Danvers

Show detailed information about district and contract

DistrictDanvers
Shared Contract District
Org Code710000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2017
Expired StatusCurrent
Superintendency UnionDanvers
Regional HS MembersDanvers
Vocational HS MembersNORTH SHORE/ESSEX
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityeconomically developed suburbs
Number of Schools7
Enrollment3608
Percent Low Income Students17
Grade StartPK
Grade End12
download pdf version of this document view accessible version of this document Danvers

 

 

 

 

AGREEMENT FOR

 

UNIT A

 

BETWEEN THE

 

DANVERS TEACHERS ASSOCIATION

 

AND THE

 

DANVERS SCHOOL COMMITTEE

 

Effective

 

July 1, 2014

to

June 30, 2017

 

PREAMBLE

 

Recognizing it is the responsibility of the Danvers School Committee to provide education of the highest possible quality for the children of Danvers and that good morale within the teaching staff of Danvers is essential to achievement of that purpose, we, the undersigned parties to this Agreement declare that:

 

1.         Under the law of Massachusetts, the Committee, elected by the citizens of Danvers, has final responsibility for establishing the educational policies of the public schools of Danvers.

 

2.         The Superintendent of Schools of Danvers (hereinafter referred to as the Superintendent) has responsibility for carrying out the policies so established.

 

3.         The teaching and nursing staff of the public schools of Danvers shares with the Committee the responsibility for providing education and health services of the highest quality in the classroom of the school.

 

4.         Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the Committee, the Superintendent and the Association.

 

5.         To give effect to these declarations, the Committee and the Association agree as follows:

 

ARTICLE 1 – RECOGNITION

 

For the purpose of negotiating collective bargaining agreements with respect to wages, hours, and other conditions of employment, and for resolving any questions arising thereunder, the Danvers School Committee, hereinafter referred to as the Committee, recognizes the Danvers Teachers Association, hereinafter referred to as the Association, as the exclusive bargaining agent and representative for a unit composed of:

 

Teachers,

Specialists,

Guidance

Counselors,

Librarians and other professional media personnel,

Assistant(s) to the Principal(s), Social Workers, Nurses

and all other Personnel whose duties are primarily teaching.

 

B.         Unless otherwise indicated, the employees in the above unit hereinafter will be referred to as "teachers".

 

C.         Specifically excluded from the unit are the Superintendent, Assistant Superintendent, Directors, Principals, Secondary Assistant Principals, Coordinators, Department Heads, and the Manager of Administration and Finance.

 

D.        If a member of the bargaining unit resigns, retires, or dies during the work year or is expected to be absent on leave for at least one-half of the teacher work year, then a substitute teacher hired to fill in for such absent teacher shall, commencing with her/his 91st school day school day, be a member of the bargaining unit.

 

ARTICLE 2 - MANAGEMENT RIGHTS AND RESPONSIBILITIES

Except as specifically limited by this Agreement, the Committee retains all of the powers, rights and duties that it has by law pursuant to MGL c. 71, as amended by the Education Reform Act of 1993 and any amendments thereto, and may exercise the same at its discretion without any such exercise being the subject of the grievance and arbitration procedures. Specifically, these powers, rights and duties include, without being limited to:

1.         directing and controlling the use of school facilities;

2.         selecting, assigning and employing personnel;

3.         evaluating personnel;

4.         obtaining and contracting for materials, services, supplies and equipment consistent with budgetary resources and educational needs;

5.         establishing curriculum, student discipline policies and safety regulations with input from the Danvers Teachers Association; and

6.         purchasing educational materials, text books, software and library reference materials consistent with applicable state law and with input from the Danvers Teachers Association and its members.

The failure of the Committee to exercise any of the rights as provided in this Article shall not be construed as a waiver of these rights. None of these rights shall be exercised by the Committee contrary to any provisions of this Agreement.

ARTICLE 3 - GRIEVANCE PROCEDURE

A.        Definition

A "grievance" is any question as to the interpretation and/or application of this Agreement, or any subsequent agreement entered into pursuant to this Agreement.

B.         Purpose

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

2.         Nothing herein contained will be construed as limiting the right of any teacher having a complaint to discuss the matter informally with any appropriate member of the administration, and having the complaint adjusted without intervention of the Association, providing the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present and to state its views at such adjustment if acceptable to the individual.

C.        Procedure

A grievance shall be initiated within 20 school days of the event giving rise to the grievance or the grievant's knowledge thereof.

Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as maximum and every effort should be made to expedite the process. The time limits specified can, however, be extended in writing by mutual agreement.

If a grievance left unresolved until the beginning of the following school year could result in irreparable harm to the grievant, the time limits set forth herein will be reduced so that the grievance procedure may be exhausted prior to the end of the school term or as soon thereafter as is practicable.

1.         Level One. A teacher with a grievance will first discuss it with his principal or immediate supervisor either directly or through the Association with the objective of resolving the matter informally.

2.         Level Two. If the grievance is not resolved to the satisfaction of the grievant within five (5) school days, the Association President may submit, in writing, the grievance to the Superintendent. The written statement of the grievance shall include: (1) the basic facts pertinent to the grievance and (2) provision(s) of the Agreement claimed to be relevant to the grievance. By providing such information in writing, the Association waives no rights to present additional pertinent facts and/or to cite additional provision(s) of the Agreement during the processing of the grievance. Within five (5) school days after the receipt of the written grievance, the Superintendent and/or his/her authorized representative shall meet with the aggrieved employee and not more than three (3) Association representatives in an effort to resolve this matter.

3.         Level Three. If the grievance is still unresolved within ten (10) school days after said meeting, the Association President may submit, in writing, the grievance to the Committee. At the next regularly scheduled meeting of the School Committee or within thirty (30) days after receipt of the written grievance, whichever is sooner, the School Committee shall meet with the aggrieved employee and Association representative in an effort to resolve this matter, said meeting to take place in executive session one-half hour prior to the start of the regular meeting of the Committee. All meetings at this level shall include only parties in interest and their authorized, designated representatives.

4.         Level Four. If the grievance cannot be resolved by and between the Committee, the aggrieved employee, and the Association within fifteen (15) school days after the meeting held in Level Three, then the matter may be submitted for arbitration within ten (10) school days thereafter by either the Committee or the Association with the American Arbitration Association in accordance with its labor arbitration rules or with the State Board of Conciliation and Arbitration in accordance with its rules. The arbitrator cannot add to, detract from, or otherwise modify the terms of this Agreement or any subsequent agreement entered into pursuant to this Agreement. The decision of the Arbitrator shall be final and binding on the parties. The cost (fee and expenses) of the arbitrator shall be borne equally by the parties. Either party, at its own expense, retains its right of appeal as provided in Chapter 150C of the General Laws.

D.        Rights of Teachers to Representation

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

E.         Miscellaneous

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

2.         Decisions rendered at Levels One, Two and Three of the grievance procedure may be in writing setting forth the decision and the reasons therefore, if requested by the aggrieved, and will be transmitted promptly to all parties in interest and to the Association President. However, for any grievance resolved at Level One, Two or Three to the mutual satisfaction of the grievant and the parties, said resolution shall be reduced in writing and delivered to all parties in interest, including the Superintendent and the President of the Association.

3.         All documents, communications and records dealing with the processing of the grievance will be filed separately from the personnel files of the grievant. It is understood that any such records maintained will be solely for historical information and shall not be used against any employee in any way.

4.         When it is necessary for one representative of the Association and/or the grievant to attend a grievance meeting or hearing at any level of the grievance procedure that is held during the school day, he/she will, upon notice by the Association President to the building principal or immediate supervisor and to the Superintendent, be released from normal responsibilities without loss of pay in order to participate in said meeting(s) or hearing(s).

 

ARTICLE 4 - SALARIES

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

B.         Teachers will have the option of either of the following pay plans:

1.             26 Pays. Each teacher will be paid in twenty-six (26) equal installments between September 1 and August 31 with first 21 pays on alternate Thursdays and the balance of her/his earned pay (installments 22-26) on the last teacher workday of the school year upon satisfactory check-out with her/his building principal.

2.         22 Pays. In lieu of the above plan, upon submitting written notice to the Superintendent by June 15 of any given year, any teacher may elect to be paid in twenty-two (22) equal installments between September 1 and the end of the teacher work year with the first 21 pays on alternate Thursdays and the last pay on the last teacher workday of the school year upon satisfactory check-out with her/his building principal.

NOTE:       Should any employee erroneously receive monies to which the employee is not entitled, the employee shall forthwith reimburse the Town upon demand for reimbursement of such monies.

C.         An employee who works at least one-half of the school year shall advance to the next step of the salary schedule of her/his appropriate column. This provision applies to new hires who commence employment after the start of the school year and to a teacher on an extended leave for part of the school year, except as otherwise specified in this Agreement for any extended leaves.

D.        Teachers who submit appropriate documentation (transcript or letter of successful completion of the course or program, with transcript to follow if applicable) for column movement and/or Appendix C differentials shall be eligible for the additional compensation based on the following table:

Date of Submission:                                  Effective Date of Additional Compensation

Prior to August 31                                        First pay date of the school year

After August 31, but prior to November 10     First pay date in December

After November 10, but prior to February 10  First pay date in March After February 10,

but prior to May 10                                      First pay date in June

Retroactive compensation shall be paid so that total compensation due is consistent with the actual date of submission, but actual changes shall only be made effective on the dates indicated above. However, anyone eligible for column movement or an Appendix C differential who does not submit her/his documentation by May 10 shall not be eligible for additional compensation in the then current fiscal year.

E.         Teachers will receive their checks directly from the principal or assistant principal between the hours of 12:00 noon and the end of the teacher workday, so long as no teachers' teaching duties will be interrupted or interfered with in any way.

F          Salaries excluding those set forth in Appendix A will be paid by separate checks.

G.         The substitute teacher who becomes a unit member in accordance with the terms of Article 1, Section D, shall be paid as of the first day of her/his position at the appropriate rate on the salary schedule as if said teacher had been originally employed as a full-time teacher in the Danvers School System.

 

ARTICLE 5 - TEACHING HOURS AND TEACHING LOAD

A.        1.         The workday of each teacher shall consist of seven (7) hours and twenty-five (25) minutes of continuous time for school year. Said workday to begin no earlier than 7:20 a.m. and to end no later than 3:10 p.m. Some of this additional time, if necessary to provide adequate passing time between classes, may be added to the student day; it is understood, however, that this additional time will not be used as instructional time. In the event there is a shift from Eastern Standard Time to Daylight Savings Time during the period of November 1 to April 1, the workday ending time is subject to modification by the Superintendent, said ending time to be extended by no more than one (1) hour beyond the aforementioned 3:10 p.m.

2.         At the Middle School and High School level, said workday shall include at least forty (40) minutes of combined time daily of teacher presence before the students' formal starting time and after the students' dismissal time, said forty (40) minutes to include at least ten (10) minutes before the formal starting time for students.

3.         At the elementary level, said workday shall include at least seventy (70) minutes of combined time daily of teacher presence before the students' formal starting time and after the students' dismissal time, said seventy (70) minutes to include at least thirty (30) minutes after the dismissal time for students, thirty (30) minutes of which shall be for the purposes of conducting parent conferences and co-operative planning by teachers in order to meet more effectively the individual needs of students.

4.         The Superintendent and President shall meet as may be necessary with respect to any problem(s) that may arise regarding teaching an extra periods (D-2) or having a fourth preparation (D-3) in an effort to resolve any such problem(s).

5.         Personnel other than classroom teachers will work their assigned tasks for the length of the regular teacher's workday. It is recognized, however, that the proper performance in a particular position may require the individual filling said position to work other than the normal working day. The exact daily schedule will be worked out on an individual basis.

6.         Extended Block ("Flex-time") See Settlement Agreement #5, p. ii and iii.

7.         Early Release Days - The Committee may convert early release days to full student days to augment instructional time except on the first 3 days of school in September and the last school day in June, subject to no loss of the credit benefits in paragraph 5 of Section A of Article 6 - Time and Learning.

B.        1.         Teachers may be required to remain after the end of the regular workday, without additional compensation, for up to one (1) hour to attend staff meetings. Said meetings shall be scheduled to start after the dismissal of students, and there will be no increase in the length of time of said meetings as a result of the earlier start of the meetings. Part-time personnel will be expected to fulfill their professional obligations, specifically in reference to Sections a. and b. below and H. 1. of this Article, in proportion to their part-time status.

Staff meetings are:

a.         Two days each month - One Building Meeting called by the school principal (the traditional monthly faculty meeting) and one Building Meeting for discussing and resolving site-based issues.

b.         One day each month - Curriculum Meetings or other meetings authorized by the

Superintendent. In addition to the foregoing curriculum meetings or other meetings authorized by the Superintendent, the Superintendent or her/his designee(s) may conduct curriculum meetings an additional five (5) hours per school year. The additional five hours may be utilized to extend any of the foregoing curriculum meetings by an additional hour (with no such curriculum meeting exceeding 2 hours in length except by mutual agreement) or as a separate additional one-hour or two-hour curriculum meeting. For each hour of these additional curriculum meetings teachers at an elementary school(s), the Middle School or the High School attend, there shall be corresponding release time for students of those teachers affected.

c.         No such meeting in "a" or "b" above shall continue beyond 4:05 p.m.

2.         Teachers may be required to attend two (2) evening meetings each year in order to provide for an open house at the teacher's assigned school.

3.         Attendance at all other evening meetings will be at the option of the individual teacher.

C.        Teachers will have a duty-free lunch period of at least the following lengths:

1.         Elementary School (Grades K through 5) - thirty (30) minutes.

2.         Middle School - Equivalent to students' Lunch Period.

3.         Senior High School - Equivalent to students' Lunch Period.

NOTE: Lunch periods will begin no earlier than 11:00 a.m.

D.         1.         Each Middle and Senior High School teacher will not be assigned more than seven (7)

a.         periods per day, consisting of the following:

b.         At least one free period ;Not more than 5 student supervision periods* (except as provided in "c" or "d" below); and

*NOTE:     At the Middle School one student supervision period per six day cycle shall be designated for either the advisor/advisee program or for an activity period program (as may be determined from time to time). This period shall be rotated so that each teacher will teach no more than 5 classes per day (including the advisor/advisee program and the activity period program) except on those days 1) when such program is scheduled on a teacher's free period, in which event the teacher will have her/his free period during the period otherwise scheduled for a non-teaching assigned period, or 2) when such program is scheduled on the period of a teacher's non-teaching assigned period, in which event the teacher will conduct such program instead.

c.         At the High School, a non-teaching supervisory period scheduled in a manner so that the actual need for non-teaching supervisory periods are met. Such supervisory periods shall be equitably distributed and rotated among high school teachers for those non-teaching supervisory assignments traditionally performed by high school teachers. Although this essentially involves non-teaching supervisory periods, to the extent that other periods remain available in a teacher's schedule, such periods may be used for non-supervisory periods. The change in language in this subsection will not be used to initiate "make work" assignments.

At the Middle School, one period a day to be utilized as follows during each six day cycle:

i.          Three common planning periods for each team of teachers;

ii.         One planning period for the advisor/advisee program or activity period program;

NOTE: Two school months prior to any implementation of the activity period program referred to in "ii" above, teachers will be so informed in order to provide them with sufficient time to select activities, with approval by the Principal. The activities will run approximately six weeks each.

Simultaneously, an activity period program advisory committee shall be established consisting of the following membership:

1.         Four members of the DTA to be selected by the President of the DTA.

2.         Three members of the Administration to be selected by the Superintendent.

3.         The Principal of the Middle School.

The Principal of the Middle School shall chair the advisory committee which shall meet at reasonable times for reasonable periods to study and review the activity period program. The advisory committee shall submit to the School Committee in writing any recommendations or changes concerning the activity period programs. The meetings of the advisory committee shall not interfere with classroom instruction and/or the teaching program of its members. The School Committee shall determine whether to continue said activity period programs, whether modified or otherwise.

Iii         Non-teaching supervisory periods otherwise assigned in the same manner as described above for high school teachers.

The School Committee shall determine whether to continue said Activity programs, whether modified or otherwise.

d.         An additional period as set forth in Section D.2.

2.         An additional teaching period (i.e. - a sixth class for academic teachers) may be assigned to a teacher for the purpose of providing additional curricular, additional offerings of present curricular, flexibility of scheduling and academic program options in the secondary schools according to the terms and conditions below:

a.         No more than 7 teachers may be assigned an (one) additional teaching period in each semester, and no more than two teachers per subject area may be so assigned an additional teaching period.

b.         No teacher assigned a fourth preparation under 5. D. 3. may be assigned involuntarily an additional class.

c.         The Superintendent shall seek volunteers by giving written notice to all secondary teachers at least five (5) school days prior to making the assignment. Certified teachers interested in teaching an additional class should notify the Superintendent within three (3) school days of sending said notice to the teachers. If there are one or more volunteer applicants for any such additional teaching assignment, the Superintendent shall make the assignment from among the volunteer applicant(s). Such assignment(s) to volunteer(s) shall be made on a rotating basis prior to any volunteer being assigned an additional class a second time.

d.         When there is no volunteer applicant for teaching an additional class, the Superintendent may assign a teacher involuntarily from the impacted subject area to teach the additional class. Such assignment shall be made on a rotating basis to teachers in such subject area prior to any teacher being assigned involuntarily to teach an additional class a second time (and a third time, etc.). In no event shall any teacher be assigned involuntarily to teach an additional class more than one year every two years.

e.         Any teacher assigned to teach an additional class shall have no increase in the maximum number of students assigned as stated in the NOTE under Section B of Article 6. Therefore:

for any Senior High School English teacher assigned an additional, or sixth, teaching period, the maximum number of students assigned daily shall be 100; and

for any other academic teacher, including Middle School English teachers, assigned an additional teaching period, the maximum number of students assigned to said teacher shall be 125.

f.          Any teacher assigned an additional class according to the terms of this Section shall be provided this additional compensation per class period as set forth in sub-section 8-a of Appendix A. When a teacher assigned to teach an additional class is absent from school that day, said teacher shall be provided this additional compensation until the number of consecutive days of absence exceeds the number of consecutive days of the first three (3) classes that the absent teacher is scheduled to teach the additional class. For example, a teacher assigned an additional class every day and who is absent a week shall receive three (3) class periods of additional compensation while absent, and a teacher assigned an additional class every other day and who is absent four (4) consecutive school days shall receive two (2) class periods of additional compensation.

g.         The utilization of an additional teaching period shall not be used as a device to reduce teachers.

3.         Except as provided below, Middle and High School teachers (grades 6-12) will not be required to teach more than 2 subject areas (English, Social Studies, Mathematics, Science, etc.) nor more than a total of 3 teaching preparations within said subject areas at any one time. For purposes of this Section only, each world language shall be considered as a subject area; i.e. French, German, Spanish and Latin are to be counted as separate subject areas in applying the two-subject rule above. Middle School teachers who volunteer to do so may teach in more than two subject areas, provided that such is consistent with one's area(s) of certification and the rules and regulations of the Department of Education.

aIn limited circumstances, for the purpose of providing additional curricula, additional offerings of present curricula, flexibility of scheduling and academic program options in the secondary schools, teacher(s) may be assigned a fourth preparation according to the following terms and conditions:

a.         No teacher assigned to teach an additional period under 5.D.1.d. will be assigned involuntarily a fourth preparation.

b..        The Superintendent shall seek volunteers for a fourth preparation prior to assigning a fourth preparation to a teacher involuntarily.

c.         No teacher will be involuntarily assigned a fourth preparation more than one year every two years.

d.         If a teacher has two courses (e.g. French IV and V) combined in a single class period, those 2 courses shall count as 2 preparations unless it is taught as a single course with one syllabus.

e.         For any teacher assigned to teach 5 periods daily and who is assigned 4 preparations (voluntary or involuntary), the maximum number of students assigned to said teacher shall be 110 instead of 125. For a teacher assigned to teach 4 periods daily, the maximum number of students assigned daily shall remain at 100.

f.          The utilization of a fourth preparation shall not be used as a device to reduce teachers.

4.         The Superintendent and President shall meet as may be necessary with respect to any problem(s) that may arise regarding teaching an extra period (D-2) or having a fourth preparation (D-3) in an effort to resolve any such problems(s).

E.         Each elementary teacher, grades 1-5 will be assigned:

1.         At least two hundred (200) minutes weekly of free time, said time for each classroom teacher to be scheduled in those periods when a teaching specialist is scheduled to conduct the class, or when the administration has planned some other program or activity. Any such period will be at least thirty (30) minutes in length. Such period will be scheduled on at least four (4) days per week for each teacher. When staffing allows, each teacher will be scheduled a minimum of thirty (30) minutes on five (5) days per week.

2.         The parties agree that finding an additional 30 minutes for all teachers on the fifth day is a priority. The parties, therefore agree that they shall meet each spring (beginning in 2006) to review the proposed schedules in each elementary building for purposes of scheduling an additional 30 minutes of CPT (common planning time) on the fifth day. If sufficient subject area specialists (for example, music, art, physical education, health, library/computers) are scheduled to be employed in a building which makes the scheduling of a fifth period and weekly CPT feasible the following year, the building principal shall so schedule the staff.

3.         Schedules for all other teachers at the elementary level, including kindergarten teachers, will be arranged to reflect comparably scheduled periods of free time.

F.         No teacher will be required to relinquish free periods or non-teaching supervisory periods, whether assigned or unassigned, for the purpose of substituting for teachers absent at the start of the workday. It is expected that in an emergency situation, such as when a teacher finds it necessary to leave during the workday, other teachers will volunteer to cover classes left vacant. However, if a teacher does so substitute, he/she will be reimbursed at the hourly rate set forth in sub-section 8-b of Appendix A.

G.        Exceptions to the provisions of Sections B, C and D above may be made only if the Superintendent determines that it is necessary to do so in the best interest of the educational process, including such purposes as In-Service Workshops and NEAS&C secondary school evaluations. The Association will be notified of each instance in which the Superintendent so determines, such determination not to be in an unreasonable manner or without basis in fact. When such exceptions to the provisions of Sections B, C and D occur, compensation shall be provided as in F above.

H.         Teacher Work Year

1.         The work year of teachers will begin no earlier than September 1 and will end no later than June 30 and will consist of no more than 184 days. Said work year will begin the Tuesday after Labor Day and will end no more than one day after the students are required to be in attendance. The Committee will reduce the calendar of school days for the students' attendance to the number required by the Massachusetts Department of Education minimum regulations in any year regardless of the planned calendar. Final exams shall not be scheduled on the last day for students. For personnel new to the Danvers School System, two (2) additional days of orientation are required.

 

The work year will include:

a.         The first day of the work year, which shall be without students (1 day);

b.         180 days when students are in attendance (181 days);

c.         conference day scheduled in December (182 days);

d.         effective September 1, 2002 one mandatory professional development day scheduled during the teacher work year (183 days) and effective September 1, 2003 a second mandatory professional development day scheduled during the teacher work year (184 days);

e.         the next business day after the last day for students for those teachers who have not completed their required annual work duties. [NOTE: The work year for teachers will end on the last day students are required to be in attendance in all cases where all required annual teacher's work duties have been completed.]

2.         Non-mandatory professional development days scheduled before and after the school year shall be implemented with each teacher being able to select one of the following options appropriate to her/him:

a.         Any teacher with an M+60 or Doctorate and in addition who has earned 18 or more credits in Appendix C courses and who participates in this program shall be compensated at the applicable professional development hourly rate for up to six (6) hours for said participation.

b.         Any teacher other than as defined in "a" above and who participates in this program shall receive one (1) credit under the terms of Appendix C.

c.         A teacher may elect not to participate in this program.

I.          Each teacher will be allowed 10 minutes for personal hygiene between 8:00 a.m. and the lunch period.

J.          All Unit A personnel will share on a rotating basis non-teaching responsibilities.

K.        Whenever possible, CET meetings will be held during the regular teacher workday. Any teacher who attends a Core Evaluation Meeting during her/his free period and/or outside the length of the teacher's regular school day will be compensated at the hourly rate set forth in sub-section 8-c of Appendix A.

L.         Grades:

1.         For elementary schools (K-5), grades during the school year will be due seven (7) school days after the last day of the term in the A.M.

2.         For the middle school (6-8), grades for the first, second and third quarters will be due seven full days after the last day of the term. Disks will be due seven (7) full school days after and verification sheets eight full days after the last day of the term respectively. Progress reports will be treated in a like manner.

3.         For the high school (9-12), grades for first and third terms will be due six school days after the last day of the term in the A.M. Grades for second term only will be due six (6) school days after the last exam day or the last day of the term, whichever comes later, in the A.M. Scan sheets will be due six days after and verification sheets seven days after the last exam day of the term, as the case may be. Progress reports will be treated in a like manner.

4.         ALL LEVELS - At the end of each marking period, the second monthly faculty meeting will be devoted to inputting grades. The process of inputting grades will continue to be refined as per the study committee on report cards. During the week that grades are being processed, no administrative meetings will occur. All other meetings will be held only if necessary. For the last marking period only, grades will be due the last day of school for teachers.

5.         It is understood that this shall determine grading procedures unless further discussions need to take place because of technological advances.

M.        Any science teacher teaching in excess of thirty (30) periods in a six (6) day cycle shall be compensated at the rate per period set forth in sub-section 8-d of Appendix A.

N.        Elementary Team Meetings

In order to provide for team planning and/or team activities at the elementary level, elementary teachers shall be scheduled for a thirty (30) minute team planning period per week. Whenever possible, this thirty (30) minute team planning period shall be scheduled during the regular student day. When it is not possible to do so, this thirty (30) minute team planning period shall be scheduled either before or after school, depending on when the longer block of time is for each school. The specific day for this team planning period shall be set by each team, subject to the reasonable approval of the principal. No teacher shall be required to attend more than one such meeting per week. When this team planning period takes place before or after the regular student day, each teacher shall be provided additional time as follows: thirty (30) minutes of individual planning time every other week when the health specialist is teaching her/his class and five (5) minutes added to the teacher's duty-free lunch each day. Specialists shall be treated in a like manner.

ARTICLE 6 - TIME AND LEARNING

As a result of the state mandates with respect to "Time and Learning the Danvers School Committee (Committee) and the Danvers Teachers Association (Association) hereby agree to the following with respect to "Time and Learning".

A.        General Provisions

1.         Schedules for elementary, middle and high schools are set forth in Sections B, C, D and E respectively of this agreement. The parties shall establish a process whereby a group at each level shall evaluate the new schedules for each level; this process shall reflect cooperation between the staff and administration.

2.         The teachers' workday shall be seven hours and twenty-five minutes, with the exception of Fridays and the days before holidays when teachers may leave after students have been dismissed.

3.         The first three student days of the school year shall be half days for students. The meeting schedule for Tuesday and these three afternoons, apart from the Superintendent's opening meeting, shall consist of no more than two administration (principals and directors) directed meetings. These meetings shall be no more than two hours in length. All self-directed teacher time shall be conducted on campus.

4.         The Wednesday before Thanksgiving shall be a half day for students and teachers, and the last day of school shall be a half day for students.

5.         Starting June 30, 2015, teachers may earn up to three in-service credits for participation in three of five summer optional professional development days. Three district sponsored days will be held during the week before the start of school and two at the end of the school year. Each summer professional development day is 6 PDPs for DESE recertification. Teachers may attend all five days, three for credits and two for PDPs.

6.         Professional Days - Under the provisions of Section A of Article 20 (Professional Development and Educational Improvement), each teacher shall be able to participate in a one day-long program with the school system providing the substitute. A teacher electing a no-cost professional activity (such as visiting another school) shall be able to participate in a second such no-cost day-long program, with the school system again providing the substitute provided that substitute funds are available. Approval for additional professional days shall follow the procedures set forth in Section A of Article 20.

B.         Elementary Schools - The instructional day shall provide 310 minutes of instructional time for students and shall consist of a six hour and 10 minute student day, including 5 minutes for opening exercises and 5 minutes for dismissal. A 35-minute lunch period and a 15-minute recess period will be included within the six-hour and 10 minute day and will not be counted as instructional time.

C.         Middle School - The instructional day shall provide 338 minutes of instructional time for students and shall consist of seven 45-minute periods, a five-minute homeroom (only three minutes of which shall be instructional time) and a 20-minute multi-purpose period scheduled as described herein. The multi-purpose period shall be used for SSR, "corrections", "extensions" (enrichment program of the curriculum), makeup, preparing materials, and planning with other teachers. The multi-purpose period, which shall occur five days per week, shall be supervised by the homeroom teacher and, on alternate days, another teacher as assigned; the fifth day may be for the advisor/advisee program. The student day will be six hours and 25 minutes.

D.        High School

1.         The day will have 338 minutes of instructional time for students as per the attached schedule. Other concerns with the schedule, such as period rotation and homeroom, shall be channeled through the Core Advisory Team.

2.         The total number of students assigned to a teacher per year shall not exceed 125 for five classes, or 100 for English teachers and those teaching four classes. Other currently affected content areas shall be treated similarly.

3.         Teachers will be assigned three duties per seven day cycle in one semester and four duties per seven day cycle the following semester.

4.         Assignments shall be equitable. Should there be a conflict, senior teachers shall have preference.

5.         The student day will be six hours and 25 minutes.

 

School

Teacher Start Time

Bus Arrival

Student Start

Student End Time

Bus Depart

Teacher End Time

High School

7:20

7:20

7:30

1:55

2:05

2:45

Extended Block

7:20

7:20

2:00

2:40

--

2:45

Middle School

7:20

7:20

7:30

1:55

2:05

2:45

Extended Block

7:25

7:20

2:00

2:40

--

2:50

Elementary

7:45

8:10

8:20

2:30

2:35

3:10

Extended Block

7:20

--

7:30

8:20

--

2:45

 

High School Student Day 6 hour 25 min.                                Meetings: One hour in length -

Middle School Student 6 hour 25 min.                                    to end no later than 4:05 p.m.

Elem. School Student Day 6 hour 10 min.

Window 7:20 a.m. - 3:10 p.m.

Middle School/High School

Student day @ MS/HS - take off 10

 

40 min. 10 minutes

mins of passing time. Student day at

 

Before/30 after

elementary - take off 5 mins. of

 

Elementary 70 minutes

passing time. Flex - extended block

 

At least 30 minutes after

-- elementary 50 mins.

 

 

 

 

 

ARTICLE 7 - CLASS SIZE

The Committee and the Association agree that class size and student load are important factors regarding teacher effectiveness in the classroom. Therefore, the Committee agrees to the following class size and teacher load provisions:

A.        Elementary Schools

 (grades K-5                                                     Average Class Size

Kindergarten                                                    22 (max.) for 2008-09 school year

20 (max.) for 2009-10 school year

Grade 1                                                            25

Grade 2                                                            25

Grade 3                                                            25

Grade 4                                                            25

Grade 5                                                            25

NOTE 1           In Grades 1 -5, when a class size reaches 26 students or over (e.g. 27) each teacher impacted will be compensated an additional $10.00 per student, per day for each day so impacted.

NOTE 2:          The number of students assigned to a multi-age class and its related same grade classes shall be assigned in a fair and reasonable manner.

NOTE 3:          In Kindergarten, teachers with more than 20 students in a class will be compensated an additional $10 per student, per day for each day so impacted for classes containing up to 22 students. (NB: Maximum payment per day is $20.00, i.e. $10 each for up to two students.)

B.         Middle School

(Grades 6-8)                                                    Maximum Class Size

 

Each class for core                                          As proposed by each Core Team, with approval subjects taught by core by the Principal. The grades 7 and 8, assignment subject teachers not to exceed daily 125 students per five FTE (fulltime equivalent) teacher Core Team of science, math, English and social studies teachers and teachers assigned to Core Team (world languages and reading). For grade 6, assignment not to exceed daily 25 students per FTE teacher per team (e.g. - 100 students per four teacher team, 75 students per 3 teacher team, etc.).

 

Middle School (Grades 6-8)                             Maximum Class Size

2          Academic Subjects                              30

3.         Science Laboratories                           25

4.         Cooking                                               15

5.         Sewing                                                 15

6.         Shop                                                    15

7.         Art                                                       25

8.         Physical Education                              40

9.         Band/Choral                                        Unlimited

10.       Advisor                                               15 (unless otherwise determined by the teachers

with the approval of the Principal)

11.       Technical Education                            25

NOTE 1:          The maximum number of students assigned daily to a Middle School teacher shall be

125, except that effective September 1, 1994 the maximum number of students assigned per day to a physical education teacher shall be 165.

NOTE 2:          In the event any Middle School class size maximums established by the administration are exceeded by 1 to 3 students, any teacher assigned such additional students shall be compensated at the rate per period set forth in sub-section 8-e of Appendix A. This NOTE 2 does not apply to team-initiated assignment of students.

NOTE 3:          If, after students have been assigned equitably (i.e. - as equally as possible) to each team at each grade level, there is any middle school team whose number of students exceeds the appropriate multiple of 25 students (25 time the number of FTE teachers for any one team) by 1 to 3 students, the following shall apply:

A.        If 1 student over (e.g. - 126 students for a 5 FTE teacher team), each teacher on the team so impacted shall be compensated an additional $10 per day for any day so impacted;

b.         If 2 students over (e.g. - 127, etc.), each teacher on the team so impacted shall be compensated an additional $20 per day for each day so impacted;

c.         If 3 students over (e.g. - 128, etc.), each teacher on the team so impacted shall be compensated an additional $30 per day for each day so impacted.

d.         The provisions in a, b and c above also shall apply to any middle school teacher who services 2 or more teams and whose daily student load exceeds 125 students (i.e. - 126,127 or 128 students), except as otherwise provided in this section.

C.         High School (Grades 9-12)

Grades 9-12                                                     Maximum Class Size

1.         Academic Subjects                              30*

2.         Science Laboratories                           25

3.         Shop                                                    15

4.         Art                                                       25

5.         Physical Education                              40

6.         Band and Choral Instruction                Unlimited

7.         Study Hall

a.          Formal - classroom                  35

b.         Formal - large group                50

c.          Informal - large group             75

8.         Cooking                                               15

9.         Sewing                                                 15

10.       Photography                                        20

11.       Technical Education                            25

NOTE 1           In the event any high school class size maximums exceeded by 1 to 3 students, any teacher assigned such additional students shall be compensated at the rate per period set forth in sub-section 8-e of Appendix A.

NOTE 2           For a teacher assigned to teach five (5) periods daily, the maximum number of students assigned to said teacher shall be 125 except for High School English teachers, whose maximum number of students shall be 100. For a teacher assigned to teach four (4) periods daily, the maximum number of students assigned shall be 100.

Effective September 1, 1994 the maximum number of students assigned per day to a physical education teacher shall be 165.

D.        The assignment of students to teachers system-wide shall be administered equitably within each building and will be consistent with the provisions of Sections A and B of this Article.

E.         1          The ratio of students per Nurse shall be determined by the demands and needs of the school or schools involved and the request of the school principal for nursing coverage.

2.         The ratio shall not exceed seven hundred and fifty (750) students per nurse.

 

ARTICLE 8 - NON-TEACHING DUTIES

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

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

1.         Health services such as administering eye or ear examinations and weighing and measuring students.

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

3.         Delivering books to classrooms, duplicating instructional and other materials, keeping registers, performing other similar clerical functions and, at the secondary level, keeping cumulative record cards and preparing report cards.

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

C.         The performance of the following duties shall be assigned on a rotating basis spread among Unit A personnel with persons receiving compensations for such duties in the form of compensatory time equal to the service performed with no less than 30 minutes for any single duty assignment, such compensation to be taken within ten (10) school days of the date when the duty was performed.

1.         Morning bus duty

2.         Morning monitoring of early arrivals

3.         Afternoon bus duty

4.         Supervision of detention

At the High School and Middle School, cafeteria duty will be in lieu of any study period assignment and monitoring buses in lieu of homeroom responsibilities. At the Middle School in lieu of quarterly rotation of cafeteria duty, thirty minutes of equal non-cumulative compensatory time will be granted to those involved at the discretion of the principal.

At the elementary school, there will be no more than 1 hour (60 minutes) of a 'duty' per month per teacher in 6 (six) 10 minute segments.

ARTICLE 9 - TEACHER EMPLOYMENT

A.        Full credit will be given for previous outside teaching experience upon initial employment. Additional credit for compulsory military experience which interrupted teaching and not to exceed two (2) years for Action Corps teaching will be given upon initial employment.1.

B.         1.         Teachers with previous teaching experience in the Danvers School System will, upon returning to the system, receive full credit on the salary schedule for all outside teacher experience, compulsory military experience which interrupted teaching, and Action Corps teaching, up to the maximum set forth in Section A above. Teachers who have not been engaged in teaching on a full-time basis will, upon returning to the system, be restored to the next position on the salary schedule above that at which they left.

2.         Previous accumulated unused leave days will be restored to all teachers returning from compulsory military service.

C.         Full credit for previous school nursing shall be considered and binding. At the discretion of the Superintendent, any other related experience may be considered but not binding.

ARTICLE 10 - RESIGNATIONS

A.        Any teacher who resigns between September 1st and June 30th, in accordance with the provisions of Section B of this Article, will be compensated on a per diem salary to be paid at the rate of one-one hundred eighty-fifth (1/185) of his annual salary rate for each day on the roster.

B.         Teachers will notify the Superintendent at least thirty (30) days in advance of termination of service.

C.         Teachers leaving the system without giving the proper thirty (30) days' notice will be paid one two-hundredth (1/200) of their salary multiplied by the number of days taught or in service.

ARTICLE 11 - TEACHER ASSIGNMENT

A.        Teachers will be notified in writing of their programs for the coming school year, including the school to which they will be assigned, the grades and/or courses that they will teach, and any special or unusual classes that they will have by June 1, except for such changes as are necessary because of changing enrollments or late resignations, or problems in computerized scheduling. Any teacher whose assignment is changed after June 1 will be notified immediately in writing of said change.

1.         A yearly salary and appointment letter will be provided for all staff by June 1st of each year along with their assignment.

B.         In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned outside the scope of their teaching certificates and/or their major or minor fields of study.

C.         Except in emergency situations, changes in grade assignment at the elementary schools and subject assignment in the secondary schools will be voluntary.

D.        In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter school travel. Such teachers will be notified of any changes in their schedules as soon as practicable. Teachers required to travel between schools shall be reimbursed at the rate of twenty-five cents ($.36) per mile for such travel, or equivalent to rate paid by Town hall, payable semi-annually. Requests for reimbursement for the second half of the school year are to be submitted by the last day of school.

E.         Teachers will have the opportunity to suggest their desired schedules for the following year to their immediate supervisor for consideration by the person scheduling assignments. Assignments shall be made equitably.

F.         Special teachers and coaching teachers will not be used for any purpose other than the program except when a teacher goes home ill after 11:00 a.m. and in emergency situations. However, coaching teachers may be used to cover a class for a teacher participating in a Core Evaluation Team (CET) meeting.

ARTICLE 12 - TRANSFERS

A.        All Transfers

1.         For purposes of this Article, "transfer" shall be defined as: (a) moving a teacher from one school to another, and/or (b) at the elementary level, moving a teacher from one grade to another.

2.         Whenever the Superintendent finds it necessary to transfer teacher(s), the Superintendent shall post a notice of said need on a conspicuous bulletin board in each building, with a copy to the Association president. As a result of said notice, volunteers may apply, and the Superintendent shall consider such volunteers before making any involuntary transfers.

B.         Voluntary Transfers

1.         The Superintendent shall publicize no later than May 1 all known classroom vacancies anticipated for the following year.

2.         Teachers desiring a transfer will submit a written request to the Superintendent stating the assignment preferred and reason(s) for the transfer. Such requests must be submitted between September 1 and May 15 of each school year to be considered for the next school year. Requests must be renewed each year. All requests will be acknowledged in writing.

C.         Involuntary Transfers

1.         If the Superintendent decides to transfer a teacher:

a.         The teacher will be given as much prior notice as possible in writing.

b.         The teacher may, within ten (10) school days of receipt of such notice, request in writing a meeting with the Superintendent.

c.         Within ten (10) school days of receipt of such request, the Superintendent and/or his designee shall meet with the teacher. The teacher may be accompanied by a representative of the Association.

d.         At that meeting the teacher will be given the reasons for the transfer, and the transfer will be discussed.

e.Within ten (10) school days after such meeting, the teacher shall be given a final decision in writing setting forth the reasons for the transfer made by the Superintendent or his designee.

2.         Except in cases of emergency, transfers shall be effective at the beginning of a school year.

ARTICLE 13 - VACANCIES

A.        Vacancies for full-time professional and part-time professional positions shall be posted and filled in accordance with the provisions of this Article. Part-time professional positions shall mean all positions whose duties are in addition to those of full-time positions; among such part-time positions are co-curricular, coaching, evening school, and summer school.

B.         During the School Year

1.         When any vacancy occurs during the school year, notice of such vacancy will be posted at a designated place in each school and a copy of said notice will be sent to the President of the Association at the same time.

2.         Such position(s) will not be filled, except on a temporary basis, until ten (10) school days after the notice of vacancy is posted.

C.         During the Summer

 

3.         When any vacancy occurs from the end of school through August 31, written notice of said vacancy will be sent to the President of the Association (or his designee) and to any member of the bargaining unit who provides the Superintendent's office with self-addressed, stamped envelopes for such purpose.

4.         Such position(s) will not be filled, except on a temporary basis, until 20 days after the mailing of the notice, except that the Committee may fill immediately a teaching position or a fall season coaching position that becomes vacant between August 11 and August 31.

D.        General

1.         Notices of any vacancies shall include the requirements and/or qualifications for the position, its duties and/or job descriptions, and the rate of compensation.

2.         Any teacher who applies for any position will:

a.         receive notice of receipt of his application;

b.         be granted an interview by the Superintendent or his designee; and

c.         receive a written statement of the decision on his application.

3.         Vacancies in part-time professional positions (except coaching positions) shall be filled with qualified members of the bargaining unit before outside applicants.

ARTICLE 14 - TEACHER EVALUATION

 

1)         Purpose of Educator Evaluation

A.        This contract language is locally negotiated and based on M.G.L., c.71, § 38; M.G.L. c.150E; the Educator Evaluation regulations, 603 CMR 35.00 et seq. In the event of a conflict between this collective bargaining agreement and the governing laws and regulations, the laws and regulations will prevail.

B.         The regulatory purposes of evaluation are:

i)          To promote student learning, growth, and achievement by providing Educators with feedback for improvement, enhanced opportunities for professional growth, and clear structures for accountability, 603 CMR 35.01(2)(a);

ii)         To provide a record of facts and assessments for personnel decisions, 35.01(2)(b);

iii)        To ensure that every school committee has a system to enhance the professionalism and accountability of teachers and administrators that will enable them to assist all students to perform at high levels, 35.01(3); and

iv)        To assure effective teaching and administrative leadership, 35.01(3).

2)         Definitions (* indicates definition is generally based on 603 CMR 35.02)

A)        *Artifacts of Professional Practice: Products of an Educator's work and student work samples that demonstrate the Educator's knowledge and skills with respect to specific performance standards.

B)        Caseload Educator: Educators who teach or counsel individual or small groups of students through consultation with the regular classroom teacher, for example, school nurses, guidance counselors, speech and language pathologists, and some reading specialists and special education teachers.

C)        Classroom teacher: Educators who teach preK-12 whole classes, and teachers of special subjects as such as art, music, library, and physical education. May also include special education teachers and reading specialists who teach whole classes.

 

D)        Categories of Evidence: Multiple measures of student learning, growth, and achievement, judgments based on observations and artifacts of professional practice, including unannounced observations; and additional evidence relevant to one or more Standards of Effective Teaching Practice (603 CMR 35.03).

 

E)        *District-determined Measures: Measures of student learning, growth and achievement related to the Massachusetts Curriculum Frameworks, Massachusetts Vocational Technical Education Frameworks, or other relevant frameworks, that are comparable across grade or subject level district-wide. These measures may include, but shall not be limited to: portfolios approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. These measures will be developed and decided upon with the active collaboration of Educators in the District within that applicable field.

 

F)         *Educator(s): Inclusive term that applies to all classroom teachers and caseload educators, unless otherwise noted.

 

G)        *Educator Plan: The growth or improvement actions identified as part of each Educator's evaluation. The type of plan is determined by the Educator's career stage, overall performance rating, and the rating of impact on student learning, growth and achievement. There shall be four types of Educator Plans:

i)          Developing Educator Plan shall mean a plan developed by the Educator and the Evaluator for three school years for an Educator without Professional Teacher Status (PTS); or, at the discretion of an Evaluator, for an Educator with PTS in a new assignment under different licensure.

ii)         Self-Directed Growth Plan shall mean a plan developed by the Educator for one or two school years for Educators with PTS who are rated proficient or exemplary.

·          For educators whose impact on student learning is either moderate or high, the Educator Plan may be for up to two years.

·          For Educators whose impact on student learning is low, the Educator plan shall be for one year. The Plan shall include a goal related to examining elements of practice that may be contributing to low impact.

iii)        Directed Growth Plan shall mean a plan developed by the Educator and the Evaluator of one school year or less for Educators with PTS who are rated needs improvement.

iv)        Improvement Plan shall mean a plan developed by the Evaluator of at least 50 school days and no more than one school year for Educators with PTS who are rated unsatisfactory with goals specific to improving the Educator's unsatisfactory performance. In those cases where an Educator is rated unsatisfactory near the close of a school year, the plan may include activities during the summer preceding the next school year.

H)        *ESE: The Massachusetts Department of Elementary and Secondary Education.

 

I)         *Evaluation: The ongoing process of defining goals and identifying, gathering, and using information as part of a process to improve professional performance (the "formative evaluation" and "formative assessment") and to assess total job effectiveness and make personnel decisions (the "summative evaluation").

 

J)         *Evaluator: The building administrator, building assistant principal, curriculum directors and any other licensed full time employee of the District designated by a superintendent who has primary or supervisory responsibility for observation and evaluation. The superintendent is responsible for ensuring that all Evaluators have training in the principles of supervision and evaluation. Each Educator will have one primary Evaluator at any one time responsible for determining performance ratings.

i)          Primary Evaluator shall be the person who determines the Educator's performance ratings and evaluation.

ii)         Supervising Evaluator shall be the person responsible for developing the Educator Plan, supervising the Educator's progress through formative assessments, evaluating the Educator's progress toward attaining the Educator Plan goals, and making recommendations about the evaluation ratings to the primary Evaluator at the end of the Educator Plan. The Supervising Evaluator may be the primary Evaluator or his/her designee.

iii)        Teaching Staff Assigned to More Than One Building: Each Educator who is assigned to more than one building will be evaluated by the appropriate administrator where the individual is assigned most of the time. The principal of each building in which the Educator serves must review and sign the evaluation, and may add written comments. In cases where there is no predominate assignment, the superintendent will determine who the primary evaluator will be.

iv)        Notification: The Educator shall be notified in writing of his/her primary Evaluator and supervising Evaluator, if any, at the outset of each new evaluation cycle (by October 1st). An educator may bring a substantive concern about assigned evaluator to the principal for a change consideration. The Evaluator(s) may be changed upon notification in writing to the Educator

K)        Evaluation Cycle: A five-component process that all Educators follow consisting of 1) Self-Assessment; 2) Goal-setting and Educator Plan development; 3) Implementation of the Plan; 4) Formative Assessment/Evaluation; and 5) Summative Evaluation.

 

L)         *Experienced Educator: An educator with Professional Teacher Status (PTS).

 

M)        *Family: Includes students' parents, legal guardians, foster parents, or primary caregivers.

 

N)        *Formative Assessment: The process used to assess progress towards attaining goals set forth in Educator plans, performance on standards, or both. This process may take place at any time(s) during the cycle of evaluation, but typically takes place at mid-cycle.

 

O)        *Formative Evaluation: An evaluation conducted at the end of Year 1 for an Educator on a 2-year Self-Directed Growth plan which is used to arrive at a rating on progress towards attaining the goals set forth in the Educator Plan, performance on Standards and Indicators of Effective Teaching Practice, or both.

 

P)         *Goal: A specific, actionable, and measurable area of improvement as set forth in anEducator's plan. A goal may pertain to any or all of the following: Educator practice in relation to Performance Standards, Educator practice in relation to indicators, or specified improvement in student learning, growth and achievement. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the same role.

 

Q)        *Measurable: That which can be classified or estimated in relation to a scale, rubric, or standards.

 

R)        Multiple Measures of Student Learning: Measures must include a combination of classroom, school and district assessments, student growth percentiles on state assessments, if state assessments are available, and student MEPA gain scores. This definition may be revised as required by regulations or agreement of the parties upon issuance of ESE guidance expected by July 2012.

 

S)         *Observation: A data gathering process that includes notes and judgments made during one or more classroom or worksite visits(s) of any duration by the Evaluator and may include examination of artifacts of practice including student work. An observation may occur in person or through video as agreed upon by the educator and evaluator. Video observations will be done openly and with knowledge of the Educator. The parties agree to bargain the protocols of video observations should either party wish to adopt such practice. Classroom or worksite observations conducted pursuant to this article must result in feedback to the Educator. Observations shall not occur on the half-day before Thanksgiving and day before December, February, and April vacations. Normal supervisory responsibilities of department, building and district administrators will also cause administrators to drop in on classes and other activities in the worksite at various times as deemed necessary by the administrator. Carrying out these supervisory responsibilities, when they do not result in targeted and constructive feedback to the Educator, are not observations as defined in this Article.

 

T)         Parties: The parties to this agreement are the Danvers school committee and the Danvers Teachers Association that represents the Educators covered by this agreement for purposes of collective bargaining ("Employee Organization/Association").

 

U)        *Performance Rating: Describes the Educator's performance on each performance standard and overall. There shall be four performance ratings:

           Exemplary: the Educator's performance consistently and significantly exceeds the requirements of a standard or overall. The rating of exemplary on a standard indicates that practice significantly exceeds proficient and could serve as a model of practice on that standard district-wide.

▪           Proficient: the Educator's performance fully and consistently meets the requirements of a standard or overall. Proficient practice is understood to be fully satisfactory.

▪           Needs Improvement: the Educator's performance on a standard or overall is below the requirements of a standard or overall, but is not considered to be unsatisfactory at this time. Improvement is necessary and expected.

▪           Unsatisfactory: the Educator's performance on a standard or overall has not significantly improved following a rating of needs improvement, or the Educator's performance is consistently below the requirements of a standard or overall and is considered inadequate, or both.

V)        *Performance Standards: Locally developed standards and indicators pursuant to M.G.L. c. 71, § 38 and consistent with, and supplemental to 603 CMR 35.00. The parties may agree to limit standards and indicators to those set forth in 603 CMR 35.03.

 

W)       *Professional Teacher Status: PTS is the status granted to an Educator pursuant to M.G.L. c. 71, § 41.

 

X)        Rating of Educator Impact on Student Learning: A rating of high, moderate or low based on trends and patterns on state assessments and district-determined measures. The parties will negotiate the process for using state and district-determined measures to arrive at an Educator's rating of impact on student learning, growth and achievement, using guidance and model contract language from ESE, expected by July 2012.

 

Y)        Rating of Overall Educator Performance: The Educator's overall performance rating is based on the Evaluator's professional judgment and examination of evidence of the Educator's performance against the four Performance Standards and the Educator's attainment of goals set forth in the Educator Plan, as follows:

i)          Standard 1: Curriculum, Planning and Assessment

ii)         Standard 2: Teaching All Students

iii)        Standard 3: Family and Community Engagement

iv)        Standard 4: Professional Culture

v)         Attainment of Professional Practice Goal(s)

vi)        Attainment of Student Learning Goal(s)

Z)         *Rubric: A scoring tool that describes characteristics of practice or artifacts at different levels of performance. The rubrics for Standards and Indicators of Effective Teaching Practice are used to rate Educators on Performance Standards, these rubrics consists of:

i)          Standards: Describes broad categories of professional practice, including those required in 603 CMR 35.03

ii)         Indicators: Describes aspects of each standard, including those required in 603 CMR 35.03

iii)        Elements: Defines the individual components under each indicator

iv)        Descriptors: Describes practice at four levels of performance for each element

AA)     *Summative Evaluation: An evaluation used to arrive at a rating on each standard, an overall rating, and as a basis to make personnel decisions. The summative evaluation includes the Evaluator's judgments of the Educator's performance against Performance Standards and the Educator's attainment of goals set forth in the Educator's Plan. The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS growth scores cannot be the sole basis for a summative evaluation rating. To be rated Proficient overall, an educator shall, at a minimum, have been rated Proficient on the Curriculum, Planning and Assessment and the Teaching all Students standards for teachers. Evaluations used to determine the educator's overall performance rating and the rating on each of the four standards may inform personnel decisions such as reassignments, transfers, PTS or dismissal pursuant to Massachusetts general laws.

 

BB)      *Superintendent: The person employed by the school committee pursuant to M.G.L. c. 71 §59 and §59A. The superintendent is responsible for the implementation of 603 CMR 35.00.

 

CC)      *Teacher: An Educator employed in a position requiring a certificate or license as described in 603 CMR 7.04(3)(a, b, and d) and in the area of vocational education as provided in 603 CMR 4.00. Teachers may include, for example, classroom teachers, librarians, guidance counselors, speech and language specialists, social workers, school psychologists or school nurses.

 

DD)     *Trends in student learning: At least two years of data from the district-determined measures and state assessments used in determining the Educator's rating on impact on student learning as high, moderate or low.

3)         Evidence Used In Evaluation

The following categories of evidence shall be used in evaluating each Educator:

 

A)        Multiple measures of student learning, growth, and achievement, which shall include:

i)          Measures of student progress on classroom assessments that are aligned with the Massachusetts Curriculum Frameworks or other relevant frameworks and are comparable within grades or subjects in a school;

ii)         At least two district-determined measures of student learning related to the Massachusetts Curriculum Frameworks or the Massachusetts Vocational Technical Education Frameworks or other relevant frameworks that are comparable across grades and/or subjects district-wide. These measures may include: portfolios, approved commercial assessments and district-developed pre and post unit and course assessments, and capstone projects. One such measure shall be the MCAS Student Growth Percentile (SGP) or Massachusetts English Proficiency Assessment gain scores, if applicable, in which case at least two years of data is required.

ii)         Measures of student progress and/or achievement toward student learning goals set between the Educator and Evaluator for the school year or some other period of time established in the Educator Plan.

iv)        For Educators whose primary role is not as a classroom teacher, the appropriate measures of the Educator's contribution to student learning, growth, and achievement set by the district. The measures set by the district should be based on the Educator's role and responsibility.

B)        Judgments based on observations and artifacts of practice including:

i)          Unannounced observations of practice of any duration.

ii)         Announced observation(s) for non-PTS Educators in their three years of practice in a school, PTS Educators in their first year under a new licensure, Educators on Improvement Plans, and as determined by the Evaluator.

iii)        Examination of Educator work products.

iv)        Examination of student work samples.

C)        Evidence relevant to one or more Performance Standards, including but not limited to:

i)          Evidence compiled and presented by the Educator, including :

(a)        Evidence of fulfillment of professional responsibilities and growth such as self-assessments, peer collaboration, professional development linked to goals in the Educator plans, contributions to the school community and professional culture;

(b)        Evidence of active outreach to and engagement with families;

ii)         Evidence of progress towards professional practice goal(s);

iii)        Evidence of progress toward student learning outcomes goal(s).

iv)        Student and Staff Feedback - see # 23-24, below; and

v)         Any other relevant evidence related to teaching practice from any source that the Evaluator shares with the Educator. Other relevant evidence could include information provided by other administrators such as the superintendent.

4)         Rubric

 

The rubrics are a scoring tool used for the Educator's self-assessment, the formative assessment, the formative evaluation and the summative evaluation. The districts may use either the rubrics provided by ESE or comparably rigorous and comprehensive rubrics developed or adopted by the district and reviewed by ESE.

5)         Evaluation Cycle: Training

 

A)        Prior to the implementation of the new evaluation process contained in this article, districts shall arrange training for all Educators, principals, and other evaluators that outlines the components of the new evaluation process and provides an explanation of the evaluation cycle. The district through the superintendent shall determine the type and quality of training based on guidance provided by ESE.

 

B)        By November 1st of the first year of this agreement, all Educators shall complete a professional learning activity about self-assessment and goal setting satisfactory to the superintendent or principal. Any Educator hired after the November 1st date, and who has not previously completed such an activity, shall complete such a professional learning activity about self-assessment and goal setting within three months of the date of hire. The district through the superintendent shall determine the type and quality of the learning activity based on guidance provided by ESE.

 

6)         Evaluation Cycle: Annual Orientation

 

A)        At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

i)          Provide an overview of the evaluation process, including goal setting and the educator plans.

ii)         Provide all Educators with directions for obtaining a copy of the forms used by the district. These may be electronically provided.

iii.        The faculty meeting may be digitally recorded to facilitate orientation of Educators hired after the beginning of the school year, provided that an announcement is made at the beginning of the meeting that it is being recorded.

7)         Evaluation Cycle: Self-Assessment

 

A)        Completing the Self-Assessment

i)          The evaluation cycle begins with the Educator completing and submitting to the Primary or Supervising Evaluator a self-assessment by October 1st (November 1st for first-year of implementation) or within four weeks of the start of their employment at the school.

ii)         The self-assessment includes:

a)         An analysis of evidence of student learning, growth and achievement for students under the Educator's responsibility.

b)         An assessment of practice against each of the four Performance Standards of effective practice using the district's rubric.

c)         Proposed goals to pursue:

(1st)     At least one goal directly related to improving the Educator's own professional practice.

(2nd) At least one goal directed related to improving student learning.

B)        Proposing the goals

i)          Educators must consider goals for grade-level, subject-area, department teams, or other groups of Educators who share responsibility for student learning and results, except as provided in (ii) below. Educators may meet with teams to consider establishing team goals. Evaluators may participate in such meetings.

ii)         For Educators in their first year of practice, the Evaluator or his/her designee will meet with each Educator by October 1st (or within four weeks of the Educator's first day of employment if the Educator begins employment after September 15th) to assist the Educator in completing the self-assessment and drafting the professional practice and student learning goals which must include induction and mentoring activities.

iii)        Unless the Evaluator indicates that an Educator in his/her second or third years of practice should continue to address induction and mentoring goals pursuant to 603 CMR 7.12, the Educator may address shared grade level or subject area team goals.

iv)        For Educators with PTS and ratings of proficient or exemplary, the goals may be team goals. In addition, these Educators may include individual professional practice goals that address enhancing skills that enable the Educator to share proficient practices with colleagues or develop leadership skills.

v)         For Educators with PTS and ratings of needs improvement or unsatisfactory, the professional practice goal(s) must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject area team goals.

8)         Evaluation Cycle: Goal Setting and Development of the Educator Plan

A)        Every Educator has an Educator Plan that includes, but is not limited to, one goal related to the improvement of practice; one goal for the improvement of student learning. The Plan also outlines actions the Educator must take to attain the goals established in the Plan and benchmarks to assess progress. Goals may be developed by individual Educators, by the Evaluator, or by teams, departments, or groups of Educators who have the similar roles and/or responsibilities. See Sections 15-19 for more on Educator Plans.

 

B)        To determine the goals to be included in the Educator Plan, the Evaluator reviews the goals the Educator has proposed in the Self-Assessment, using evidence of Educator performance and impact on student learning, growth and achievement based on the Educator's self-assessment and other sources that Evaluator shares with the Educator. The process for determining the Educator's impact on student learning, growth and achievement will be determined after ESE issues guidance on this matter. See #22, below.

 

C)        Educator Plan Development Meetings shall be conducted as follows:

i)          Educators in the same school may meet with the Evaluator in teams and/or individually at the end of the previous evaluation cycle or by October 15th of the next academic year to develop their Educator Plan. Educators shall not be expected to meet during the summer hiatus.

ii)         For those Educators new to the school, the meeting with the Evaluator to establish the Educator Plan must occur by October 15th or within six weeks of the start of their assignment in that school

iii)        The Evaluator shall meet individually with Educators with PTS and ratings of needs improvement or unsatisfactory to develop professional practice goal(s) that must address specific standards and indicators identified for improvement. In addition, the goals may address shared grade level or subject matter goals.

D)        The Evaluator completes the Educator Plan by November 1st . The Educator shall sign the Educator Plan within 5 school days of its receipt and may include a written response. The Educator's signature indicates that the Educator received the plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents. The Evaluator retains final authority over the content of the Educator's Plan.

 

9)         Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators without PTS

 

A)        In the first three years of practice or first assignment in a different licensure:

i)          The Educator shall have at least one announced observation during the school year using the protocol described in section 11B, below.

ii)         The Educator shall have four unannounced observations during the school year.

10)       Evaluation Cycle: Observation of Practice and Examination of Artifacts - Educators with PTS

A)        The Educator whose overall rating is proficient or exemplary must have at least one unannounced observation and not more than six during the evaluation cycle.

 

B)        The Educator whose overall rating is needs improvement must be observed according to the Directed Growth Plan during the period of Plan which must include at least two unannounced observations and not more than four.

 

C)        The Educator whose overall rating is unsatisfactory must be observed according to the improvement plan which must include both unannounced and announced observations. Improvement plans may range from 50 school days up to 180 school days. The number and frequency of the observations shall be determined by the Evaluator, but in no case, shall there be fewer than one announced and three unannounced observations.

 

11)       Observations

The Evaluator's first observation of the Educator should take place by November 15. Observations required by the Educator Plan should be completed by May 15th. The Evaluator may conduct additional observations after this date.

The Evaluator is not required nor expected to review all the indicators in a rubric during an observation.

A)        Unannounced Observations

i)          Unannounced observations will be 15 - 30 minutes. After the unannounced observation and before leaving the room, the administrator will acknowledge by email or other communication that the visit was an unannounced observation.

ii)         The Educator will be provided with at least brief written feedback from the Evaluator within 5 school days of the observation. The written feedback shall be delivered to the Educator in person or by electronic communication. If either the Educator or Evaluator requests a meeting to discuss the observation, such meeting will take place within 5 school days of receipt of the feedback.

iii)        Any observation or series of observations resulting in one or more standards judged to be unsatisfactory or needs improvement for the first time must be followed by at least one announced observation of at least 30 minutes in duration but not more than a full period (approximately 50 minutes) within 20 school days and will follow the procedures for announced observations as stated in #11B.

 

B)        Announced Observations

i)          All non-PTS Educators in their first three years in the school, PTS Educators on Improvement Plans or on first assignment in a different license shall have at least one Announced Observation.

a)         The Evaluator shall select the date and time of the lesson or activity to be observed and discuss with the Educator any specific goal(s) for the observation.

b)         Within 5 school days of the scheduled observation, upon request of either the Evaluator or Educator, the Evaluator and Educator shall meet for a pre-observation conference.

(1st)     The Educator shall provide the Evaluator a draft of the lesson, student conference, IEP plan or activity. If the actual plan is different, the Educator will provide the Evaluator with a copy prior to the observation.

(2nd)    The Educator will be notified as soon as possible if theEvaluator will not be able to attend the scheduled observation. The observation will be rescheduled with the Educator as soon as reasonably practical.

c)         Within 7 school days of the observation, the Evaluator and Educator shall meet for a post-observation conference. This timeframe may be extended due to unavailability on the part of either the Evaluator or the Educator, but shall be rescheduled within 24 hours if possible.

d)         The Evaluator shall provide the Educator with written feedback within 10 school days of the post-observation conference. For any standard where the Educator's practice was found to be unsatisfactory or needs improvement, the feedback must:

(1st)     Describe the basis for the Evaluator's judgment.

(2nd)    Describe actions the Educator should take to improve his/her performance.

(3rd)    Identify support and/or resources the Educator may use in his/her improvement.

(4th)     State that the Educator is responsible for addressing the need for improvement.

C)        Walkthroughs,

Learning Walks and other like procedures by another name (herein called "walkthroughs") are intended to gauge the overall climate, culture and instruction within a school, program or department, and entail walking into multiple classrooms, usually for less than five (5) minutes each. Observations from walkthroughs summarize the aggregate climate, culture and instruction rather than commenting on individual teachers, and are used to talk about observed patterns and trends across classrooms. Walkthroughs are not observations for the sake of this evaluation system but may result in feedback to individual educators. A walkthrough can be announced or unannounced. There are no limits on the number of walkthroughs that can be conducted, provided that all educators in a school shall have a similar number of such visits.

12)       Evaluation Cycle: Formative Assessment

A)        specific purpose for evaluation is to promote student learning, growth and achievement by providing Educators with feedback for improvement. Evaluators are expected to make frequent unannounced visits to classrooms. Evaluators are expected to give targeted constructive feedback to Educators based on their observations of practice, examination of artifacts, and analysis of multiple measures of student learning, growth and achievement in relation to the Standards and Indicators of Effective Teaching Practice.

B)        Formative Assessment may be ongoing throughout the evaluation cycle but typically takes places mid-cycle when a Formative Assessment report is completed. For an Educator on a two-year Self-Directed Growth Plan, the mid-cycle Formative Assessment report is replaced by the Formative Evaluation report at the end of year one. See section 13, below.

C)        The Formative Assessment report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on Performance Standards and overall, or both

D)        By May 15th, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may provide to the evaluator additional evidence of the educator's performances against the four Performance Standards.

E)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Assessment Report.

F)         The Evaluator shall complete the Formative Assessment report and provide a copy to the Educator. All Formative Assessment reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox.

G)        The Educator may reply in writing to the Formative Assessment report within 5 school days of receiving the report. The response will be attached to the formative assessment.

H)        The Educator shall sign the Formative Assessment report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Assessment report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)         As a result of the Formative Assessment Report, the Evaluator may change the activities in the Educator Plan.

J)         If the rating in the Formative Assessment report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

 

13        Evaluation Cycle: Formative Evaluation for Two Year Self-Directed Plans Only

A)        Educators on two year Self-Directed Growth Educator Plans receive a Formative Evaluation report no later than June 1st of the two-year cycle. The Educator's performance rating for that year shall be assumed to be the same as the previous summative rating unless evidence demonstrates a significant change in performance in which case the rating on the performance standards may change, and the Evaluator may place the Educator on a different Educator plan, appropriate to the new rating.

B)        The Formative Evaluation report provides written feedback and ratings to the Educator about his/her progress towards attaining the goals set forth in the Educator Plan, performance on each performance standard and overall, or both.

C)        No later than May 15th, the Educator shall provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

D)        The Evaluator shall complete the Formative Evaluation report and provide a copy to the Educator. All Formative Evaluation reports must be signed by the Evaluator and delivered face-to-face, by email or to the Educator's school mailbox .

E)        Upon the request of either the Evaluator or the Educator, the Evaluator and the Educator will meet either before or after completion of the Formative Evaluation Report.

F)         The Educator may reply in writing to the Formative Evaluation report within 5 school days of receiving the report. The response will be attached to the report.

G)        The Educator shall sign the Formative Evaluation report by within 5 school days of receiving the report. The signature indicates that the Educator received the Formative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

H)        As a result of the Formative Evaluation report, the Evaluator may change the activities in the Educator Plan.

I)         If the rating in the Formative Evaluation report differs from the last summative rating the Educator received, the Evaluator may place the Educator on a different Educator Plan, appropriate to the new rating.

14)       Evaluation Cycle: Summative Evaluation

A)        The evaluation cycle concludes with a summative evaluation report. For Educators on a one or two year Educator Plan, the summative report must be written and provided to the educator by May 15th.

B)        The Evaluator determines a rating on each standard and an overall rating based on the Evaluator's professional judgment, an examination of evidence against the Performance Standards and evidence of the attainment of the Educator Plan goals.

C)        The professional judgment of the primary evaluator shall determine the overall summative rating that the Educator receives.

D)        For an educator whose overall performance rating is exemplary or proficient and whose impact on student learning is low, the evaluator's supervisor shall discuss and review the rating with the evaluator and the supervisor shall confirm or revise the educator's rating.

In cases where the superintendent serves as the primary evaluator, the superintendent's decision on the rating shall not be subject to review.

E)        The summative evaluation rating must be based on evidence from multiple categories of evidence. MCAS Growth scores shall not be the sole basis for a summative evaluation rating.

F)         To be rated proficient overall, the Educator shall, at a minimum, have been rated proficient on the Curriculum, Planning and Assessment and the Teaching All Students Standards of Effective Teaching Practice.

G)        By June 1st, the Educator will provide to the Evaluator evidence of family outreach and engagement, fulfillment of professional responsibility and growth, and progress on attaining professional practice and student learning goals. The educator may also provide to the evaluator additional evidence of the educator's performance against the four Performance Standards.

H)        The Summative Evaluation report should recognize areas of strength as well as identify recommendations for professional growth.

I)         The Evaluator shall deliver a signed copy of the Summative Evaluation report to the Educator face-to-face, by email or to the Educator's school mailbox no later than June 1st.

J)         The Evaluator shall meet with the Educator rated needs improvement or unsatisfactory to discuss the summative evaluation. The meeting shall occur by June 1st.

K)        The Evaluator may meet with the Educator rated proficient or exemplary to discuss the summative evaluation, if either the Educator or the Evaluator requests such a meeting. The meeting shall occur by June 15th.

L)        Upon mutual agreement, the Educator and the Evaluator may develop the Self-Directed Growth Plan for the following two years during the meeting on the Summative Evaluation report.

M)       The Educator shall sign the final Summative Evaluation report by June 15th. The signature indicates that the Educator received the Summative Evaluation report in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

N)        The Educator shall have the right to respond in writing to the summative evaluation which shall become part of the final Summative Evaluation report.

O)        A copy of the signed final Summative Evaluation report shall be filed in the Educator's personnel file.

15)       Educator Plans - General

A)        Educator Plans shall be designed to provide Educators with feedback for improvement, professional growth, and leadership; and to ensure Educator effectiveness and overall system accountability. The Plan must be aligned to the standards and indicators and be consistent with district and school goals.

B)        The Educator Plan shall include, but is not limited to:

i)          At least one goal related to improvement of practice tied to one or more Performance Standards;

ii)         At least one goal for the improvement the learning, growth and achievement of the students under the Educator's responsibility;

iii)        An outline of actions the Educator must take to attain the goals and benchmarks to assess progress. Actions must include specified professional development and learning activities that the Educator will participate in as a means of obtaining the goals, as well as other support that may be suggested by the Evaluator or provided by the school or district. Examples may include but are not limited to coursework, self-study, action research, curriculum development, study groups with peers, and implementing new programs.

C)        It is the Educator's responsibility to attain the goals in the Plan and to participate in any trainings and professional development provided through the state, district, or other providers in accordance with the Educator Plan.

16)       Educator Plans: Developing Educator Plan

A)        The Developing Educator Plan is for all Educators without PTS, and, at the discretion of the Evaluator, Educators with PTS in new assignments under a different licensure.

B)        The Educator shall be evaluated at least annually.

17)       Educator Plans: Self-Directed Growth Plan

A)        Two-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is moderate or high. A formative evaluation report is completed at the end of year 1 and a summative evaluation report at the end of year 2.

B)        A One-year Self-Directed Growth Plan is for those Educators with PTS who have an overall rating of proficient or exemplary, and after 2013-2014 whose impact on student learning is low, based on ESE data when available. In this case, the Evaluator and Educator shall analyze the discrepancy between the summative evaluation rating and the rating for impact on student learning to seek to determine the cause(s) of the discrepancy.

18)       Educator Plans: Directed Growth Plan

A)        Directed Growth Plan is for those Educators with PTS whose overall rating is needs improvement.

B)        The goals in the Plan must address areas identified as needing improvement as determined by the Evaluator.

C)        The Evaluator shall complete a summative evaluation for the Educator at the end of the period determined by the Plan, but at least annually, and in no case later than June 1st.

D)        For an Educator on a Directed Growth Plan whose overall performance rating is at least proficient, the Evaluator will place the Educator on a Self-Directed Growth Plan for the next Evaluation Cycle.

E)        For an Educator on a Directed Growth Plan whose overall performance rating is not at least proficient, the Evaluator will rate the Educator as unsatisfactory and will place the Educator on an Improvement Plan for the next Evaluation Cycle.

19)       Educator Plans: Improvement Plan

A)        An Improvement Plan is for those Educators with PTS whose overall rating is unsatisfactory.

B)        The parties agree that in order to provide students with the best instruction, it may be necessary from time to time to place an Educator whose practice has been rated as unsatisfactory on an Improvement Plan of no fewer than 50 school days and no more than one school year. In the case of an Educator receiving a rating of unsatisfactory near the close of one school year, the Improvement Plan may include activities that occur during the summer before the next school year begins.

C)        The Evaluator must complete a summative evaluation for the Educator at the end of the period determined by the Evaluator for the Plan.

D)        An Educator on an Improvement Plan shall be assigned a Supervising Evaluator (see definitions). The Supervising Evaluator is responsible for providing the Educator with guidance and assistance in accessing the resources and professional development outlined in the Improvement Plan. The primary evaluator may be the Supervising Evaluator.

E)        The Improvement Plan shall define the problem(s) of practice identified through the observations and evaluation and detail the improvement goals to be met, the activities the Educator must take to improve and the assistance to be provided to the Educator by the district.

F)         The Improvement Plan process shall include:

i)          Within ten school days of notification to the Educator that the Educator is being placed on an Improvement Plan, the Evaluator shall schedule a meeting with the Educator to discuss the Improvement Plan. The Evaluator will develop the Improvement Plan, which will include the provision of specific assistance to the Educator.

ii)         The Educator may request that a representative of the Association attend the meeting(s).

iii)        If the Educator consents, the Association will be informed that an Educator has been placed on an Improvement Plan.

G)        The Improvement Plan shall:

i)          Define the improvement goals directly related to the performance standard(s) and/or student learning outcomes that must be improved;

ii)         Describe the activities and work products the Educator must complete as a means of improving performance;

iii)        Describe the assistance that the district will make available to the Educator;

iv)        Articulate the measurable outcomes that will be accepted as evidence of improvement;

v)         Detail the timeline for completion of each component of the Plan, including at a minimum a mid-cycle formative assessment report of the relevant standard(s) and indicator(s);

vi)        Identify the individuals assigned to assist the Educator which must include minimally the Supervising Evaluator; and,

vii)       Include the signatures of the Educator and Supervising Evaluator.

H)        A copy of the signed Plan shall be provided to the Educator. The Educator's signature indicates that the Educator received the Improvement Plan in a timely fashion. The signature does not indicate agreement or disagreement with its contents.

I)         Decision on the Educator's status at the conclusion of the Improvement Plan.

i)          All determinations below must be made no later than June 1st. One of three decisions must be made at the conclusion of the Improvement Plan:

a)         If the Evaluator determines that the Educator has improved his/her practice to the level of proficiency, the Educator will be placed on a Self-Directed Growth Plan.

b)         In those cases where the Educator was placed on an Improvement Plan as a result of his/her summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is making substantial progress toward proficiency, the Evaluator shall place the Educator on a Directed Growth Plan.

c)         In those cases where the Educator was placed on an Improvement Plan as a result of his/her Summative rating at the end of his/her Directed Growth Plan, if the Evaluator determines that the Educator is not making substantial progress toward proficiency, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

d)         If the Evaluator determines that the Educator's practice remains at the level of unsatisfactory, the Evaluator shall recommend to the superintendent that the Educator be dismissed.

 

20.     Timelines (Dates in italics are provided as guidance)

Activity:

Completed By:

Superintendent, principal or designee meets with evaluators and educators to explain evaluation process and notifies educators of primary evaluator.

October 1

Evaluator meets with first-year educators to assist in self-assessment and goal setting process

Educator submits self-assessment and proposed goals

October 1

(November 1 for first year of implementation)

Evaluator meets with Educators in teams or individually to establish Educator Plans (Educator Plan may be established at Summative Evaluation Report meeting in prior school year)

October 15

Evaluator completes Educator Plans

November 1

Evaluator should complete first observation of each Educator

November 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

* or four weeks before Formative Assessment Report date established by Evaluator

January 5*

Evaluator should complete mid-cycle Formative Assessment Reports for Educators on one-year Educator Plans

February 1

Evaluator holds Formative Assessment Meetings for Educators on one-year Educator Plans if requested by either Evaluator or Educator

February 15

Educator submits evidence on parent outreach, professional growth, progress on goals (and other standards, if desired)

May 15*

Evaluator completes Summative Evaluation Report

June 1

Evaluator meets with Educators whose overall Summative Evaluation ratings are Needs Improvement or Unsatisfactory

June 1

Evaluator meets with Educators whose ratings are proficient or exemplary at request of Evaluator or Educator

June 10

Educator signs Summative Evaluation Report and adds response, if any within 5 school days of receipt

June 15

 

A)      Educators with PTS on Two Year Plans

Activity:

Completed By:

Evaluator completes unannounced observation(s)

Any time during the 2-

year evaluation cycle

Evaluator completes Formative Evaluation Report

June 1 of Year 1

Evaluator conducts Formative Evaluation Meeting, if any

June 10 of Year 1

Evaluator completes Summative Evaluation Report

June 1 of Year 2


Evaluator conducts Summative Evaluation Meeting, if any

June 15 of Year 2

 

Evaluator and Educator sign Summative Evaluation Report

June 15 of Year 2

 

 

B)        Educators on Plans of Less than One Year

i)          The timeline for educators on Plans of less than one year will be established in the Educator Plan.

21.       Career Advancement

A)        In order to attain Professional Teacher Status, the Educator should achieve ratings of proficient or exemplary on each Performance Standard and overall. A principal considering making an employment decision that would lead to PTS for any Educator who has not been rated proficient or exemplary on each performance standard and overall on the most recent evaluation shall confer with the superintendent by May 1st. The principal's decision is subject to review and approval by the superintendent.

C)        Educators with PTS whose summative performance rating is exemplary and, after 2013­14 whose impact on student learning is rated moderate or high, shall be recognized and rewarded with leadership roles, promotions, public commendation or other acknowledgement as determined by the district through collective bargaining where applicable.

22.       Rating Impact on Student Learning Growth

ESE will provide model contract language and guidance on rating educator impact on student learning growth based on state and district-determined measures of student learning. Upon receiving this model contract language and guidance, the parties agree to bargain with respect to this matter.

23.       Using Student feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

24        Using Staff feedback in Educator Evaluation

ESE will provide model contract language, direction and guidance on using staff feedback in Administrator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.

25        Transition from Existing Evaluation System

 

A)        All Educators will be subject to the new evaluation system.

B)        All Educators will be rated as proficient in all regards initially.

C)        Non P.T.S. Educators and Educators beginning a new assignment under a different license will be placed on a Developing Educator Plan.

D)        P.T.S. Educators who have in the previous year completed their Clinical Observation year under the current system will be placed in year one of a two -year Self Directed Growth Plans.

E)         P.T.S. Educators who in the previous year have completed their Non-evaluation goal setting year shall be placed in year two of a two-year Self Directed Growth Plans.

F)         The previous system remains in effect only as to issues not directly addressed by the new system instituted through this document and contract

26.       General Provisions

A)        Only Educators who are licensed may serve as primary evaluators of Educators.

B)        Evaluators shall not make negative comments about the Educator's performance, or comments of a negative evaluative nature, in the presence of students, parents or other staff, except in the unusual circumstance where the Evaluator concludes that s/he must immediately and directly intervene. Nothing in this paragraph is intended to limit an administrator's ability to investigate a complaint, or secure assistance to support an Educator.

C)        The superintendent shall insure that Evaluators have training in supervision and evaluation, including the regulations and standards and indicators of effective teaching practice promulgated by ESE (35.03), and the evaluation Standards and Procedures established in this Agreement.

D)        Should there be a serious disagreement between the Educator and the Evaluator regarding an overall summative performance rating of unsatisfactory, the Educator may meet with the Evaluator's supervisor to discuss the disagreement. Should the Educator request such a meeting, the Evaluator's supervisor must meet with the Educator. The Evaluator may attend any such meeting at the discretion of the superintendent.

E)         The parties agree to establish a joint labor-management evaluation team which shall review the evaluation processes and procedures annually through the first three years of implementation and recommend adjustments to the parties.

F)         Violations of this article are subject to the grievance and arbitration procedures. The

G)        arbitrator shall determine whether there was substantial compliance with the totality of the evaluation process.

ARTICLE 15 - TEACHER FACILITIES

A.        Each school will have the following in existing buildings to the extent facilities may be providedwithout major expenditure of funds and should be designed in new building construction.

1.         Space in each classroom in which teachers may safely store instructional materials and supplies;

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

3.         An appropriately furnished room to be reserved for the exclusive use of the teachers as a faculty lounge. Said room will be in addition to the aforementioned work area;

4.         In the absence of a pay phone, the teacher has the right to the private use of the school phone for local calls;

5.         A serviceable desk and chair for the teacher in each classroom;

6.         A communication system so that each teacher can communicate with the main building office from his classroom;

7.         A well-lighted and clean male teachers' restroom and well-lighted and clean female teachers' restroom; and

8.         A separate, private dining area for the exclusive use of the staff.

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

ARTICLE 16 - SICK LEAVE

A.        Teachers will be entitled to 15 days sick leave each school year as of the first official day of said school year. Sick leave may be accumulated from year to year to two-hundred twenty-five (225) days.

B.         A teacher who anticipates being absent for an extended period of time due to illness or other disability shall inform the Superintendent of her/his best estimate as to how long he/she expects to be absent in order for the administration to plan adequately for a substitute. A teacher absent for more than ten (10) consecutive school days shall provide a doctor's note attesting to her/his disability if requested to do so by the Superintendent. Any teacher who has been absent because of illness for fifteen (15) consecutive school days shall return to her/his duties only after presentation of a certificate from her/his attending physician indicating a satisfactory recovery and ability to perform her/his duties.

C.         On the first pay day in September, each teacher will be notified in writing of the total number of sick leave days he/she has accumulated.

D.         Sick Leave Bank

1.         A sick leave bank will be established for use by members of the bargaining unit who have exhausted their own sick leave and have a prolonged and/or serious illness or injury. This includes nurses (Unit C).

2.         Each member of the bargaining unit shall contribute one day from her/his sick leave accumulation to the Sick Leave Bank in order to fund the bank. In the event the Sick Leave Bank becomes depleted, each member of the bargaining unit shall contribute a day from her/his sick leave accumulation to re-fund the bank. No more than two (2) sick leave bank days shall be deducted from teachers' individual sick leave accounts in any one school year. Sick Leave Bank days unused in one school year shall be carried over to the next school year. At no point shall the bank contain more days than the number of unit members.

3.         The Sick Leave Bank shall be administered by a Sick Leave Bank Board consisting of four members. Two members will be designated by the Superintendent to serve at its pleasure, and two members shall be designated by the Association to serve at its pleasure. Award of benefits from the bank require a majority vote of the full Board.

4.         Any initial grant of sick leave by the Board shall not exceed thirty (30) days. If need continues, reapplication to the Board may be made for further extensions up to a maximum of thirty (30) days each. Except as provided hereafter in this paragraph, no more than ninety (90) days may be granted by the Sick Leave Bank Board to any individual for a single illness or accident. The Board agrees to give due consideration to those situations of unusual circumstances and for hardship arising from prolonged illness or accident when an employee's accrued sick leave and ninety (90) days from the Bank have been exhausted. Such situations will be brought to the attention of the Board by the Association only, whereupon the Board may authorize up to an additional ninety (90) Sick Leave Bank days.

5.         A teacher who has received a grant from the Sick Leave Bank will, upon her/his return to regular teaching duties, receive five (5) sick leave days from the bank to be used in the event of illness during the remainder of the school year. Days not used will be returned to the bank on the last day of school.

6.         Subject to the provisions of this Article the Board shall utilize the following criteria in administering the bank and in determining eligibility and amount of leave:

a.         Adequate medical evidence, including diagnosis and prognosis, or serious and/or prolonged illness or injury and expected date of return. This information shall remain confidential with the Sick Leave Bank Board.

b.         Prior utilization of sick leave shall be a factor if abuse has been shown.

7.         The decision of the Sick Leave Bank Board with respect to eligibility and entitlement shall be final and binding and not subject to appeal except for reconsideration to the Board itself.

E.         A teacher who has been on duty and must leave school because of illness will have one full day deducted from his sick leave accumulation if he leaves before 11:00 a.m. and will have one-half day deducted from sick leave if he leaves after 11:00 a.m.

F.         A teacher may use up to three (3) days of sick leave per year in case of serious illness or accident befalling a spouse or child and where the presence of the teacher is required as determined by the Superintendent. Such leave shall not be unreasonably withheld.

G.        A teacher may elect to redeem four (4) days of unused sick leave according to the following schedule:

Sick Days Used                       Annual Incentive Payment

0                                              $500

more than 0 up to 1                   400

more than 1 up to 2                   300

more than 2 up to 3                   200

more than 3 up to 4                   150

 

The payment shall be made on the first regular payday of the following September provided that the teacher gives a written request to that effect to the Superintendent by June 30. Failure to elect as provided above shall disentitle the teacher to the redemption under this Section. If the teacher does not elect to redeem the four (4) days, then her/his sick leave shall remain and be accumulated in the same manner as is the practice under Section A above.

ARTICLE 17 - TEMPORARY LEAVES OF ABSENCE

A.        Personal Leave

1.         Each teacher may have three (3) days with pay per year, non-cumulative, for the purpose of transacting or attending to personal, business or household matters which require the absence of the teacher during school hours and which cannot be otherwise scheduled.

Personal days are not intended to be used as vacation days.

2.         Written notice of intention to take such leave shall be filed with the principal at least one (1) week in advance whenever possible.

3.         In the event of personal days taken on days immediately before and/or after vacation periods and long weekends, and professional development days application requesting said personal day(s) shall be filed with the Superintendent and must state the reason(s) for the leave in order that it might be determined whether the leave falls within the definition of A-1. Approval of these requests shall not be unreasonably withheld, nor shall the Superintendent act in an arbitrary, capricious, inconsistent or discriminatory manner in acting on such requests. Should a dispute arise concerning the granting of personal leave on days immediately before and/or after vacation periods and long weekends, the teacher may take such leave but shall not be compensated for such leave unless and until the matter is resolved in favor of the teacher.

4.         Unused personal days shall be added to one's sick leave accumulation.

B.         Professional Leave

At the discretion of the Superintendent, each teacher may take leave with pay for the purpose of visiting other schools, attending meetings or conferences, or other activities which will be beneficial to the teacher and/or the school system.

C.        Legal Leave

1.         Each teacher shall be entitled to time necessary for appearance at court as a witness or for a hearing concerning legal affairs called by a governmental agency.

2.         In the event a teacher must serve as a juror, the teacher will be paid the difference between his regular rate of pay and the amount of jury duty pay. All other benefits will be continued as if he/she were actively employed by the Committee.

D         Death in the Family Leave

1.         In the event of the death of a teacher's parent (or a person who has served in loco parentis), spouse, or child, the teacher shall be entitled to leave with pay for all work days falling within seven (7) consecutive days beginning with the time of death.

2.         In the event of the death of a teacher's sibling, parent-in-law, or other members of the teacher's immediate household, the teacher shall be entitled to leave with pay for all work days falling within four (4) consecutive days beginning with the time of death.

3.         In the event of the death of a teacher's or spouse's grandparent, the teacher will be entitled to leave with pay on the day of the funeral, if it is a work day and if the teacher attends the funeral, and up to 2 days additional with pay for traveling time as necessary.

4.         In the event of the death of a teacher's aunt, uncle, niece, nephew or first cousin, the teacher shall be entitled to leave with pay for the day of the funeral if it is a work day and if the teacher attends the funeral and may request up to 2 days additional leave with pay from the Superintendent for travel.

5.         In the event of a death of those listed above or others, the Superintendent may, if he believes that there are special circumstances which warrant it, grant leave or additional leave.

Military Leave

Each teacher may have a maximum of 17 days per school year if called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligation cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal government.

F.         Miscellaneous

1.         Leaves in addition to or other than the above may be granted by the Superintendent for causes he deems reasonable.

2.         Leaves taken pursuant to this section shall be in addition to any sick leave to which the teacher is entitled, and the teacher will not be required to arrange for his own substitute.

3.             Temporary Leaves Without Pay - The Committee may grant leaves without pay. Any such leave must be approved in advance by the Superintendent. For each day of such leave, 1/200th of the teacher's annual salary shall be deducted.

ARTICLE 18 - MATERNITY LEAVE

A.        Upon receipt from a pregnant teacher of at least two weeks' written notice of her anticipated date of departure and intention to return, the Committee shall grant a maternity leave for up to eight (8) weeks in accordance with the provisions of Massachusetts General Laws, Chapter 149, Section 150D, or for a period not to exceed twelve (12) weeks for a teacher who has been employed for at least twelve (12) consecutive months in accordance with the Family and Medical Leave Act.

B.         Though said leave itself will be without pay, the teacher may elect to use any of her sick leave accumulation for said period of eight (8) weeks or any portion thereof, or twelve (12) weeks or any portion thereof, as the case may be. Use of sick leave beyond eight (8) weeks for maternity leave shall be based on continued disability beyond said eight (8) weeks as certified by the teacher's attending physician.

C.         Said leave may be extended by mutual agreement of the teacher and the Superintendent in order that said teacher may return at an appropriate time in consideration of the students' program(s), such as at the beginning of a semester, beginning of a marking period, or after a vacation period, or in situations of continuing legitimate medical disability as certified in writing by her physician.

D.        Upon receipt from a unit member who intends to adopt a child and become the primary caregiver, the above language (A, B and C) applies. If there are two unit members that are adopting a child together, then only one will be eligible for this leave, per adoption.

E          Parental Leave: Upon notification to his/her supervisor that a teacher is to become a parent, he/she may access his/her sick leave accumulation for up to one (1) week - 5 days.

ARTICLE 19 - EXTENDED LEAVES OF ABSENCE

A.        The Committee agrees that up to two (2) teachers and one nurse designated by the Association will, upon request, be granted a leave of absence for up to two (2) years without pay for the purpose of engaging in Association (state and national) activities. Upon return from such leave, a tenure teacher will be considered as if he were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent. A non tenure teacher will return at the step next above that from which he left.

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

C.         Military leave will be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States to fulfill a military obligation. Upon return from such leave, a teacher will be placed on the salary schedule at the level which he would have achieved had he remained actively employed in the system during the period of his compulsory absence as a result of such induction or enlistment.

D.        A leave of absence without pay or increment of up to one (1) year will be granted for the purpose of caring for a sick member of the teacher's immediate family when the presence of such teacher is required upon certification of a physician. Additional leave may be granted at the discretion of the Committee.

E.         After four (4) years' continuous employment in the Danvers School System, a teacher may be granted a leave of absence, without pay or increment, for up to two (2) years for health reasons. Requests for such leave will be supported by appropriate medical evidence.

F.         Child Rearing Leave - A teacher with professional teacher status will be granted a leave of absence for child-rearing purposes as follows:

1.         The leave shall be without pay or increment.

2.         The leave must begin at the time of birth or adoption of a child.

3.         The leave will end at the beginning of the next school year or the year following. Application for such leave will state the date upon which the teacher will return.

4.         No teacher will be eligible for more than one such leave for any child.

G.        Any teacher whose personal illness extends beyond the period compensated will be granted a leave of absence without pay or increment for such time as is necessary for complete recovery from such illness upon certification of a physician. Said period shall not exceed two (2) years.

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

I.          All benefits to which a teacher is entitled at the time of his leave of absence commenced, including unused accumulative sick leave, will be restored to him upon his return and he will be assigned to the same position which he held at the time said leave commenced, if available, or if not, to a substantially equivalent position.

J.          All requests for extensions or renewals of leaves will be applied for and responded to in writing.

K.        If a teacher is in the last year of an extended leave, then:

a.         If, by January 1st, the Superintendent has asked the teacher if he intends to return the following September by registered letter sent to the last known address of the teacher with a copy to the Association President, then

b.         By February 1st, the teacher shall notify the Superintendent of his intention to return the following September. Failure by the teacher so informed to so notify the Superintendent shall constitute a resignation.

L.         Notwithstanding other leave provisions set forth in this Article, a teacher who has been employed for twelve (12) consecutive months shall be entitled to a leave of absence without pay for up to twelve (12) consecutive weeks for adoption, foster care placement of child or if a serious health condition affects the employee or the employee's spouse, child or parent in accordance with the Federal Family and Medical Leave Act. Consistent with the Family and Medical Leave Act, during said twelve (12) week leave, an employee on leave under this Section shall continue to be eligible for health insurance with the Town and the employee paying their respective regular costs of the health insurance. Leave taken under this Section cannot be added to other leave provisions set forth in this Article.

ARTICLE 20 - SABBATICAL LEAVES

 

Upon recommendation by the Superintendent, sabbatical leaves may be granted by the Committee to members of the teaching staff according to the following provisions:

 

A.        The applicant will have completed at least seven (7) consecutive full school years of service in the Danvers School System prior to going on sabbatical leave.

B.         Application for sabbatical leave must be made in writing to the Superintendent no later than October 15th of the year preceding the year for which leave is requested. The application must contain recommendations of the teacher's supervisors and shall be accompanied by a detailed statement of plans for spending the leave in a manner clearly calculated to contribute to the professional advantage of the candidate and the best interests of the Danvers School System. Notification of action on such applications shall be given in writing to each applicant by April 1st of the year preceding the year for which leave is requested.

C.         Upon return from such leave a detailed written report of activities during leave shall be transmitted to the Superintendent.

D.        A teacher on sabbatical leave will be paid at his rate of full pay for a semester's leave or half pay for a full school year's leave provided that such pay when added to any program grant will not exceed the teacher's regular salary rate. Normal increments and other benefits will also be guaranteed.

E.         The teacher agrees to return to employment in the Danvers School System for one full year in the event of a semester's leave or two full school years in the event of a full school year's leave. Failure to fulfill this agreement shall result in the return to Danvers of all moneys paid during the sabbatical leave in accordance with provisions of Chapter 71, Section 41A of the General Laws of Massachusetts.

F.         Effective September 1, 2001, teachers with three (3) or more consecutive full school years of service in the Danvers School System (but less than the seven (7) years set forth in Section A) and who have professional teacher status shall be eligible for sabbatical leaves according to the terms set forth in this Article with the following modifications:

1.         That such teacher agrees to return to employment in the Danvers School System for two full school years in the event of a semester's leave or three full school years in the event of a full school year's leave. Failure to fulfill this agreement shall result in the return to Danvers of all moneys paid during the sabbatical leave in accordance with provisions of Chapter 71, Section 41A of the General Laws of Massachusetts.

2.         In the event one or more teachers with more than seven (7) years of consecutive full school years of service in the Danvers School System are also applicants for a Sabbatical Leave, such teachers shall have preference for Sabbatical Leaves over those who are applicants under this Section G.

3.         The parties agree to review action taken under this language annually.

ARTICLE 21 - PROFESSIONAL DEVELOPMENT AND EDUCATIONAL IMPROVEMENT

The Association recognizes that in our rapidly changing society, teachers must constantly review curriculum content, teaching methods and materials, educational philosophy and goals, social changes and other topics related to the quality of services in the classroom. The Committee recognizes that it shares with its professional staff the responsibility for achieving the optimum in teacher performance and attitudes, by agreeing as follows:

A.        The Committee will pay the reasonable expenses (including fees, meals, lodging, and/or transportation) incurred by teachers who attend workshops, seminars, conferences, conventions, in-service courses, or other professional improvement sessions at the request and/or with the advance approval of the Superintendent based on the recommendations of the principal or immediate supervisors.

B.         1.         All mandatory workshops, seminars, and in-service courses shall be recognized for credit beyond the bachelor's and master's degrees.

2.         The Superintendent, with agreement of the Committee, may at his discretion recognize for credit beyond bachelor's and master's degree voluntary workshops, seminars, and in-service courses not to exceed 40 percent of the teachers' overall degree program.

C.         All NDEA and NSF courses shall be recognized for credit beyond bachelor's and master's degrees, if prior approval of the Superintendent has been received.

D.        All courses previously approved in the Danvers School System will be honored.

E.         Courses approved by the Superintendent, taken independently, at any time, on a graduate or undergraduate level at an accredited institution of higher education will be honored for increment beyond the master's degree.

F.         Student or practice teachers shall be assigned only with the consent of the cooperating teacher.

G.        In those cases where vouchers are awarded to the Danvers School System as distinct from those awarded to a specific individual, the Superintendent shall distribute the vouchers to the cooperating teacher. In the event the cooperating teacher does not wish to use the voucher, the Superintendent in consultation with and with the concurrence of the President of the Association shall then distribute them as equitably as possible to other members of the staff, assuming that this agrees with the policy of the college or university.

H.        In the event there is a conflict between the meeting time of a course or program approved by the Superintendent and an afternoon school meeting scheduled pursuant to Article 5, Section B, the teacher will be free to leave the meeting in sufficient time in order to attend said approved course or program.

I.          When new technology, equipment or programs are introduced, proper training and sufficient materials will be provided. The school system shall provide proper training and sufficient materials for new programs.

J.          The following concepts will be incorporated into Danvers Professional Development for unit members:

1.         The Professional Development budget will be increased by $5,000 for school year 2008­2009.

2.         Each department will have the ability to meet with the Assistant Superintendent to discuss Professional Development needs and suggestions.

3.         Establish a Professional Development Committee with both DTA and Administration members to address the following:

a.         In-service - Danvers University - what's offered.

b.         Programs for small groups

c.         Tuition reimbursement

d.         Assistance in pursuing a Masters degree

e.         On-site graduate courses

f.          Professional Development issues as necessary

K.        The Professional Development schedule will change provided the following conditions are met:

1.         There is no increase in instructional time

2.         There is no increase in meetings

3.         Agreement can be reached concerning schedules for all three levels.

4.         Adjustments to teachers' schedules can be agreed upon.

5.         Elementary teachers will retain their 200 free minutes every week.

 

6.         Teachers are allowed to leave on Monday as they can on Friday.

7.         During grading periods, an hour of professional development time shall be used by teachers for grading, as stated in the contract.

8.         Although assignments may be presented ahead of time, work outside of the PD time frame is not mandatory, unless mutually agreed upon.

9.         Should all or part of this proposal need to be phased in, the parties agree to discuss the logistics necessary to make it work.

10        For this schedule, 5 minutes will be added to the non-release student day at all three levels. Should the schedule need to be changed, the parties agree to discuss and work out the implications. Should the proposal be dropped, the entire schedule shall revert back to the negotiated schedule as presented in the 2007/2008 school year.

11        Change the payment for teaching in-service courses to:$1500 per credit the first time the course is taught, $1200 per credit each time thereafter.

12.       A group membership to MSNO (Mass. School Nurse Organization) will be provided.

 

ARTICLE 22-PROTECTION

A.        Teachers will immediately report all cases of assault suffered by them in connection with their employment to the Superintendent in writing, and also to the Retirement Board.

B.         This report will be forwarded to the Committee which will comply with any reasonable request from the teacher for information in its possession relating to the incident of the persons involved.

C.         The Committee agrees to follow conditions of Chapter 41, Section 100C in any process beyond the initial report as provided in Section A above.

D.        The Committee will provide appropriate protective clothing to all teachers whose responsibilities involve the use of substances or procedures which might damage personal clothing as determined by the Superintendent and the teachers involved.

E.         No teacher will suffer any loss of school-related financial compensation, including salary increments, or sick leave accumulation during any period of absence from work due to any injury suffered while in the performance of Danvers school-related duties, provided that said injury is the result of negligence on the part of the school system, assault, or other factor(s) beyond the teacher's control. Said period will not exceed two (2) calendar years from the date of said injury. Additional time may be granted at the discretion of the Committee. It is understood that, while there shall be no loss of sick leave accumulation during said period, there shall be no additional accumulation of sick leave during said period of absence.

ARTICLE 23 - INSURANCE AND ANNUITY PLANS

A.        The Committee will continue to provide the same life insurance coverage for teachers as they received in 1983-84.

B.         Teachers will be covered by the same Blue Cross/Blue Shield health insurance plan as other town employees, and the Committee agrees to deduct from his paycheck the individual's share of the cost of such Blue Cross/Blue Shield program as individually authorized by the teacher. While teachers are covered by the Town's dental program (Dental Services of Massachusetts, Inc.), for those teachers who have opted for such program, the Committee agrees to deduct from her/his paycheck the teacher's share of the cost of such program as individually authorized by the teachers.

C.         Teachers will be eligible to participate in a "tax sheltered" Annuity Plan established pursuant to United States Public Law 87-370.

D.        There will be a match of up to $250.00 made by the employer into a 403 B account in school year 2013-14. The third party administrator will be jointly decided on by both the DTA and administration, and will be set up and ready to be implemented by school year 2013-14. This provision will sunset June 30th, 2014 unless the parties agree to an extension.

E.         Professional Liability Insurance shall be provided and paid by the Committee to Nurses $100,000 - $300,000. Evidence of such shall be given to each Nurse including the name of the insuring company and the policy number.

ARTICLE 24 -ASSOCIATION RIGHTS

A.        The Association has the right to use school buildings without cost at reasonable times for its meetings so long as any Association meeting does not conflict with scheduled school programs. The principal of the building in question will be notified in advance of the time and place of such meetings. The Association has first priority of any such use provided that no conflict exists for the use of a school facility between the Association and any other group at the time the Association notifies the principal. After 4:00 p.m. the standard building-use rental forms will be utilized for any Association use of buildings.

B.         There will be one (1) bulletin board in the faculty lounge of each school for displaying Association information. A copy of each posting will be given to the building principal, but his approval of such posting is not required.

C.         1.         No more than six (6) delegates of the Association shall be granted by the Superintendentone (1) day of paid leave each year to attend the Annual MTA Convention unless said convention comes at the time of the administration of quarterly or summary exams.

2.         Time necessary for Association representatives to attend Massachusetts School Nurses Association and/or Massachusetts Nurses Association conferences and conventions subject to the approval of the Superintendent. The number of the representatives shall be subject to approval of the Superintendent. The number of representatives shall be subject to approval of the Superintendent based on relevance of conference and execution of job responsibilities.

D.        The Association will be provided a copy of the official agenda of all public Committee meetings prior to the meeting and a copy of the minutes of public Committee meetings as soon as possible after such meetings. The Committee, through the Superintendent's office, will, upon request, provide access for an Association representative to any other public information in its possession.

E.         Upon reasonable notice to one's principal, the president, vice-president, executive secretary, treasurer, and chairman of the PR and R Committee of the Association will be allowed to leave their stations upon dismissal of the students whenever necessary to perform duties as officers of the Association.

F.         The Danvers Teachers Association President will be a 20% release time position. The DTA will contribute 1/2 of the cost of 1/5 of the Presidents' base salary.

The President shall not be required to perform morning bus duty, morning monitoring of early arrivals, afternoon bus duty, supervision of detention, study hall assignments or cafeteria related duties. The President shall be allowed to conduct Association business as may be necessary upon reasonable notification to her/his principal and/or director.

The DTA President and the Danvers Superintendent will continue to meet at a mutually agreed time.

When the DTA President changes, both parties will discuss the logistics necessary to make the 20% release time work. In addition, the 'outgoing' DTA President will return to his/her full-time teaching position, with no loss of seniority.

G.        Unit members who have attained National Board Certification will be paid $1,000.00 each year the certification is in place.

ARTICLE 25 - DUES DEDUCTION

A.        The Committee agrees to deduct dues for the Danvers Teachers Association - Massachusetts Teachers Association - National Education Association from the regular paychecks of those teachers who have voluntarily authorized the Committee to make said deductions.

1.         The Committee further agrees to transmit such deducted moneys promptly to the Association.

2.         Any such authorization may be withdrawn by such teacher by giving at least 60 days written notice to the Committee via the Superintendent.

B.         No later than June 15 of each year, the Association agrees to furnish the Committee, by filing with the Superintendent, written notices of the current annual dues for individual membership in the Danvers Teachers Association, Massachusetts Teachers Association, and National Education Association.

C.         No later than October 15 of each year, the Association will provide the Committee with an updated list of those employees who have voluntarily authorized the Committee to deduct such dues as stipulated in Section A above. The Association will notify the Committee monthly of any changes in said list.

D         1.         Dues deductions will be made in twenty (20) equal monthly installments from November1 to August 31.

2.         Effective July 1, 1988, dues deductions will be made in twenty (20) equal monthly installments from September 1st to June 30th.

E.         In the event of a teacher resigning, the total dues balance will be deducted from his last paycheck.

ARTICLE 26 - TEXTBOOKS

A.        The Committee will provide textbooks and other materials, including two (2) textbooks and two (2) teacher manuals for each teacher, said books to remain the property of the School Department.

B.         Suggestions for textbooks will be solicited from teachers in the areas of their assignments by their supervisors including principals and department heads.

ARTICLE 27 - TEACHER RIGHTS

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

B.         The private and personal life of a teacher is not within the appropriate concern or attention of the Committee except as it may interfere with the teacher's responsibilities to and relationships with students and/or the school system.

C.         A teacher's plan book(s) will remain the property of the teacher.

ARTICLE 28 - REDUCTION IN FORCE

A.        Any reduction in force will be consistent with the General Laws, Rules and Regulations of the Department of Education, and this Agreement.

B.         Reduction in force will first be achieved by natural attrition - resignation of any teacher, retirement of any teacher, death of any teacher and nonrenewal of a teacher without professional teacher status.

 

C.         The Superintendent may make, at her/his discretion, any transfer(s) from subject area silo to subject area silo which he deems reasonable for the benefit of the school system to protect senior teachers from layoff. The Superintendent is not required, under this Section, to make any transfer(s). If the Superintendent desires to transfer a teacher from one subject area silo to another subject area silo, it will not be for the purpose of placing that teacher into a lesser seniority status. Any transfer(s) made by the Superintendent at his sole discretion shall not be unreasonable. Any affected teacher will be given prompt notice of any transfer made under this Section, with a copy to the Association President.

In the event any teacher with a "general certification" or "exempt certification" is involuntarily transferred under this language and where such involuntary transfer is made because of her/his general or exempt certification, such teacher will have the right of first refusal for a vacant position for which he/she is certified in the subject area silo from which he/she was involuntarily transferred. If more than one such teacher has been so involuntarily transferred from the same silo, the determination of the teacher initially having the right of first refusal shall be based on seniority, provided that in the Superintendent's judgment the interests of sound education are served; the Superintendent's judgment shall not be unreasonable. Any other teacher involuntarily transferred solely on the basis of certification under this Section will be returned to her/his original (or comparable) position, if vacant and/or available, if he/she so desires, as soon as practicable, provided that in the Superintendent's judgment the interests of sound education are served; the Superintendent's judgment shall not be unreasonable.

D.        If the Committee decides it is necessary to reduce staff beyond that provided in Sections A, B and C above, the Committee may lay off one or more teachers with professional teacher status in a particular subject area silo; in such event the least senior teacher(s) in that particular subject area silo will be laid off first. Notwithstanding the foregoing, neither the utilization of the fifth period for English teachers nor the transition from a K-6, 7-9 (Junior High School), 10-12 organization to a K-5, 6-8 (Middle School), 9-12 organization shall be used as a device to reduce teachers.

E.         For the purpose of this Agreement, the subject area silos and classifications shall be as follows:

1.   Elementary, K-6                                         1         Elementary (K-6)

2.   English                                                       2         Secondary English

3.   Social Studies                                             3          a-Secondary History

                                                                         3b       Secondary Geography

                                                                         3c       Secondary Social Studies

4.   Mathematics                                               4         Secondary Mathematics

5.   Science                                                       5a       Secondary Chemistry

                                                                         5b       Secondary Physics

                                                                         5c        -Secondary Biology

                                                                         5d       Secondary General Science

                                                                         5e       Secondary Earth Science

6.   World Language                                         6a       Secondary French

                                                                         6b        Secondary German

                                                                         6c       Secondary Spanish

                                                                         6d        -Secondary Latin

7.   Health & Physical Education                      7a       Health and Phys. Ed. (K-12)

                                                                         7b       Health (Secondary)

8.   Business                                                     8         Business

9.   Home Economics                                       9         Home Economics

10. Industrial Arts                                            10       Industrial Arts

11  Reading                                                      11       Reading (K-12)

12. Art                                                              12       Art (K-12)

13. Music                                                         13       Music (K-12)

14  Driver Education                                        14       Driver Education

15  Special Needs                                             15a     Speech & Hearing Handicapped

                                                                         15b     Mild Special Needs

 

 

 

                                                                         15c     Moderate Special Needs

                                                                         15d      -Severe Special Needs

16  Guidance Counselor                                   16       Guidance Counselor (K-12)

17  Media Services                                           17a     School Librarian Teacher

                                                                         17b     Audio-Visual Media Specialist

18  Social Work                                               18        Social Worker

19  Nurse                                                         19.       Nurse

For the purposes of this Article, Middle School teachers will remain in the silo and classification they werein as of November 1, 1987; i.e., grade six teachers will remain in the elementary silo and teachers of gradesseven and eight will remain in the subject area silos and classifications.

NOTE: A teacher with a split assignment (i.e. - two subject area silos) shall be placed on the seniority list of the subject area silo of her/his majority assignment.

F.         Bumping Rights

1.         A teacher who is scheduled to be laid off from a position in the secondary schools may bump a less senior teacher in her/his subject area silo if the bumping teacher is certified in the classification in the subject area silo into which he/she requests to bump.

2.         Any teacher involuntarily transferred to another subject area silo, who is scheduled to be laid off or is laid off from the new subject area silo, will have bumping rights based on her/his seniority to a position in the subject area silo from which he/she was involuntarily transferred and in which he/she is certified.

G.         Seniority

1.         Seniority is defined as the length of continuous service as a full-time teacher in Danvers measured from the first day for which compensation was received and shall include time spent on leaves (paid and/or unpaid) authorized by statute, appropriate policy, and/or collective bargaining agreement(s) at the time the leave(s) was (were) taken. A teacher who applied for unpaid child-rearing leave subsequent to September 1, 1980 (Article 18, Section F) and upon the effective date of this Agreement a teacher who thereafter applies for any other approved unpaid leave under Article 18 (Extended Leaves of Absence) shall not while on such leave(s) accrue seniority; this provision does not apply to any mandated federal or state law leave wherein the teacher is entitled by law to accrue seniority while on such leave.

a.         A part-time teacher will receive pro-rated seniority for the purpose of placement on the seniority list.

2.         In the event that it is necessary to break a tie in seniority, educational advancement on the salary schedule shall be determinative. If a tie still exists, the teacher with an earlier appointment date shall have seniority; in case of identical appointment dates, the Committee shall determine the order of layoff.

H.         Notifications

1.         Teacher(s) with professional teacher status will be laid off only at the end of a school year and will be given notice of such layoff by April 15th of that year. In the event that a layoff is a result of bumping, the notification of layoff shall not be later than May 15th of said year.

2.         Based upon information available to him at the time, the Superintendent shall inform teachers via posted notice, with a copy to the Association President, of anticipated reductions by subject area silos for the following year. Such notices shall be posted each work year on January 15th and June 1st. The June 1st notice shall inform teachers of anticipated reductions by subject area silos for the school year beginning in September of the following calendar year.

3.         The Superintendent shall post seniority lists by subject area silos, including classifications, with a copy to the Association President as follows:

a.         On a workday nearest to June 1st reflecting teacher seniority as of the immediately previous May 15th; and

b.         On the workday nearest to February 1 reflecting teacher seniority as of the immediately previous October 1st.

I.          Recall

1.         Teachers with professional teacher status who have been laid off will have recall rights as described below commencing with the last day of employment and ending with the first full school day in September three years later.

2.         If a vacancy occurs in a particular subject area silo and the Committee decides to fill that vacancy, then the most senior teacher eligible will be recalled to fill that position. As used herein, "eligible" shall mean:

a.         The teacher was laid off from the subject area silo, or

b.         The teacher has bumping rights pursuant to Section F of this Article.

The Superintendent may make, at his discretion, any transfer(s) from subject area silo to subject area silo which he deems reasonable for the benefit of the school system in order to recall senior teacher(s) on layoff.

3.         Any teacher recalled will be notified of recall via registered or certified mail at her/his last address of record, with a copy sent at the same time to the Association President. A teacher shall have 15 days from the date of receipt of such notice to notify the Superintendent of her/his acceptance or rejection and to be available to start. A teacher who rejects recall or fails to respond on time shall forfeit all further rights to recall.

4.         A teacher who is recalled shall have the same benefits he had at the time of layoff with respect to tenure, unused sick leave and placement on the salary schedule but shall receive or acquire no benefits of any kind during the period of layoff except any benefits that he/she has by statute.

J.          Either party may reopen this Agreement relative to the litigated issue of whether administrator(s) in the school system are entitled to fall-back rights upon receipt of a court decision concerning the School Committee's appeal of the arbitrator decision dated September 21, 1981 of Arbitrator Richard G. Higgins. The insertion of this paragraph and its use of language may not be used by either party to apply to the substance of that litigated issue. Neither party herein waives or intends to waive its rights or positions by insertion of this clause.

ARTICLE 29 - CHAPTER 766

Effective September 1, 1978, the parties agree to implement the following:

A.        The Committee agrees that the implementation of Chapter 766 shall be consistent with the rules and regulations of the State Department of Education.

B.         The parties agree that there shall be formed a 766 Committee composed of three persons appointed by the School Committee and three persons appointed by the Association. This Committee will, on a continuing basis, study the impact of 766 on classroom teachers and will make any recommendations it sees fit to the Association and/or the Superintendent and/or the School Committee.

ARTICLE 30 - GENERAL

A.        Subject to the provisions of this Agreement, including the appendices attached hereto, the wages, hours and other conditions of employment applicable on the effective date of this Agreement to the employees covered by the Agreement shall continue during the period of Agreement.

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

C.         The Committee agrees to negotiate with the Association before subcontracting to any outside individual(s) or group for work traditionally performed by members of the bargaining unit.

D.        A teacher shall not be suspended or terminated (which shall not include the non-renewal of contract for teacher without professional teacher status.) without just cause. Any teacher receiving a reprimand under the provision of Section D of Article 13 shall only be reprimanded for just cause. Keeping in mind that discipline should be appropriate for the particular delinquency of professional performance, and that this shall be applied in a fair and equitable manner across the school system, the following just cause fairness standards for reprimands shall apply:

1.         Typically, a reprimand is preceded by appropriate counseling and/or verbal warnings by the reprimanding principal or administrator.

2.         A reprimand of a teacher by her/his principal is deemed to be the end of discipline for the particular incident; that is, the teacher shall receive no additional discipline for the event leading to the reprimand.

3.         Stronger discipline may be applied to a teacher if there is a recurrence of a similar incident involving the same teacher.

E.         Upon request by the Association, the Committee agrees to meet with representatives of the Association at least four times each year for the purpose of discussing matters of common concern. The purpose of such meetings is not to engage in collective bargaining.

F.         The Committee, consistent with past practice and policy, intends to keep its part-time positions at a minimum. The Committee agrees that prior to implementing any changes from its past practice and policy concerning part-time positions, it will notify and consult (not negotiate) with the Association.

G.        The parties agree to establish a Health and Safety Committee consisting of three (3) members designated by the Committee and three (3) members designated by the Association for purposes of monitoring health and safety issues in the school buildings and to make recommendations with respect thereto to the Town.

H.        The Committee shall vote to accept the provisions of G.L.c. 180, section 171. An employee may authorize the Committee to deduct from her/his salary a contribution to Voice of Teachers for Education of an amount which the employee shall specify in writing. The Committee shall certify on the payroll the amount to be deducted by the Treasurer of the Town of Danvers. Such amounts shall be transmitted to the Massachusetts Teachers Association within thirty days.

I.             District Safety and Security Committee

Committee and Association Representatives will convene a safety and security committee three times a year. The committee will review security procedures, development of security systems and other matters regarding the safety and security of staff, students, and the public in and on school property. The committee may meet more often as needed.

 

J.          Committee and Association representatives will convene a Study committee to review Teachers' constitutionally protected rights of free speech and association as defined by the First Amendment to the United States Constitution and the Massachusetts Declaration of Rights, and as interpreted by the United States Supreme Court and relevant Massachusetts courts. These rights will be reviewed in relation to technology and social media and teachers compliance with the provision of the Danvers Public Schools Social Networking Policy and possible discipline for inappropriate use of technology with students or others, or behavior online which is unprofessional.

 

ARTICLE 31 - AGENCY SERVICE FEE

A.        Subject to the terms and provisions of G.L. (Ter. Ed.) c 150E, s. 12 and regulations promulgated thereunder, the School Committee agrees to require as a condition of employment that all bargaining unit employees pay a service fee to the Association on or after the thirtieth (30th) day following the beginning of employment or the date of the signing of the Collective Bargaining Agreement, whichever is later. The amount of the service fee shall be equal to the amount required to become a member and remain a member in good standing in the Association. Resignation from the Association or failure to maintain good standing as an Association member shall require the employee to pay the service fee.

B.         If an employee does not pay a valid service fee after the bargaining agent has made a written demand to the employee for payment of such fee, the School Committee shall be required to, subject to the statute and its regulations promulgated there under: suspend the employee without pay for a period not to exceed five (5) working days. If the fee is paid within the five (5) working day period, the employee will return to work the next day.

C.         Indemnification/Reimbursement

1.         The Association agrees to indemnify the Committee, make whole and save harmless the Committee against all claims, suits, actions or other forms of liability of whatever nature, for all damages and financial loss which the Committee may be required by any administrative agency, arbitrator, court or tribunal of competent jurisdiction, to expend, incur, pay or suffer, caused or occasioned by the deduction of such service fee from an employee(s) or out of the application (including defense or prosecution) of the terms of this service fee provision.

2.         The Association shall reimburse the Committee for any expenses incurred as a result of being ordered to reinstate any employee suspended at the request of the Association for not paying the service fee. The Association will intervene in and defend any administrative or court litigation concerning the propriety of such suspension for failure to pay the service fee. In such litigation, the Committee shall have no obligation to defend the suspension.

3.         Should the Committee defend any such action(s) taken against the Committee (and/or others) by an employee so suspended, the Association shall not be required, provided the service fee is properly implemented and lawful, to reimburse the Committee for the Committee's legal costs, fees, and expenses if the Committee has failed in good faith to enforce the five (5) work day suspension provision of this service fee clause.

D.        Service fee(s) shall be deducted as provided in Article 24 and so remitted.

E.         This Article shall not become operative as to employees in the Danvers Teachers Association bargaining unit until this Agreement has been formally executed, pursuant to a vote of a majority of all employees in that bargaining unit present and voting.

F.         Disputes between the parties concerning this Article shall be resolved in accordance with the grievance procedure contained in this Agreement. In the event such a dispute is submitted to arbitration, the arbitrator shall have no power or authority to order the Committee to pay such service fee on behalf of any employee.

ARTICLE 32 - TEACHER-LEADER POSITIONS

A.        Teacher Leaders may be approved by the Superintendent or her designee on an annual basis. In considering applicants, the administration will review in the area, certification(s) on file, job evaluation results which may qualify the teacher for additional recognition or responsibilities, and quality of past performance. In the event the administration determines these elements are equal, length of services may be considered, but need not be the deciding factor.

It is agreed to "grandfather" the one teacher, who does not meet all the criteria outlined in the job description for the second year of this rotation.

B.         The position of Teacher - Leader will be added to the Co-curricular component of the contract with the same stipend as the Association

C.         The exploratory/elective teacher leaders are level based.

D.        Both parties agree to review the teacher leader program as it continues to grow. The intention for the review will be to ensure all levels of teachers (Pre-K-5; 6-8 and 9-12) have representation.

ARTICLE 33 - DURATION

A.        This Agreement will be in full force and effect commencing July 1, 2014 and shall terminate on June 30, 2017.

B.         Either party desiring to present initial proposals for a successor Agreement shall do so in writing to the other party by 4:00 p.m. on October 15, 2015 (or the first workday thereafter in the event there is no school).

C.         Negotiations for a successor Agreement shall commence no later than November 1, 2016.

D.        Either the Committee or the Association may request a meeting with the other to discuss whether or not they mutually are willing to negotiate over a new idea or ideas. If so, the parties shall engage in negotiations over the matter in a good faith effort to reach agreement. There shall be no adverse effect on either party for failure to come to an agreement on the idea(s) that prompted such negotiations.

The signatures below of the representatives of the Association and the members of the Committee indicate that the parties have duly ratified this Agreement and the Appendices attached hereto, said Agreement with Appendices to be in effect from July 1, 2014 to June 30, 2017.

Signed the_________________________________________

DANVERS TEACHERS ASSOCIATION                             DANVERS SCHOOL COMMITTEE

_______________________________________      _______________________________________

_______________________________________      _______________________________________

_______________________________________                  _______________________________________

_______________________________________      _______________________________________

_______________________________________      _______________________________________

_______________________________________                  _______________________________________

_______________________________________      _______________________________________

_______________________________________      _______________________________________

_______________________________________      _______________________________________

_______________________________________      _______________________________________

 

 

 

APPENDIX A - RATIO AND SALARY SCHEDULES

RATIO The Appendix A ratio set forth below provides the basis for determining each of the salary schedules contained in Appendix A. The value of each step on the salary schedule is determined by multiplying the ratio indicated by the base figure referenced in the paragraph heading of each salary schedule.

 

B

B+15

M

M+15

M+30

M+45

M+60

STEP

Ratio

Ratio

Ratio

Ratio

Ratio

Ratio

Ratio

1

1.00

1.04

1.08

1.12

1.16

1.20

1.24

2

1.06

1.10

1.14

1.18

1.22

1.26

1.30

3

1.12

1.16

1.20

1.24

1.28

1.32

1.36

4

1.18

1.22

1.26

1.30

1.34

1.38

1.42

5

1.24

1.28

1.32

1.36

1.40

1.44

1.48

6

1.30

1.34

1.38

1.42

1.46

1.50

1.54

7

1.36

1.40

1.44

1.48

1.52

1.56

1.60

8

1.42

1.46

1.50

1.54

1.58

1.62

1.66

9

1.48

1.52

1.56

1.60

1.64

1.68

1.72

10

1.54

1.58

1.62

1.66

1.70

1.74

1.78

11

1.60

1.64

1.68

1.72

1.76

1.80

1.84

12

1.66

1.70

1.74

1.78

1.82

1.86

1.90

13

 

 

1.80

1.84

1.88

1.92

1.96

14

 

 

 

 

1.94

1.98

2.02

15

 

 

 

 

 

 

2.08

 

 

 

APPENDIX A-1

1%First Day FY15

Effective September 4, 2014, the base figure shall be $43,427. The value of each step on the schedule is determined by multiplying the ratio indicated by $43,427 Step 1 has been eliminated (all columns), and the Bachelor's minimum shall be Step 2 ($46,033.00)

 

 

 

 

 

 

 

CAGS

DR

Step

B

B+15

M

M+15

M+30

M+45

M+60

1

$43,427

$44,730

$46,072

$47,454

$48,877

$50,344

$51,854

2

$46,033

$47,770

$49,507

$51,244

$52,981

$54,718

$56,455

3

$48,638

$50,375

$52,112

$53,849

$55,587

$57,324

$59,061

4

$51,244

$52,981

$54,718

$56,455

$58,192

$59,929

$61,666

5

$53,849

$55,587

$57,324

$59,061

$60,798

$62,535

$64,272

6

$56,455

$58,192

$59,929

$61,666

$63,403

$65,140

$66,878

7

$59,061

$60,798

$62,535

$64,272

$66,009

$67,746

$69,483

8

$61,666

$63,403

$65,140

$66,878

$68,615

$70,352

$72,089

9

$64,272

$66,009

$67,746

$69,483

$71,220

$72,957

$74,694

10

$66,878

$68,615

$70,352

$72,089

$73,826

$75,563

$77,300

11

$69,483

$71,220

$72,957

$74,694

$76,431

$78,169

$79,906

12

$72,089

$73,826

$75,563

$77,300

$79,037

$80,774

$82,511

13

 

 

$78,169

$79,906

$81,643

$83,380

$85,117

14

 

 

 

 

$84,248

$85,985

$87,722

15

 

 

 

 

 

 

$90,328

 

 

 

APPENDIX A-2

 

1%First Day FY15

Effective June 30, 2015, the base figure shall be $43 ,861. The value of each step on the schedule is determined by multiplying the ratio indicated by $43,861 Step 1 has been eliminated (all columns), and the Bachelor's minimum shall be

Step 2 ($46,493.00)

 

 

 

 

 

 

 

CAGS

DR

Step

B

B+15

M

M+15

M+30

M+45

M+60

1

$43,861

$45,177

$46,532

$47,928

$49,366

$50,847

$52,373

2

$46,493

$48,247

$50,002

$51,756

$53,511

$55,265

$57,020

3

$49,125

$50,879

$52,634

$54,388

$56,142

$57,897

$59,651

4

$51,756

$53,511

$55,265

$57,020

$58,774

$60,529

$62,283

5

$54,388

$56,142

$57,897

$59,651

$61,406

$63,160

$64,915

6

$57,020

$58,774

$60,529

$62,283

$64,037

$65,792

$67,546

7

$59,651

$61,406

$63,160

$64,915

$66,669

$68,424

$70,178

8

$62,283

$64,037

$65,792

$67,546

$69,301

$71,055

$72,810

9

$64,915

$66,669

$68,424

$70,178

$71,932

$73,687

$75,441

10

$67,546

$69,301

$71,055

$72,810

$74,564

$76,319

$78,073

11

$70,178

$71,932

$73,687

$75,441

$77,196

$78,950

$80,705

12

$72,810

$74,564

$76,319

$78,073

$79,828

$81,582

$83,336

13

 

 

$78,950

$80,705

$82,459

$84,214

$85,968

14

 

 

 

 

$85,091

$86,845

$88,600

15

 

 

 

 

 

 

$91,231

 

 

 

 

APPENDIX A-3

1% 91st School Day

Effective the 91st school day of 2015-2016 school year, the base figure shall be $44,300. The value of each step on the schedule is determined by multiplying the ratio indicated by $44,300

Step 1 has been eliminated (all columns), and the Bachelor's minimum shall be

Step 2 ($46,958.00)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAGS

DR

Step

B

B+15

M

M+15

M+30

M+45

M+60

1

$44,300

$45,629

$46,998

$48,408

$49,860

$51,356

$52,896

2

$46,958

$48,730

$50,502

$52,274

$54,046

$55,818

$57,590

3

$49,616

$51,388

$53,160

$54,932

$56,704

$58,476

$60,248

4

$52,274

$54,046

$55,818

$57,590

$59,362

$61,134

$62,906

5

$54,932

$56,704

$58,476

$60,248

$62,020

$63,792

$65,564

6

$57,590

$59,362

$61,134

$62,906

$64,678

$66,450

$68,222

7

$60,248

$62,020

$63,792

$65,564

$67,336

$69,108

$70,880

8

$62,906

$64,678

$66,450

$68,222

$69,994

$71,766

$73,538

9

$65,564

$67,336

$69,108

$70,880

$72,652

$74,424

$76,196

10

$68,222

$69,994

$71,766

$73,538

$75,310

$77,082

$78,854

11

$70,880

$72,652

$74,424

$76,196

$77,968

$79,740

$81,512

12

$73,538

$75,310

$77,082

$78,854

$80,626

$82,398

$84,170

13

 

 

$79,740

$81,512

$83,284

$85,056

$86,828

14

 

 

 

 

$85,942

$87,714

$89,486

15

 

 

 

 

 

 

$92,144

 

 

 

 

 

 

APPENDIX A-3

1% Last Day FY16

 

Effective June 30, 2016, the base figure shall be $44,743. The value of each step on the schedule is determined by multiplying the ratio indicated by $44,743 Step 1 has been eliminated (all columns), and the Bachelor's minimum shall be

Step 2 ($47,428.00)

 

 

 

 

 

 

 

CAGS

DR

Step

B

B+15

M

M+15

M+30

M+45

M+60

1

$44,743

$46,085

$47,468

$48,892

$50,359

$51,869

$53,425

2

$47,428

$49,217

$51,007

$52,797

$54,586

$56,376

$58,166

3

$50,112

$51,902

$53,692

$55,481

$57,271

$59,061

$60,850

4

$52,797

$54,586

$56,376

$58,166

$59,956

$61,745

$63,535

5

$55,481

$57,271

$59,061

$60,850

$62,640

$64,430

$66,220

6

$58,166

$59,956

$61,745

$63,535

$65,325

$67,115

$68,904

7

$60,850

$62,640

$64,430

$66,220

$68,009

$69,799

$71,589

8

$63,535

$65,325

$67,115

$68,904

$70,694

$72,484

$74,273

9

$66,220

$68,009

$69,799

$71,589

$73,379

$75,168

$76,958

10

$68,904

$70,694

$72,484

$74,273

$76,063

$77,853

$79,643

11

$71,589

$73,379

$75,168

$76,958

$78,748

$80,537

$82,327

12

$74,273

$76,063

$77,853

$79,643

$81,432

$83,222

$85,012

13

 

 

$80,537

$82,327

$84,117

$85,907

$87,696

14

 

 

 

 

$86,801

$88,591

$90,381

15

 

 

 

 

 

 

$93,065

 

 

 

APPENDIX A-3

 

1% 91st School Day

 

Effective the 91st school day of the 2016-2017 school year, the base figure shall be $45,190. The value of each step on the schedule is determined by multiplying the ratio indicated by $45,190.

Step 1 has been eliminated (all columns), and the Bachelor's minimum shall be

Step 2 ($47,901.00)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAGS

DR

Step

B

B+15

M

M+15

M+30

M+45

M+60

1

$45,190

$46,546

$47,942

$49,380

$50,862

$52,388

$53,959

2

$47,901

$49,709

$51,517

$53,324

$55,132

$56,939

$58,747

3

$50,613

$52,420

$54,228

$56,036

$57,843

$59,651

$61,458

4

$53,324

$55,132

$56,939

$58,747

$60,555

$62,362

$64,170

5

$56,036

$57,843

$59,651

$61,458

$63,266

$65,074

$66,881

6

$58,747

$60,555

$62,362

$64,170

$65,977

$67,785

$69,593

7

$61,458

$63,266

$65,074

$66,881

$68,689

$70,496

$72,304

8

$64,170

$65,977

$67,785

$69,593

$71,400

$73,208

$75,015

9

$66,881

$68,689

$70,496

$72,304

$74,112

$75,919

$77,727

10

$69,593

$71,400

$73,208

$75,015

$76,823

$78,631

$80,438

11

$72,304

$74,112

$75,919

$77,727

$79,534

$81,342

$83,150

12

$75,015

$76,823

$78,631

$80,438

$82,246

$84,053

$85,861

13

 

 

$81,342

$83,150

$84,957

$86,765

$88,572

14

 

 

 

 

$87,669

$89,476

$91,284

15

 

 

 

 

 

 

$93,995

 

 

 

 

APPENDIX A-3

1% Last Day FY17

 

Effective June 30, 2017, the base figure shall be $45642. The value of each step on the schedule is determined by multiplying the ratio indicated by $45,642. Step 1 has been eliminated (all columns), and the Bachelor's minimum shall be

Step 2 ($48,381.00)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CAGS

DR

Step

B

B+15

M

M+15

M+30

M+45

M+60

1

$45,642

$47,011

$48,422

$49,874

$51,370

$52,912

$54,499

2

$48,381

$50,206

$52,032

$53,858

$55,683

$57,509

$59,335

3

$51,119

$52,945

$54,770

$56,596

$58,422

$60,247

$62,073

4

$53,858

$55,683

$57,509

$59,335

$61,160

$62,986

$64,812

5

$56,596

$58,422

$60,247

$62,073

$63,899

$65,724

$67,550

6

$59,335

$61,160

$62,986

$ 64,812

$66,637

$68,463

$70,289

7

$62,073

$63,899

$65,724

$67,550

$69,376

$71,202

$73,027

8

$64,812

$66,637

$ 68,463

$70,289

$72,114

$73,940

$75,766

9

$67,550

$69,376

$71,202

$73,027

$74,853

$76,679

$78,504

10

$70,289

$72,114

$73,940

$75,766

$77,591

$79,417

$81,243

11

$73,027

$74,853

$76,679

$78,504

$80,330

$82,156

$83,981

12

$75,766

$77,591

$79,417

$81,243

$83,068

$84,894

$86,720

13

 

 

$82,156

$83,981

$85,807

$87,633

$89,458

14

 

 

 

 

$88,545

$90,371

$92,197

15

 

 

 

 

 

 

$94,935

 

 

 

4.         a.         Effective September 1, 1990 employees will be placed on the CAGS/M+45 Column if:

i.          They have a CAGS or earned Doctorate, or

ii.         They have completed 15 hours of course-work approved by the Superintendent beyond the M+30, 3 of which are to be completed after September 1, 1989. (NOTE: Effective September 1, 1989 courses completed by teachers and where tuition has been paid for or reimbursed by the Committee will not count toward movement on the salary schedule.)

b.         Effective September 1, 1991 employees will be placed on the DR/M+60 column if:

i.          They have an earned Doctorate, or

ii.         They have completed 15 hours of course-work approved by the Superintendent beyond the M+45, 6 of which are to be completed after September 1, 1989. (NOTE: Effective September 1, 1989 courses completed by teachers and where tuition has been paid for or reimbursed by the Committee will not count toward movement on the salary schedule.)

5.         Assistants to the Principals shall be paid an annual stipend of $5400 for 2014-2015, $5481 for 2015-2016 and $5591 for 2016-2017, which shall then be added to the salary value for the step and degree held by the individual concerned.

6.         Guidance counselors, school psychologists, and teachers assigned to the alternative school shall be paid an annual stipend of $5400 for 2014-2015, $5481 for 2015-2016 and $5591 for 2016-2017. The above positions receive such stipend compensation because, inherent in such positions, the employees work an additional week before school opens, an additional week after school closes, and additional time beyond the regular teacher workday during the school year. Only guidance counselors, school psychologists, and teachers assigned to the alternative school shall receive such compensation.

7.         All bargaining unit members, except those noted immediately above, shall be paid their annual base salary solely according to the salary schedule (Appendix A). In an emergency situation, an administrator may request a unit member (e.g. - teacher, social worker) to come to work on a day outside the contractually defined teacher work year. A unit member able to so serve shall be paid at her/his per diem rate.

8.         Nurses who have successfully completed the National Certified School Nurse program shall be placed on the Master's column of the salary schedule (NCSN=MS/Med).

9.         A clothing allowance of two hundred and twenty five ($225.00) will be paid during the month of November along with the Nurses purchasing Lab Coats that must be worn at appropriate agreeable times.

10.       RN Coverage - $50.00 payment when called to cover more than one school. At Danvers High School and Holten Richmond Middle School, when one nurse is called to cover another school or when one nurse is left to cover either school with no sub, payment shall be $50.00 (total - $100) for each nurse

 

 

 

 

2014-2015

2015-2016 Melded

2016-2017 Melded

2016-2017 Last day Next Contract Base

Assigned an additional class

61.21

62.13

63.38

64.33

Subbing for absent teacher (spot sub)

41.09

41.71

42.55

43.19

Attend Core Evaluation Meeting

41.09

41.71

42.55

43.19

Any science teacher teaching in excess 30 periods in a six day cycle

48.08

48.80

49.78

50.53

Middle or High school class size max. exceeded by 1 -3 students

48.08

48.80

49.78

50.53

10. Longevity

 

After 15 years of service in Danvers

$250.00

Effective July 1, 2013 longevity shall be as follows:

 

After 15 years of service in Danvers

$250.00

After 20 through 25 years of service in Danvers

$1050.00

After 25 through 30 years of service in Danvers

$1550.00

After 30+ years of service in Danvers

$2950.00

Professional Development (hrly. Rate)

37.15

37.71

38.46

39.04

 

 

 

APPENDIX B –CO-CURRICULAR ACTIVITIES

A.        Year Long Positions

1.         Not later than the second Friday in April, the following list of activities will be posted in all schools. Applications will be received in writing for a two (2) week period. Positions to be filled will be filled and teachers notified not later than June 1st. Such co-curricular positions are limited to qualified applicants from Unit A. In the event there is no qualified applicant from Unit A, the School Committee is not so limited in the filling of the position(s). The Unit A employee applicant's request for appointment shall not be unreasonably denied.

2.         It is agreed that the Committee may create positions and/or eliminate listed positions for any school year and that the School Committee may fill or not fill any of the positions or any listed positions in any school year, whether or not a position was posted, the employee interviewed and/or the position was filled in a prior school year. In the event the Committee creates such a new position of a comparable nature, the Committee agrees to negotiate with the Association the stipend for such position. During such negotiations the Committee may appoint qualified applicant(s) from Unit A to the position. In the event there is no qualified applicant from Unit A, the School Committee is not so limited to Unit A in the filling of the position. The Unit A employee applicant's request for appointment shall not be unreasonably denied.

3.         Subject to Paragraphs 1 and 2 above, the positions and the respective stipends shall be the following:

 

CO-CURRICULAR POSITIONS

2014­2015

 

2015-2016

 

2016-2017

 

 

 

 

 

 

 

 

POSTION

FY15 Stipend after Neg. 1%

FY15 last day 1%

FY16 91st day 1%

FY16 Last day 1%

FY17 91st day 1%

FY17 Last day 1%

 

 

 

 

 

 

 

ELEM STUDENT COUNCIL

 

 

 

 

 

 

GREAT OAK

$926

$935

$945

$954

$964

$973

 

 

 

 

 

 

 

HIGHLANDS

$926

$935

$945

$954

$964

$973

 

 

 

 

 

 

 

RIVERSIDE

$926

$935

$945

$954

$964

$973

 

 

 

 

 

 

 

SMITH

$926

$935

$945

$954

$964

$973

 

 

 

 

 

 

 

THORPE

$463

$468

$472

$477

$482

$487

 

$463

$468

$472

$477

$482

$487

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

 

 

 

 


MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL TEAM LEADERS

$2,310

$2,333

$2,356

$2,380

$2,404

$2,428

MIDDLE SCHOOL CLASS ADVISOR

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL CLASS ADVISOR

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL CLASS ADVISOR

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL. LITERARY MAGAZINE

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL SKI CLUB

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL STONE ENVIRONMENTAL

 

 

 

 

 

 

MIDDLE SCHOOL WASHINGTON TRIP

 

 

 

 

 

 

MIDDLE SCHOOL JR. NATIONAL HONOR

$926

$935

$945

$954

$964

$973

MIDDLE SCHOOL JR NATIONAL HONOR

$926

$935

$945

$954

$964

$973

MIDDLE SCHOOLYEARBOOKCO-ADVISOR

$986

$996

$1,006

$1,016

$1,026

$1,036

MIDDLE SCHOOLYEARBOOKCO-ADVISOR

$986

$996

$1,006

$1,016

$1,026

$1,036

MIDDLE SCHOOL NEWSPAPER DIRECTOR

$1,972

$1,991

$2,011

$2,031

$2,052

$2,072

MIDDLE SCHOOL MUSICAL DIRECTOR

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SHOOL MUSICAL MUSIC DIRECTOR

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL MUSCIAL SET DIRECTOR

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL MUSICAL CHOREOGRAPHER

$1,850

$1,869

$1,888

$1,906

$1,925

$1,945

MIDDLE SCHOOL MUSICAL PRODUCER

$629

$636

$642

$648

$655

$661

MIDDLE SCHOOL DRAMA DIRECTOR

$2,093

$2,114

$2,135

$2,156

$2,178

$2,199

MIDDLE SCHOOL MATH TEAM ADVISOR

$1,972

$1,991

$2,011

$2,031

$2,052

$2,072

 

 

 

 

 

 

 

 

 

 

 

 

 

 

H.S. AV/MEDIA COORDINATOR

$4,775

$4,823

$4,871

$4,920

$4,969

$5,019

H.S. DETENTION SUPERVISOR

$4,566

$4,612

$4,658

$4,705

$4,752

$4,799

H.S. SADD ADVISOR

$3,942

$3,981

$4,021

$4,061

$4,102

$4,143

H.S. STUDENT COUNCIL ADVISOR

$2,365

$2,389

$2,413

$2,437

$2,461

$2,486

H.S. TEACHERS FOR TOMORROW

$2,239

$2,262

$2,284

$2,307

$2,330

$2,353