15) days of the date such response should have been received, whichever is earlier, of the Association's desire to arbitrate the problem.

 

1.         The parties shall attempt to agree upon an arbitrator, but if agreement is not reached within ten (10) work days after receipt of said notice, the grievance shall be submitted within ten (10) work days thereafter to the American Arbitration Association.

 

2.         The arbitration proceeding will be conducted under the rules of the American Arbitration Association.  The arbitrator shall have no authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement.  The award shall be final and binding on the School Committee, the Association and the grievant.  Each party shall bear the expenses of its representatives and witnesses, and the fees and expenses of the arbitrator shall be borne equally by the parties.  The Association may have representatives at arbitration hearings held during the school day, with no loss of pay, provided the number of Association representatives does not exceed three (3).

 

3.         If the School Committee claims the Association has violated any provision of the Agreement, it may present such claim to the Association, in writing, and if the parties fail to settle it within ten (10) calendar days, the School Committee may submit the problem to arbitration under the provisions of this Article.

 

2.         Grievance Records:  Once final action has been taken on a grievance, only a simple record of the decision may be entered in appropriate personnel files.  Moreover, no written communication or other document relating to the grievance shall be filed in the official personnel file of any employee involved in presenting a grievance under this contract.  A representative of the Association may inspect any record of a grievance decision prior to, or after its being filed in a personnel folder of an involved employee covered by this contract.

 

3.         The formal grievance procedure described shall not be construed to prevent individual employees or groups of employees from using more informal procedures which meet the approval of the Superintendent, as long as the Association is present at such meetings and any solution reached is not in violation of the terms and conditions of this Agreement.

 

4.         Time limits included in the Article are considered maximum unless extended by mutual agreement in writing.

 

5.         Any grievance which is in process when this agreement reaches its expiration date (or any extension thereof) will be processed under the provisions of this Article.

 

 

ARTICLE 6

NO STRIKE PROVISION

 

During the term of the Agreement, the parties hereto agree that there shall be no strikes of any kind whatsoever, work stoppages, withholding of services, slowdowns, or interference or interruption of the operation of the School Department by any employee or the Association.

 

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 parties who are not signatories to the Agreement.

 

Employees who violate this provision shall be subject to disciplinary action, including discharge, and any claim by either party against the other of a violation of this Article shall be subject to arbitration as provided for in Article 5 of this Agreement.

 

 

ARTICLE 7

ADMINISTRATIVE REGULATIONS

 

When an administrative regulation is required to implement School Committee policy that directly affects wages, hours or other terms and conditions of employment, the Superintendent will notify the Association, in writing, of the proposed regulation, inviting the recommendations of the Association on the matter, ten (10) days before the issuance of the regulation.

 

 

ARTICLE 8

TEACHING PERSONNEL:  GENERAL

 

Section A.                 Recruitment and Selection

 

Each person shall, as a condition of qualification for employment be a graduate of an accredited college, teacher's college or university, or in the case of nurses an appropriate nursing program and shall present such evidence of course of study, credits and grades as may be requested by the Superintendent.  In addition, each person who is applying for appointment shall be eligible for regular or emergency certification by the Massachusetts Department of Elementary & Secondary Education.  Exceptions may be made in the case of those teachers currently employed in the system.

 

Each candidate shall be considered by Building Administrators plus appropriate Supervisor, other administrator, Department Head and educational team representative.  Their separate and/or collaborative recommendations shall be transmitted to the Superintendent who shall take actions as he or she determines is justified.

 

Section B.                 Placement on Schedule

 

In the initial placement of teachers on the schedule, the Superintendent of Schools shall be responsible for evaluating the training and experience of such teachers in determining the step on the salary schedule at which the teacher shall begin.

 

Section C.                 Appointments

 

All appointments shall be made by the Superintendent of Schools.

 

Section D.                Physical Examination

 

An evaluation of health, including a medical history and physical examination shall be required of each candidate for a position on the professional staff prior to appointment.  The Committee may, from time to time, require a re-examination.  The teaching personnel are required to have a tuberculosis examination every three (3) years.

 

Section E.                 Professional Conduct

 

Each teacher shall follow the Code of Ethics as attached to this contract as Appendix A and as may be modified by the Amherst-Pelham Education Association.

 

Section F.                 Notification of Intent

 

The Amherst-Pelham Education Association strongly urges that any teacher who intends to leave the system notify his/her principal of such intentions by March 15th.  In the event that unexpected developments make later decisions necessary, the teacher involved should discuss his/her plans with the Superintendent at the earliest possible date.

 

Section G.                CORI Checks

 

The parties agree that, pursuant to M.G.L. c. 71 §38R, Criminal Offender Record Information (“CORI”) checks will be conducted every three (3) years for employees covered by this Agreement.  An individual’s record may be checked on a more frequent basis with reasonable cause.

 

       1.     The Superintendent or a Central Office administrator designated by him/her will be the only persons authorized to request CORI checks.

 

       2.     A copy of an individual’s CORI report will be available to the employee upon request.  If the CORI request shows any activity, a copy will be immediately forwarded to the employee.

 

       3.     All CORI reports will be maintained in the Superintendent’s office, in separate confidential files.

 

       4.     Any disciplinary action taken as a result of CORI checks will be in accordance with the terms of this Agreement and/or applicable state law.

 

 

ARTICLE 9

WORK YEAR, WORK DAY

 

Section A.                 School Year

 

A school year is defined as that part of the year during which all teachers are to be present for duty and will mean no more than 184 working days plus two (2) new teacher days, with no more than 184 days for students.  Veteran teachers will not be required to be present for duty before September 1.

 

Section B.                 Working Hours

 

The teacher as a member of a professional team is an appropriate judge as to when his or her professional responsibilities have been completed.  A working day for teachers is defined as that part of a day during which all teachers are expected to be present for duty and will be no more than seven (7) hours, exclusive of a lunch period.

 

Section C.                 Part-Time Teachers

 

            1.         The regular working day for a half-time teacher, other than those cited in paragraph two (2) below, will be 3.5 hours exclusive of a lunch period.

 

            2.         Employment time of part-time teachers will be prorated to a thirty-five (35) hour week.  Part-time teachers will ordinarily have preparation time and administrative assignments in relative proportion to that expected of a full-time teacher.

 

            3.         Part-time teachers are expected to attend all regularly scheduled department meetings, building staff meetings and parent nights.  Part-time staff will be required to participate in curriculum days and teacher work days only to the proportion of the day that matches their teaching contract.


 

Section D.                Lunch Period

 

            Every teacher employed in any of the schools whose duties commence prior to twelve o'clock noon shall be allowed a thirty (30) minute lunch period between the hours of ten o'clock (10:00) in the forenoon and one thirty (1:30) in the afternoon, and shall not be required to perform any duties during said lunch period.

 

Section E.                 Extended Services Compensation

 

Whenever possible, all meetings that require the attendance or professional services of teachers will be scheduled during the regular work day.  Exceptions to this scheduling may be regularly scheduled department or elementary curriculum committee meetings, building staff meetings, and parents’ nights, in accord with current practice.

 

Whenever a teacher is required by the School Department to attend an in-service or training program beyond the regular working hours, except as agreed upon in a negotiated policy, such a teacher will be paid at the following hourly rates:

 

9/1/07 - $14.06              9/1/08 - $14.14         9/1/09 - $14.92         9/1/10 - $15.37

 

Whenever the professional skills of teachers are required by the School Department for service to students with special needs under Chapter 766 of the General Laws, beyond the regular working day, such teachers will be paid at the following hourly rates:

 

9/1/07 – $18.27             9/1/08 - $18.73         9/1/09 - $19.38         9/1/10 - $19.96

 

 

ARTICLE 10

ASSIGNMENT AND WORK LOAD

 

Section A.                 General

 

Each teacher shall be assigned teaching duties by the Principal.  In the case of the secondary teachers, this assignment will be made after the Principal has received a recommendation from the concerned Department Head.  A teacher shall be assigned by the Principal to teach a particular subject when no department has been established.

 

Each secondary teacher within an established department shall be subject to the direction and supervision of the Department Head with respect to courses taught and details of course substance.  In the absence of a Department Head, the teacher shall be subject to the direction and supervision of the Principal in these matters.


 

Whenever possible, each teacher shall be notified of his/her assigned teaching duties for the next school year prior to the end of the current school year.  This will include building assignment and, if scheduling is completed, the number of sections and specific classes to be taught.  Such notification does not preclude subsequent adjustments made necessary for personnel or enrollment reasons.

 

A teacher may appeal his/her teaching assignment within thirty (30) days of the notification as described above.  Such appeals will be directed to the building Principal.  If the appeal is not resolved satisfactorily, further appeals may be made to the Superintendent.  Appeals made under this section shall not be subject to grievance arbitration.

 

Section B.                 General Duties

 

All teachers are expected to attend all duly called meetings of the school system and the department in which they teach.

 

All secondary teachers are expected to cooperate actively with the Head of the Department in which they teach.

 

All teachers shall have the right to decline a nomination to serve as Head or Coordinator of the department in which they teach.

 

All elementary teachers are expected to cooperate actively in carrying out the approved recommendations of established curriculum committees.

 

All teachers shall cooperate with the administrative officers to whom they are responsible.

 

Section C.                 Other Regular Duties

 

The Principal may assign any teacher certain other regular duties in addition to meeting classes.  These may include:

 

1.  assisting in maintaining discipline

2.  supervising homeroom activities

3.  in an emergency, assisting temporarily with classes whose teacher is absent, but only after all efforts to secure a substitute have been exhausted and only until such substitute can be found.

(SEE ARTICLE 14, SECTION J)


 

These may include no more than one of the following per day:

 

1.  supervising study periods or open lab classes

2.  supervising a playground

3.  supervising a cafeteria

4.  supervising arrival or departure of busses

5.  supervising corridors and lavatories.

 

They may not include, except in an emergency situation, duties for which other school employees, such as cafeteria workers, custodians, health and secretarial personnel are employed.

 

This section will not apply to nurses.

 

Section D.                Extra Duties

 

Any teacher may be requested to accept or may request to be assigned one (1) or more of the following extra duties.  No teacher shall be assigned to such extra duties against his or her will.

 

Duties for which extra compensation shall be received include:

 

1.  Serving as Department Head.

2.  Serving as System Subject Coordinator.

3.  Serving as Head of an Elementary Curriculum Committee.  Compensation to be $500 annual salary differential.

4.  Extra curricular positions as outlined in Article 14, Section K.

 

Section E.                 Class Size

 

The goal of the Committee is to have class size which does not exceed an average of twenty-five (25) students.  The Committee will assign students in an equitable manner so that there is no disparity among the sizes of the classes in a particular grade, and/or subject area.

 

Whenever more than twenty-five (25) students are to be assigned to a class, staff affected will be consulted before final decisions are made.  Appeals on such decisions will be directed to the Superintendent.

 

Section F.                 Prep Time

 

Each full-time teacher shall be entitled to a duty-free preparation period scheduled during student instructional hours in addition to a duty-free lunch period on each full workday.  Preparation time will be prorated for part-time teachers.


 

At the elementary schools, early release of pupils on Wednesday afternoons will be used for individual and team planning, as well as for individual professional development.  In addition, up to two (2) afternoons per person per year may be used for directed staff development at the discretion of building and/or district administrators.

 

            At the elementary schools, two (2) early release days, in addition to the early release days defined below in Article 10, Section F, will be scheduled annually during the months of October/November, in order to facilitate the scheduling of parent teacher conferences.  Additional conferences may be scheduled at the discretion of the parent and the teacher.

 

 

ARTICLE 11

VACANCIES AND TRANSFERS

 

Section A.                 General

 

Each teacher shall be assigned to a building with the approval of the Superintendent of Schools.  Assignments shall be made in consideration of the current needs in each school and the apparent capabilities, major training, and interest of the teacher.

 

Section B.                 Vacancies/Postings

 

            1.  When a vacancy occurs in a position covered by this contract, the School Committee and the Superintendent shall determine the qualifications for the position.

 

            2.  All postings of vacancies shall include the following statement: The applicant should be aware that, if she/he is successful and is moving into another district, this transfer will result in the loss of Professional Teacher Status and seniority for purposes of the Reduction in Staff provision of the collective bargaining agreement.

 

            3.  The position will be posted in all teachers' lounges and workrooms, and in the central office for at least five (5) school days during the work year and ten (10) calendar days during the summer.  Posting and public advertisement may take place simultaneously.

 

            4.  Qualified and interested currently employed teachers may apply for a transfer during the posting period.  Applicants for transfer will always be interviewed for the position and will be notified of the principal/Superintendent's decision as to their transfer request, and if denied, the reason for the denial, before any outside candidates are interviewed and considered for the position.

 

            5.  If the position remains unfilled after consideration of the transfer requests of currently employed teachers, a currently employed teacher, including a teacher who requested a transfer, may still apply for the vacancy and be considered and interviewed along with applicants from outside the school system.

 

            6.  Diversity and multi-cultural goals shall be considered when making transfers and when hiring from outside the school system.

 

Section C.                 Applications for Transfer

 

By June 1 of each year, teachers not filling temporary positions who wish to be considered for transfer to other positions within their district that may become available during the summer will notify the Superintendent of their interests.  Transfer requests received prior to advertisement of vacancies will be considered first and responded to in writing.  In all cases, no external application received prior to a public advertisement will be considered until the internal posting period is over and internal transfer requests have been considered.

 

 

ARTICLE 12

PROFESSIONAL GROWTH AND DEVELOPMENT

 

Refer to Appendix _____ “Teacher Professional Development and Evaluation” and related Implementation Agreements.

 

Section A.                 General

 

The purposes intended to be served by expecting regular and orderly  attention to a program of growth and improvement include:

 

1.  Bringing to each teacher insight and perspective for recognition of the purpose of education in our society.

 

2.  Bringing to each teacher a sense of participation in a total educational project.

 

3.  Bringing to each teacher an awareness of the gains made in the understanding and importance of subject matter.

 

4.   Bringing to each teacher knowledge and experience in new teaching methods and use of teaching aids.

 

5.  Keeping alive the excitement of learning.

 

Participation in a program of Growth and Improvement shall be expected of each teacher beginning with the second year of employment.


 

Section B.                 Holders of Bachelor's and Master's Degrees

 

Teachers holding a Bachelor's degree shall within each period of four (4) years complete at least six (6) credits of work.  At least three (3) of these shall be earned successfully completing graduate or undergraduate courses at an accredited institution of higher learning.  The additional three (3) credits can be earned through in-service courses approved by the Superintendent.

 

For teachers holding a Master's degree the obligation may be met through:

 

1.  six (6) credits of in-service course, OR

2.  six (6) credits of graduate or undergraduate courses, OR

3.  any combination of 1 and 2 above.

 

A transcript of credits and grades or a certified statement from the instructor of an approved in-service course shall provide evidence of having met this requirement.  Courses taken during the school year shall not interfere with teaching school or other school duties.

 

These courses shall be so arranged that no more than three (3) consecutive years shall elapse without participation.  Credits earned during one four-year period may not be applied for fulfillment of the requirements for a different four-year period.  The remainder of credits may be earned by participation in non-college areas as approved by the Superintendent.

 

Section C.                 Non-College Credits

 

Participation in the following areas shall constitute evidence of satisfactory growth and improvement activity through other than college courses.

 

1.  Workshops or in-service training courses

 

a.       Credits may be allotted by the Superintendent, and based on course content and the time and work involved.  This provision shall also apply to teachers who conduct such workshops and courses.

 

b.       Credit shall be allowed only upon receipt of evidence from the person in charge of the workshop or course of satisfactory participation in, and completion of work assigned.

 

2.  Curriculum revision study group

 

a.       Up to 1.5 credits may be allowed by the Superintendent, subject to review by the School Committee.

 

b.       Credits shall be allowed on an individual basis as recommended by the Department Head or curriculum committee chair involved, again subject to review by the School Committee.

 

3.  Contribution to a professional organization or conference

 

a.       Up to 1.5 credits may be allowed by the Superintendent, subject to review by the School Committee.

 

b.       Satisfactory evidence shall be presented to show:

 

1.           Service as an officer.

 

2.           Service as chair of a regularly functioning committee.

 

3.           Meritorious committee work.

 

4.           Outstanding effort in the interests of a professional conference or meeting.

 

4.  Publication

 

Up to three (3) credits may be allowed by the School Committee upon review of the material published.

 

5.  Approved travel

 

Up to 1.5 credits may be allowed by the School Committee upon receipt of a brief written report of the professional advantage gained as a result of previously approved travel.

 

6.  Critic Teacher

 

1.5 credits per intern or practice teacher except where the critic teacher receives a salary differential for working with such.

 

7.  Service on an Evaluation Team for Another School

 

One (1) credit per four-year improvement period will be allowed for serving on an evaluation team.

 

8.  Service as Department Head or Subject Coordinator or Curriculum Committee Chairperson

 

One (1) credit per year will be allowed for service in these capacities.


 

9.  Independent growth programs

 

Credit allowed will be determined by the School Committee upon recommendation of the Superintendent and the Department Head after the Committee has reviewed the program.

 

Section D.                Advanced Degree Holders

 

Those holding a Master's degree plus 30, Master's degree plus 45, its equivalent, or other advanced degrees may satisfy the professional growth requirement either by meeting the conditions of Section C or by completing, for each four-year period, an independent growth program which has met prior administrative and/or School Committee approval.

 

Section E.                 Evidence of Growth

 

Presentation of evidence of having met those requirements shall be the responsibility of the teacher.  At some time during the school year a teacher shall make a report in a manner approved by the administration of each course completed, of credit earned during the previous school year and summer period.

 

Section F.                 Individualized Professional Growth Programs

 

Upon successful completion of an approved individualized professional growth program, a teacher on the Bachelor's degree salary schedule will be placed on the comparable step of the Master's Degree salary schedule for the next annual contract issued.  Approved Individualized Professional Growth Programs:

 

1.  Shall state the unifying professional goal or goals for which the program is developed and indicate the specific objectives designed to help the teacher reach those goals.

 

2.  Shall include at least thirty (30) college credit hours earned by successfully completing graduate or undergraduate courses at an accredited institution of higher learning.  Transcripts of credits and grades shall provide evidence of having met this requirement.

 

Up to twelve (12) hours of related college credit may be counted towards this requirement if they have been earned during a four-year period just prior to the approval of the individual's professional growth program.

 

3.  Shall be developed in consultation with the teacher's supervising administrator.


 

4.  Shall be in writing, signed by the teacher and the supervising administrator involved.  Copies of each signed program will be submitted to a professional growth study committee of the Amherst-Pelham Education Association who will review and make recommendations to the Superintendent of Schools.  The Superintendent will review and give final approval for each program.

 

5.  Shall be modified only after consultation with the supervising administrator and an APEA professional growth study committee, and with the approval of the Superintendent.

 

Section G.                Waivers

 

The requirement for participation in a program of Growth and Improvement shall be waived for a teacher who:

 

a.  has reached his/her 60th birthday AND has a minimum of ten (10) years' service in this system, OR

 

b.  has Master's plus 30, or its equivalent, or Masters plus 45, or an advanced degree, and has twenty-four (24) years' service in this system or another system with equivalent standard for professional advancement.

 

Section H.                Nurses

 

Registered nurses shall be deemed to have fulfilled all requirements of this article through their participation in continuous education program requirements for maintaining licensure as registered nurses.

 

 

ARTICLE 13

EVALUATION

 

 

Refer to Appendix ______ “Teacher Professional Development and Evaluation” and related implementation Agreements.

 

Section A.                 General Purposes

 

The purpose of evaluation is to assess the performance and support the professional growth of teachers in order to ensure effective service to the children of our local school communities.

 

Evaluation related to the issuance of contracts for the following year will be submitted to the Superintendent by May 1.

 

Decisions on renewal of contracts related to teacher performances will be based on the evaluation process established in negotiated policies.

 

Section B.                 Just Cause

 

No teacher will be disciplined, reduced in pay or rank, discharged or denied a benefit without just cause.

 

Section C.                 Evaluation Reports

 

Each teacher will receive a copy of every evaluation report submitted to the Superintendent.  The teacher has the right to respond in writing to this report.  Such responses will be attached to the evaluation report before it is included in the school system's personnel file.

 

All other evaluation reports completed in writing by district staff will be shared with the teacher evaluated.  The teacher has the right to respond in writing to such reports.  Any such response will be attached to the evaluation report before it is included in any file where such evaluations are placed.

 

Section D.                Peer Evaluation

 

Any teacher who so requests has the right to a peer evaluation.  A supervisor who so requests has the right to have a teacher evaluated by a peer.  The peer evaluator shall be acceptable to both parties and be willing to serve in this capacity.  In the event the two (2) parties cannot agree on the peer evaluator, a district supervisor not involved in evaluating the teacher, and a member of the APEA executive board shall be asked to name the peer evaluator.  The evaluating supervisor shall name the APEA executive board member.  The report of any such peer evaluation shall be shared with the teacher and included in the appropriate personnel file.

 

Section E.                 Re-Evaluations

 

Any teacher who so requests is entitled to a re-evaluation within thirty (30) days of receiving any formal evaluation report.  A teacher without professional teacher status shall receive one formal observation by January 31 of each year of such status.  Evaluations relating to the issuance of contracts for the following year will be submitted to the Superintendent by May 1, so that any requested reevaluation in this instance will be completed by June 1.

 

Section F.                 Comments

 

                 Any complaint (defined for the purpose of this article as one which may lead to disciplinary action or a negative comment on an evaluation) against a member of the bargaining unit that is regarded by the administration as sufficiently serious to merit further investigation will be brought to the member’s attention no more than  five (5) school days following the receipt of the complaint.  At that time, the member who is the subject of the complaint will be provided the details of the complaint, including but not limited to the identity of the individual(s) who made, or provided factual support for, the complaint.  Once the member is informed of the identity of this/these individuals, the member will not speak to this/these individual(s) relative to the subject of the complaint will be reduced to writing, and a copy provided to the member who is the subject of the complaint will be also be apprised on his/her right to request Association representation at any meeting with administration regarding said complaint.

 

The member who is the subject of the complaint shall have the option to respond to the complaint in writing; said response will be included in the member’s personnel file, along with the substantiated written complaint, even if the member who is the subject of complaint does not file a grievance relative to the disposition of the complaint.  If a complaint is not substantiated, the written complaint, and any written response to the same, will be destroyed.

 

Section G.                Nurses

 

Nurses will be evaluated by the principal of the building in which they are assigned to spend the majority of their hours per week.

 

 

ARTICLE 14

SALARY GUIDES

 

Section A.                 General

 

Compensation shall be according to the schedule or schedules as established by the School Committee in negotiation with APEA.  These schedules shall be subject to such modifications as the Committee shall deem necessary except that no proposed revisions will be acted upon unless the duly recognized teachers' organization has been given prior notification and has approved the proposed revisions.

 

Section B.                 Placement on Schedule

 

Each teacher shall be appointed at a salary which is neither higher nor lower than that of the first step, on the appropriate schedule, to which the teacher's training and experience would indicate that he/she be placed on.  An exception may be granted for those teachers who are employed for a limited time under the rules and regulations of the Department of Education governing emergency certification.  In the initial placement of teachers on the schedule, the Superintendent of Schools shall be responsible for evaluating the training and previous experience of such teachers in determining the step on the salary schedule at which the teacher shall begin.


 

In assigning teachers to placement on the MA+30 or the MA+45 salary schedule, one (1) of the following criteria must apply to the college hours counted for this purpose:

 

1.  The college hours must be earned subsequent to receipt of the Master's Degree, OR

 

2.  The hours are part of at least sixty (60) college hours earned towards a Doctoral Degree, and the Master's Degree has been awarded in the process.

 

Section C.                 Credit for Previous Experience

 

For purposes of placement on the salary schedule, credit for previous teaching and/or equivalent experience of particular value shall be given.

 

Section D.                Salary Increments

 

Salary schedule increments are not automatic.  The Superintendent may deny a salary increment for one of the following reasons:

 

1.  Failure to give evidence of satisfactory growth and improvement as prescribed under ARTICLE 12.

 

2.  Unethical behavior as judged by the Superintendent in reference to the Code of Ethics included in this contract.

 

3.  Failure to adhere to written directives of system administrators.

 

4.  Failure to achieve an overall rating of "Good" on a formal evaluation.

 

Section E.                 Retirement Increment

 

A $2000 increment will be granted in his/her last employment year to any teacher who retires from the system under Massachusetts retirement and disability laws provided that:

 

1.      The teacher has been employed fifteen (15) or more years in the Amherst, Pelham, and/or Amherst-Pelham Regional District Public Schools, AND

 

2.      The teacher provides the Superintendent with a written notice of intent to retire by December 1st of the school year prior to the fiscal year in which he/she intends to retire.

 

3.      It is understood and agreed that the retirement increment shall be paid to the teacher in the last paycheck received in the fiscal year in which he/she retires.

 

Section F.                 Health and Accident Insurance

 

The School Committee shall assume responsibility for payment of seventy-five percent (75%) of a group insurance contract, or a like dollar amount for an approved health insurance contract, or a like dollar amount for an approved health maintenance organization alternative, and payment of the same for a group life insurance contract in accordance with the provisions of Chapter 32B of the Commonwealth Laws.

 

Upon execution of this agreement, the Amherst School Committee and the Regional School Committee agree to adopt the policy governing the provision of health insurance coverage for domestic partners in effect for employees of the Town of Amherst as of September 1, 1998.

 

Should that or similar policy be adopted by the Town of Pelham, the Pelham School Committee agrees to make said benefit available to its employees as well.

 

Section G.                Salary Payment Schedule

 

Teachers shall have the following options of receiving their pay in:

 

1.         22 equal payments, OR IN

 

2.         26 equal payments or in equal payments with a lump sum payment on the first payroll period in July to include the amount that would have been paid in July and August.  The election must be made before the first day of the work period and shall be irrevocable for the year.

 

Section H.                Driver Education Salary Rate

 

The hourly rate for driver education teachers working beyond the regular school day shall be:

 

            $18.09 per hour

 

Section I.                  Travel Reimbursement

 

Any teacher whose regularly assigned duties require travel in excess of one (1) mile between school buildings shall be compensated for such travel at the IRS prevailing rate.

 

Each such teacher shall annually estimate his/her expenses to each town (Amherst and Pelham) for the succeeding year, and shall submit this estimate to the School Business Office before November 1st of the prior year.  Each such teacher shall also include in his/her application for travel reimbursement a record of points of departure and destination with mileage in between.  Amherst travel will be computed separately from travel to Pelham.

 

Section J.                 Extra Class Coverage

 

Regular teachers working as part-time teachers will be paid at the following rates:

 

For a 45-minute period – 2007-2008, $28.20.

For a 60-minute period – 2007-2008, $35.13.

 

For a 45-minute period – 2008-2009, $28.91; 2009-2010, $29.92; 2010-2011, $30.82.

For a 60-minute period – 2008-2009, $36.01; 2009-2010, $37.27; 2010-2011, $38.39.

 

Section K.                Extra Curricular Duties

 

The extra curricular activities program will be administered and supervised by the Superintendent and/or his/her designee under the following guidelines:

 

1.  Job descriptions will be available for each advisor or director for extra curricular activities.

 

2.  Appointment will be made annually following posting and receipt of applications for positions from interested persons.

 

3.  Plans of activities, developed by advisors and students, will be provided to the Principal each year for reviews.

 

4.  Annual evaluations of advisors and the effectiveness of each club or activity will be conducted.

 

Any teacher may be requested to accept or may request to be assigned one (1) or more of the following extra curricular duties.  No teacher shall be assigned such extra duties against his/her will.

 

The following annual salary differentials will be paid for extra curricular duties indicated:

 

Performing Groups

 

Music Ensemble Director

for each approved performance beyond the basic performance program:

 

9/1/07              9/1/08              9/1/09              9/1/10

PepBand       $203                $208                $215                $222


 

Drama

 

Director of Drama

9/1/07              9/1/08              9/1/09              9/1/10

Step 1                               $  910              $  933              $  965              $  994

Step 2                               $1163              $1192              $1234              $1271

Step 3                               $1424              $1460              $1511              $1556

 

Director of each major performance approved by the Superintendent or his/her representative.

 

9/1/07              9/1/08              9/1/09              9/1/10

Middle School                   $649                $665                $689                $709

Senior High                       $649                $665                $689                $709

 

Musical

9/1/07              9/1/08              9/1/09              9/1/10

Director                            $2330              $2388              $2472              $2546

Music                                $1223              $1254              $1297              $1336

Tech                                 $1107              $1135              $1174              $1210

Choreo                             $932                $955                $989                $1018

 

Debate and Forensics

 

Coach

9/1/07              9/1/08              9/1/09              9/1/10

Step 1                               $1424              $1460              $1511              $1556

Step 2                               $1685              $1727              $1788              $1841

Step 3                               $1938              $1986              $2056              $2118

 

Assistant Coach

9/1/07              9/1/08              9/1/09              9/1/10

Step 1                               $716                $734                $760                $782

Step 2                               $841                $862                $892                $919

Step 3                               $970                $994                $1029              $1060

 

  OR

At the Superintendent's discretion, eliminate Assistant Coach

position and pay as follows:

 

Head Coach

9/1/07              9/1/08              9/1/09              9/1/10

Step 1                               $1424              $1460              $1511              $1556

Step 2                               $1714              $1757              $1818              $1873

Step 3                               $1938              $1986              $2056              $2118

 

 

PLUS an additional stipend plus a given amount for each tournament attended beyond eight (8) tournaments, up to a set limit.

 

9/1/07              9/1/08              9/1/09              9/1/10

Stipend              $395                   $405                  $419               $432

Tournament

    Fee                               $104                $107                $110                $114

Limit                                 $462                $474                $490                $505

 

Student Publications

 

                        9/1/07               9/1/08              9/1/09              9/1/10

Advisor to Literary Magazine                     $364                $373                $386                $398

Advisor to School Newspaper

Editorial Advisor                           $919                $942                $975                $1004

Technical Advisor              $919                  $942               $975                $1004

Advisor to Student Yearbook

Middle School                               $919                $942                $975                $1004

Senior High                                   $919                $942                $975                $1004

 

Service Organizations/Student Government

 

Advisor to Student Council

 

9/1/07              9/1/08              9/1/09              9/1/10

Middle School                   $   977             $1001              $1036              $1068

Senior High                       $1723              $1766              $1828              $1883

 

Other Service Organizations approved by the Superintendent or

                          his/her representative...

 

9/1/07              9/1/08              9/1/09              9/1/10

$ 535               $ 548               $ 568               $ 585

 


Class Advisors

 

9/1/07              9/1/08              9/1/09              9/1/10

Advisors (2)

   to Senior Class               $888                $910                $942                $970

Advisors (2)

  to Grades 10-11             $634                $650                $673                $693

Advisor (1)

  to Grade 9                      $509                $522                $540                $556

Advisor (1)

  to Grade 8                      $385                $395                $408                $421

Advisor (1) 

  to Grade 7                      $385                $395                $408                $421

 

Interest and Affinity Clubs

 

Advisor to clubs approved by the Superintendent or his/her

                          representative.

 

9/1/07              9/1/08              9/1/09              9/1/10

$509                $522                $540                $556

 

Student Activities Treasurer

 

9/1/07              9/1/08              9/1/09              9/1/10

$634                $650                $673                $693

 


ATHLETICS

                                        INTERSCHOLASTICS ATHLETIC COACHES

                                                            SALARY SCHEDULE

                                                                             

 

                                 2007-08              2008-09                       2009-10                       2010-11

LEVEL I

Step 1                  3693                   3785                            3918                             4035

        2                  4021                   4122                            4266                             4394

        3                  4348                   4457                            4613                             4751

        4                  4697                   4814                            4983                             5132

        5                  5024                   5150                            5330                             5490

 

Football:  1 Head, 2 JV, 2 Middle School

                                                                                                                                                    

LEVEL II

Step 1                  2839                   2910                            3012                             3102

        2                  3091                   3168                            3279                             3378

        3                  3341                   3425                            3544                             3651

        4                  3613                   3703                            3833                             3948

        5                  3862                   3862                            3959                             4097

 

Basketball (B):  1 Head, 1 JV, 1 Freshman

Basketball (G):  1 Head, 1 JV, 1 Freshman

Ice Hockey:      1 Head, 1 JV

                                                                                                                                                    

LEVEL III

Step 1                  2248                   2304                            2385                             2456

        2                  2511                   2574                            2664                             2744

        3                  2788                   2858                            2958                             3046

        4                  3048                   3124                            3234                             3331

        5                  3326                   3409                           3528                             3634

 

Baseball:                    1 Head, 1 JV, 1 Freshman

Field Hockey:            1 Head, 1 JV, 1 Middle School

Lacrosse (B):             1 Head, 1 JV

Lacrosse (G):            1 Head, 1 JV

Soccer (B):       1 Head, 1 JV, 1 Freshman

Soccer (G)                1 Head, 1 JV, 1 Freshman

Softball:                     1 Head, 1 JV, 1 Middle School

Track (B):                 1 Head, 1 Asst.

Track (G)                  1 Head, 1 Asst.

Track (B&G)            1 Middle School

Wrestling:                  1 Head, 1 Asst., 1 Middle School

Swimming (B)            1 Head

Swimming (G)           1 Head

Swimming (B&G):     1 Assistant

 

LEVEL IV

                                 2007-08              2008-09           2009-10                       2010-11

 

Step 1                  1866                   1913                1980                             2039

         2                 2109                   2162                2237                             2305

         3                 2355                   2414                2498                             2573

         4                 2612                   2677                2771                             2854

         5                 2885                   2957                3061                             3152

 

X-Country (B):          1 Head

X-Country (G):          1 Head

X-Country (B&G):    1 Middle School

Gymnastics:         1 Head, 1 Asst.

Volleyball (B):           1 Head, 1 JV

Volleyball (G):           1 Head, 1 JV

Skiing (B):                 1 Head

Skiing (G):                 1 Head

Skiing (B&G):           1 Asst.

Ultimate Frisbee (B):  1 Head

Ultimate Frisbee (G): 1 Head

                                                                                                                                                       

 

LEVEL V

Step 1                  1625                   1666                1724                             1776

         2                 1883                   1930                1998                             2058

         3                2127                   2180                2256                             2324

         4                 2369                   2428                2513                             2589

         5                 2641                   2707                2802                             2886

 

Golf:               1 Head

Tennis (B):      1 Head

Tennis (G):      1 Head

 

LEVEL VI

                                 2007-08              2008-09           2009-10                       2010-11

 

Step 1                  1063                   1090                1128                            1162

         2                 1216                   1246                1290                             1329

         3                 1368                   1402                1451                             1495

         4                 1518                   1556                1610                             1659

         5                 1671                   1713                1773                             1826

 

Faculty Manager (3 seasons)                       1

Cheerleading/Pep Club (per season)            1 Head

Intramural (3 sections - full year)

                                                                                                                                                      

Athletic Director        (per season)

 

                                 2007-08              2008-09           2009-10                       2010-11

 

Step 1                  1334                   1367                1415                             1458

         2                 1500                   1538                1591                             1639

         3                 1666                   1708                1767                             1820

         4                 1833                   1879                1945                             2003

         5                 2000                   2050                2122                             2185

 

Additional ten (10) day contract for summer work, 60% release time.

                                                                                                                                                       Pool Supervisor

 

                            2641                   2707                2802                             2886

                                                                                                                                                       

Longevity:

 

10 Consecutive years in the same coaching position - $100.00

 

15 Consecutive years in the same coaching  position - $200.00

 

20 Consecutive years in the same coaching position - $300.00

 

**        Extended season compensation - If the regular season is extended, the head coach of that sport will be compensated at the rate of 10% of his/her total stipend for each week of post-season play or part thereof.

 

Placement on steps:

 

1.         All sub-varsity coaches will be paid seventy percent (70%) of a head coaches salary at the step determined by the Director of Athletics.

 

2.         Step movement is not automatic from one (1) year to the next.  Determination is made by the Director of Athletics through a recommendation to the Superintendent of Schools or his/her representative.

 

In-District Stipend

 

In addition to the regular stipend, a Coach who is also employed by a School Committee as a regular staff member will be entitled to an additional sum of $200, effective with the 1999-2000 school year.


 

Section L.   Teacher Salary Schedules

 

TEACHER CONTRACT 2007-2008

 

5

6

7

9

8

STEP

BA

MA

MA+30

MA+45

DOC

1

$34,867

$37,354

$39,836

$41,079

$42,321

2

$36,525

$39,011

$41,496

$42,734

$43,971

3

$38,182

$40,671

$43,151

$44,391

$45,630

4

$39,833

$42,321

$44,801

$46,045

$47,287

5

$41,592

$44,082

$46,565

$47,806

$49,047

6

$43,357

$45,835

$48,320

$49,564

$50,806

7

$45,113

$47,603

$50,080

$51,320

$52,562

8

$46,872

$49,361

$51,843

$53,087

$54,330

9

$48,634

$51,122

$53,603

$54,844

$56,087

10

$50,392

$52,877

$55,364

$56,606

$57,849

11

$52,653

$54,639

$57,120

$58,360

$59,597

12

$54,681

$57,000

$58,991

$60,228

$61,465

13

$56,998

$59,027

$61,351

$62,339

$63,325

14

 

$61,353

$63,376

$64,538

$65,697

15

 

 

$65,714

$66,848

$67,723

16

 

 

 

 

$70,067

 

 

 

 

 

 

 

LONGEVITY

 

 

 

 

$1,000

15YRS

 

 

 

 

$1,250

20YRS

 

 

 

 

$1,500

25YRS

 

 

 

 

$2,500

30YRS

 

 

 

 


 

1.              This schedule will be effective September 1, 2007.

 

2.              Placement on the next higher step or salary schedule will be based on satisfactory completion of service, formal training and/or professional growth activities approved by the Superintendent.

 

3.              Placement on the doctorate column will NOT be automatic with the earning of a doctoral degree from a college or university but will be subject to Superintendent's judgment of the value of the specific doctoral work to the district.  Potential candidates for doctoral salary placement may request and receive an advance and binding judgment on this matter from the Superintendent prior to completing a doctoral degree program.

 

4.              Summer work will be paid at teachers' regular per-diem rate.

 

5.              Longevity:  an additional payment of $1000 shall be added to a teacher's base salary for those teachers who have completed fifteen (15) years of satisfactory service in the Amherst-Pelham Region, Amherst, or Pelham Schools.  This longevity payment shall be $1250 after twenty (20) years and $1500 after twenty-five (25) years.

 

6.              Nurses will move through all steps of the Bachelors column, at the rate of one step per year in each year of this agreement.  A nurse who is certified as a school nurse, and who has a Master’s Degree in an area directly related to his/her responsibilities as a school nurse will be placed on the Masters column.  Effective 09/01/01, a nurse currently employed by the Committee will be moved one (1) step from where he/she was placed during the 2000-2001 contract year, and will move through the steps at the rate of one (1) step per year in each succeeding year of this agreement.

 


 

TEACHER CONTRACT 2008-2009

 

5

6

7

9

8

STEP

BA

MA

MA+30

MA+45

DOC

1

$35,739

$38,288

$40,832

$42,106

$43,379

2

$37,438

$39,986

$42,533

$43,802

$45,070

3

$39,137

$41,688

$44,230

$45,501

$46,771

4

$40,829

$43,379

$45,921

$47,196

$48,469

5

$42,632

$45,184

$47,729

$49,001

$50,273

6

$44,441

$46,981

$49,528

$50,803

$52,076

7

$46,241

$48,793

$51,332

$52,603

$53,876

8

$48,044

$50,595

$53,139

$54,414

$55,688

9

$49,850

$52,400

$54,943

$56,215

$57,489

10

$51,652

$54,199

$56,748

$58,021

$59,295

11

$53,969

$56,005

$58,548

$59,819

$61,087

12

$56,048

$58,425

$60,466

$61,734

$63,002

13

$58,423

$60,503

$62,885

$63,897

$64,908

14

 

$62,887

$64,960

$66,151

$67,339

15

 

 

$67,357

$68,519

$69,416

16

 

 

 

 

$71,819

 

 

 

 

 

 

 

LONGEVITY

 

 

 

 

$1,000

15YRS

 

 

 

 

$1,250

20YRS

 

 

 

 

$1,500

25YRS

 

 

 

 

$2,500

30YRS

 

 

 

 


 

1.              This schedule will be effective September 1, 2008.

 

2.              Placement on the next higher step or salary schedule will be based on satisfactory completion of service, formal training and/or professional growth activities approved by the Superintendent.

 

3.              Placement on the doctorate column will NOT be automatic with the earning of a doctoral degree from a college or university but will be subject to Superintendent's judgment of the value of the specific doctoral work to the district.  Potential candidates for doctoral salary placement may request and receive an advance and binding judgment on this matter from the Superintendent prior to completing a doctoral degree program.

 

4.              Summer work will be paid at teachers' regular per-diem rate.

 

5.              Longevity:  an additional payment of $1000 shall be added to a teacher's base salary for those teachers who have completed fifteen (15) years of satisfactory service in the Amherst-Pelham Region, Amherst, or Pelham Schools.  This longevity payment shall be $1250 after twenty (20) years and $1500 after twenty-five (25) years.

 

6.              Nurses will move through all steps of the Bachelors column, at the rate of one step per year in each year of this agreement.  A nurse who is certified as a school nurse, and who has a Master’s Degree in an area directly related to his/her responsibilities as a school nurse will be placed on the Masters column.  Effective 09/01/01, a nurse currently employed by the Committee will be moved one (1) step from where he/she was placed during the 2000-2001 contract year, and will move through the steps at the rate of one (1) step per year in each succeeding year of this agreement.

 


 

TEACHER CONTRACT 2009-2010

 

5

6

7

9

8

STEP

BA

MA

MA+30

MA+45

DOC

1

$36,990

$39,628

$42,261

$43,580

$44,897

2

$38,748

$41,386

$44,022

$45,335

$46,647

3

$40,507

$43,147

$45,778

$47,094

$48,408

4

$42,258

$44,897

$47,528

$48,848

$50,165

5

$44,124

$46,765

$49,400

$50,716

$52,033

6

$45,996

$48,625

$51,261

$52,581

$53,899

7

$47,859

$50,501

$53,129

$54,444

$55,762

8

$49,726

$52,366

$54,999

$56,318

$57,637

9

$51,595

$54,234

$56,866

$58,183

$59,501

10

$53,460

$56,096

$58,734

$60,052

$61,370

11

$55,858

$57,965

$60,597

$61,913

$63,225

12

$58,010

$60,470

$62,582

$63,895

$65,207

13

$60,468

$62,621

$65,086

$66,133

$67,180

14

 

$65,088

$67,234

$68,466

$69,696

15

 

 

$69,714

$70,917

$71,846

16

 

 

 

 

$74,333

 

 

 

 

 

 

 

LONGEVITY

 

 

 

 

$1,000

15YRS

 

 

 

 

$1,250

20YRS

 

 

 

 

$1,500

25YRS

 

 

 

 

$2,500

30YRS

 

 

 

 

 

 

 

 

 

 

1.              This schedule will be effective September 1, 2009.

 

2.              Placement on the next higher step or salary schedule will be based on satisfactory completion of service, formal training and/or professional growth activities approved by the Superintendent.

 

3.              Placement on the doctorate column will NOT be automatic with the earning of a doctoral degree from a college or university but will be subject to Superintendent's judgment of the value of the specific doctoral work to the district.  Potential candidates for doctoral salary placement may request and receive an advance and binding judgment on this matter from the Superintendent prior to completing a doctoral degree program.

 

4.              Summer work will be paid at teachers' regular per-diem rate.

 

5.              Longevity:  an additional payment of $1000 shall be added to a teacher's base salary for those teachers who have completed fifteen (15) years of satisfactory service in the Amherst-Pelham Region, Amherst, or Pelham Schools.  This longevity payment shall be $1250 after twenty (20) years and $1500 after twenty-five (25) years.

 

6.              Nurses will move through all steps of the Bachelors column, at the rate of one step per year in each year of this agreement.  A nurse who is certified as a school nurse, and who has a Master’s Degree in an area directly related to his/her responsibilities as a school nurse will be placed on the Masters column.  Effective 09/01/01, a nurse currently employed by the Committee will be moved one (1) step from where he/she was placed during the 2000-2001 contract year, and will move through the steps at the rate of one (1) step per year in each succeeding year of this agreement.

 


 

TEACHER CONTRACT 2010-2011

 

 

5

6

7

9

8

 

STEP

BA

MA

MA+30

MA+45

DOC

 

1

$38,100

$40,817

$43,529

$44,887

$46,244

 

2

$39,910

$42,628

$45,343

$46,695

$48,046

 

3

$41,722

$44,441

$47,151

$48,507

$49,860

 

4

$43,526

$46,244

$48,954

$50,313

$51,670

 

5

$45,448

$48,168

$50,882

$52,237

$53,594

 

6

$47,376

$50,084

$52,799

$54,158

$55,516

 

7

$49,295

$52,016

$54,723

$56,077

$57,435

 

8

$51,218

$53,937

$56,649

$58,008

$59,366

 

9

$53,143

$55,861

$58,572

$59,928

$61,286

 

10

$55,064

$57,779

$60,496

$61,854

$63,211

 

11

$57,534

$59,704

$62,415

$63,770

$65,122

 

12

$59,750

$62,284

$64,459

$65,812

$67,163

 

13

$62,282

$64,500

$67,039

$68,117

$69,195

 

14

 

$67,041

$69,251

$70,520

$71,787

 

15

 

 

$71,805

$73,045

$74,001

 

16

 

 

 

 

$76,563

 

 

 

 

 

 

 

 

 

LONGEVITY

 

 

 

 

 

$1,000

15YRS

 

 

 

 

 

$1,250

20YRS

 

 

 

 

 

$1,500

25YRS

 

 

 

 

 

$2,500

30YRS

 

 

 

 

 


 

1.              This schedule will be effective September 1, 2010.

 

2.              Placement on the next higher step or salary schedule will be based on satisfactory completion of service, formal training and/or professional growth activities approved by the Superintendent.

 

3.              Placement on the doctorate column will NOT be automatic with the earning of a doctoral degree from a college or university but will be subject to Superintendent's judgment of the value of the specific doctoral work to the district.  Potential candidates for doctoral salary placement may request and receive an advance and binding judgment on this matter from the Superintendent prior to completing a doctoral degree program.

 

4.              Summer work will be paid at teachers' regular per-diem rate.

 

5.              Longevity:  an additional payment of $1000 shall be added to a teacher's base salary for those teachers who have completed fifteen (15) years of satisfactory service in the Amherst-Pelham Region, Amherst, or Pelham Schools.  This longevity payment shall be $1250 after twenty (20) years and $1500 after twenty-five (25) years.

 

6.              Nurses will move through all steps of the Bachelors column, at the rate of one step per year in each year of this agreement.  A nurse who is certified as a school nurse, and who has a Master’s Degree in an area directly related to his/her responsibilities as a school nurse will be placed on the Masters column.  Effective 09/01/01, a nurse currently employed by the Committee will be moved one (1) step from where he/she was placed during the 2000-2001 contract year, and will move through the steps at the rate of one (1) step per year in each succeeding year of this agreement.

 


Section M.   Early Retirement Incentive Clause

 

A bargaining unit member who has completed twenty (20) or more years of service with the Committees, who intends to retire and gives such written notice to the Superintendent on or before December 1 of the school year prior to the fiscal year in which retirement will take place, and who gives such notice prior to reaching age 62 and who retires at the end of the school year shall be entitled to a one (1) time payment as an incentive to retire.  This one (1) time payment will be made on or before July 30th of the calendar year in which retirement takes place.  The retirement incentive payment made under this provision will not be considered regular earnings under Massachusetts General Law, Chapter 32 and, therefore, will not be subject to retirement deductions or any other provision of said General Law, Chapter 32.  The one time payment will be a percentage of the difference between the employee's regular annual salary at the time of retirement and the first step of the Bachelor's Column of the then current salary schedule.  The following percentages will apply:

 

            Age                         Percentage

(on Effective Date of

                                                   Retirement)

 

55                               100

56                                 90

57                                 80

58                                 70

59                                 60

60                                 50

61                                 40

62                                 30

 

For the 2002-2003 year only, Bachelor’s Step 1, for the purpose of this article, will be $29,651.

 

Section N.   Guidance Counselors

 

            Designated Guidance Counselors shall work additional days beyond the regular work year, as determined by the principal(s) and approved by the Superintendent, in order to complete necessary scheduling and other work.  Said personnel shall be paid at a per-diem rate for each day worked, and such pay shall be incorporated into their regular pay schedules for pay purposes.

 

Section O.  Middle & Elementary School Curriculum Leaders

 

            Middle School Curriculum Leaders shall be paid a stipend equal to that of Department Heads, without any evaluation responsibility.


 

            Elementary School Curriculum Leaders shall initially be paid a stipend of $500.00 per contract year.  At this stipend level, the expectation for these curriculum leaders is to attend curriculum meetings and report back to the faculty in their buildings.  In the event that the District chooses to use a model where the responsibilities not only include attendance at these curriculum meetings, but also working on the development and writing of curriculum, then the stipend would be $1,200 per contract year.  The District may utilize both types of positions at one time or decide on utilizing only one type of position at any one time.  The President of the Association shall be informed of the decision of the District.  Posting vacancies in these positions will describe the responsibilities and the appropriate stipend.

 

Section P.    Middle School Turning Points Coaches

 

            Middle School Turning Points Coaches will receive an annual stipend of $1,200. 

 

 

ARTICLE 15

ABSENCES, LEAVES AND VACATIONS

 

Section A.   Sick Leave

 

1.        Sick leave is intended to provide insurance against loss of income due to personal illness.

 

2.        Each full-time member of the teaching staff shall be entitled to fifteen (15) days of sick leave with full pay per contract year.  Such fifteen (15) days of sick leave shall exist as of the date of the contract for all teachers, including new teachers, provided that the new teacher is present to assume his/her contractual obligations.  In the event of non-appearance caused by illness or accident, such teacher's pay will be withheld, with due notification to the person and president of the Teacher's Association, pending the assumption of his/her contractual responsibilities.

 

3.        Such sick leave shall be cumulative up to a maximum of 215 days.  Sick days will be charged against the annual allotment of fifteen (15) days before the accumulated number is reduced.  The School Committee may grant additional leave beyond that accumulated.  Effective September 1, 1990, the maximum will be 230 days and effective September 1, 1991, the maximum will be 245 days.

 

4.        A physician's statement may be required for three (3) or more consecutive days of absence due to illness.


 

5.        Each part-time member of the teaching staff holding a contract to teach for more than half of any school year shall be entitled to sick leave benefits according to the provisions outlined below.

 

a.      The daily rate of pay determined by the contract conditions, and stated therein, shall pertain.

 

b.      The number of days of sick leave to which the teacher is entitled for a full time contract shall bear the same ratio to fifteen (15) days as his/her contract bears to the full time salary (at the appropriate step and pay scale) to which he/she would be entitled for full-time employment.  If a teacher's contract is for less than full time (school year), the number of days of sick leave to which he/she would be entitled for full time contract at part-time shall be reduced according to the ratio of the number of school days covered by the term of his/her contract to the number of school days in the school calendar approved by the School Committee and in effect on October 1st of the appropriate year.

 

c.      The terms and cumulative limit will be the same as that for full time staff members.

 

6.        Each teacher shall be informed by October 1st of each year the number of accumulated sick leave days he/she has on record.

 

7.        A bargaining unit member who has completed twenty (20) or more years of service with the Committees will, upon a voluntary termination of employment and if their accumulation of sick leave is at least 140 days, be compensated for their unused accumulated sick leave at the rate of $25 per day.  A voluntary termination will be limited to retirement and/or a normal resignation resulting from another employment opportunity.

 

8.        Employees are permitted to use ten (10) days of sick leave for the following:

 

           a.      birth of a child if the employee is the non-birth parent.

           b.      adoption of a child (if two [2] staff members are parents of the child, only one of the parents may use sick leave.);

           c.      serious medical condition of a family member within the scope of the FMLA;

           d.      serious medical condition for an individual where the employee is needed to care for them.

 

           In those cases involving section c and d above, the employee must produce a completed Department of Labor certification of serious health condition for the family member or individual before using the sick leave.

 

Section B.   Special Leave

 

1.        Special leave will be granted by the Superintendent to a maximum of four (4) days in any contract year, by reason of death in the immediate family of the teacher or of the teacher's spouse.  "Immediate Family" shall be interpreted to include a spouse, mother, father, brother, sister, son, daughter, grandparent, grandchild or a member of the immediate household.

 

2.        Special leave will be granted for the observance of religious obligations upon notification to the building principal.

 

3.        Such special leaves shall not be charged against sick leave.

 

Section C.   Professional Leaves

 

1.        Up to one (1) year of leave for professional improvement may be granted to any tenured member of the professional staff who:

 

a.      Has completed at least six (6) consecutive years of service within the school system or who, if they have previously had such a leave, have completed at least six (6) consecutive years of service within the school system from the day of return from their last such leave.

 

b.      Has received approval by the School Committee of his/her proposed professional improvement leave plan.

 

2.        Proposals for such leave may be for the development of new or improved teacher skills and/or instructional materials, techniques or methods that will benefit the school district.  These proposals may be accomplished by such means as:

 

a.      Research or investigation of, development of new methods, techniques, or materials applicable to teaching.

 

b.      Graduate study at an accredited institution of higher learning.


 

c.      Research leading to an advanced degree and/or publication by a recognized professional journal or organization.

 

d.      Travel.

 

e.      Internships.

 

3.        Applications for professional leave shall be submitted by letter to the School Committee through the Superintendent no later than November 1st preceding the school year for which the leaves are requested.  Each application shall include:

 

a.      A statement detailing the professional improvement program to be followed while on leave.

 

b.      A statement describing the benefits to be derived from the professional improvement program, upon its completion by the person requesting the leave and by the school system.

 

c.      A statement reflecting the staff member's understanding of his/her own professional contributions to the school system.

 

d.      If the leave is to complete an ongoing professional program, a statement describing the steps already taken toward accomplishment of the program.

 

4.        Request for professional leave may be approved or disapproved by the School Committee on the basis of such items as:

 

a.      Meeting the guidelines established herein;

 

b.      Appropriateness of the proposed leave activity;

 

c.      Evaluation of the applicant's performance in areas such as:

 

1.      teaching,

2.      strong positive level of cooperation with other staff members,

3.      curriculum production (such as courses of study to be used by his/her replacement),

4.      potential availability of temporary replacements.

 

5.        No more than five percent (5%) of the professional staff shall be granted leave at any one (1) time.

 

6.        Ordinarily, no more than one (1) member of any department or one (1) teacher under any elementary school principal may be granted such leave simultaneously, except where documentation exists that the effectiveness of any educational team at any level will not be impaired by the granting of additional leaves.

 

7.        Ordinarily, teachers granted professional leaves will return to the position they held prior to such leave.  However, when a change of assignment is necessary, such staff members will be consulted prior to the start of the school year of their return to staff.

 

8.        Compensation for professional leave shall ordinarily be:

 

a.      At full pay for one-half year, OR

 

b.      At half pay for one full year.

 

9.        Receipt of scholarship aid, research grants, or supplementary income from other sources related to the leave shall not influence the reimbursement for leave.

 

       10.        Failure to fulfill the terms of the approved proposal may result in forfeiture or reimbursement to the Amherst, Pelham or Regional School District of the amount of salary paid for the period of the leave.

 

       11.        A member of the professional staff accepting such leave shall enter into a written agreement with the School Committee requiring his/her return to service for a minimum period of twice the length of the leave taken.

 

       12.        Special requests may be made to the School Committee for a waiver of any portion of this section of the personnel policies.

 

       13.        If the Committee disapproves a request for professional leave, a written explanation will be provided to the applicant within fifteen (15) days of the decision to disapprove.

 

       14.        This section will not apply to registered nurses.

 

Section D.   Personal Leave

 

1.        Up to three (3) days of personal leave will be allowed for each full time member of the teaching staff.  Such leave will not be charged against sick leave.

 

2.        Additional personal leave, up to a combined maximum of fifteen (15) days may be granted by the School Committee.  Such additional leave may be charged against sick leave at the discretion of the School Committee.

 

3.        Personal leave will only be used to take care of personal, legal or family business when such business cannot be handled at any other time than during school hours and which is not authorized under any other provisions of this contract.

 

4.        The above policy shall not be used to gain extended vacation.

 

5.        Personal leave shall not be cumulative.

 

Section E.   Early Release

 

When early release is justified by consideration of professional improvement, a teacher may request release from teaching duties prior to the close of the school year.  This request may be granted by the School Committee if the teacher can demonstrate that arrangements have been made for fulfilling his or her school obligations.  When such a release does not require a substitute, it shall be granted without loss of pay, but for no more than five (5) school days.  If the services of a substitute are needed, the School Committee may vote to contribute to the cost of the substitute.

 

Section F.   Delay in Reporting

 

The School Committee may grant permission to a teacher serving in the system to delay reporting prior to the reporting of students for a period not to exceed two (2) days provided that

 

1.        The delay is caused by professional improvement activity, AND

 

2.        the curriculum commitment will be met as soon as possible during the school year.

 

Unavoidable or emergency caused delay in reporting prior to the reporting of students for a period not exceeding two (2) days may be allowed, providing that:

 

1.        The teacher involved has immediately informed the Superintendent of Schools by the most expeditious means available, AND

 

2.        the curriculum commitment will be met as soon as possible during the school year.

 

Neither of the above conditions shall be used to gain extended vacation.

 

Section G.   Leave of Absence

 

Any person who has served in the system for at least one (1) full year, may be granted up to one (1) year's leave of absence without pay for justifiable reasons.

 

1.        Requests for such leave shall be submitted in writing to the School Committee by April 1st of the year prior to the year in which the proposed leave would commence.  Requests for exceptions to this requirement may be granted by the School Committee.

 

2.        Such leave may be renewable at the discretion of the School Committee in periods not to exceed one (1) year.

 

3.        An individual on such leave MUST indicate to the Superintendent no later than April 1 his/her intent for the coming school year.  Failure to comply with the provision may result in loss of employment in the systems.

 

4.        The granting of such leave shall not alter the person's status in the system, except that the period of the leave may be counted in the computation of time in service for the purpose of advancement on a salary schedule but may not be used in the awarding of tenure.

 

Section H.   Parental Leave of Absence

 

         1.        A parental leave of absence shall be granted upon request to any employee for the purpose of giving birth to and/or rearing a newly born infant.  Further, a parental leave of absence shall be granted upon request to any qualifying employee for the purpose of the adoption, the foster placement, and/or rearing, of a newly adopted, or newly placed foster child, seven (7) years or younger, or in the case of a child who is physically or mentally disabled, twenty-two (22) years or younger.

 

           In order to qualify for the parental leave of absence:

 

           a.      As soon as practicable after the female employee determines that she is pregnant, she shall inform the building principal.

 

 

           b.      The employee must intend to return to work at the conclusion of the leave of absence.

 

           c.      The employee shall notify the Superintendent, in writing, at least 45 school days prior to the probable date said leave or disability is to commence or as soon as is practicable.  At the time of the notification, the employee shall select, in writing, one of the following options, if applicable:

 

(1)     Extended leave without pay not to exceed one year beyond the school year in which the leave commenced.  A female employee is entitled to use sick leave benefits for certified disability resulting from childbirth and recovery therefrom during the period of this leave.  Up to the first twelve (12) weeks of such leave shall be considered leave pursuant to the Family Medical Leave Act (FMLA), if the employee is eligible for FMLA leave.

 

(2)     Leave of twelve (12) weeks duration pursuant to the Family Medical Leave Act of 1993 (FMLA leave), depending upon the employee's eligibility.  A female employee is entitled to use sick leave benefits for certified disability resulting from childbirth and recovery therefrom during the period of this leave.  If the employee is not eligible for FMLA leave, but does not want an extended leave of absence, she is entitled to leave the length of her disability period, or eight (8) weeks leave pursuant to G.L. c. 149, §105D.

 

         2.        An employee on an extended leave pursuant to Section c (1) may return to work at the beginning of a school year or at the beginning of a term or grading period.

 

         3.        While an employee is on paid sick leave or FMLA leave, the Committee shall continue its contribution toward the employee's health insurance premium, provided that the employee makes timely payment of his/her contribution toward the health insurance premium.  An employee on an unpaid, non-FMLA leave of absence may continue his/her insurance coverage during the leave of absence provided that he/she pays 100% of the monthly premium.

 

         4.        Notice of Return to work

 

           a.      Extended leave:  An employee on an extended leave pursuant to Section 1 (c) (1) above shall notify the Superintendent by March 1 (if she/he were scheduled to return at the beginning of the school year) whether or not she/he is going to return to work at the beginning of the school year.  An employee on an extended leave pursuant to Section 1 (c) (1) above shall notify the  Superintendent by September 1 (if she/he were scheduled to return to at the beginning of the second semester).

 

           b.      FMLA Leave:  An employee on FMLA leave shall notify the Superintendent at least four (4) weeks prior to his/her scheduled date of return from leave whether or not she/he intends to return to work.


 

Section I.   FMLA Leave for Serious Health Condition

 

         1.        An eligible employee may be entitled to up to twelve (12) weeks of unpaid leave of absence per contract year due to his/her own serious health condition or the serious health condition of a member of his/her immediate family.  Fact sheets from the Department of labor which describe the terms of this leave are available from the Superintendent's office.

 

         2.        An eligible employee shall apply in writing for such leave at least four (4) weeks in advance of such leave, unless extenuating circumstances prevent such notice, in which case the employee shall provide as much notice as possible.  As part of the application, the employee shall submit a Department of Labor certification of a health care provider.  Copies of this form are available from the Superintendent's office.

 

         3.        While an employee is on approved FMLA leave, the Committee shall continue its contribution toward the employee's health insurance, if the employer is insured through school department provided that the employee makes timely contribution toward the health insurance premium.

 

         4.        The employee shall utilize all sick leave and vacation concurrently with the FMLA leave.

 

         5.        Prior to an employee's return from FMLA related to his/her own serious health condition, the Superintendent may require a fitness for duty certificate from the employee's health care provided.

 

Section J. Small Necessities Leave

 

An employee eligible for FMLA leave shall be entitled to up to twenty-four (24) hours of leave per contract year as provided by G.L. c. 149, '52D; a copy of the law may be obtained from the Superintendent's office.  When an eligible employee takes such leave, such leave shall be deducted from personal leave.

 

Section K.                Union Leave

 

Two (2) days per year of no more than two (2) APEA officers.  Said leave will be non-cumulative and non-transferable.

 

Section L.                 Military Leave

 

Military Leave will be granted according to the provisions of M.G.L.A. Chapter 33, Section 59.

 

Section M.               Jury Duty

 

Any employee covered by this agreement who is called to serve on jury duty during the school year on regular work days, will continue to receive his/her regular salary while serving said duty.  The employee will turn over all monies received from the court, exclusive of travel or any other allowance, to the School Committee.

 

Section N.                Five and Four Plan

 

The School Committee and the Association agree in concept to the implementation of a "five for four plan," according to which teachers may elect to serve for four (4) years at 80% of regular salary and receive a leave of absence for year five (5), also at 80% pay.  The parties agree to form a mutually-acceptable committee for further study of such issues as eligibility, taxes, retirement, and medical insurance.

 

 

ARTICLE 16

REDUCTION IN STAFF

 

In the event the Superintendent determines that a reduction in teaching staff is necessary, the release of teachers shall be in compliance with the applicable statutes of the Commonwealth of Massachusetts and in accordance with the following provisions:

 

Section A.                 Release

 

         1.        The Superintendent will notify the APEA one (1) week prior to taking action when a reduction in teaching staff is being proposed.

 

         2.        Normal attrition will first be used to offset staff reductions.

 

         3.        No teacher with professional teacher status certified and qualified for positions held by  teachers without professional teacher status will be released until such teachers without professional teacher status have been released.

 

         4.        RIS within specified areas:  When the position of a teacher with professional teacher status  must be eliminated by reason of RIS in an area designated by the Superintendent, the teacher with the least service to the district will be released.  If two (2) or more teachers have equal length of service, the release will be determined by the Superintendent evaluation of qualifications.


 

         5.        RIS Between Areas within a District:  A teacher with professional teacher status may replace another teacher with professional teacher status with less length of service to the district providing, in the Superintendent's judgment, the replacing teacher is certified and as qualified for the position as the teacher being replaced.  It will be the responsibility of all teachers to provide the Superintendent's office a copy of their certification and qualification documents.  Documentation teachers wish to submit for consideration must be on file in the Superintendent's office by March 1 each year.

 

           a.      In determining the qualifications of a teacher with professional teacher status being affected by a RIS decision, the Superintendent shall consider the teacher's area (s) of certification, past teaching experience within the last ten (10) years, especially in the school district, evaluations on record, educational preparation, and contributions to the district's affirmative action policy.

 

           b.      The length of service of a teacher shall be determined as of the first date of the teacher's continuous employment in the School District as a member of the bargaining unit covered by this Agreement, excluding time spent as a substitute or on an unpaid leave of absence, but including time spent as a temporary leave replacement.  No member of the bargaining unit who was employed by the School District in a position outside the bargaining unit prior to September 1,1992 shall have his/her seniority date changed by the operation of this Agreement.  However, bargaining unit members who have in the past served as temporary leave replacements will have their seniority dates adjusted to reflect such service, if continuous, and seniority lists will be revised to reflect that adjustment.

 

         6.        Teachers with professional teacher status who are on approved leaves shall be eligible for release due to RIS except for those on involuntary military leave.

 

         7.        Release due to RIS will be preceded by a written notice of RIS to the staff member as soon as possible following a RIS decision, but in no case later than April 15th, excepting for the provisions of Chapter 71, Section 42, in which case thirty (30) calendar days notice will be provided.  The written notice shall state that the teacher's release is due to a reduction in staff.

 

Section B.                     Recall

 

1.      Teachers with professional teacher status released due to RIS will be placed in a recall list for up to three (3) years, after which they shall have no recall rights.


 

2.      Teachers with professional teacher status shall be recalled in reverse order of release for new positions or positions that become vacant for which they are certified and qualified.  No new teachers will be hired for a position until all teachers on the recall list certified and qualified for that position have been recalled or declined the opening.

 

3.      Teachers with professional teacher status shall be notified of recall by certified mail return receipt requested, to their last address on record.  A teacher's failure to respond affirmatively within seven (7) calendar days after receipt of such a letter shall terminate the teacher's right to recall.  If the Superintendent's office is unable to contact a recalled teacher after ten (10) days, the next teacher on the recall list shall be recalled.  It will be the responsibility of the teachers placed on the recall list to keep the Superintendent's office informed of their current address.

 

a.        In the event that interim employment prevents a teacher's affirmative response, such teacher may elect to remain in the recall list for the remainder of the three (3) years but will be placed at the bottom of the order.

 

b.        In the event that a long-term illness or other medical disability verified by a physician prevents a teacher's affirmative response, such a teacher will remain on the recall list at the top of the order.

 

4.      While on the recall list, teachers with professional teacher status may receive the following benefits and no others:

 

a.        Teachers may continue to participate in the group health insurance plan of the school provided they pay the full costs of the insurance premiums.

 

b.        Teachers will receive first consideration for substitute teaching in areas for which they are qualified, providing such teachers give a written request for this consideration to the school Superintendent's office.

 

c.        Teachers while eligible for recall are protected by the grievance procedure as to matters in Article 17.

 

5.      Upon return to employment from the recall list, teachers shall receive all benefits to which they are entitled at the time of their release, as well as any new teacher benefits negotiated while they were on the recall list.

 

Section C.                 Definitions

 

1.      SCHOOL DISTRICT:  A school district is that domain which is the legal responsibility of a single school committee.

 

2.      CERTIFICATION:  Official certification by the Massachusetts Department of Elementary and Secondary Education.  For those exempted from certification requirements by the Massachusetts Department of Education, certification in this policy shall mean those areas in which such teachers have taught within the last ten (10) years.

 

 

ARTICLE 17

HEALTH & SAFETY

 

The School Committee recognizes its responsibility to provide a safe and healthy workplace, free from hazards or conditions which cause or which are likely to cause accident, injury or illness, and that it will act in a timely manner to correct such hazards or conditions.

 

The School Committee will continue to be responsive to requests for information from the Association and from individual members of the teaching staff regarding potentially unsafe or unhealthy working conditions.

 

The School Committee reaffirms that no teacher will be subjected to reprisal for filing a report of what s/he considers to be an unsafe or unhealthy working condition.

 

 

ARTICLE 18

DEPARTMENT HEADS

 

Section 1.                 Qualifications

 

Any Amherst-Pelham Regional School District teacher who is certified in a curricular area of a department may be considered for the position of Department Head.

 

Section 2.                  Appointment Procedures

 

Department Heads will be appointed for three-year terms by the Amherst-Pelham Regional Superintendent subject to the Department Head receiving satisfactory annual evaluations from the secondary administrators.  There will be no restriction on any teacher succeeding him/herself in the position of Department Head.  Regular appointments will become effective on September first following action by the Superintendent.

 

Special appointments to the position of Department Head may be made at any time a vacancy occurs, with such special appointments becoming effective and being terminated at the discretion of the Superintendent.


 

Section 3.                 Supervision and Evaluation

 

Department Heads are directly supervised and evaluated by the High School Principal.

 

Department Heads will receive written evaluations of their performance each year served.

 

Section 4.                 Teaching Load and Administrative Duties

 

A.        Secondary administrators will make every effort to relieve Department Heads of extra administrative duties which may include:

 

            1.         supervising study periods or open lab classes

            2.         supervising school grounds

            3.         supervising the cafeteria

            4.         supervising arrival and departure of buses

            5.         supervising corridors and lavatories

            6.         supervising homeroom on a regular basis

 

B.         There will be a total of up to 18 periods of released teaching time from the secondary schedule available for Department Heads.  Each Department Head will receive one, with the remaining number to be placed in a pool to be assigned, if needed, each year by the Secondary Curriculum Director.  No Department Head may be assigned less than thirty percent (30%) teaching assignment.  Individual departments, may propose shared leadership models.  The Superintendent retains the discretion to approve or disapprove the shared model proposals.

 

C.    Guidance and Special Education.  Effective August 31, 1991.  The total number of periods referenced in paragraph B will be increased to twenty (20) to provide two (2) periods for the Special Education Department Head.  Also effective August 31, 1991, the Guidance Department Head will be assigned a reduced (80%) counseling load.

 

D.    A general job description, which clearly delineates areas of concentration and focus, will be established. A specific job analysis for each Department Head will be developed and appended to the job description annually.  Any change in the general job description will be made after consultation with the Department Head Unit.  Any change in a specific job analysis will be made after consultation with the Department Head affected.

 

Section 5.                 Remuneration

 

The following base salary will be paid for the position of sole Department Head:

 

                                                   FY08                       1997

                                                   FY09                       2047

                                                   FY10                       2119

                                                   FY11                       2182

 

The following base salary will be paid each partner in a department utilizing a shared leadership model pursuant to Article 7B:

 

                                                   FY08                       1534

                                                   FY09                       1572

                                                   FY10                       1627

                                                   FY11                       1676

 

 

The following stipend will be paid for each teacher supervised:

 

                                                   FY08                       198

                                                   FY09                       203

                                                   FY10                       210

                                                   FY11                       216

 

The Chairperson of the Department Heads Council will receive a stipend of:

 

                                                   FY08                       537

                                                   FY09                       550

                                                   FY10                       570

                                                   FY11                       587

 

 

Section 6.            Merged or Eliminated Departments

 

In the event that the School Committee exercises their statutory right to eliminate a department or to implement a reorganization of staff and/or programs by way of a merger of existing departments, the School Committee, through the Superintendent of Schools, will meet with the Department Heads involved to discuss the impact of the elimination and/or merger.  Said discussions will include compensation based on a proration of the stipends listed in Section 5.

 


 

ARTICLE 19

NO DISCRIMINATION

 

In accordance with applicable federal and state laws, the Committee(s) and the Association agree not to discriminate against any employee covered by this Agreement on the basis of age, gender, race, religion, color, creed, residence, marital status, sexual orientation, disability, or national origin.

 

 

ARTICLE 20

AGENCY SERVICE FEE

 

The School Committee(s) and their Agents, in accordance with the provisions of M.G.L. Chapter 150E, Section 12, shall require as a condition of employment for each teacher who is not a member of the Amherst Pelham Education Association, Unit A/MTA/NEA, the payment of an agency service fee, said payment to be effective on or after the 30th day following the effective date of this Agreement on or after the 30th day of initial employment, whichever is later.

 

The amount of the service fee shall be equal to the pro rata cost of collective bargaining and contract administration as certified by the Amherst Pelham Education Association/MTA/NEA.  Teachers may have access to payroll deductions for the purpose of paying the agency service fee.  The APEA/MTA/NEA shall be responsible for notifying the Business Office of the amount to be deducted prior to the issuance of the first paycheck.

 

In the event that an employee fails or refuses to pay the agency service fee, the Association shall take appropriate legal action to collect the fee.  Any judgment against such an employee by a forum of competent jurisdiction as a result of such action shall include payment of the Association's costs and reasonable attorneys' fees.

 

Since the Association administers the agency service fee, any questions or concerns about the agency service fee shall be referred to the Association.  The Association shall indemnify the School Committee(s) and agents against any and all claims, demands, suits, damages, legal fees, or any other form of liability that may arise by reason of the School Committee(s)' compliance with the Agency Service Fee provisions of this Agreement, upon the following conditions:  (1) the School Committee(s) have complied fully and properly with these obligations under the Agency Service Fee provisions of this Agreement; (2) the Association retains the right to select or assign counsel of its choice in defending the School Committee(s) in such matters provided that such counsel consults with and/or keeps the Committees' regular counsel informed of litigation proceedings; (3) the School Committee(s) cooperate with counsel selected or assigned by the Association; and (4) the Association retains full control over the conduct of the case.  Failure to meet any of the foregoing conditions will relieve the Association of its obligation under this indemnification clause.  Any dispute over the Committees' compliance with these conditions is subject to arbitration under the provisions of Article 5.

 

This article will be effective September 1, 1999.

 

 

ARTICLE 21

TRANSPORTATION OF STUDENTS

 

Whenever possible, students will be transported to activities which take place away from the school buildings in authorized vehicles contracted for by the School District.

 

Teachers will not be required to drive pupils to such activities but may request permission to transport pupils in private vehicles when the size of the group is so small the use of a bus would be unjustified or contracted vehicles are not available.  Such requests must be approved by the appropriate building administrator.  In such instances, a mileage payment equal to the deduction currently allowed by the IRS will be paid for each approved vehicle.  The number of students transported will be limited to the state maximum for the vehicle used.

 

 

ARTICLE 22

STAFF TUTORING FOR REMUNERATION

 

Staff members shall not tutor public school students for remuneration when such tutoring is intended primarily to improve student performance in school programs.

 

Staff members may tutor local public school students for remuneration whenever such tutoring:

 

            1.         Is intended primarily to develop talents and skills beyond those pursued in regular school programs

 

AND

 

            2.         Is implemented through a self-supporting program formally approved by the Superintendent of Schools or his Assistant

 

AND

 

            3.         Complies in spirit and practice with those sections of the Code of Ethics included in this contract stating that:

 

                        a.         The educator shall not use professional relationships with students for private advantage.

 

                        b.         The educator shall not tutor for remuneration students assigned to his/her classes, unless no other qualified tutor is reasonably available.

 

 

ARTICLE 23

WORK-RELATED INJURY

 

Section A.                 Physical Assaults

 

Principals and teachers shall be required to report any alleged case of physical abuse on a teacher occurring while the teachers is on duty to the Superintendent of Schools.  The alleged assault will be promptly investigated by the principal and/or the Superintendent  At the conclusion of the investigation, the teacher will be promptly informed of the results of the investigation and of any action to be taken against an individual involved in an assault of a teacher.  Assaults on staff will be handled according to School Committee policy.  Nothing in this agreement shall preclude the reporting of such assault to the police and/or the court by the administration and/or the teacher assaulted.

 

If criminal or civil proceedings are brought against a teacher alleging that a physical assault was committed while acting within the scope of official duties or employment, the Committee will furnish and select legal counsel to defend the teacher in such physical assault proceedings, if so requested.  If the teacher desires to bring criminal or civil proceedings in connection with an alleged assault suffered while acting within the scope of official duties or employment, such teacher may request the Committee to furnish and select legal counsel to represent the teacher in such proceedings.  If the Committee does not provide such counsel and the teacher, after having so requested in writing, prevails in the proceedings, then the Committee will reimburse the teacher for reasonable counsel fees incurred.

 

The Committee will reimburse teachers for reasonable costs for:

 

            1.         Any clothing or other personal property damaged or destroyed in connection with such personal injury due to assault occurring in the course of employment less the amount of any insurance reimbursement; and

 

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

 

Section B.                 Workers Compensation

 

Whenever a teacher is absent form school as a result of an illness for which Workers Compensation is awarded, the teacher will be paid regular salary, less the amount received under Workers Compensation insurance, for the period of such absence and such absence will be charged to accumulated sick leave, to the extent that sick leave is required to pay the difference between the compensation award and the teacher's regular rate of pay.

 


 

ARTICLE 24

PRINCIPAL ADVISORY COMMITTEE

 

There will be established in each building of the Amherst, the Pelham and the Amherst-Pelham Regional School Districts, a Principal Advisory Committee, broadly representative of the staff, including teachers, paraprofessionals, and clerical/media staff, together with representatives of building administration.

 

The specific composition of each Advisory Committee will be determined at the building level, by collaborative agreement between the Principal and the Association representatives at the building, provided that: the Committee shall be broadly representative of the building staff.  Representatives of the teaching and other staff must be chosen by secret ballot election, supervised annually by the building Association representatives or their designees during the first two (2) weeks of the school year.  The Advisory Committee will then select a facilitator, who will be a building administrator, but who will otherwise be a member of the Advisory Committee.  At the option of the Advisory Committee, the facilitator position may rotate among members of the Committee.

 

These Advisory Committees will meet on a regular basis.  The agenda will be set and posted in advance of the meetings.  Any member of the staff may submit agenda items on any issue to the facilitator, and any member of the staff or of the Advisory Committee may make a presentation on any issue to the full Advisory Committee.  The Principal will have his/her permanent agenda item(s) and will facilitate that portion of the meeting.  Committee members will review each issue with their represented constituencies, and report back to the Committee before any action is taken on any proposal.  All decisions shall be made by consensus, defined as agreement that all participants have been fully heard and can accept the proposed decision as the best option possible under the circumstances.

 

The Advisory Committee will be an advisory body only, drawing upon the professional capabilities and experience of the staff of the Amherst, the Amherst-Pelham and the Pelham Schools, and providing two-way feedback on all educational and building matter.  The Advisory Committee will be without authority to modify provisions of this collective bargaining agreement, or School Committee policy, although it may make recommendations to the parties to this contract, and it shall be without power to modify state or federal law or regulation.  The Advisory Committee may make recommendations to the Principal about building based matters, but the decision of the Principal will stand, subject to the review of the Superintendent, if requested.  Nothing in this Article shall preclude an individual or the Association from utilizing the grievance procedure set out as Article 5 of this Agreement.

 


 

ARTICLE 25

DURATION OF THE CONTRACT

 

This Agreement shall continue in full force and effect from September 1, 2007 through August 31, 2008 and from September 1, 2008 through August 31, 2011.  Collective bargaining for a new agreement to become effective upon the expiration of this agreement may be reopened by either party by October 1st, 2010 by giving written notice to the other party.  If negotiations are not completed by August 31, 2011, the provisions of this agreement will remain in full force and effect until said successor agreement is executed.  Provided, however, either party can terminate this agreement after August 31, 2011 by serving written notice of their intent to terminate the agreement.  Said written notice must be served at least forty-five (45) calendar days prior to the actual termination.

 

 

ARTICLE 26

IMPLEMENTATION AGREEMENT

 

IN WITNESS WHEREOF the parties to this contract have caused these presents to be executed by their agents, hereunto duly authorized, as of the date first above written.

 

 

SCHOOL COMMITTEES:

 

 

_____________________________________________

Amherst Pelham Regional School Committee

 

 

_____________________________________________

Amherst School Committee

 

 

_____________________________________________

Pelham School Committee

 

 

AMHERST-PELHAM EDUCATION ASSOCIATION:

 

 

_____________________________________________

 


 

CODE OF ETHICS OF THE EDUCATION PROFESSION

 

PREAMBLE

 

The education, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurture of democratic principles.  Essential to these goals is the protection of freedom to learn and to teach the guarantee of equal educational opportunity for all.  The educator accepts the responsibility to adhere to the highest ethical standards.

 

The educator recognizes the magnitude of the responsibility inherent in the teaching process.  The desire for the respect and confidence of one's colleagues, of students, of parents and of members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct.  The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge conduct.

 

 

PRINCIPLE I

Commitment to the Student

 

The educator strives to held each student realize his or her potential as a worthy and effective member of society.  The educator, therefore, works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals.

 

In fulfillment of the obligation to the student, the educator:

 

1.      Shall not unreasonably restrain the student from independent action in the pursuit of learning.

 

2.      Shall not unreasonably deny the student access to varying points of view.

 

3.      Shall not deliberately suppress or distort subject matter relevant to the student's progress.

 

4.      Shall make reasonable effort to protect the student from conditions harmful to learning or  health and safety.

 

5.      Shall not intentionally expose the student to embarrassment or disagreement.

 

6.      Shall not on the basis of race, color, creed, sex, national origin, marital status, political or religious beliefs, or family, social or cultural background, sexual orientation, unfairly:

 

a.        Exclude any student from participation in any program;

 

b.        Deny benefits to any student;

 

c.        Grant any advantage to any student.

 

7.      Shall not use professional relationships with students for private advantage.

 

8.      Shall not disclose information about students obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.

 

 

PRINCIPLE II

Commitment to the Profession

 

The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service.

 

In the  belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions which attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons.

 

In fulfillment of the obligation to the profession, the educator:

 

1.      Shall not in an application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualification.

 

2.      Shall not misrepresent his/her professional qualifications.

 

3.      Shall not assist entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute.

 

4.      Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position.

 

5.      Shall not assist a non-educator in the unauthorized practice of teaching.

 

6.      Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law.

 

7.      Shall not knowingly make false or malicious statements about a colleague.

 

8.      Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or actions.


 

PLEASE SEE APPENDIX ______ TEACHER PROFESSIONAL DEVELOPMENT AND EVALUATION

 

APEA and School Committees' Negotiated

Procedures for Teacher Evaluation

 

Steps in the Evaluation Process

 

1.        Each teacher who has not yet attained professional teacher status will be evaluated formally by an assigned administrator, usually a building administrator, each year.  Administrators will evaluate teachers who have attained professional teacher status at least once every two years.  A three year cycle may be used in those buildings where the principal is the only administrator.

 

2.        At the beginning of each evaluation cycle or at the beginning of the year in which a teacher will be evaluated, the evaluator will meet with the teacher to establish focusing objectives for the evaluation.  At the secondary level, department heads may join this meeting.  The focusing objectives will include at

least one objective that contributes to the goals for Becoming A Multicultural School System.  Both the teacher and the evaluator may propose objectives for the evaluation cycle, including goals that address suggestions for improvement from prior evaluations.

 

3.        The evaluation of a teacher will consist of two parts: evaluation of progress on the focusing objectives; and evaluation of the performance of a teacher in carrying out the responsibilities of his/her position.  The evaluation criteria for the latter were adapted from the Department of Education's Principals of Effective Teaching:

 

Currency in the Curriculum or professional practice area

Effective Planning and Assessment of Curriculum and Instruction

Effective Instruction

Effective Management of Classroom/Work Environment

Promotion of High Standards and Expectations for Student Achievement

Promotion of Student Confidence, Perseverance and Enthusiasm for Learning

Promotion of Equity and Appreciation of Diversity

Fulfillment of Professional Responsibilities

Suggestions for Improvement

Additional Comments

 

4.        In each evaluation cycle, administrators will complete a minimum of one formal observation of the teacher in carrying out his/her primary responsibilities.  The administrator will hold a pre-conference with the teacher prior to a formal observation to discuss the lesson the administrator will observe.  A teacher may request a second formal observation.  A formal observation will last a minimum of 30 minutes.

 

5.        Department Heads will conduct a least one formal observation of the members of their department each year.  (This responsibility is currently under review with the department heads.)

 

6.        The teacher shall be provided with copies of all observation reports including peer observations, prior to the final evaluation.

 

7.        When the administrator writes an evaluation, s/he will incorporate information from all observations carried out during the evaluation cycle and attach all observation reports to the evaluation.  The administrator will hold a post-evaluation conference with the teacher to discuss the evaluation.  The teacher will sign the evaluation to indicate that s/he has received and read it.  The teacher may add written comments on the evaluation.

All teachers will be given a copy of the evaluation report after the conference.

 

8.        All evaluations must be written on the attached Evaluation Form and administrators will utilize the standard Observation Form for their formal observation reports.

 

9.        Evaluation reports for teachers who do not have Professional Status must be submitted to the superintendent by May 1.  Evaluation reports for teachers with professional status are due to the superintendent by May 1 as well.


 

Memorandum of Agreement

 

Health Insurance

 

 

The Amherst School Committee, the Pelham School Committee and the Amherst-Pelham Regional School Committee (hereinafter “the Committees”) and the Amherst-Pelham Education Association (hereinafter “the Association”) are parties to Collective Bargaining Agreements covering teachers and other professional employees (Unit A), clerical and media employees (Unit B) and paraprofessional employees (Unit C) employed by the Committees.

 

In recognition of a substantial deficit in the Health Claims Trust Fund, maintained by the Town of Amherst to fund health insurance coverage for employees of the Committees, the parties have met and negotiated over the matter of health insurance programs and premiums offered to employees represented by the Association.  The parties hereby record the agreements reached pursuant to those negotiations, as follows:

 

1.              Effective January 1, 2006, the Blue Cross/Blue Shield Master Medical program offered to employees will be terminated.  Employees will be eligible to elect PPO coverage under either the Blue Cross/Blue Shield Blue Care Elect PPO or the Harvard Pilgrim Health Care PPO, or to elect HMO coverage under the Harvard Pilgrim HMO or Blue Cross/Blue Shield Network Blue New England HMO.

 

2.              Employees who elect coverage under the Blue Care Elect PPO will pay 25% of the premium, and the Committees will contribute 75%, effective January 1, 2006.  Employees who elect coverage under the Harvard Pilgrim PPO will pay 20% of the premium, and the Committees will contribute 80%, effective January 1, 2006 through June 30, 2006.  Effective July 1, 2006, employees who elect coverage under the Harvard Pilgrim PPO will contribute 25% and the Committees will contribute 75% of the premium.  Pharmaceutical and other co-pays, and deductibles will be maintained at the same level as those proposed as of the execution of this Memorandum, except that Harvard Pilgrim PPO co-pays and deductibles will be maintained at current levels.

 

3.              Effective January 1, 2006, for employees who elect coverage under the Harvard Pilgrim HMO or the Blue Cross/Blue Shield Network Blue New England HMO, the Committees will pay a dollar amount equal to 75% of the cost of the Blue Cross/Blue Shield and Harvard Pilgrim PPO plans, with the balance to be paid by the employee.  Pharmaceutical and other co-pays and deductibles will be maintained at the same level as proposed as of the execution of this Memorandum.

 

4.              Effective January 1, 2006, the parties agree to establish a Section 125 Flexible Spending Account plan, to enable eligible employees to set aside pre-tax funds through payroll deduction to cover the cost of childcare, co-pays, prescription eye-glasses, and

 

                        over the counter medications, as may be allowed by appropriate Internal Revenue Service Regulations.

 

5.              All PPO and HMO premiums will include a 5.24% surcharge, to be divided according to the premium share for the plan paid by the committees and the employee, to be maintained for 18 months, or until the deficit in the Health Insurance Trust Funds has been amortized, as required by Department of Revenue Regulations.

 

6.              By the terms of this Memorandum, the parties have agreed to amend the terms of Article 14 of the Unit A Agreement, Article 22 of the Unit B Agreement, and Article 13 of the Unit C Agreement, to the extent necessary to give force to this Memorandum.  All other provisions of the Collective Bargaining Agreements will remain in full force and effect.  The terms of this Memorandum may be enforced by the grievance and arbitration provisions of the appropriate Collective Bargaining Agreement covering Unit A, Unit B and/or Unit C.

 

7.               This Memorandum will be effective upon execution by the parties.

 

Signed on this ___ day of December, 2005:

 

 

On behalf of the Amherst-Pelham                                                  On behalf of the Amherst Pelham

Education Association:                                                                  Regional School Committee

 

 

                                                                                                     ___________________________

 

 

On behalf of the Amherst School                                                   On behalf of the Pelham School

Committee:                                                                                   Committee:

 

 

                                                                                                    ___________________________

 


MEMORANDUM OF AGREEMENT

 

 

The Amherst-Pelham Education Association and the Amherst-Pelham Regional School Committee and the Pelham School Committee, recognizing not only that the structure of the teaching day at the Regional High School and the Regional Middle School is subject to continuing discussion and modification, but also that the staff assigned to said schools can and should be entitled to a defined workload and structure of assignments, hereby enter into the following agreements, in addition to those contained in the Collective Bargaining Agreement, dated September 1, 2008 through August 31, 2011.

 

1.  At the Regional High School, teachers will be assigned to no more than ten (10) courses per year, with no more than four (4) courses per trimester.  A teacher who volunteers to teach an eleventh (11th) course in a year will receive an extra 10% of his/her salary as compensation.  A teacher assigned to a fourth course will be relieved of any administrative assignment for that trimester.

 

(a)     To the extent that the Committee creates and funds tutorial positions, teachers may be assigned to teach a tutorial as their tenth (10th) course.  Tutorials meet for two class periods per school week and are for the duration of the school year.

 

(b)     Tutorial positions, if created and funded, shall be posted for five (5) school days in the teachers’ lounges and workrooms.  Qualified and interested teachers may apply for a tutorial assignment.  All applicants will be considered for such assignment.

 

2.  Effective with the 2009-2010 School Year, teachers will be assigned no more than the equivalent of five (5) teaching periods per day.  For team teachers, one of those teaching periods will be utilized as team planning period.

 

            3.         The parties recognized that the teaching schedule at the Regional High School is the subject of ongoing evaluation, following the process detailed in item #4 of the Memorandum of Agreement.  The parties further agree that the Leadership Team, including the Principal, at the Middle School will be charged with reviewing and modifying the Middle School will be charged with reviewing and modifying the Middle School schedule, with a final report due no later than January 15, 2009, said report to be referred to the Joint Committee on Labor Relations, which will expedite consideration of the report.

 

4.  The parties agree that before any change in the instructional schedule at the Regional High School or the Regional Middle School the following process shall have been completed:

 

 

(a)     A proposed change may be initiated by a teacher, a group of teachers, or by the principal or Superintendent.

 

(b)     The initiator(s) of the change will describe the nature of the change and the rationale for said change, and provide data supporting the requested change.

 

(c)     Administration and faculty will meet to discuss the proposed change.

 

(d)     All parties must agree whether the process of evaluating the proposed change should continue.

 

(e)     If such agreement is reached, then the parties agree to refer the matter to the Joint Committee on Labor Relations.  Said Committee will forward its recommendations and the rationale therefore to the parties.

 

(f)      No change which involves a mandatory subject of bargaining shall be implemented until negotiated and ratified by the parties.

 

Signed on this ______________________, 2005:

 

 

On behalf of the Amherst-Pelham                                                  On behalf of the Amherst Pelham

Education Association:                                                                  Regional School Committee

 

 

                                                                                                     ___________________________

 

 

On behalf of the Amherst School                                                   On behalf of the Pelham School

Committee:                                                                                   Committee:

 

 

                                                                                                    ___________________________

 


MEMORANDUM OF AGREEMENT

 

 

The Amherst-Pelham Education Association and the Amherst Pelham Regional School Committee, the Pelham School Committee and the Amherst School Committee, desiring to provide a means for improving communication between them, hereby agree to the establishment, on a trial basis, of a Joint Committee on Labor Relations.

 

Said Committee will consist of four (4) Association representatives, appointed by the President of the Association, and four (4) representatives of the School Committees, which shall include the Superintendent of Schools.  The representatives may be accompanied by representatives of their own choosing at any meeting.

 

The purpose of the Committee shall be: 1) to foster cooperative labor management relations through improved communication;  2) to seek to resolve issues which may arise which are of interest to the parties; and 3) where appropriate and mutually agreeable, to enter into agreements to effectuate the purposes and terms of the collective bargaining agreement.

 

The parties agree that meetings of the Joint Committee will be scheduled at least four (4) times per school year, with agenda items to be submitted in advance.   Matters to be discussed may include, but will not be limited to, teacher professional development, curriculum, system-wide goals, and other matters of mutual interest.

 

If no agenda items are submitted, meetings may be canceled; meetings may also be added if the parties agree to do so. Otherwise, procedures governing the conduct of meeting will be established by the Joint Committee.

 

This agreement shall be subject to annual review and revision.  Should either party desire to terminate this agreement prior to the annual review, it will notify the other party of its reasons for doing so.  A proposal to terminate this agreement will not be effective for at least thirty (30) days, during which period the parties agree to meet at least once to discuss the matter and attempt to resolve it.  At the conclusion of the thirty(30) day period, the proposal to terminate may be withdrawn or implemented.

 

Signed on this ______________________, 2005:

 

On behalf of the Amherst-Pelham                                                     On behalf of the Amherst Pelham

Education Association:                                                    Regional School Committee

 

 

                                                                                                     ___________________________

 

 

On behalf of the Amherst School                                                      On behalf of the Pelham School

Committee:                                                                    Committee:

 

 

                                                                                                    ___________________________