Douglas

Show detailed information about district and contract

DistrictDouglas
Shared Contract District
Org Code770000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2018
Expired StatusCurrent
Superintendency UnionDouglas
Regional HS MembersDouglas
Vocational HS MembersBLACKSTONE VALLEY
CountyWorcester
ESE RegionCentral
Urban
Kind of Communitysmall rural communities
Number of Schools4
Enrollment1471
Percent Low Income Students15
Grade StartPK
Grade End12
download pdf version of this document view accessible version of this document Douglas

 

 

AGREEMENT

 

 

BETWEEN

 

 

DOUGLAS SCHOOL COMMITTEE

 

 

And

 

 

DOUGLAS TEACHERS ASSOCIATION

 

 

September 1, 2014 – August 31, 2017

 

PREAMBLE

The Douglas School Committee and the Douglas Teachers Associations have entered into the following Agreement, sometimes hereinafter referred to as the Contract, for the express purpose of fixing, for its effective term, the salaries, hours and conditions of employment of the recognized professional personnel.

ARTICLE I                                                                                                          RECOGNITION

The Douglas School Committee recognizes the Douglas Teachers Association and its affiliates, the Massachusetts Teachers Association and the National Education Association, as the agencies through which the teachers of the Douglas school system develop and represent their considered opinion on matters of concern to them.  The School Committee agrees to give due consideration to proposals and representation made on behalf of the Douglas Teachers Association.

The Douglas School Committee, sometimes hereinafter referred to as the Committee, hereby also recognizes the Douglas Teachers Association, as the exclusive representative and bargaining agents of all certified professional employees below the rank of Assistant Principal or any administrator not teaching 50 percent or more of the school days, including the School Nurse, but excluding temporary per diem substitutes in teaching and related activities in the Douglas School System.

The Committee shall not discriminate in any way against a teacher for reason of his/her membership in the Association or participation in its lawful activities, nor for religious and political beliefs, providing that these are not exercised on the school premises during school hours and do not interfere with the regular performance of duties.

ARTICLE IA                                                                                                         MANAGEMENT RIGHTS AND RESPONSIBILITIES

Unless specifically abridged by a provision of this Agreement, the Douglas School District (the “District”) shall have all the powers, authority and prerogatives necessary or impliedly granted to it under the statutes, laws, and regulations of the Commonwealth.  The District recognizes that with its authority comes the responsibility to protect the rights of employees to be free from unlawful discrimination based upon race, sex, religion, national origin, and age, as defined by federal and state anti-discrimination laws, to provide a safe working environment, and to insure that employees’ rights to due process are not abridged.  To that end, notwithstanding any provision of this Agreement to the contrary, the District shall take action to redress unlawful discrimination, lack of due process, and unsafe conditions.  The rights of the District shall include:

1.       To direct the educational affairs, operations and services of the District and its            schools;

2.       To direct, supervise and evaluate employees;

3.       To conduct professional improvement programs;

4.       To evaluate and determine the educational curriculum;

5.       To set and modify the daily and yearly school and class schedule, subject to the          limitations contained in Article V (Work Day) of this Agreement;

6.       To determine the organization and number of personnel in the District and its schools;

7.       To assign and transfer employees;

8.       To determine whether goods or services should be made, purchased or leased;

9.       To hire, appoint and promote;

10.   To demote, suspend, discipline or discharge teachers and employees; teachers with      professional status and permanent employees may only be demoted, suspended,             disciplined or discharged for just cause;

11.   To determine class size;

11a.     To institute technological change from time to time; provided, however, if there is a technological change affecting a teacher, the Principal shall consult with such teacher prior to the implementation of the change.  If the teacher is not compatible with the change, the Principal will provide relevant training before implementing the change as to that teacher.

12.   To make and enforce rules and regulations, consistent with the other terms of this        Agreement;

This Article shall not be the basis of a grievance or arbitration proceeding pursuant to Article XII, provided, however, that rights expressly granted to the Association by other specific provisions of this Agreement shall supercede this Article and shall be subject to the grievance procedure unless otherwise indicated.

 

ARTICLE II                                                                                                                                NO STRIKE PROVISION

The Douglas Teachers Association agrees that, under no circumstances will it authorize, sanction, condone, acquiesce in, or take part in, any strike or work stoppage of any kind or nature.  Strike and work stoppages shall be deemed to include, but are not limited to:  slow downs, sit-ins, concerted mass sickness or any curtailment of work or interference with the operation of the Douglas School System, including picketing or demonstrating of any kind during school hours.  The Association further agrees that it will not engage in any sanction activities or other terms of boycotts.

In the event of any action by the Association, or by any of its members, in violation of this provision, the Association will post notices immediately at all schools affected, advising that such action is unlawful, in violation of this Agreement, and unauthorized by the Teachers Association.  The Teachers Association shall further advise any and all teachers involved, including notification to the news media if requested by the School Committee, that such teachers are in violation of the Agreement and that all teachers involved shall return forthwith to their regular duties.  The Teachers Association shall further be expected to take any and all other actions reasonably within its power to stop the activity.  If the Teachers Association takes the foregoing steps and has not acted in violation of its obligations under this Agreement, it shall not be liable in any way for such activities.

In the event the Teachers Association does not adhere to, or abide by this provision, it shall be held liable for any and all damages, injuries and costs incurred by the School Committee.

ARTICLE III                                                                                                                          VACANCIES AND PROMOTIONS

A.       Procedure.  Vacancies in professional positions excepting that of Superintendent, shall be filled in accordance with the following procedures:

            1.         Notification of Vacancy:  Vacancies shall be publicized by the Superintendent       who, during the school year (September-June), shall cause a notice to be placed on the   Association bulletin boards in every school facility as far in advance of the appointment deadline as possible.  During July and August, written notice of any vacancies shall be          given to the Association president and the Association building representatives and     secretary.

            2.         Qualifications:  Qualifications for the positions, including the duties and rate of             compensation, shall be stated in the notice of vacancy.

            3.         Time Limitations:  The deadline for submission of applications will be clearly         stated in the notice of vacancy.  Every effort will be made to provide adequate time and            opportunity for qualified teachers, within the Douglas School system, to make            applications.  Vacancies will be filled within sixty (60) days from either the date the      vacancy notice is posted on the Association bulletin boards, or the date notification is mailed to the Association president and Association building representatives, provided     that a qualified candidate acceptable to the Committee has made an application.  No       vacancy will be filled, except on a temporary basis, prior to seven (7) days from the date   said notice is posted or mailed.  Teachers who desire to apply for vacant positions shall            submit their applications in writing to the Superintendent or his/her authorized agent      within the time limit specified in the notice of vacancy.

            4.         Appointments:  Vacant positions shall be filled on the basis of professional             qualifications, seniority in the Douglas school system, and other relevant factors.  Preference will be given to qualified teachers already employed by the School Committee.  Each applicant employed under this contract not selected will be notified, in        writing, as to the outcome of his/her application by the Superintendent or his/her        authorized agent.  Any unsuccessful applicant, who comes under this contract, may     request a private meeting with the Superintendent to discuss his/her application.  This        request must be made within ten (10) days of when the appointment is made.      Appointments will be made without regard to race, creed, color, religion, nationality, sex            or marital status.

ARTICLE IV                                                                                                                         ASSIGNMENTS AND TRANSFERS

A.        General

The School District and the Association recognize that changes in assignments and/or transfers are sometimes required in the best interest of the school system.

B.                 Definitions

                        1.         ASSIGNMENT – Assignment is defined as a specific grade level or levels or a                              specific subject or group of subjects to be taught by a teacher in a particular school year.                            A teacher will normally be notified of his/her assignment for the next school year, or any                           expected change therein, on or about June 1 of the present school year.

                        2.         TRANSFER – A transfer is defined as a change in assignment which occurs                                  during a particular school year.  It may or may not involve physical relocation from one                             building to another.

C.       Transfers and Changes in Assignments

                        1.         A transfer or change in assignment shall be made on the basis of (1) the needs of                           the school system, (2) the expressed desire of the teacher concerned, and (3) individual                             teacher qualifications.  When it is not possible to satisfy all three conditions, the decision                         will be made first, according to the needs of the School System; second, in accordance                             with the expressed desire of the teacher concerned; third, where the Administration                                  believes the teacher is best qualified to serve based on the individual teacher                                              qualifications; and fourth, all things being equal, seniority.  Whenever these conditions                              are equally met, volunteers shall be transferred or reassigned first.

                        2.         An involuntary transfer or change in assignment will be made only after a                                       meeting between the teacher concerned, the appropriate Principal and the Superintendent,                         at which time every effort will be made to resolve the matter to the satisfaction of all                                concerned.  If the teacher concerned so desires, a representative designated by the                                                 Association may be present at this meeting.

                        3.         Teachers who desire a transfer or change in assignment shall file a written request             with the Superintendent via the appropriate Principal.  Such request will state the new                               assignment desired.  When two or more teachers request the same assignment, the                         judgment of the administration shall determine the selection of the person for the                                      assignment. Such judgment shall give due consideration to professional qualifications,                               seniority in the Douglas School System, and other relevant factors.) 

ARTICLE V                                                                                                                                   WORK DAY

A.        Definitions

                        1.  Work Day – The teachers’ work day will not exceed a maximum of seven continuous                           hours.  The work day for teachers will commence, and teachers must be at school, fifteen                         (15) minutes prior to the time when students are to report to homeroom.  Teachers may                              leave fifteen (15) minutes after the student day ends. Except in emergency situations, it is                         understood by the parties that it is not the responsibility of the teachers to supervise                                  students who arrive before or depart after the teacher work day ends.  Where students are                                     dismissed early, or are not required to attend school due to teacher in-service, or where                                     time has otherwise been set aside for teacher meetings, teachers’ working hours will be                                     set by the District subject to the seven hour maximum.  School hours pertaining to                                     students will normally be set, for a given school year, on or before May 1 preceding the                                     start of that school year.  The superintendent will be responsible for setting school hours                                     but will receive and consider any input the Douglas Teachers’ Association desires to                                     provide through its Executive Committee.

                        2.  High School Job Description – Teachers in the High School will teach in areas of                                  certification/licensure and/or according to State Law.  Teaching assignments will                                       normally consist of five (5) teaching periods, one (1) administrative period, and one (1)                             preparation period.  Duties of the administrative period and other duties, when not a study                         hall, shall be handled in an equitable manner.  A teacher with professional teacher status                            may request an extra teaching period and mutually agree with the administration to teach                         a sixth period in lieu of an administration period.  The teacher will be compensated an                               additional $6000for teaching the sixth class.  Every effort will be made to maintain a                                normal rotation of other duty assignments.  All High School teachers will be guaranteed a                         daily duty-free lunch period.  No high school academic teacher will be assigned courses                            requiring more than four (4) preparations.  A high school teacher who has been assigned                            courses requiring four (4) preps or other extenuating circumstances, such as advanced                                placement courses or honors courses, may meet with the Principal to request relief.                                     When possible, accommodations will be made. 

                        3.  Middle School Job Description  - Teachers in the Middle School, including specialists                         and special education teachers, will be guaranteed a fifty (50) minute preparation period                           daily.  All Middle School teachers will be guaranteed a thirty (30) minute duty free lunch                         period.  Every effort will be made to maintain a normal rotation of duties.

                        4.  Primary School and Elementary School Job Description – Teachers in the Primary                                 School and Elementary School, including specialists and special education teachers, will                           be guaranteed a fifty (50) minute preparation period daily.  All Primary School and                                   Elementary School teachers will be guaranteed a thirty (30) minute duty free lunch                                    period.  Every effort will be made to maintain a normal rotation of other duty                                            assignments.

                        5.  Faculty Meetings – Faculty Meetings will generally be the first Monday of each                                    month and usually not to exceed one hour in length.

                        6.  School Year – The school year will consist of 183 days (180 teaching days plus one                              day preceding the first student day) and two (2) professional development days.  When                            Labor Day falls on September 5, 6, and 7, the first student day will be scheduled for the                           Tuesday of the week prior to the holiday; the first teacher day will be scheduled for the                            Monday of the same week.  No teacher or student day will take place on the Friday prior                         to the Labor Day holiday.  When Labor Day falls on September 1, 2, 3, or 4, the first                                student day will be scheduled for the Wednesday after Labor Day, and the first teacher                            day will be the Tuesday following Labor Day.  The school year will not extend beyond                             June 30.  All    teachers will report for work the day before students return to school at the                         start of the school year.

For school years 2015-2016 and 2016-2017, the teacher work year will be reduced by       two (2) days to 181 days in exchange for a pay freeze, but the annual salary rate will      remain the same.   Professional development will be conducted on early release days.           This provision will sunset on June 30, 2017.

                        7.  Class Size – The Superintendent recognizes that class size is an important factor in                                good education, and will, to the extent possible, within the financial ability of the District                                     to do so, maintain class sizes that are appropriate to the educational needs of the students.

                        8.  Evening Meetings – Teachers will be required to attend two (2) evening meetings per                           school year.  These meetings will not exceed three (3) hours, and teachers will be                                       released early on the days such meetings are held.                

 

ARTICLE VI                                                                                                                             REDUCTION IN FORCE

A.                            General

                        It is the School District’s responsibility and policy to maintain good public schools and to obtain the most qualified applicants from all available sources.  However, if it becomes necessary to eliminate certified staff positions, a fair and orderly process will be followed.

                        1.         In the event it becomes necessary to reduce the number of employees in the                                   bargaining unit, the Superintendent will take into consideration the length of service in                              the Douglas School System and the teacher’s area of certification.  If the above two are                            equal, the next area will be teacher evaluations based on annual evaluations.

                        2.  An employee whose position is eliminated shall:

                        a.         Be transferred to an open position for which the employee is certified.

                        b.         Replace an employee with the lower seniority within the Douglas School System                                       whose position the senior employee is certified and qualified to fill.

B.        Definitions

1.       “Qualified” means that the teacher has on file with the office of the            Superintendent evidence that he/she possesses the necessary qualifications as outlined in    the School District job description, by the effective date of the layoffs which is the        beginning of the school year.

            2.         “Certified” means that the teacher has on file with the office of the Superintendent             evidence that he/she possesses the necessary certification by the effective date of the        layoff.

                        3.         “Seniority” means a teacher’s length of service in year, months and days of                                    current employment in the Douglas School System.  In cases involving teachers who                                 have identical seniority, preference for retention shall be given to the teacher who has                                achieved the highest level of any degrees as of September 1 in each school year as                                     described in the compensation schedule.

C.        Procedure

                        1.         The Douglas Teachers Association will be notified, in writing, on or before June 1             if a reduction-in-force is necessary.

                                    2.         Teachers who are to be affected by a reduction-in-force must be notified, in                                            writing, no later than June 1 of the school year preceding the year in which the reduction                                                 will take effect.

                                    3.         While members of the bargaining unit continue on layoff, the School District                                          agrees not to hire any new teachers unless:

                                    a.         No teacher on layoff is qualified to fill a position, nor could be qualified with                                                             retraining; and

                                    b.         All qualified teachers on layoff declined to fill the vacancy.

            D.        Recall

                        1.         Teachers who have been laid off shall be entitled to recall rights for a period of                              two years.  During the recall period, teachers shall be notified, by certified mail to their                             last address of record, at least ten (10) school days prior to the anticipated date of re                                employment, and given preference for positions as they develop in the inverse order of                              their respective layoff.  The laid off employee shall, within five (5) school days after                                 mailing of notice of recall by certified mail and return receipt requested, file acceptance                            of their intention to return or not return.  If such acceptance is not received by the                                     Superintendent’s office at the end of five (5) school days, it shall be considered a                                      declination and a resignation from the school system by the teacher, unless there are                                  extenuating circumstances approved by the Superintendent.  A maternity or illness                                    situation shall constitute extenuating circumstances so that an employee will maintain                                his/her position in the recall pool.

                        2.         All benefits to which a teacher was entitled at the time of layoff shall be restored                         in full upon re-employment.

                        3.          During the recall period, teachers who have been laid off shall be given                                         preference on the substitute and aide lists if they so desire.

                        4.         If a laid-off employee is not rehired at the end of the two-year period, and is                                 otherwise eligible for retirement and has applied for retirement with the Massachusetts                              Retirement Board, then those employees will be entitled to payment for an accumulated                           sick leave or retirement in accordance with whatever provisions are contained in the                                  Collective Bargaining Agreement with respect to the subject.

            E.         Seniority List

                        A list specifying the seniority of each member of the bargaining unit shall be prepared by the Superintendent and forwarded to the President of the Association within thirty (30) days             following the execution of this Agreement.  An updated “Seniority List” shall be supplied by the      School District on or before October 1 annually thereafter.

           F.         Disputes

           Any allegation that there has been violation of this section will not be subject to or             processed through the grievance and arbitration procedure provided by this Agreement, but will             instead be discussed between the teacher and his/her Principal, then between the teacher and the             Superintendent.  Should resolution of the problem not be effected, the allegation will be   submitted for deliberation and advice directly to an Ad Hoc Committee which will be composed      of three persons, one person to be selected by the Superintendent, one person to be selected by   the Association and two (2) selectees shall choose the third person.  Upon completion of its        deliberations, the Ad Hoc Committee will report its findings and recommendation to the           Superintendent.  The recommendation must state which teachers should be retained.  The        Superintendent shall take prompt and final action in accordance with the findings and    recommendations of the Ad Hoc Committee.  It is the intention of the parties that, whenever they     deem it to be appropriate, a reasonable effort will be made to select, as their respective members   of the Ad Hoc Committee, persons who are or have been members of the educational profession.      Any expenses incurred by either party in preparation for or in making presentations to the Ad   Hoc Committee will be borne by the party incurring such expenses.

ARTICLE VII                                                                                                                                          POSITIONS IN SUMMER SCHOOL,
EVENING SCHOOL AND UNDER FEDERAL PROGRAMS

            A.        All openings for academic summer school and evening school instructor positions and for             positions under federal programs will be publicized by the Superintendent or Principal in each             school building as early as possible, and teachers who have applied for such positions will be             notified of the action taken regarding their applications as early as possible.  Under normal             circumstances, summer school and evening openings will be publicized not later than the   preceding March 1 and June 1, respectively, and teachers will be notified of the action taken not       later than May 1 and September 1 respectively.

            B.        Positions in the Douglas summer school and evening school and positions under state and             federal programs will, to the extent possible, be filled first by regularly appointed teachers in the             Douglas School System.

            C.        In filling such positions, consideration will be fairly given to a teacher’s area of      competence, major and/or minor field of study, quality of teaching performance, attendance      record, length of service in the Douglas School System, and in regard to summer or evening     school positions, previous Douglas summer school or evening school teaching experience.

ARTICLE VIII                                                                                                                                      SICK, BEREAVEMENT AND PERSONAL LEAVE

            A.        Sick Leave

            It is recognized by all that absences by regular teachers from the classroom interrupt the             educational process and should therefore be held to an absolute minimum.

                        1.         Per Month – 1 1/2 Days:  Teachers will earn sick leave at a rate of one and one                               half (1 1/2) days for each month for a maximum of fifteen sick leave days a year to be                               accrued on the first of each month.

                        2.         Cumulative Sick Leave – 150 Days:  The fifteen (15) working days per school                               year for sick leave shall be cumulative to a maximum of one hundred fifty (150) days                                with full pay.

                        3.         Unusual Circumstances:  Under unusual circumstances of hardship, the                                           Superintendent or the Principal with the approval of the Superintendent may grant                                    additional sick leave days with compensation.

                        4.         Examination by Physician:  The Superintendent or Principal may require a teacher             to present a certificate from a physician for absence exceeding five (5) consecutive days.                           The Principal and Superintendent shall have the right to require an examination of a                                   teacher in cases of prolonged or chronic absence.  The examining doctor will be chosen                             by the teacher from a list of doctors supplied by the School District, such list to contain                            the names of more than one (1) doctor.  This examination will be paid for by the School                            District.

                        5.         Sick Leave Bank (SLB):  The School District agrees to the establishment of Sick                           Leave Bank (SLB) for the purpose of aiding seriously ill teachers who have exhausted                              their accumulated sick leave allowance.  The SLB will be established in compliance with                           the following provisions:

                        a.         The SLB will be organized and administered by the Douglas Teachers                                            Association.

                        b.         Participation in the SLB will be voluntary.

                        c.         Donations to the SLB will be limited to one sick leave day per teacher per                          school year.

                        d.         Notification of teachers donating to the SLB must be made, in writing, on                         or before November 1 each year to the secretary of the Superintendent.  This                                  notification must contain the signature of each teacher donating to the SLB plus                            that of the President of the Teachers Association or his/her designated                                       representative.  Teachers, except new teachers entering the system during the                                  school year, whose names do not appear on the November 1 notification, shall not                   be allowed to join the SLB until the following school year.

                        e.         A teacher who donates a sick leave day to the SLB will have such day                               irrevocably deducted from his personal accumulated sick leave, and may make no              further use of this day, for any purpose, except as authorized under the provisions                                of the SLB.

                        f.          Use of sick leave days from the SLB will be accounted for by the                                       Administration in the same manner as is use of individual sick leave, except that a             withdrawal of sick leave days from the SLB will be made only when authorized in                   writing by the President of the Douglas Teachers Association or his designated                          representative.  Such authorization for withdrawal must state the number of days                             and the name of the teacher to whom the days are to be credited.

                        g.         Donations to the SLB can only be made on November 1 each year.  The                             SLB cannot exceed 360 days at any time.  No teacher can draw more than 185                              days for any one illness.

                        (1)        The total accumulated sick leave in the bank shall not exceed 360                                        days at any one time.  In the event that an annual contribution would cause                                    the number of days to exceed 360, then no such contribution will be made,                                    except that teachers new to the District or previously unenrolled will be                                          allowed to contribute and join. 

                        (2)        In the event that the number of days in the bank should fall below                                      50, then an additional contribution will be made by Sick Leave Bank                                              members.

                        h.         The Association shall require medical documentation in accordance with                            paragraph f.  from each teacher seeking to use SLB time.  The Superintendent or                            Principal may verify and inspect the medical documentation.

                        i.          The SLB Committee may require a second opinion from an Independent                            Medical Examiner.  The cost of the independent medical examination will be                                 borne by the employer.  

                        j.          The decision of the SLB Board with respect to eligibility and entitlement                           shall be final and binding and not subject to appeal except for reconsideration by                           the Board itself.

            B.  Sick Leave – Other Uses

            In addition to absence for personal illness or injury, sick leave may be used for the             following purposes:

                        1.         Emergency Illness or Injury in the Immediate Family – 3 Days:

                                    In the event of an emergency, illness or injury in the immediate family (defined as                      father, mother, brother, sister, son, daughter, husband, wife, or other person residing in                             the same household as the teacher), a teacher may be granted three (3) days absence with                         full pay, such   day to be counted as sick leave, to make arrangements for necessary                                   medical and/or nursing care.

            2.         Family Illness:

                        a.         In the event of an illness of a teacher’s spouse, mother, father, son or                                  daughter, a teacher may be granted a maximum of five (5) days absence per                                   school year with full pay, each day to be counted as sick leave.  A teacher may be                          entitled to additional leave without pay to care for a family member with a serious                         health condition.  Such leave must be requested in accordance with the District’s                           Family and Medical Leave Policy, and is subject to the medical certification and                            other requirements of the Family and Medical Leave Act of 1993.  The                                        Superintendent or Principal may verify a sick leave absence.

                        b.         In the event of a critical illness of a teacher’s brother or sister, a teacher                             may be granted a maximum of five (5) days absence per school year with full pay,                         each day to be counted as sick leave.  The Superintendent or Principal may verify                                  a sick leave absence.

            3.         Other Reasons:  Sick leave may be used for other reasons with the approval of the             Superintendent.  A teacher may be entitled to additional leave without pay to care for a    family member with a serious health condition.  Such leave must be requested in   accordance with the District’s Family and Medical Leave Policy, and is subject to the        medical certification and other requirements of the Family Medical Leave Act of 1993.

            C.        Bereavement and Personal Leave

            In addition to sick leave, a teacher is entitled to the following leaves:

            1.         Bereavement Leave

                        a.         In the event of a death of a teacher’s spouse or child, a teacher shall be                               allowed a maximum of five (5) days with full pay, if these five days would                                    normally have been teaching days, and if they immediately follow the death of the                        spouse or child concerned.

                        b.          In the event of a death of a teacher’s mother, father, brother, sister,                                    mother-in-law, father-in-law, or other person residing in the same household as                              the teacher, a teacher shall be allowed a maximum of five (5) consecutive                                             calendar days with full pay, if these five days immediately follow the death of the                           person concerned.  Additional bereavement days may be granted at the discretion                                of the Superintendent.

                                    c.         For other relatives (defined as grandparents, uncles, aunts, first cousins,                                          nieces, nephews, grand-children, sister-in-law, and brother-in-law), the teacher                                           shall be allowed the day of the funeral with full pay if this day would normally                                          have been a teaching day.

            2.         Personal Leave – 3 Days: 

                        a.         With the exception of the provision C4 of this Agreement, personal leave                           is non-cumulative.  Teachers will be allowed a maximum of three (3) personal                                 days per school year with full pay, provided approval has been granted in advance                     by the Principal concerned.  Requests for personal days should be made at least                               five (5) school days prior to the specific date being requested, unless an                                       emergency arises that makes such notice impossible.  Personal leave is non                              cumulative except as   specified in Section 4 below.  No personal day may be                           taken for the purpose of extending a vacation period unless it is for an emergency.

                        b.         It is recognized by all that absences by regular teachers from the                                          classroom interrupt the educational process and should therefore be held to an                               absolute minimum.

            c.         For the school years 2015-2016 and 2016-2017, teachers will be                              allowed an additional two (2) personal leave days based upon the conditions                                  referred to in sections a. and b.  This provision will sunset on June 30, 2017.

            3.         Accruable Personal Days:  For each consecutive two (2) year period that no            personal days are used by an employee, said employee shall be entitled to one (1)     “permanent” personal day which will be accruable up to a total of seven (7) personal   days.

ARTICLE IX                                                                                                                                          EXTENDED LEAVES OF ABSENCE

            A.        General

                        The Superintendent may grant extended leaves of absence for, but is not limited to, the             purposes hereinafter stated.  Requests for extended leaves of absences, except for maternity and             military purposes, should be made to the Superintendent of Schools prior to April 1 for             consideration.  All requests will be made in writing and shall include, as a minimum, the purpose of the leave and the expected commencement and completion dates.

                        As a general rule, not more than two (2) teachers in the school system, nor more than one (1) teacher in the subject discipline or grade levels will be granted concurrent leaves of absence,         excluding military leaves.

                        All benefits to which a teacher was entitled at the time his/her leave of absence      commenced, including unused accumulated sick leave, seniority and tenure, shall be restored to             him/her upon his/her return and he/she shall be assigned to the same position or if not in that       position, a substantially equivalent position.

            1.         For Participation in Professional Educational Organizations

The Superintendent may in accordance with the provisions of Chapter 71, Section            41A of the General Laws, upon written request, grant a leave of absence for not more   than one (1) year to a teacher with professional teacher status for service to a professional             educational organization of which said teacher is a member and has been elected to hold      the office of president therein.  Full or partial pay and continuation of benefits may be         authorized for such leave of absence provided that said professional educational      organization shall contract in writing to reimburse the Douglas School Committee for the total cost of all salary and benefits paid to said teacher during the leave of absence for   said teacher to increase his/her teaching experience and/or value to the Douglas School        System.

            2.         For Participation in Teacher Exchange Programs, Peace Corps or Similar                                         Organizations

The Superintendent may, upon written request from a teacher, grant a leave of       absence for not more than two (2) school years, without pay, for full-time participation in         teacher exchange programs, the Peace Corps or similar organizations.  Teachers without professional teacher status will not be considered for such leaves of absence.  Upon      return from such leave, the teacher will be placed on the salary schedule at the level he would have achieved had he not been absent.

            3.         For Military Service

The Superintendent shall grant military leave of absence, without pay, to any          teacher entering the Armed Services of the United States to complete a service obligation.             Upon return from such leave of absence, providing that the teacher has received an     Honorable Discharge, he/she will be placed on the salary schedule at the level he/she       would have achieved had he/she not been absent.

            4.         For Maternity

                       A.        A teacher who has been employed for not less than three consecutive          months as a full time employee by the District shall, upon request be granted eight (8) continuous calendar weeks of leave in order to recover from childbirth.  (Parental leave under other circumstances must be taken pursuant to the Family and Medical Leave    Policy described in paragraph 8 below).  The following conditions shall apply to leave   taken under this paragraph:

                                    1.         Leave must be taken starting on the earlier of the date of the birth                                       of the child, or the date the teacher ceases work prior to childbirth on the                                       advice of her physician.

                                    2.         A teacher taking leave under this provision will be paid only to the                                      extent she would be paid if she were not on leave.  For example, a teacher                                      whose period of leave, as described in subparagraph 1, falls entirely                                                during the summer break would be entitled to no additional pay for that                                         eight week period, and could not use the eight weeks at the start of the                                       next school year.  Similarly, a teacher who gives birth four weeks before                                              the start of school would be entitled to just four weeks off with pay at the                                               start of the school year 

                                    3.         A teacher taking maternity leave under this provision may extend                                        her leave to a maximum of twelve continuous calendar weeks under the                                          provisions of the District’s Family and Medical Leave Policy, by                                                     following the procedures there under.  Continuation leave will be unpaid                                        unless the teacher has sufficient accrued sick days to cover the balance of                                       the twelve week period.  All leave taken under this provision will be                                         counted as Family and Medical leave for the purposes of the twelve week                                            maximum, except to the extent that it falls during summer break. 

                                    4.         The paid portion of the eight week leave under this provision will                                        not be subtracted from the teacher’s accumulated sick days.

                        5.         Employees employed on/or after September 1, 2007 will be                                     permitted to use accumulated sick leave for maternity purposes to the                                             extent of actual disability.  The pay portion will be deducted from sick                                           leave.

                       B.        An application for leave must be made at least two (2) weeks prior to her                           anticipated date of departure and must include a statement of her intention to                               return and the approximate date on which she expects to return.  A teacher cannot                                    request retroactive sick leave and maternity benefits after June 30th.

                       C.        A female teacher granted maternity leave of absence under this policy                                shall, upon returning to service after said leave, be restored to her previous, or                               similar, position with the same status, pay, length of service credit and seniority,                            as she had on the date of commencement of her leave of absence.  If other                                        employees of equal length of service       and status, service the same or similar                                    positions, have been terminated from service because of changes in the operation                                   of the school system affecting employment of teachers of the same types during                                     the period of such maternity leave, the teacher granted a maternity leave of                             absence shall not be entitled to be restored to her teaching position.

                                    D.        Any maternity leave granted under this Section shall not affect the                                                 teacher’s right to receive prorated sick leave, personal days, advancement,                                                  seniority, length of service credit, employee benefits, plans or programs, or                                                 other rights of her employment for which she was eligible on the date of                                                     commencement of maternity leave.
                                                E.         A female teacher during maternity leave may, for the period covered by                                                             sick leave, at her own expense, maintain her status in the Hospitalization and                                                      Insurance Benefit Program, by making payments of the usual and customary                                                        premiums, subject to the Family and Medical Leave Act and Massachusetts                                                             General Laws, Chapter 32B.

            5.         For Family Care

                        The Superintendent may, upon written request from a teacher, grant a leave of       absence without pay or increment for not more than one (1) year to allow a teacher to         care for a member of his/her immediate family (defined as father, mother, brother, sister,             son, daughter, husband, wife, or other relative residing in the same household as the            teacher) requiring such care.

            6.         For Personal Health

                        The Superintendent may, upon written request from a teacher, grant a leave of       absence without pay or increment not more than one (1) year for reasons of personal           health.  The Superintendent may require submission of appropriate medical evidence       prior to consideration of request for such leave.

                        All insurance benefits may be kept in force during such leave of absence provided             the teacher continues to pay his/her share of the cost of the insurance programs.

            7.         Sabbatical Leave

                        The Superintendent may, upon written request from the teacher prior to January 1,             grant a sabbatical leave.  Requests for such leave shall be evaluated and decided on a case          by case basis.  Prior to approval of a request for such leave, stipulations and conditions relative to the leave shall be mutually agreed upon by the teacher and the Superintendent, and reduced to writing in contract form.

            8.         Family and Medical Leave

                        Notwithstanding anything in this Agreement to the contrary, any teacher may                    exercise his or her rights to take Family and Medical Leave pursuant to the Family and      Medical Leave Act of 1993.  In order to exercise those rights the teacher must apply for      leave in accordance with the procedures set forth in the District’s Family and Medical     Leave Policy.  In the event that a teacher qualifies for Family and Medical Leave, the     District has the right to designate sick or other leave as Family or Medical leave in            accordance with the Family and Medical Leave Policy.

ARTICLE X                                                                                                                  PROFESSIONAL IMPROVEMENT

            A.        Courses

                        1.         Reimbursement:  Upon presentation of evidence of satisfactory completion, C or                           better, the School Committee will reimburse a teacher for courses, provided that such                                courses:

                        a.         Are in the teacher’s major or teaching field, or are part of a graduate                                               studies program leading to a higher degree which has been verified and                                          approved by the Superintendent.

                        b.         Are taken at an accredited college, university or professional training                                              school.

                        c.         Are approved in advance by the Superintendent.

            Effective September 1, 2015, reimbursement for courses and fees shall not exceed                         the sum of $850.00 (eight-hundred fifty dollars) per year for the term of the                                   contract.

            2.         Individual Courses.     A teacher not seeking reimbursement for an individual         course does not need prior approval from the Superintendent to take such individual     course.

3.         Effective September 1, 2015, a member who is required to obtain a Sheltered         Immersion Teacher Endorsement, will be granted three credits on the salary scale for an          accredited college course or a one time payment of $600 not on the base for a non college          non accredited program.

                        B.        Conferences, Workshops and Seminars

            1.  Requests:  The Superintendent may grant a teacher, upon the recommendation of          his/her Principal, a limited number of leave days with full pay to attend educational          conferences, workshops, seminars or other professional improvement activities that    would benefit both the teacher and the school.

            2.  Reimbursement:  Upon presentation of expense vouchers, the School District will         reimburse teachers for the total cost of the enrollment fees, meals, lodging and           transportation at the IRS rate currently prevailing incurred by attendance at professional   improvement activities approved in advance by the Superintendent.

            3.  Report:  A brief written report of the conference or professional improvement activity shall be prepared and submitted to the Superintendent upon his/her request.

            C.        School Visitations

            The Committee proposes the following:  each teacher should spend an entire day   visiting another school district or approved educational equivalent at least once every         year, subject to the administration’s approval.  A written report of such visits must be   turned in to the Superintendent with a copy to the building Principal, noting the   experience learned as to result of the visit.  This report must be turned in no later than    five (5) days after the visitation.

ARTICLE XI                                                                                                                                    TEACHER EVALUATION

            A.        Purpose

                        The most important element in a sound educational program is the excellence of its             teaching staff.  Evaluation of teachers shall be used to insure this excellence in the Douglas             School System.  Teacher evaluations will serve two basic purposes:  (1) to raise the quality of             instruction and educational service to the children of Douglas, and (2) to provide guidance to a             teacher needing improvement.

            B.        Procedure

                        Teacher evaluation is a continuous process and is not confined or limited solely to periods of formal observation.

            1.         All formal monitoring or observation of the work performance of a teacher will be             conducted openly and with full knowledge of the teacher. The use of eavesdropping,        public address or audio system and similar surveillance devices shall be prohibited.  A      teacher shall be given, upon request, a copy of any evaluation report prepared by his/her superiors and shall have the right to discuss such report with his/her superiors.

            2.         Upon written request to the Administration, a teacher shall be permitted, by           appointment, to inspect the contents of his/her personal folder, files, cards and records,   and to make copies of such contents and records as concern his/her work and        himself/herself.

            3.         No material derogatory to a teacher’s conduct, service, character or personality      shall be placed in his/her personnel file unless the teacher has had an opportunity to            review the material.  Any serious complaints regarding a teacher made to the   Administration by anyone shall be promptly made known to the teacher.

            C.        No teacher with professional teacher status shall be reprimanded, reduced in rank, or             reduced in pay by any member of the Administration or School Committee without cause and in             accordance with the provisions of the general laws.

            D.        Any complaints regarding a teacher made to any member of the Administration and/or             School Committee by any parents, students or person will be promptly called to the attention of   the teacher and the complainant will be identified to the teacher.  Complaints that are not deemed      credible shall be treated as if they had not been made.


ARTICLE XII                                                                                                                  GRIEVANCE PROCEDURE

                        A.        Purpose

            The purpose of the grievance procedure set forth below is to provide a systematic and                               timely process by which an aggrieved member of the Teachers Association may present a                         grievance concerning matters covered by this Agreement for a prompt resolution of the                                         differences.  Grievance proceedings will be kept as informal and confidential as may be                                                 appropriate for the level concerned and every effort will be made to dispose of at the lowest                                possible level.  Nothing herein contained will be construed as limiting the right of any teacher                              having a grievance to discuss the matter informally with the appropriate member of the                                       Administration at Level One and having the grievance disposed of at that Level without                                                intervention of the Teachers Association, provided that the disposition is not inconsistent with                           the terms of the Agreement.

            B.         Definitions

            1.  Grievance:  A “Grievance” is a complaint based upon an event or condition which        affects the welfare and/or conditions of employment covered by this Agreement of a member or members of the Teachers Association.

            2.  Aggrieved:  The term “aggrieved” is used to denote the person or persons filing the      grievance.

            3.  Party In Interest:  A “party in interest” includes the person or persons filing the             grievance, all persons or groups of persons who might be required to take action, or         against whom action may be taken, to resolve the grievance and the chairman of the       Association’s Professional Rights and Responsibilities Committee, or his/her designee           when involved in a grievance proceeding.

            4.  School Day:  A school day is a day on which school is in session.

            5. Time Limitations:  A grievance may be submitted no later than ten (10) calendar days    from the date of the individual or association awareness.

            C.        Grievance Procedure

                        The number of days indicated at each level should be considered maximum, and every             effort will be made to expedite the procedure whenever possible.  Where necessary in the interest             of fairness and completeness, time limits may be extended by mutual written agreement of             parties concerned.  Grievances submitted after June 1 will be processed as expeditiously as             possible.

                        At all levels, the aggrieved person(s) shall have the right to meet with the Administration             either privately or in company with a representative of the Association.

                                    A grievance that effects, or may affect, a group or class of employees may be submitted                                     by the Association directly to the Superintendent and the processing of such grievance                                                 shall be commenced at Level Two.

                        All documents, communications and records relating to the processing of a grievance will be filed separately from the personal files of parties in interest.  No reprisals of any kind will be                            taken by the School Committee or by any member of the Administration against any party in                              interest for reasons of participation in a grievance proceeding.

                        1.         LEVEL ONE:  MEETING WITH PRINCIPAL

            The aggrieved shall discuss the grievance with his/her Principal.

            a.          If an immediate disposition of the grievance is not made at this meeting, the         Principal shall have five (5) school days from the date of this meeting in which to advise      the aggrieved of his/her decision.  If, at the end of the five school days, the Principal has     not advised the aggrieved of his/her decision, or, if the Principal’s decision is not acceptable to the aggrieved, the aggrieved may, within the three (3) school days next       following, request in writing a meeting with the Superintendent.  This request must state        the nature of the grievance, the Article or the provision of the Agreement allegedly             violated, the remedy requested, and the signatures of the aggrieved person(s) and the        Association representative.  A copy of this request must be forwarded to the Principal.              Failure on the part of the aggrieved to comply with these requirements may result in   termination of the grievance proceeding.  The Superintendent shall, within five (5) school   days from the day of the written request for a meeting, schedule said meeting.

                        2.  LEVEL TWO:  MEETING WITH SUPERINTENDENT

            The aggrieved shall discuss the grievance with the Superintendent.

            a.         If an immediate disposition of the grievance is not made at this meeting, the             Superintendent shall have five (5) school days from the date of this meeting in which to    advise the aggrieved of his/her decision.  If, at the end of the five school days, the      Superintendent has not advised the aggrieved of his/her decision, or, if the          Superintendent’s decision is not acceptable to the aggrieved, the aggrieved may, within            the three (3) school days next following, request in writing a meeting with the School             Committee.  This request should be addressed to the Chairman of the School Committee, and must state the nature of the grievance the Article or the provision of the Agreement           allegedly violated, the remedy requested, and the signature of the aggrieved person(s) and      the Association representative. 

            b.         If the subject matter of the grievance involves any action of the Superintendent or             the building principal(s) pursuant to M.G.L. Chapter 71, Sections 71, Sections 38, 40, 41,       42D,    43, 47A, and 59B, and if the grievance has not been disposed of to the satisfaction         of the aggrieved party, the Association within ten (10) days after the Level 2 meeting will        seek arbitration by giving notice of its intent to the Superintendent.

            A copy of this request must be forwarded to the Superintendent.  Failure on the    part of the aggrieved to comply with these requirements may result in termination of the         grievance proceeding.  The School Committee shall, within ten (10) school days from the          day of receipt of the written request for a meeting, schedule such meeting at a time       mutually convenient for all parties concerned.

            3.  LEVEL THREE:  MEETING WITH THE SCHOOL COMMITTEE

                        The aggrieved shall present the grievance to the School Committee only if related to non            personnel actions.

            a.         If an immediate disposition of the grievance is not made at this meeting, the          Committee shall have ten (10) school days from the day of this meeting in which to     advise the aggrieved of its decision.  If, at the end of the ten school days, the Committee             has not advised the aggrieved of its decision, or, if the Committee’s decision is not          acceptable to the aggrieved, the aggrieved may, within five (5) school days after a     decision by the Committee, or within fifteen (15) school days after he/she has met with     the Committee, whichever is sooner, make written request of the Teachers Association to        submit his/her grievance to arbitration.  If the Association determines that the grievance   is meritorious and that it arises from the language of this Agreement or an alleged breach             thereof, it may, by written notice to the Committee, submit the grievance to arbitration     within fifteen (15) school days after receipt of the request by the aggrieved.  Grievances            that do not arise from the language in this Agreement, or an alleged breach thereof, will     not be arbitrable.

(Explanatory Note:  This portion of the Grievance Procedure requires the Association to    notify the Committee of its intent to proceed to arbitration within twenty (20) school days    of the date the Committee makes known to the aggrieved its Level Three Decision.      These 20 days consist of the 5 days within which the aggrieved must request the           Association to support his/her request for arbitration plus the 15 days within which the         Association must then notify the Committee of its intent to proceed to arbitration.  The             Committee may not extend or otherwise modify the time limit within which an aggrieved             is required to make written request of the Association to submit his/her grievance to arbitration.)

            b.         Within ten (10) school days after such notice of submission to arbitration, the         Committee and the Association will agree upon a mutually acceptable arbitrator and will          obtain a commitment from said arbitrator to serve.  If the Parties are unable to agree upon         an arbitrator, or to obtain such a commitment within the specified period, the party    seeking arbitration will initiate proceedings with the American Arbitration Association      (AAA) by serving notice, in the form of a “Demand for Arbitration”:  on the other party,            with a copy of said “Demand” forwarded to the AAA, One Center Plaza, 3rd Floor,             Boston, MA  02108.  (The AAA will supply “Demand” Forms, on request.)  The parties    will then be bound by the rules of the AAA in the selection of an arbitrator.

                        4.  LEVEL FOUR:  MEETING WITH ARBITRATOR

            The aggrieved shall present his/her grievance to the arbitrator.

            a.         The arbitrator so selected will hear the matter and will issue his/her decision not     more than thirty (30) days from the date of the close of the hearings.  The arbitrator’s             decision will be in writing and will set forth his findings of fact, reasoning and             conclusions on the issues submitted.

            b.         The power of the arbitrator in this instance stems from this Agreement, and            his/her function is to interpret and apply this Agreement and to pass upon alleged violations thereof.  He/she shall have no power to add to, subtract from, or modify any of    the terms of this Agreement, nor shall he/she have any power or authority to make any   decision that requires the commission of an act prohibited by law or that is volative of the         terms of this Agreement.

            c.         The decision of the arbitrator shall be submitted to the Committee and the Association and, subject to law, shall be final and binding upon the Association, the Committee, and the aggrieved, provided that the arbitrators in reaching his/her decision          shall not have substituted his/her judgment for that of the Committee or the Association.

            d.         The costs for the services of the arbitrator, including expenses, shall be divided      equally between the Association and the Committee.

D.  Exchange of Information.  Facts, opinions, proposals and counterproposals will be freely             exchanged during and between meetings of the Association and the Committee.

E.  Special Circumstances.  Whenever the positions of High School Principal and Superintendent are held by one and the same person, grievances concerning high school matters may be          submitted initially at Level Two.

ARTICLE XIII                                                                                                                                  PERSONAL INJURY PROTECTION

(Informational Preface:)  A teacher who sustains personal injury arising out of and in the course                           of his/her employment shall be provided with medical coverage plus weekly salary compensation                         in accordance with the limits established and regulated by the Massachusetts Workers’                                          Compensation Law.

            A.        Whenever a teacher is absent from school as a result of a personal injury arising out of       and in the course of his/her employment, which injury qualifies said teacher for benefits under             the Workers’ Compensation Law, the School District shall pay said teacher a salary make-up, in             accordance with the following provisions:

            1.         The salary make-up paid by the School District will be an amount which, when      added to the amount of weekly benefit received by the teacher as Workers’         Compensation, shall equal the teacher’s normal net salary (defined as gross salary minus        State and Federal tax deductions.)

            2.         The length of time for which the School District will pay salary make-up will be     limited to the period for which workers’ compensation benefits are paid, and will not       exceed, in any case, a period of three (3) months from the date of the original injury.

                        B.        No part of absence taken during the period for which workers’ compensation benefits are                                     paid will be charged to sick leave.

                        C.        Reimbursement for Damage to Teachers’ Personal Property

                        The School District will reimburse a teacher for clothing and personal property damaged   or destroyed in the course of employment (excluding items such as radios, televisions and tape         recorders brought to school mainly for personal benefit and excluding automobiles).  In no event      shall such reimbursement be in an amount in excess of two hundred dollars ($200.00).  No    reimbursement will be made where such damage or destruction has been caused by negligence    on the part of the teacher.

            The decision as to whether or not such damage occurred in the course of the teacher’s       employment shall not be a grievable matter within Article X-B(1) above.

ARTICLE XIV                                                                                                                       MISCELLANEOUS PROVISIONS

                        A.        Committee-Association Meetings on Non-Contractual Matters

                        Whenever a member or members of the Association desire to meet with the Committee to             discuss matters not covered by this Agreement (i.e. non-grievance matters), a request will be         made in writing to the Chairman of the School Committee, with a copy to the Superintendent.  The request must explain the nature of the matter(s) to be discussed.  Upon receipt of such    request, the Chairman will direct the Superintendent to place the matter on the agenda for the      next regular meeting, or, if in the Chairman’s opinion the matter so warrants, schedule a special     meeting of the Committee.

                        B.        Association Rights to Use of School Facilities

            1.         The Association may use school buildings, without cost, at reasonable times for     meetings.  Requests for use of buildings will be made to the Principal of the building in          advance and approval shall be subject to previous commitments for use of the building and its facilities.

            2.         Requests for use of the gymnasium and/or other athletic facilities will be made       and processed through normal channels.

            3.         The Association may place notices on faculty bulletin boards and in teacher’s         mail boxes.

            C.        Extra-Curricular Activities

            Teachers are free to reject extra-curricular activities.

            D.         Agenda and Minutes

             A copy of the agenda and minutes of the School Committee meetings other than   executive sessions shall be sent to building representatives of the Association three days prior to       meetings.  Approved minutes of meetings shall be sent to building representatives of the Association within one week after said approval.

ARTICLE XV                                                                                                                          SALARIES AND OTHER COMPENSATION

                        A.        Salaries

            1.         Salary Schedules:  The salaries of all persons covered by this Agreement are set                                                      forth in Appendix A Teacher Salary Schedules. 

            2.         Teacher Salaries:  Teachers’ salaries will be paid in accordance with the       appropriate schedule as set forth in Appendix A.  Compensation shall be deemed to be    fully earned at the end of the school year, and proportionately earned during the school            year.  All personnel on the teachers’ salary schedule shall be paid in twenty-six (26)       bi-weekly installments from September on one calendar year to August 31 of the next     calendar year.  However, if, on or before May 15, a teacher requests payment of all salary due him/her for the period June 21 through August 31 of that year and if said teacher is            legitimately entitled to such salary, such amount shall be paid him/her no later than the    last day of school.

                        a.         Credit on Salary for Increase in Educational Qualifications.

                        Increment credit in compliance with the educational qualification levels                              (B+15, M+15, etc.) established on the salary schedule shall be established at the                            beginning of each school year.  Credits earned during a school year shall be                                    considered for increment adjustment at the beginning of the next school year.                                This subparagraph shall not be construed as barring the Superintendent from                              adjusting an employee’s salary during the school year in the event of                                           misplacement on the salary schedule.

                        In order to qualify for increment credits and be eligible for a lane                                        adjustment, the credits and/or degree must be obtained from an accredited school                          in the teacher’s area of certification or, in the Superintendent’s educational                                   judgment, in an area that furthers the professional development of the teacher’s                           certification; provided, however, if the Superintendent denies a lane adjustment                         because of the courses taken by a teacher, such teacher may grieve the denial in                                 accordance with the grievance and arbitration provision of the Agreement.

            3.         New Teachers:  Upon initial appointment in the Douglas School System, a teacher             may be granted, subject to the recommendation of the Superintendent and the approval of        the School Committee:

                        a.         Full increment credit for previous teaching experiences elsewhere; and/or

                        b.         Increment credit not to exceed two years for military, business, Peace                                 Corps (or similar organization) experience likely to significantly increase his/her                              value to the Douglas School System.

            4.  Salary Review Prior to Retirement:  Any teacher 55 years of age or older who has         completed twenty (20) years of service in the Douglas Public Schools and with            professional teacher status in the Douglas School System and who has not reached     maximum salary, shall be considered for additional salary one year before retirement if   she or he has submitted to the Superintendent a written notice of intent to retire one year           before said retirement.           

            5.  Any teacher retiring between the 2015-2016 school year through the 2019-2020            school year and who has not been advanced under section 4 because he/she is already at          M60/ Step 11 will receive a $1,000.00 stipend when he or she files their retirement         paperwork.  This item will sunset at the end of the 2019-2020 school year.

            B.        Benefits

                        See Appendix B.

            C.        Payroll Deduction Plan:  Payroll deductions are authorized for the following items:

            1.  Professional Dues

            2.  Tax-sheltered annuities

            3.  Disability with the Town’s disability insurance company                                                             4.  Town employee’s health and life insurance plans                                                                   5.  Massachusetts Teachers Association Credit Union

            D.        Other Compensation

            1.  Co-Curricular Compensation:  Co-curricular responsibilities shall be compensated for    in accordance with Appendix C – Co-Curricular Salary Schedule.

                        2.  Payments:   Payment of co-curricular salaries shall be in accordance with the                                         following schedule:

                 a.         Athletic Director – Lump sum separate paycheck at completion of school                                year.

                 b.         Coaches – Lump sum separate payment at completion of appropriate                                        athletic season.

                 c.         Advisors/Directors – Lump sum separate payment at completion of a                                       particular event (e.g. school play) or completion of school years as                                            appropriate.

ARTICLE XVI                                                                                                                       SCHOOL NURSE

            A.        School Registered Nurse.  The School Registered Nurse, as an authorized member of the             Douglas Teachers collective bargaining unit, shall be fully eligible for all benefits and/or    privileges that are accorded to teachers by this Agreement.

            B.        The Registered Nurse shall be paid in accordance with the Teachers’ Salary Schedule. 

            C.        The Nurse Leader.  The nurse leader engages in instructional activities and participates in             parent/teacher activities on a regular basis.  The nurse leader shall be recognized as a co    curricular position with a salary equivalent to a grade-level coordinator.

            The Superintendent may, from time to time, require that the School Nurse, in addition to                         his/her regular duties, formally prepare and present to students and/or faculty, lectures on                                     personal hygiene and other matters which the Superintendent may designate. 

ARTICLE XVII                                                                                                              SEPARABILITY AND SAVINGS CLAUSE

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

ARTICLE XVIII                                                                                                        IMPLEMENTATION OF CONTRACT

                        Committee policy and administrative regulations inconsistent with the provisions of this             Agreement are deemed to be amended so as to be consistent herewith.

ARTICLE XIX                                                                                                               HONORARIA

            A.        Completion of 15 Years

                        Teachers are eligible to receive honoraria upon the completion of fifteen (15) continuous               years of teaching in the Douglas School System payable upon the completion of the          following school year.  Beginning in the 16th year until the completion of the 19th year,           teachers will be awarded an honorarium of $1,000 (One Thousand Dollars) per year, in  addition to any and all other compensation.

            B.        Completion of 19 Years

                        Teachers are eligible to receive honoraria upon the completion of nineteen (19)       continuous years of teaching in the Douglas School System, payable upon the completion of the         following school year.  Beginning in the 20th year until the completion of the 25th year, teachers        will be awarded an honorarium of $2,000 (Two Thousand Dollars)         in addition to any and all        other compensation.

            C.        Completion of 25 Years

                        Teachers are eligible to receive honoraria upon the completion of twenty-five (25) years     of teaching in the Douglas School System, payable upon the completion of the following school       year.  Beginning in the 26th year, teachers will be awarded an honorarium of $2,500 (Twenty     Five Hundred Dollars) in addition to any and all other compensation.

            D.        Completion of 30 Years

                        Upon the completion of thirty (30) years of teaching in the Douglas School System, and   every completed school year thereafter, teachers shall be awarded an honorarium of $3,000        (Three Thousand Dollars) in addition to any and all other compensation.

            E.         Schedule of Honoraria Payments

            All honoraria, as described above, shall be distributed to eligible staff members in two       equal payments, the first payment shall be in that normal pay schedule falling closest but no later           than December 15 and the second pay falling closest but not later than April 15.

ARTICLE XX                                                                                                                       MANDATORY SCHOLARSHIP FUND CONTRIBUTION

            A.        The Douglas Teachers Association and the Douglas School Committee agree that members of the teachers’ bargaining unit, who are not members of the Association but who      receive the benefits of representation, shall donate on a mandatory basis an amount equivalent to the cost of contract negotiations and administration, and grievance administration to the D.T.A.       Scholarship Fund.

            B.        This amount will be either paid directly in total by November 1 of each school year or       will be paid directly on a biweekly basis or deducted biweekly by the School District from the            salary of any such employee who signs an authorization form permitting such deductions.  The               School District will transmit to the Association the amount deducted for the D.T.A. Scholarship          Fund Account.

            C.        The School Committee shall not be responsible for the implementation, collection, or             enforcement of this Mandatory Scholarship Fund Contribution except that it will supply any             required documentation to establish that a person is a member of the bargaining unit subject to     the contribution.

                        D.        The Association agrees that it will indemnify and hold the School Committee harmless                                     for any action taken against any employee as a result of this Article including but not limited to                                 any legal expenses incurred.

                        E.         After a demand for payment of this Mandatory Scholarship Fund Contribution is made                                     and no payment is received, the Association shall notify the employee that legal proceedings to                                     enforce the payment will commence by the Association.

ARTICLE XXI                                                                                                            DISTRIBUTION OF AGREEMENT

The School Committee will supply the Douglas Teachers Association with eighty (80)       copies of the Agreement.

ARTICLE XXII                                                                                                                      WAIVER

The parties acknowledge that during the negotiations which preceded this Agreement,      each had the unlimited right and opportunity to make demands and proposals with respect to any          subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and       opportunity are set forth in this Agreement.  Therefore, the School Committee and the     Association, for the life of this Agreement, each voluntarily and unqualifiedly waive the right            and each agree that the other will not be obligated to bargain collectively with respect to any      subject or matter covered in this Agreement.

ARTICLE XXIII                                                                                                           STABILITY OF AGREEMENT

                        The failure of the School Committee or the Association to insist on any one or more             incidents, or upon performance of any of the terms or conditions of the Agreement, will not be             considered as a waiver or relinquishment of the right of the School Committee or the Association             to future performance of any such terms or conditions, and the obligations of the School   Committee or the Association to such future performance will continue in full force and effect.

 

ARTICLE XXIV                                                                                                           DURATION OF AGREEMENT

This Agreement will become effective as of September 1, 2014, and shall expire on           August 31, 2017.

 

                                                                                                                                                

                                                                                                                                                

                                                                                                                                                

                                                                                                                                                

                                                                                                                                                

                                                                                                                                                

                                                                                                                                                

Committee                                                                   Union

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A

APPENDIX B

 

The Douglas School Committee – Town of Douglas will provide two health insurance carriers for its employees.  The two carriers are Fallon and Harvard Pilgrim.  The town will pay 80% and the insured 20% for the lowest costing plan.  If an employee selects the higher costing plan, he or she will receive from the Town 80% of the average of the two plans.  See example A.

Effective January 1, 2011, the Town will implement modifications in health plans described in the attached document as Alternative 1.  In consideration of the modification of the insurance plans, the Town agrees to establish a Health Reimbursement Account.  Members will be reimbursed in full, with appropriate documentation, for an additional $25 for emergency room fee and increased member costs relating to increases in in-patient and out-patient hospitalizations.

The Town agrees to meet with the Association to develop an “opt out plan” for members who currently participate in health insurance to make recommendations on a plan to be implemented on or before September 1, 2011.

The plan will be defined in Attachment A with a possible change in premium amount because of the change in implementation date.

Example A     Family [The premiums shown are hypothetical examples only]

 

Fallon – Direct Care

                              1,557.88

                                         1,542.71

Pilgrim - HMO

                              1,527.53

                              _______    x.80

 

                              3,085.41  ÷ 2 = 1,542.71 (average)         1,234.17

 

 

 

Town Share

Employee Share

Fallon – Direct Care

                             1,234.17

                                 323.71

Pilgrim - HMO

                             1,222.01

                                 305.52

 

 

Example B     Individual [The premiums shown are hypothetical examples only]

 

Fallon – Direct Care

                                 576.99

                                                       571.37

Pilgrim - HMO

                                 565.75

                                                          x.80

 

                              1,142.74  ÷  2 = 571.37 (average)                   457.10

 

 

Town Share

Employee Share

Fallon – Direct Care

                                457.10

                                                 119.89

Pilgrim - HMO

                                452.59

                                                113.16

 


Appendix C

 

                                                                                                FY 2015                 FY 2016                 FY 2017

                                                                                                1.00%                    0.50%                    1.75%

 

Athletic Director                                                                   7,728                      7,767                      7,903

Boys Varsity Basketball                                                    4,969                      4,994                      5,081

Girls Varsity Basketball                                                      4,969                      4,994                      5,081

Boys Varsity Soccer                                                            4,416                      4,438                      4,516

Girls Varsity Soccer                                                             4,416                      4,438                      4,516

Cross Country                                                                      4,416                      4,438                      4,516

Varsity Field Hockey                                                          4,416                      4,438                      4,516

Varsity Golf                                                                          4,416                      4,438                      4,516

Varsity Baseball                                                                  4,416                      4,438                      4,516

Varsity Softball                                                                    4,416                      4,438                      4,516

Track & Field (Spring)                                                        4,416                      4,438                      4,516

Varsity Cheerleading                                                          4,416                      4,438                      4,516

Boys Varsity Volleyball                                                     4,416                      4,438                      4,516

Girls Varsity Volleyball                                                       4,416                      4,438                      4,516

Indoor Track (Winter)                                                        4,416                      4,438                      4,516

Boys J.V. Basketball                                                           3,312                      3,329                      3,387

Girls J.V. Basketball                                                            3,312                      3,329                      3,387

Boys J.V. Soccer                                                                  2,760                      2,774                      2,823

Girls J.V. Soccer                                                                   2,760                      2,774                      2,823

JV Field Hockey                                                                  2,760                      2,774                      2,823

J.V. Girls Volleyball                                                             2,760                      2,774                      2,823

Middle School Girls Basketball                                         2,760                      2,774                      2,823

Middle School Boys Basketball                                       2,760                      2,774                      2,823

J.V. Baseball                                                                         2,760                      2,774                      2,823

J.V. Softball                                                                          2,760                      2,774                      2,823

J.V. Track & Field (Spring)                                 2,760                      2,774                      2,823

J.V. Cheerleading                                                                 2,760                      2,774                      2,823

Middle School Track & Field                                            2,760                      2,774                      2,823

Middle School Cross Country                                           2,760                      2,774                      2,823

Asst. Golf                                                                              1,657                      1,665                      1,694

Middle School Cheering                                                     1,657                      1,665                      1,694

Band Director                                                                       4,969                      4,994                      5,081

Asst. Band Director                                                             2,209                      2,220                      2,258

Chorus Director                                                                    4,416                      4,438                      4,516

Asst. Chorus Director                                                          2,209                      2,220                      2,258

Middle School Show Choir                                                2,209                      2,220                      2,258

Color Guard                                                                             662                         665                          677

Flag Advisor                                                                            332                         334                          340

Drill Advisor                                                                             332                         334                          340

Majorette Advisor                                                                  332                         334                          340

National Line Color Guard                                                   332                        334                          340

Percussion Advisor                                                                 332                         334                          340

Drill Instructor                                                                         332                         334                          340

Pep Band Advisor                                                                  332                         334                          340

Yearbook Advisor                                                               2,429                      2,441                      2,484

High School Student Council                                            2,429                      2,441                      2,484

Senior Play/Drama                                                              1,766                      1,775                      1,806

High School Department Chair                                        2,760                      2,774                      2,823

Grade Level Coordinators                                                 2,760                      2,774                      2,823

School To Work Coordinator                                            1,657                      1,665                      1,694

Newspaper                                                                            1,657                      1,665                      1,694

Advisor - Grade 12                                                              1,877                      1,887                      1,920

Advisor - Grade 11                                                              1,657                      1,665                      1,694

Advisor - Grade 10                                                              1,435                      1,442                      1,467

Advisor - Grade 9                                                1,215                      1,221                      1,242

Advisor – Grade 8                                                               1,105                      1,110                      1,130

High School Peer Leadership                                            1,105                      1,110                      1,130

Webmaster                                                                           1,657                      1,665                      1,694                     

Science Club                                                                            776                          788                         800        812         820

Varsity Math Team                                                            1,035                      1,051                      1,067      1,083      1,094     

J.V. Math Team                                                                      621                         630                         639         649         655

High School NHS                                                1,035                      1,051                      1,067      1,083      1,094

Gay/Straight Alliance                                                             621                        630                         639          649        655

Design Lab – HS                                                                           0                     1,100                      1,117      1,134      1,145

Middle School Peer Leader Advisor                 1,035                      1,051                      1,067      1,083      1,094

Middle School NHS                                                                621                         630                         639         649        655

Advisor – Grade 7                                                                   621                         630                         639         649        655

Advisor – Grade 6                                                                   621                         630                         639         649        655

Lego Robotics Co-Coordinator                                            621                         630                         639         649        655

Middle School Student Council                                            621                         630                         639         649        655

Middle School Year Book                                                     621                        630                         639         649        655

Middle School Running Club Advisor                                 N/A                         N/A                     1,278      1,298      1,311

Grade 3 Ambassador                                                              311                         316                         321         326        329

Grade 4 Ambassador                                                              311                         316                         321         326        329

Grade 5 Ambassador                                                              311                         316                         321         326        329

Grade 6 Ambassador                                                              311                         316                         321         326        329

Grade 7 Ambassador                                                              311                         316                         321         326        329

New Position, 3 hrs/wk; 10 wks                                            621                         630                         639         649        655

New Position, 1.5 hrs/wk; 10 wks                                         311                         316                         321         326        329

 

Athletic Director and reduced teaching-load

Teaching staff fulfilling the role of the Athletic Director will not be assigned a duty period; in addition, teaching duties may be reduced to 60%, subject to scheduling needs as determined by the Building Principal.

 

Longevity Stipend          

 

Co-Curricular stipends will be increased by the following amounts for consecutive years of service in a given (or similar) position:

start of 6th year through end of 10th year: 5%

start of 11th year through end of 15th year: 10%

start of 16th year, until an individual leaves said position: 15%

 

For the purpose of this section only, “similar” shall be defined as positions with one kind of activity, and “consecutive” shall be defined as no break in service, unless the break is caused by a bona fide reason or the activity not being offered/funded.  Subject to approval by the Superintendent, the Building Principal will determine the number of years that apply as “consecutive” for anyone changing positions and/or determine the bona fide break in service.

 

Examples of “similar” positions would include grade-level advisors (regardless of grade), coaches within a sport (regardless of level), or any other position within an activity with more than one stipend or position.

For anyone fulfilling the duties of multiple positions, experience would be determined for each position individually, without regard to “similarity.”

 

Longevity will be prorated for individuals sharing (splitting) a co-curricular position and individual must each qualify to receive their prorated longevity amount.

 

Longevity will not be paid to non-bargaining unit members filling co-curricular positions.

 

                * Adopted 4/2/08

                FY12 & FY13 Revisions Voted by DTA 6/21/11

                FY12 & FY13 Revisions Voted by School Committee 7/13/11

                Middle School Running Club Advisor added – Approved by School Committee – September 7, 2011

                FY 2014 – One year agreement – 1% - Voted and Approved by School Committee: June 5, 2013

                FY2015 - FY2017 – Added MS Track & Field Coach, MS Cross Country Coach, and MS Show Choir.

 

 

Side Letter

 

1.  A step freeze with a 0.5% COLA for the 2015-2016 school year.  Movement across                                  lanes to compensate for earning additional college credit and tuition reimbursements         would be allowed.

2.  The FY 2016 and FY 2017 school calendars will be reduced by two days to 181 work             days.  There will be two fewer work days in FY  16 and 17 in exchange for the pay         freeze, but not a reduction in the annual rate.        Professional development will be conducted            on early release days. 

3.  Teachers will have two additional personal days with current contractual language        each year FY16 and FY17.  Both items 2 and 3 will sunset upon the conclusion of this          contract.         

4.  The savings realized by this proposal are to be used to reduce class sizes as follows:      K-3 (27), 4-8 (31), as smaller class sizes are more educationally sound.     

5.  Any additional revenue received (grants, additional revenue from the town or state,     additional funds that makes general fund monies available, etc.) or amounts in excess of         the goal set forth in item four (4) are to be used to address any grade level in excess of          27, followed by any restoration of any activities or co-curricular/extra-curricular       programs not already restored unless the grant is for a specific use.

6.  Fundraising monies may be accepted as “direct donations” where the amount donated is spent on the program the donor(s) specify.  In the event donations create an excess amount in the budget of the program specified, general fund money budgeted into that   program would be returned to the general fund and allocated to achieve items 4 and 5.

7.  User fees for programs must cover stipends for those programs with no per student or family caps.

8.  Any teacher retiring within the next 1-5 years will receive a $1000.00 stipend when he             or she files their retirement paperwork.  This item will sunset at the end of the 2019-2020      school year.

9.  The DTA will not accept another step freeze in the next 5 years.

10.  No extra help language.

11.  Prep time will be restored to 50 minutes for Primary, Elementary, and Middle             Schools.

12.  As part of a three year contract with salary being:

FY 15 – 1% retroactive                                                                                                                       FY 16 – 0.5%                                                                                                                                            FY 17 – 1.75%

 

Memorandum of Agreement

 

This agreement is entered into by and among the Douglas Teachers Association (hereafter referred to as the “Association”) and the Douglas Public Schools (hereafter referred to as the “District”).

 

Whereas, the Department of Elementary and Secondary Education (DESE) has adopted new regulations pertaining to the evaluation of educators covered under the collective bargaining agreement between the Association and the District; and

 

Whereas, the Department of Elementary and Secondary Education has agreed that there are many areas for the Association and the District to bargain over; and

 

Whereas, the Department of Elementary and Secondary Education has developed and provided a model as has the Massachusetts Teachers Association to meet the above mentioned regulations.

 

Now, therefore, the Association and District hereby agree to the following:

 

1.         The Association and the District will bargain the evaluation instrument to be used by the Association and the District.

 

2.         That in the 2012-2013 school year the evaluation instrument to be used will be done on a pilot basis.

 

3.         That during the 2012-2013 school year the evaluation system will not have a negative        affect on an Association member’s status in the district, with the exception of non-PTS             members.

 

4.         That the Association and the District meet regularly during the year to finish the    bargaining and to evaluate the evaluation instrument.  The administration will communicate with the leadership of the Association in regards to all aspects of the     implementation of the evaluation instrument.

 

5.         That with the 2013-2014 school year, the newly negotiated evaluation system will be in    full effect and it will be incorporated by reference into the collective bargaining          agreement.

 

This agreement entered into on the                  day of July 2012.

 

 

 

 

                                                                                                                                                           

For the District                                                            For the Association