Andover

Show detailed information about district and contract

DistrictAndover
Shared Contract District
Org Code90000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2014
Expired Statusin mediation
Superintendency Union
Regional HS Members
Vocational HS MembersGreater Lawrence RVTSD
CountyEssex
ESE RegionNortheast
Urban
Kind of Communityeconomically developed suburbs
Number of Schools10
Enrollment6163
Percent Low Income Students5
Grade StartPK or K
Grade End12
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ANDOVER PUBLIC   SCHOOLS

ANDOVER, MA   01810

AGREEMENT

Andover   School   Committee

and   the

Andover   Education   Association

September 1, 2011 to August 31, 2014

Preamble

1

ARTICLE 1

2

Scope

2

ARTICLE 2

2

Conditions of Employment

2

ARTICLE 3

3

Dues Deduction and Agency Service Fee and VOTE

3

ARTICLE 4

3

Grievance Procedure

3

ARTICLE 5

5

Reopening

5

ARTICLE 6

5

Graduate Study

5

ARTICLE 7

6

Teacher Year, Day, Load

6

ARTICLE 8

8

Specialists

8

ARTICLE 9

9

Interschool and Professional Leave Travel

9

ARTICLE 10

9

Resignations

9

ARTICLE 11

10

Assignments and Transfers

10

ARTICLE 12

11

Non-Teaching Duties

11

ARTICLE 13

11

Deviations from Salary Schedule

11

ARTICLE 14

11

General

11

ARTICLE 15

12

Sick Leave

12

ARTICLE 16

13

Experience Allowed

13

ARTICLE 17

13

Health Insurance

13

ARTICLE 18

13

Professional Leave

13

ARTICLE 19

14

Personal Leave

14

ARTICLE 20

14

Extended Leaves of Absence

14

ARTICLE 21

16

Childbearing and Child Rearing Leave

16

ARTICLE 22

17

Jury Leave

17

ARTICLE 23

17

Death in Family

17

ARTICLE 24

17

Unclassified Absences

17

ARTICLE 25

17

Protection

17

ARTICLE 26

18

Teacher Rights

18

ARTICLE 27

19

Reduction in Force

19

ARTICLE 28

21

Teacher Evaluation

21

ARTICLE 29

25

Vacancies

25

ARTICLE 30

25

Program Liaison, Curriculum Advisors, Team Leaders

25

ARTICLE 31

26

Assistants

26

ARTICLE 32

26

Pay Schedule

26

ARTICLE 33

27

Education of Dependent Children

27

ARTICLE 34

27

Longevity Pay

27

ARTICLE 35

28

403b Benefit

28

ARTICLE 36

28

Time and Learning - General Concepts

28

ARTICLE 37

29

Summer School

29

ARTICLE 38

Effect of Agreement

ARTICLE 39

30

Nurses

30

ARTICLE 40

Savings Clause

34

APPENDIX A

35

Teachers' Salary Schedule

35

APPENDIX A (continued)

36

Explanation of Tracks

36

Permissible Exceptions

36

APPENDIX B

38

Intramurals

38

Coaching Salary Schedule

36

Extra Curricular Stipends

39

APPENDIX C

45

PROFESSIONAL STIPENDS / DIFFERENTIALS*

45

APPENDIX D

46

Principles of Effective Teaching

46

This AGREEMENT is entered into as of September 1, 2011, and shall continue in full force and effect through August 31, 2014.

CONTRACT

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Contract is made this 29th day of June, to be effective September 1, 2011 by the School Committee of the Town of Andover (hereinafter referred to as the Committee) and the Andover Education Association (hereinafter referred to as the Association).

Preamble

Recognizing that our prime purpose is to provide education of the highest possible quality for the children of Andover and that good morale within the teaching staff of Andover is essential to the achievement of that purpose, we the undersigned parties to the contract declare that:

a.     Under the law of Massachusetts, the Committee, elected by the citizens of Andover, has final responsibility for establishing the educational policies of the public schools of Andover. Nothing in this agreement shall be deemed to derogate from or impair the powers and responsibilities of the Committee under the statutes of the Commonwealth, or the rules or regulations of any agency of the Commonwealth. As to every matter not covered by this Agreement, the Committee retains all the rights, powers, and duties it has by law, and may exercise the same without any such exercise being made the subject of an arbitration proceeding hereunder;

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

c.     The teaching staff of the public schools of Andover has responsibility for providing in the classrooms of the schools, education of the highest possible quality;

d.    Fulfillment of these respective responsibilities can be facilitated and supported by consultation and free exchange of views and information between the Committee, the Superintendent, and the teaching staff in the formulation and application of policies relating to wages, hours, and other conditions of employment for the teaching staff;

e.     To give effect to these declarations, the following principles and procedures are hereby adopted.

ARTICLE 1

Scope

1-01          For the purposes of collective bargaining with respect to wages, hours, and other conditions

of employment, the negotiating of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent and representative of all professional employees defined in 1-02 (as such employees are defined in Chapter 150E of the General Laws of Massachusetts).

1-02          Unit A shall be comprised of all classroom teachers, head teachers, program heads with teaching assignments, media librarians, instructional specialists, guidance counselors, school social workers, Chapter 766 professional personnel, registered nurses, coordinator of the gifted and talented program excluding paraprofessionals and all other employees.

1-03          The Association agrees to allow the Committee to assign unit work to the Program Advisors at up to 40% per advisor. Should the Program Advisors be assigned 50% or more classroom instruction, the Committee agrees to join the Association in petitioning the Massachusetts State Labor Relations Commission to accrete the positions into the bargaining unit. Major assignments of substantive bargaining unit work to administrators will not be made without the consent of the Association.

1-04          The Association and the School Committee have established mutual goals of maintaining and promoting student achievement; recruiting and retaining the best teachers; and promoting education to the community of Andover. The parties agree to continue a dialogue using the IBB method to meet these goals. To this end, we agree to meet at least twice a year, in November and May to determine whether any issues or changes have arisen that should be addressed by the IBB team. The November and May meetings are scheduled to ensure that the current relationship in solving problems continues. During the life of this Agreement, either party may institute discussions of issues that affect our mutual goals. Discussions, under normal circumstances, shall commence no later than two weeks after receipt of notice. These discussions may supplant either the November or May meeting or both.

ARTICLE 2

Conditions of Employment

2-01          If, during the life of the contract, any teacher feels that an action taken by the Committee or Administration adversely affects his/her conditions of employment but does not violate the contract, the teacher should discuss the matter with his/her immediate supervisor to see if the matter can be resolved. If not resolved then:

a.     The matter will be discussed by the teacher involved, the President of the Association, and the supervisor and/or principal; if still not resolved, with the Personnel Manager.

b.    If the matter is still not resolved, the President of the Association and Association representatives will discuss the matter with the Superintendent.

c.     If the matter is still not resolved, the President of the Association and representatives of the Association will discuss the matter with representatives of the Committee in an effort to resolve the matter. If the Association and Committee so desire, they may seek the assistance of a mutually agreed upon third party for recommendations for resolving the matter.

2-02          Any person(s) appearing before the Committee with regard to any matter connected with this Agreement shall be allowed to speak and have representatives of the Association act on his/her behalf provided the person is to speak on an agenda item.

ARTICLE 3

Dues Deduction and Agency Service Fee and VOTE

3-01          The Committee hereby accepts the provisions of Section 17-C of Chapter 180 of the General Laws of Massachusetts and, in accordance therewith, shall certify to the Town Treasurer of the Town of Andover, all payroll deductions for the payment of dues to the Association duly authorized by employees covered by this contract.

3-02          The Andover School Committee agrees to require, as a condition of employment, that all teachers except those certified as members to the Committee by the Association, pay annually as of the 30th day subsequent to the effective date of this Agreement or by the 30th day of any work year or by the 30th day following appointment to a position in the bargaining unit an agency service fee. Said fee shall be equal to the amount required to become a member and remain a member in good standing of the Andover Education Association. An employee paying the agency fee shall be entitled, if he/she so demands in writing to the Association, a rebate of the pro rata share of the fee allowable under Chapter 150E, Section 12, and the regulations of the Labor Relations Commission governing agency fee. If an employee has not paid the fee or has not filed a complaint regarding the fee at the Labor Relations Commission within forty-five (45) days after the bargaining agent has made a written demand for payment of the fee, the Committee shall suspend the unit member until the fee is paid. Such suspension shall not exceed seven (7) work days.

The Union faces to indemnify the School Committee for damages or other financial loss which the School Committee may be required to pay or suffer by an administrative agency or Court of competent jurisdiction as a result of the School Committee's compliance with this Article.

3-03          Those unit members who give written authorization to the Business Office shall have a deduction in the authorized amount from each paycheck to VOTE (Voice of Teachers in Education). Authorization for the deduction must be submitted by October 15.

ARTICLE 4

Grievance Procedure

4-01          The purpose of the procedure set forth hereinafter is to produce prompt and equitable solutions to those grievances which, from time to time, may arise and affect the conditions of employment of the employees covered by this contract. The Committee and the Association desire that such procedures shall always be as informal and confidential as may be appropriate for the grievance involved; and nothing in the contract shall prevent any such employee from individually presenting any grievance of the employee.

4-02          Definition of a Grievance.  Any complaint by an employee in the bargaining unit that: (1) he/she has been subject to a violation, inequitable application, or misinterpretation of the contract, or (2) he/she has been subject to an unfair or discriminatory act or conditions contrary to the contract.

4-03          "Day" shall mean:

a.     During the school year, school days.

b.    During the summer, Monday through Friday, except for holidays.

4-04          Grievance Resolution. In a case of a grievance, the following procedure will be followed:

Level One

a. The principal or supervisor shall meet with the grievant and the Association within five (5) days of receipt of a grievance complaint and shall render his/her decision in writing to the grievant and the Association within five (5) days following the meeting.

Level Two - Superintendent

a.     If the grievance is not resolved after presentation at Level One, the Association, may within five (5) days*, submit the grievance to the Superintendent.

b.    Within five (5) days* after receipt of the grievance, the Superintendent (or his/her designee) shall meet with the grievant and the Association to consider the grievance. The Superintendent (or his/her designee) shall, within five (5) days* of the conclusion of this meeting, render his/her decision in writing to the grievant and the Association.

* See definition in 4-03

Level Three - School Committee

a.     If the grievance is not resolved at Level Two, the Association may, within five (5) days*, submit the grievance to the Committee.

b.    Within ten (10) days* after submission of the grievance to the Committee, the Committee (or designated members thereof) shall meet with the grievant and the Association to consider the grievance. The Committee shall render its decision in writing to the grievant and the Association within five (5) days* of the meeting.

4-05          Arbitration If, at the end of twenty-five (25) days* next following presentation of the grievance in writing to the School Committee, the grievance shall not have been disposed of to the satisfaction of the Association and the School Committee, and the grievance shall involve the interpretation or application of any provision of this contract, the Association may, by giving written notice to the School Committee within the ten (10) days* next following conclusion of such period of twenty-five (25) days*, present the grievance for arbitration in accordance with General Laws, Chapter 150E in which event the School Committee and the Association shall forthwith submit the grievance to a mutually agreed upon third party outside the Andover School System to be chosen within five (5) days*, and, if no third party is so chosen, to arbitration under the rules of the American Arbitration Association.

* See definition in 4-03

4-06          The arbitrator's decision will be in writing and will set forth his/her finding of fact, reasoning and conclusions on the issues submitted. In determining if there has been a violation of the contract, the arbitrator must interpret the contract but he/she will have no power to change, alter, add to or subtract from any of the terms of the contract. The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law. The decision of the arbitrator will be submitted to the Association and the Committee and will be final and binding. The cost of the arbitrator will be borne equally by the parties.

4-07          General. If at the end of twenty (20) days* next following the occurrence of any grievance, or the date of first knowledge of its occurrence by any employee affected by it, the grievance shall not have been presented at Level One of the procedure, set forth above, the grievance shall be deemed to have been waived; and any grievance in course under such procedure shall also be deemed to have been waived if the action required to present it to the next level in the procedure shall not have been taken within the time specified.

4-08          If any employee covered by this contract shall present any grievance without representation by the Association, the disposition, if any of the grievance shall be consistent with the provisions of this contract, and if the Association shall so desire, it shall be permitted to be heard at each level of the procedure under which the grievance shall be considered.

*See definition in 4-03

4-09          No written communication, or other document, or record relating to any grievance shall be filed in their personnel file maintained by the School Department of the Town of Andover for any employee involved in presenting such grievance.

4-10          It may be mutually agreed upon by both parties involved at any time at Levels One through Three of the grievance procedure that the amount of waiting time specified before proceeding to the next level may be waived.

4-11          If a grievance affects a group or class of teachers, the Association may submit such grievance in writing to the Superintendent and/or his/her designee. The grievance will be processed through the levels of the grievance procedure starting at Level Two. The Association may process such a grievance even though all the aggrieved persons do not wish to do so.

4-12          The discharge of employees covered by this contract shall be handled solely in accordance with the terms of Massachusetts General Laws, Chapter 71, Section 42. No employee may grieve and/or arbitrate a discharge except in accordance with the procedures set forth in M.G.L. c. 71, § 42 unless a court or other official body rules that c.150E still applies to these cases.

ARTICLE 5

Reopening

5-01          This Agreement shall continue in full force and effect until August 31, 2014. Should either party wish to reopen for a successor agreement, they shall notify the other party in writing on or before October 15, 2013 of their desire to commence bargaining.

ARTICLE 6

Graduate Study

6-01           Reimbursement Fund

a.    Effective September 1, 2012, the Committee will establish a tuition reimbursement fund for employees in positions represented by this bargaining unit. Such Fund shall be $70,000 per contract year. Unused funds shall not carry over to the next contract year. The following rules apply to the Tuition Reimbursement Fund:

1.  An applicant applying for tuition reimbursement must have been employed by the Andover Public Schools in a Unit A position for a minimum of one (1) year prior to applying for tuition reimbursement and must be employed by the Andover Public Schools at the time of reimbursement.

2. There is a limit of one thousand dollars ($1,000) of reimbursement for graduate credits per contract year per employee up to the $70,000 fund maximum per contract year.

3.  The Superintendent shall establish three deadlines for applications for reimbursement, one deadline for each of the following three semesters: fall, winter/spring, and summer.

4.  An employee seeking graduate credit tuition reimbursement must submit a written application for tuition reimbursement to the Superintendent or her/his designee.

5.  An employee must obtain prior written approval from the Superintendent or his/her designee prior to taking the course; the decision of the Superintendent/designee shall not be arbitrary or capricious and shall be final and binding.

6. Employees may not obtain reimbursement for tuition if there is a voucher available to use for the course.

7. The Employee must obtain a grade of “B” or better in the pre-approved course to be entitled to reimbursement. If the course is not offered for a grade and is only offered on a pass/fail basis, the employee must receive a “pass” in the course to receive reimbursement.

b. The graduate study must meet the requirement under Appendix A, Explanation of Tracks. To advance to the next track, an employee must provide the Superintendent with written notice of such anticipated advancement on or before December 1st of the school year prior to September in which the employee seeks to advance.

6-02          Horizontal Salary Adjustments

a.     Salaries will be adjusted in September and February for staff members who accumulate enough credits to move up one (1) or more tracks.

b.    Evidence of completion of credits must be submitted to the Personnel Manager by September 1 and February 1 for the change to be effected.

c.     Intent to change tracks must be submitted by December 1 of the school year prior to the change.

6-03          Any unusual cases will be decided by the School Committee on the recommendation of the Superintendent.

Reimbursement for such courses shall be made in April, July, or October.

6-04          The "semester hour" is described as follows:

a.     The term "30" represents an amount of graduate level study past the Master's degree equivalent to the amount required to obtain a Master's degree at the institution granting the graduate study credits; at least a minimum grade of "B" based on the total hours is required. If credit hours from different institutions are utilized, they must be normalized depending on the credit system employed by the institution granting the graduate credit.

b.    The term "60" represents an amount of graduate level study past the Master's Degree equivalent to twice the amount required to obtain a Master's degree at the institution granting the graduate study credit; a "B" average based on the total hours is required.

c.     The term "hour" shall represent 1/30th of the amount of work required to obtain a Master's Degree as indicated in "a" above.

d.    The definition of "hour" may be modified by the School Committee in special cases which are not covered by this Article.

ARTICLE 7

Teacher Year, Day, Load

7-01

a. The work year of teachers will begin no earlier than September 1 and terminate no later than June 30, but will in no event be more than four (4) days more than the number of days when pupils are required to be in attendance by state law. The "teacher year" will include days when pupils are in attendance, orientation days at the beginning of the school year, conference days, and any other days when teacher attendance is required. The parties reserve their right to bargain on the subject for future years.

b.  Each High School guidance counselor may be required to work up to and including five (5) additional work days beyond the normal work year in Article 7-01 a. at the discretion of the high school principal.

c. Each Educational Team Facilitator (ETF) may be required to work up to ten (10) additional work days beyond the normal work year in Article 7-01 at the discretion of the Director of Student Services.

7-02          The Committee will consult with the Association regarding the calendar for the following year by May 1. After such consultation, the Committee will prepare the calendar and will again consult with the Association before final approval. The calendar for the following year will be posted before the end of the teacher year. The final decision regarding the calendar will be made by the Committee.

7-03

a.     Teachers may be required to report fifteen (15) minutes before student starting time.

b.    Teachers may be required to remain thirty (30) minutes after student dismissal time.

c.     Teachers will provide adequate time for extra-help sessions for students.

d.    Teachers will provide adequate time for parent-teacher conferences. Such time will not exceed the past practice of the last three (3) schools years.

e.     Teachers may be required to participate in other professional activities for a time not to exceed six (6) hours in any month. Reasonable effort will be made to give all teachers affected at least forty-eight (48) hours notice regarding the scheduling or rescheduling of this time. Under normal circumstances, the time shall be scheduled contiguous to the regular workday. The parties agree that the second high school open house will be included as part of the six (6) hour requirement. The high school principal will consult with the Union on the scheduling of the remaining four (4) hours for that month.

7-04          The starting and dismissal times for students shall be as follows:

Elementary Schools

8:45 A.M. - 3:00 P.M.

Middle Schools

7:45 A.M. - 2:05 P.M.

Senior High Schools

7:45 A.M. - 2:05 P.M.

Starting times may be varied by the School Committee, but the length of the pupil day will not be increased. 7-05          Teachers will have a duty-free lunch period of the following length:

Middle Schools

30 Minutes

Senior High Schools

30 Minutes

Nurses

30 Minutes

7-06                  Effective September 1, 2012, teachers in grades 6-8 will, in addition to their lunch period, be scheduled for 225 minutes of preparation time during a five day work week. During this preparation time, teachers shall not be assigned to duties. Where possible, preparation time shall be scheduled so that no time period is less than thirty (30) minutes duration.

Recognizing the importance of common team planning time to the functioning of the middle school model, middle school academic subject area teachers who are part of an academic core team will be scheduled for 225 minutes of common team planning in a five day work week. Foreign Language, Integrated Arts, and Physical Education teachers will be scheduled for 90 minutes of team planning time per five day week. Where possible, team planning time shall be scheduled so that no time period is less than thirty (30) minutes duration.

7-07          In addition to lunch and duty-free recess time, each elementary teacher shall have at least two-hundred-seventy (270) minutes of preparation time per week. Where possible, preparation time shall be scheduled so that no time period is less than thirty (30) minutes duration.

7-08          The parties shall establish a Study Committee to study the issue of common planning time for elementary classroom teachers. The Association shall designate three (3) members of the Study Committee and the School Committee shall designate three (3) members of the Study Committee.

7-09          There will be a fifteen (15) minute recess each day in the elementary schools.  Except on days when inclement weather causes indoor recess, each elementary teacher will be free of duties during this recess.

Teacher Load

7-10          No teacher shall be asked to substitute for another except in case of emergency.   An emergency is understood to be no more than one (1) day in duration.

7-11          Middle school teachers will not be assigned more than 30 periods per week.   The period limitations are calculated under a master schedule of eight periods per day with a student lunch of 30 minutes being considered one period. The aforementioned 30 periods includes teaching periods, team planning meetings and duties. Academic subject area teachers will be assigned to no more than 25 teaching periods per week. Integrated arts and physical education teachers will be scheduled on as similar a teaching schedule as possible to the academic subject area teachers consistent with the requirements of a sound educational system and said teachers will not be assigned more than 27 teaching periods. The administration will vigorously attempt to schedule Integrated Arts and Physical Education teachers to a maximum of 25 teaching periods. When a teacher is assigned more than 25 classes that teacher will receive an extra personal planning period for each additional class.

7-12          High school and middle school teachers will not be required to teach in more than two (2) subject areas. The number of preparations within each department shall be equitably distributed within each department.

7-13          Teacher-pupil ratios will be determined by the type of program, frequency of meetings, and the purpose of the instructional unit. The ratios will be a departmental or team consideration in the high school, and middle schools, and a primary or intermediate grade consideration in the elementary schools. In each case where the individual student-teacher ratio represents excessive responsibilities, assistance will be provided.

When a disagreement exists about whether such responsibilities are or are not excessive, the grievance procedures will be followed to settle the disagreement.

ARTICLE 8

Specialists

8-01          The following specialists may be required to teach in their specialty in the classroom the equivalent of one (1) day per week: instructional specialists, speech and hearing, media librarians, health educators, and guidance counselors.

8-02          The learning specialists shall receive a differential of $3879.*

*(Those employed for the 2001-2002 School year and after are not eligible for this stipend/differential)

The teachers of the self-contained substantially separate classrooms for the emotionally disturbed, developmentally delayed, physically handicapped and perceptually handicapped will be paid a salary differential of $1086.00.

8-03          Certified specialists within the Special Needs Department who are designated as Education

Team Facilitator and ESL liaison will receive a differential of $2793 based upon the added responsibility connected with conducting and monitoring evaluations of students.

8-04          School Social Workers employed in this position before the 2001-2002 school year will receive a differential of $2793 based upon added responsibility and time requirements.

8-05          The required work day for each guidance counselor, speech and hearing specialist and media librarian will be no longer than that of teachers. However, their schedule may vary from that of teachers.

ARTICLE 9

Interschool and Professional Leave Travel

9-01          Classroom teachers and specialists assigned to more than one (1) building will be given adequate time for travel between schools. In arranging schedules for such personnel, an effort will be made to limit all interschool travel.

9-02          No person required to travel shall utilize either his preparation or lunch time for such travel.

9-03          Personnel who are assigned to more than one (1) school will receive mileage reimbursement in accordance with current IRS reimbursement regulations.

9-04          Professional leave mileage shall be reimbursed at the I.R.S. rate per mile subject to the submission of an expense voucher.

ARTICLE 10

Resignations

10-01 The Andover School District contracts with professional personnel on a yearly basis, by virtue of the salary agreement. When it is known by an employee that he or she will not be able to complete the salary year, the employee is obligated to notify the Superintendent.

10-02 The termination day of employment is to be mutually determined by the Superintendent and the resigning teacher. If, after discussion, mutual agreement is not reached, the termination day of employment will be decided by the Superintendent.

10-03 No resignation will be accepted during the school year to take effect prior to the end of the school year except for reasons of illness, pregnancy, other justifiable cause as approved by the Superintendent.

10-04 Replacement for individuals resigning because of pregnancy may be at any time after official notification of the Superintendent. Notification of resignation because of pregnancy shall be given as soon as feasible.

10-05 No resignation is to become effective until thirty (30) days after its receipt by the Superintendent of Schools unless such requirement is waived by the School Committee.

10-06 No resignation shall be submitted subsequent to August 1, to take effect prior to the end of the ensuing school year except as provided in "03" of this Article. The School Committee may request the Association to take appropriate action against such member in accordance with their constitution and the School Committee may take appropriate action.

ARTICLE 11

Assignments and Transfers

11-01 In order to ensure that pupils are taught by teachers working within the areas of their competence, teachers shall not be assigned, except in accordance with the regulations of the State Board of Education, to subjects and/or grades or other classes outside the scope of their teaching certificates and/or their major or minor fields of study.

11-02        Voluntary Transfers

a.     Teachers who desire a change in grade and/or subject assignments or who wish to transfer to another building shall file a written statement of such desire with the Superintendent not later than March 1, unless the position in which the teacher is interested becomes vacant subsequent to March 1. In the latter case, the statement must be filed within ten (10) school days of the vacancy.

b.    If the statement is filed by March 1, the Superintendent shall notify the teacher as to the disposition of the request no later than June 15. If the statement is filed after March 1, the Superintendent shall notify the teacher by June 15 if practicable and, if not, as soon thereafter as practicable, but in no event after August 1.

11-03        Involuntary Transfers

a.     If a teacher is to be transferred involuntarily, notice of the intent to transfer shall be given in writing. Said notice shall include the reasons for transfer.

b.    Notice of intent to transfer shall be given by June 15, unless a later notice is necessary because of unanticipated changes in enrollment or resignations. In no event shall such transfer be implemented after the first full week of the school year.

c.     The teacher who has received notice of intent of transfer, if he/she so requests, shall be granted a conference with the Superintendent (or his/her designee) and the Principal(s) involved. The teacher may be accompanied by an Association representative.

d.    Said conference must be requested by the teacher within five (5) school days of the receipt of notice of intent to transfer, and said conference must be held within five (5) school days of receipt of the request. Final disposition must be given in writing within five (5) school days of the conference.

e.     A teacher with a schedule split between two (2) schools may have that schedule reassigned to another qualified member of the department by submitting a written request for a change to the Superintendent no later than April 1.

11-04        If the need to transfer occurs after June 15, but before the end of the school year:

a.     Notice of intent to transfer shall be given as soon as possible.

b.    The conference provided in 11-03 shall take place before the end of the school year.

c.     The teacher shall be given disposition in writing within five (5) days of the conference.

11-05        If the need to transfer occurs during the summer:

a. Notice of intent to transfer shall be sent by certified mail to the summer address of the teacher with a copy to the President of the Association.

b.    The teacher shall contact the Superintendent or his/her designee within five (5) days of receipt of the notice.

c.     The conference provided in 11-03 shall take place within ten (10) days.

d.    The teacher will be given disposition in writing within five (5) days of the conference.

ARTICLE 12

Non-Teaching Duties

12-01 The Committee and the Association acknowledge that a teacher's primary responsibility is to teach and that his/her energies should be utilized to that end, and that teachers will not be required to carry out a non-professional assignment. Collecting money from students for non-educational purposes will be kept to a minimum. Elementary teachers will not be required to distribute milk or supervise cafeterias. Teachers will not be required to do custodial duties.

ARTICLE 13

Deviations from Salary Schedule

13-01    There will be no deviation from the agreed salary policy as outlined for regularly elected personnel except as follows:

a.     Permanent substitutes who after ten (10) consecutive days of substitute services in the system, as for long-term service (to finish a school year), shall be paid at a daily rate computed at the Bachelor's minimum as shown in Appendix A.

b.    For marginal performance of duties, personnel whose performance of duties is evaluated as below average shall be notified in writing ninety (90) days prior to the re-election date. The staff member will be allowed an appearance before the Superintendent before the deviation becomes final.

c.     If it is adjudged necessary for any personnel affected by this salary policy to have pay withheld, such a loss of pay shall be computed as follows:

School Year Personnel -

loss of pay shall be computed on a daily rate from the formula of annual salary divided by the number of days in session since salaries are based upon the school year.

Other -

in the case of personnel receiving extra-duty compensation, loss will be computed on the part of the salary for the duty which has not been completely fulfilled.

ARTICLE 14

General

14-01        There shall be no discrimination against any staff member for participation in Association activities.

14-02        The hiring, assignments, and transfers of personnel covered by this contract will be made without regard to race, creed, color, religion, nationality, age, gender, or marital status.

14-03 Guidance counselors and administrators shall not be excluded from consideration for extracurricular positions. The Superintendent will give preference to qualified Andover school employees in filling coaching and extracurricular positions.

14-04        The Committee will provide the Association with:

a.     Twenty-five (25) copies of the current handbook of policies and regulations of the Committee.

b.    Twenty-five (25) copies of new or revised pages.

c.     Notification of any pages to be deleted.

14-05 In scheduling after-school activities, the Superintendent's office will, except in cases of emergency or where compelling and overriding circumstances otherwise require, leave Thursday afternoon free of activities so that the Association may schedule activities for that afternoon.

14-06 On the first Tuesday of October, January, and March (or such other dates as may be determined by mutual agreement), a committee comprised of no more than three (3) members of the Association will meet with the Superintendent and up to two (2) other members of the administration chosen by the Superintendent. These meetings will be for the purpose of discussing matters of mutual concern. These meetings are not for the purpose of bargaining. Either the Association or the Superintendent may invite the Committee to send a representative(s) to the meeting.

ARTICLE 15

Sick Leave

15-01 Sick leave shall be fifteen (15) days per year with accumulation up to one hundred eight (180) days.

15-02 Five (5) of these days per year may be used for professional personnel (a) if his or her absence is required in order to attend an ill spouse, child, or parent; or (b) to observe religious holidays.

15-03 A medical certificate, signed by a duly licensed physician, may be required for all absences exceeding five (5) consecutive school days.

15-04 Suspected cases of sick leave abuse shall be submitted to the Sick Leave Bank Board. The Board shall conduct an independent investigation which shall include allowing the affected individual, after being told the facts of the case, to appear before it to present facts and information on his/her behalf.

15-05 A Board consisting of a Chairperson appointed by the Association , two (2) other members chosen by the Association, and three (3) representatives chosen by the Committee will oversee the operation of a sick leave bank operating under the following conditions:

a.     Assistance is aimed at those individuals who have long-term terminal, mental, or accidental illness which results in the exhaustion of accumulated sick leave.

b.    Initial funding of the bank will be at the rate of one (1) day per teacher; the total annual sick leave will be reduced from fifteen (15) to fourteen (14) days for the first year.

c.     Individual petitions will be presented to the Board by interested parties.

d.    The maximum number of bank days granted to an individual will not exceed fifty (50) days after which a new petition must be presented and updated.

e.     When the sick bank falls below two-hundred fifty (250) days accumulations, each teacher will then contribute one (1) more day, to be deducted from his yearly sick day credit.

f.     In the event the bank is depleted, additional bank days will be funded on a voluntary basis, not to exceed one additional day per person.

g.    Petitioner or his/her representative must present pertinent medical data and proof of illness. A response to any petitioner will be forwarded within two (2) weeks.

h.    All decisions by the Sick Leave Bank Board will be by a simple majority vote.

i. All petitions are to be held in strict confidence within the confines of the Sick Leave Bank Board only. All committee decisions are final, subject to one (1) appeal by the petitioner.

j. The Board will review any case of sick bank abuse, and after proper investigation, may require the individual to submit a medical examination or proof of illness from medical experts.

Cost of said examination will be borne equally by the A.E.A. and the School Committee. The Board will have the right to censor any individual who has abused the sick leave bank and report it to the Andover School Committee for subsequent action.

ARTICLE 16

Experience Allowed

16-01 Professional personnel in Unit A entering or re-entering the Andover system will be placed upon a track and level consistent with their degree and experience as evaluated by the Superintendent or his/her designee but in no case on a track or level higher than that indicated by his/her degree or experience.

16-02 If such personnel begin teaching before official appointment by the Andover School District, they will, upon appointment, be paid retroactively to the first day at the appropriate step and on the appropriate track as recommended by the Superintendent.

16-03 Full credit as experience shall be given for each year of required service in the United States Armed Forces up to a maximum of three (3) years. For the purpose of this section, one (1) year will be considered as nine (9) to twenty (20) months service, two (2) years as twenty-one (21) to thirty-two (32) months of service, and three (3) years as thirty-three (33) months or more service.

ARTICLE 17

Health Insurance

17-01 The Town of Andover will pay the maximum amount of premium allowed under Chapter 32B of the General Laws of Massachusetts as of December 1, 1967.

17-02        Bargaining unit members shall be eligible to participate in the contributory benefit plan.

ARTICLE 18

Professional Leave

18-01 The Superintendent may grant members leave of absence with pay for the purpose of attending educational conventions, professional meetings, training institutes, and other activities which have a demonstrable relationship to the improvement of professional skill, subject to budget limitations.

18-02 Written request for such leave must be filed with the person's building principal or director at least ten (10) schools days in advance. Exceptions may be made where notice of the activity was not received more than ten (10) school days in advance.

18-03 The Superintendent may direct members to take such leave for the purposes and in the conditions outlined under "01". Directed leave shall be at the expense of the School Department, but members shall submit detailed expense vouchers to the Superintendent at the conclusion of such leave.

18-04 The Superintendent will notify ten (10) school days in advance of his/her intent to implement the provisions of "03" and will provide with such notice detailed information respecting such implementation.

18-05 Teachers on Professional Leave shall file a written report with the Superintendent within ten (10) school days of return.

18-06 Personnel may be reimbursed for tuition at non-credit workshops or institutes in subject fields at the rate of one (1) every three (3) years upon previous approval of the Superintendent.

18-07        Grievances under this Article may be instituted at Level 3 of the Grievance procedure.

ARTICLE 19

Personal Leave

19-01 Each member of the professional staff may have two (2) days per year, noncumulative, and exclusive of leave for death in the family, for the purpose of transacting or attending imperative legal business, household or family matters which require the absence of the member during school hours and which cannot otherwise be scheduled.

19-02 Written notice of intention to take this leave shall be filed with the person's immediate supervisor or principal, and forwarded to the Superintendent at least one (1) week in advance with the reason for taking such leave. Exceptions to the application of this provision may be made where the one (1) week advance notice would be either a hardship or an impossibility.

19-03 Availability of this leave shall be limited to 5% of the total teaching personnel in any one (1) school in any one (1) day.

19-04        Grievances under this article may be instituted at Level 3 of the Grievance Procedure.

19-05 The Association agrees to work with the administration in discussing the alleged improper use of personal leave days surrounding school vacations and holidays.

ARTICLE 20

Extended Leaves of Absence

20-01 Up to three (3) members designated by the Association shall, upon request, be granted leaves of absence of one (1) or two (2) school years without pay or increment for the purpose of engaging in the activities of the National Education Association, or any of its national, state, or local affiliates. Any member desiring leave shall apply to the Superintendent by February 1, prior to the beginning date of proposed leave. No leave under this section shall be granted after the start of the next school year.

20-02 Sabbatical leave for approved full-time study, as for other approved educational activities may be allowed for bargaining unit members who have taught in Andover for at least five (5) years. Such leave may be granted for one (1) year or one-half (1/2) year at one-half (1/2) pay for the period of absence regardless of any scholarship awards.

20-03 Working sabbatical leaves for research and advanced study may be allowed for unit members who have taught in Andover for at least five (5) years. Such leaves shall be at full pay if the member works the equivalent of a half-time teaching schedule. A member who does not fulfill the teaching requirement shall reimburse the Town pro-rata for the time at half salary.

20-04 Up to three (3) and no more than two (2) sabbatical leaves of either type delineated in 20-01 or 20-02 may be allowed. The Committee, in its discretion, may grant additional leaves and may grant internal sabbatical leaves to bargaining unit members. Sabbatical leaves of absence covered in Section 20-02 and 20-03 shall be governed by the following rules:

(1)   A preliminary request and plan for the use of such leave shall be presented to the School Committee by the preceding November 1, final request by the following April 30th.

(2)   A written report concerning the manner in which the leave was used may be required by the School Committee upon completion of the sabbatical leave.

(3)   Any personnel granted a sabbatical leave shall contract with the School Committee that upon termination of such leave, he/she will return to service in the Andover School System for a period equal to twice the length of the leave.

(4)   Upon return from such leave, said person shall be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence.

(5)   Upon return from such leave, said person shall be returned to the same position which he/she held at the time said leave commenced, if available or, if not, to an equivalent position.

(6)   A second or third such leave shall not be authorized until such personnel shall re-establish eligibility by serving another period of five (5) years in the Andover School System.

20-05 A teacher who has served for more than three (3) years as a teacher in Andover may be granted his/her request of leave of absence without pay for up to one (1) school year; provided that the teacher notifies the Committee in writing of his/her intent to do so by March 15 preceding the school year of the leave. This leave is not intended to provide a teacher with an opportunity to follow a spouse to another job location or to hold a job open while the teacher takes another job or to hold a job open if the teacher has no intention to return.

a.     A teacher, upon return, shall be returned to his/her former position, if possible, or, if not, to a similar position. Provided, however, nothing contained herein shall prevent the Committee from laying off a teacher pursuant to Article 27 of this Agreement.

b.    Leaves under this provision shall not exceed eight (8) in any school year.

c.     Requests for leaves under this provision shall not be denied without just cause. If the number of people already on leave within the applicant's teaching area makes the granting of a leave under this provision educationally unsound, the standard of just cause for denial shall have been met.

d.    Teachers on such leaves must notify the Superintendent of their intent to return no later than March 15 of the year preceding the school year of return. If the Superintendent notifies the teacher and the Association by registered mail to the teacher's last address on file of the March 15th deadline at least two (2) weeks in advance, then failure to respond can result in forfeiture of the teacher's position. Should the Superintendent send written notice by certified mail to a teacher who has not complied with the March 15th deadline, the Superintendent will also notify the Association. The teacher must respond within fifteen (15) days after receipt of the notice.

e.     The Association agrees to assist the Administration in locating teachers on leaves of absence and verifying their actual anticipated dates of return.

20-04 Leaves in excess of 90 work days granted pursuant to this Article and Article 21 shall not exceed more than two (2) in a four (4) year period.

ARTICLE 21

Childbearing and Child Rearing Leave

21-01 Childbearing Leave - Pursuant to Massachusetts General Laws Chapter 149, Section 105D, every female employee who has completed the initial probationary period of ninety (90) days is entitled to at least eight (8) weeks for the purpose of giving birth, provided she gives at least two (2) weeks; notice of her expected departure and return dates.

a.     An employee intending to take a leave of absence under 21.01 and who wishes to be eligible for childbearing leave shall notify the Superintendent of her approximate date of leave commencement and whether or not she anticipates taking a child rearing leave at least four (4) weeks prior to the anticipated commencement of the leave. Teachers are urged to give earlier notification thus providing the Administration with additional time to secure a replacement and insure continuity of instruction.

b.    The pregnant teacher may continue in her assigned position as long as her physical condition and ability to perform her assigned duties allow. The Superintendent may require medical evidence of the teacher's ability to continue to work in the same manner that it may require when questioning the health of a teacher in a non-maternity related situation.

c.     During disability periods due to pregnancy or childbirth a teacher, upon a timely request for sick leave, is eligible to use sick leave pursuant to Article 15.

d.      The teacher, upon completion of childbearing leave, shall be restored to the position she held when her leave commenced or a substantially equivalent position.

21-02 Child Rearing Leave - Timely with the birth or adoption of a child or upon completion of a childbearing leave, a teacher shall be entitled to a child rearing leave of up to two (2) years, provided the teacher gives written notice at least eight (8) weeks in advance of the leave or adoption. Only one (1) parent shall be eligible for such leave from the Andover School System for the birth or adoption of a child.

a.     A teacher on child rearing leave shall return to work at the beginning of a school year or at the semester break half-way through the year.

b.    The anticipated return date shall be included in the application for such leave. Prior to April 1 of each year the Association shall, if requested by the Superintendent, aid in determining whether a teacher is going to return the following year to the Andover School System.

c.     Leave taken pursuant to this Article must be consecutive and unpaid and the return to full-time employment shall constitute a termination of child rearing leave.

d.    In determining the placement on the salary schedule of a teacher who returns from a child rearing leave of absence, credit for full year teaching will be given on the schedule for the school year during which the leave began provided the teacher completed at least ninety-two (92) school days of teaching during said school year; otherwise, the teacher shall return to the step on the salary schedule which she held prior to the commencement of such leave.

21-03       The teacher shall be restored as soon as practicable to the position she held when her leave began, or to a substantially equivalent position. Provided, however, nothing contained herein shall prevent the Andover School District from laying off a teacher on child rearing leave pursuant to Article 27 of this Agreement.

21-04           Members who have been employed for one complete year and have worked a minimum of 1, 250 hours over the past year, shall be entitled to a leave of absence without pay for up to 12 consecutive weeks for adoption, foster care placement of a child or parent or if a serious health condition effects the member’s spouse, child or parent in accordance with the Family and Medical Leave Act and the District’s policy. Time spent on childbearing and child rearing leave pursuant to Articles 21-01 and 21-02 of this Agreement will be included in the computation of said twelve week period.

ARTICLE 22

Jury Leave

22-01 A teacher who is called for jury duty will receive jury pay in an amount equal to the difference between his/her base salary and jury service fee. The teacher must furnish evidence satisfactory to the Superintendent that he/she has performed jury duty and must specify the amount of compensation he/she received for jury duty on days for which payment is claimed.

22-02 Jury pay will not be granted if jury service is performed while the teacher is on a previously authorized leave of absence or layoff.

ARTICLE 23

Death in Family

23-01 In the event of a death in the immediate family of a teacher, he/she will be granted leave with pay on the day of the funeral if it is a workday, two (2) additional workdays falling between the day of death and the day of the funeral, and the two (2) days immediately following the funeral if they are workdays. "Immediate family" of a teacher is defined as spouse, children, parent, sibling, or any member of the teacher's household.

23-02 In the event of the death of parent-in-law, grandparents, or any member of the teacher's household, the teacher will be granted leave with pay on the day of the funeral if it is a workday and two (2) additional workdays falling between the day of death and the day of the funeral.

23-03 In the event of the death of aunts, uncles, nieces, or nephews, the teacher will be granted leave with pay on the day of the funeral if the teacher attends the funeral.

ARTICLE 24

Unclassified Absences

24-01 Teacher absence for reasons other than those stated will be penalized by a loss of pay in the ratio established in Article 13.

24-02 School employees must notify the building principal or designee of his/her intention to leave the school during unassigned time between the beginning of classes and the end of school for educational purposes and must have the authorization of the building principal or designee to leave for non-educational purposes.

ARTICLE 25

Protection

25-01 Members will report to the Superintendent within five (5) days and in writing all cases of abusive conduct and/or torts suffered by them in connection with their employment together with the names of witnesses and all people involved. Members will similarly report any instances of damage done by students to automobiles while on school property.

25-02 The Superintendent will forward to the Committee and the Administrator involved a duplicate of the report.

25-03 The Committee agrees to furnish the member any documented information in its possession relating to the incident.

25-04 The Administration will take appropriate disciplinary action against the students responsible for abusive conduct, torts, or damage to automobiles.

25-05        The Committee will provide indemnification for teachers to the extent required by law.

ARTICLE 26

Teacher Rights

26-01 The parties agree that there shall be no reprisals against any teacher by reason of his/her membership or lawful participation in any activities of the Association or its affiliates or his/her institution of any grievance, complaint, or proceeding under this agreement or statue or Federal Law.

26-02        Grade Change

a.     In grading students, teachers shall adhere to written grade policies adopted by the school system. Before establishing or changing grading policies, the Committee shall meet and discuss the proposed changes with the Association.

b.    A parent or a student (if 18 years of age or older) may challenge the grade the teacher has given a student subject to the following procedures and conditions:

1.        The person making the challenge shall state in writing the grade being challenged and the specific reasons for challenging that grade. The written challenge shall be given to the principal and the teacher.

2.        The person making the challenge shall first discuss the matter with the teacher grading the student.

3.        If the challenging party is not satisfied, then the matter shall be referred to the Principal, who shall convene a meeting within fourteen (14) days of the receipt of a written appeal of the grade.

c.     A teacher's grade may be changed if the grade was calculated in error or the grading was inconsistent with written grading policies. The teachers subjective and/or objective judgment in determining a grade shall not be challenged unless it is established that the teacher acted in bad faith or in an arbitrary and capricious manner in establishing the grade. Other than the teacher, only the Principal shall have the power to change a grade and then only if the teacher is in violation of this Article.

d.    The teacher shall have the right to be present at any meeting regarding changing a grade, may be represented by the Association and shall have the right to appeal any grade change to arbitration pursuant to this Agreement.

26-03        Rights on Non-Tenured Personnel

a.     The election of personnel shall take place prior to June 15.

b.    A teacher without professional status shall be notified in writing on or before May 15 whenever such teacher is not to be employed for the following school year. The written statement will include the reasons as to the grounds for the non-renewal.

c.     The Superintendent shall, upon request, allow one personal appearance by an individual to present his case. Such request shall be made in writing to the Superintendent within ten (10) school days from the date of receipt of the notice of the non-renewal. The Superintendent shall hold the hearing within fifteen (15) days of the request.

d.    The Superintendent shall notify the individual in writing of his/her final decision within five (5) days of the date of such appearance.

26-04 Whenever any teacher is required to appear before the School Committee, the Superintendent or his/her designee, or any committee member or agent thereof concerning any matter which could adversely affect the continuation of that teacher in his/her office or position, employment, salary or increments, he/she shall be given prior written notice of the reasons for such meeting or interview and shall be entitled to have an agent or representative of the Association present to advise him/her and represent him/her during such meeting or interview.

26-05 Teachers have the right to examine their personnel files and to make copies of such contents and records as concern their work or themselves.

26-06 No teacher shall be suspended or dismissed without just cause. No teacher shall be reduced in rank or compensation (except through non-renewal) without just cause. This just cause provision shall not apply to the non-renewal of non-tenured teachers.

26-07 The Committee agrees that during the term of this Agreement, if the Program Advisor's position is established, the Program Advisors will not have the authority to discharge, suspend, or issue written reprimands. Statements in an observation and/or evaluation document shall not be considered, for the purposes of the aforementioned restriction, a written reprimand.

ARTICLE 27

Reduction in Force

27-01 Should declining enrollment and/or other budgetary reasons result in the layoff of teachers with professional status, such reduction shall be accomplished consistent with statutory requirements and this Agreement with the following procedures:

Definitions:

Seniority - Length of continuous service in the bargaining unit measured from the first day for which compensation was received. Time spent on unpaid leaves of absence shall not be counted toward seniority, but shall not constitute a break in continuous service. Individuals who have prior teaching experience in the Andover Schools, and move directly into a position in the Administrator's bargaining unit, shall retain their seniority in the teachers' bargaining unit for a period of three (3) years measured from the date of appointment to the administrators' unit. Said individuals shall not continue to accrue seniority for time served outside of the teachers' bargaining unit.

Seniority List - A ranking of teachers, by department, based upon seniority from the senior most to the junior most teacher. The list shall include the date from which seniority is measured and the teacher's area of certification. An updated seniority list will be given to the Association no later than November 1 of each school year. The list will be posted in each school building and any teacher wishing to challenge the accuracy of his/her position on the seniority list, regarding certifications or date of employment, shall have thirty (30) calendar days to file a written appeal to the Association and the Superintendent. If a dispute still remains regarding a teacher's seniority placement after the Association and the Superintendent have met to resolve the issue, the matter shall be submitted to arbitration and heard by arbitrator Roberta Golick, Phillip Dunn, or Sharon Henderson Ellis within thirty (30) days of his/her appointment. If none of the above are available within thirty (30) days, the parties shall mutually select another arbitrator. The arbitrator shall issue a decision no later than ten (10) days after the arbitration hearing.

Department

Secondary - Foreign Languages, Mathematics, English, Science, Social Studies, Applied Technology, Guidance, and Health.

K-12 - Art, Music, Physical Education, Technology, Media Librarians, and Instructional Specialists.

Special Education - Moderate Special Needs, School Social Workers, School Psychologists, Speech Therapists, and E.L.L.

Elementary: K-5 - If a teacher is teaching in more than one (1) department, he/she will be placed in the department where he/she spends the majority of his/her time.

Recall Period - The recall periods shall include the first and second school year, following the school year in which the layoff becomes effective, and the first day of school of the subsequent school year.

27-02        To the extent possible, natural attrition shall be used to reduce the positions.

27-03 If layoffs of teachers with professional status are then needed, no teacher with professional status shall be laid off if there is a teacher without professional teacher status whose position the teacher with professional status is currently certifiable to perform.

27-04 If further layoffs are needed, the layoffs shall be by department, following the seniority list, starting with the least senior teacher. Whenever the Superintendent reasonably believes that a junior employee within a department is the only qualified employee within said department, then said junior employee shall be retained and the next junior most employee shall be laid off. Any disputes surrounding the interpretation of this section, must be submitted to the Committee no later than fourteen (14) calendar days following receipt of the layoff notification. The parties shall schedule an arbitration hearing no later than the third week in June, before one of the arbitrators designated in Section 27-01 to hear any disputes surrounding this section. The arbitrator shall issue his/her decision with ten (10) calendar days of the completion of the hearing.

27-05 If one (1) or more bargaining unit members have the same seniority date as defined in 27-01 Definitions, the following procedures shall be used to break the tie:

a.     Each affected member shall have the total time spent on unpaid leaves of absence added to his/her seniority.

b.    If one (1) or more members remain tied after the application of Section 27-05a, members with the least amount of part-time service shall be senior.

c.     If the first two methods referred to above in Section (a) and (b) do not break the tie, the position on the seniority list shall be determined by a one-time lottery.

27-06 Teachers laid off pursuant to this Article shall be placed on a recall list and treated as a teacher on unpaid leave of absence for the duration of the recall period.

27-07 A professional teacher status teacher shall receive written notice of layoff no later than the May 15th preceding the layoff. Should a layoff occur during a school year, the teacher will be notified at least sixty (60) school days in advance of the layoff.

27-08 During the recall period stated above, a unit member will be eligible to remain in the group health and life insurance programs, of the Town of Andover, to the extent permitted by law, provided that the laid off employee pays the full premium amount.

27-09 Unit members on layoff shall be recalled in the reverse order of layoff to fill those vacancies which they are qualified to teach. A member who declines the recalled vacancy shall be moved to the bottom of the recall list. A certified letter sent to the last address on file at the Superintendent's Office shall constitute recall notice.   Failure to reply in writing within thirty (30) days shall result in placement at the bottom of the recall list.

27-10 Unit members on layoff shall be contacted for any permanent substitute assignment. There will be no penalty should the member refuse less than a full school year's substitute position. Should a member accept a permanent substitute position, such member will be placed on the salary schedule at Bachelor's Step 1 of the Agreement. A member who continues in said position beyond twenty (20) consecutive days will be placed on the appropriate track and step according to his/her status prior to layoff and receive the salary to commensurate with such placement. The salary will be retroactive to the first day for which compensation was received as a substitute teacher. In addition to the appropriate salary placement after twenty (20 consecutive days of teaching, the member will also begin to accrue seniority retroactive to the first day for which compensation was received as a substitute teacher.

A person refusing a permanent substitute position for an entire school year shall be deemed to have refused a recall opportunity.

27-11 The Committee agrees to grant upon request two (2) unpaid one-year leaves of absence for the purpose of enabling two (2) bargaining unit members to retrain for a different career. The teacher shall return to next higher step on the salary schedule which he/she held prior to the commencement of such leave.

27-12 The provisions of this Article shall not apply to the termination of an employee for any reason other than the reasons specified in Section 27.01 hereof.

27-13 The Committee agrees that in the event it establishes the Program Advisor positions, there will be no reduction in force of professional teacher status teachers as a result thereof during the 1997-1998 school year.

ARTICLE 28

Teacher Evaluation

28-01 All monitoring or observation of the work of a teacher shall be conducted openly and with full knowledge of the teacher. The use of eavesdropping, closed-circuit television, public address of audio systems, and similar surveillance devices shall be strictly prohibited. Closed circuit television, tape recorder or video tape machines may be used for evaluative purposes if the teacher and the evaluator mutually agree.

28-02 Teachers shall be made aware of all sources of evaluation or observation concerning their teaching. If the teacher disagrees with the evaluation and/or the evaluator's judgment, he/she may submit a written answer which shall be attached to the file copy of the evaluation in question.

28-03        No evaluative observation shall unduly interfere with the normal teacher-learning process.

28-04 No teacher shall receive adverse comments orally from any supervisor in the presence of pupils.

28-05        Purpose

The evaluation process is instituted to assess the effectiveness of education in the Andover schools. The process will be a continuous, constructive, and cooperative one stressing the need for interaction and communication between the administration and the teachers. The goal of evaluation is to ensure that students are provided with the best instruction. Toward this end, evaluation should provide reinforcement to teachers, an acknowledgment of teachers' strengths, and assistance in helping teachers to improve in those areas specifically identified and substantiated as areas in which improvement is desired. Evaluations will also provide the written record of facts and assessments of teacher performance.

28-06        Definitions

Teacher - any member of the bargaining unit.

Teacher with professional teacher status - any member of the bargaining unit after three (3) consecutive years of service or who has been otherwise awarded professional teacher status.

Evaluator - Superintendent, Assistant Superintendent, Principal, Assistant Principal, Directors, Coordinators, Program Advisors, and Program Heads, Assistant Director of Pupil Personnel.

Evaluation Period - School year.

Observation Period - September 15 - May 15.

Observation - A site visit by an evaluator specifically for the purpose of gathering data to be used in preparing an Observation Report. An observation shall be a minimum of thirty (30) minutes and a maximum of ninety (90) minutes.

Observation Report - A written assessment provided to the teacher within ten (10) workdays of each observation. The observation report will be given at a post-observation conference between the teacher and the evaluator. Said conference to be scheduled at a mutually convenient time. Observation reports, themselves, are not to be placed in the teacher's personnel file. However, observation reports can be retained in a separate file and can be referenced for recurring problems.

Written Documentation Relative to Standards of Performance - Teacher performance issues which arise outside of an observation. Written documentation to be based upon observed conduct and/or investigation. Written documentation not to be prepared until after meeting with the teacher to review his/her response to the issue(s). Written documentation not to be placed in the personnel file but may be retained in a separate file and can be referenced for recurring problems. Teacher may respond in writing to written documentation in which case said response shall be retained with the written documentation.

Evaluation - The written document placed in the teacher's personnel file based upon written observation reports and other written documentation relative to the Principles of Effective Teaching which has been received by the teacher from a supervisor during the period covered by the evaluation.

Third Party Evaluator - a non-bargaining unit member who may or may not be an employee of the Andover school system. The evaluator shall be mutually agreeable to the Superintendent and the teacher. If no agreement, the Superintendent shall submit three (3) names and the teacher shall choose.

28-07 Process and Procedures

28-07-01   Teachers shall be evaluated in the areas of their qualification and certification.

28-07-02 Teachers without professional teacher status shall be evaluated each year. The evaluation is to be based upon a minimum of three (3) observations and other written documentation relative to the Principles of Effective Teaching which has been received by the teacher from a supervisor during the period covered by the evaluation.

In general, no two observations shall occur within fifteen (15) consecutive workdays except when immediate follow-up is essential to clarify, observe, or follow-up on a class previously observed. No subsequent observation can be conducted until the teacher has received a written observation report of the previous observation.

No later than April 1, the teacher without professional teacher status shall receive the written copy of his/her evaluation. No negative statements or deficient areas may appear in the evaluation that are not specifically documented in an observation report and/or other written documentation relative to the Principles of Effective Teaching which has been received by the teacher from a supervisor during the period covered by the evaluation. All areas of needed improvement shall include the specific reasons that led the evaluator to reach the conclusion.

Should the teacher and the evaluator have a serious disagreement regarding the evaluation, and should the teacher so choose, the Superintendent will have an additional evaluation conducted by a third party. Only the final evaluation will be placed in the teacher's personnel file.

Evaluations of teachers without professional teacher status are grievable regarding the validity of the facts stated and whether procedures have been followed. Should the arbitrator deem that the evaluation article has been violated, the award may provide for an additional evaluation year.

28-07-03 The evaluation of teachers with professional teacher status shall be done in two (2) tiers. All teachers with professional teacher status shall be initially placed in Tier 1.

Tier 1

All teachers with professional teacher status shall be evaluated once every two (2) years. The minimum number of observations shall be one (1) and the maximum number of observations shall be three (3). Each observation shall be followed by an observation report.

In general, no two observations shall occur within fifteen (15) consecutive workdays except when immediate follow-up is essential to clarify, observe, or follow-up on a class previously observed. No subsequent observation can be conducted until the teacher has received a written observation report of the previous observation. One follow-up observation shall not count as part of the three (3) maximum number of observations.

No later than April 15, the teacher being evaluated shall receive a written copy of his/her evaluation. No negative statements or deficient areas may appear in the evaluation that are not specifically documented in an observation report or other written documentation relative to the Principles of Effective Teaching which has been received by the teacher from a supervisor during the period covered by the evaluation. All areas of needed improvement shall include the specific reasons that led the evaluator to reach the conclusion.

Should the teacher and the evaluator have a serious disagreement regarding the Tier placement evaluation, and should the teacher so choose, the Superintendent will have an additional evaluation conducted by a third party. The Superintendent will give three (3) names. The third party evaluator may be called in after April 15. Only the final evaluation will be placed in the teacher's personnel file.

Should an observation or other written documentation relative to the Principles of Effective Teaching indicate that a teacher with professional teacher status performance has the potential to place that teacher in Tier 2, a follow-up observation will be made before such a recommendation is made (even it this means a fourth observation is to be done). If the evaluator recommends Tier 2 placement, it must be based on observations, other written documentation relative to the Principles of Effective Teaching, and evaluations, and the teacher is to be notified with a statement of the specific reasons for the placement as part of the evaluation report.

Tier 2

Should a teacher's performance need considerable improvement, the teacher will be placed in Tier 2 for the following year. When the teacher is to be placed in Tier 2, the President of the Association will be notified.

A teacher placed in this level shall be observed a minimum of three (3) times in the work year. The administrator or supervisor will draft an improvement plan designed to address those areas in which improvement is needed. The improvement plan will include timelines, procedures to be followed, results to be achieved, how the evaluator will assist, if necessary, in accomplishing the goal of the plan, and a method of evaluation. For example, the plan could include the resources to be used by the member, specific teaching techniques to be employed by the teacher, courses to be taken, peer assistance and the observation of other classes or other school systems. The teacher will review the plan and may suggest changes or modifications. The plan will be mutually agreed to by the teacher and the evaluator.   In the event agreement on the plan cannot be reached, the Superintendent or his/her designee will make the final decision.    Should the improvement plan call for course work, the school system will pay the cost of registration, tuition and books.

At the mid-point of the evaluation year, the teacher and the evaluator will review the progress being made on an improvement plan. At that time, mutually agreed upon modifications to the plan may be made. In the event agreement on modifications cannot be reached, the Superintendent or his/her designee will make the final decision.

At the end of the improvement plan time period, the evaluator and the teacher shall meet and discuss the plan; what worked, what did not and why. The teacher will then be placed back in Tier 1 for evaluation, continue in Tier 2, or have other actions taken. No teacher with professional teacher status shall be terminated for poor performance without being afforded the opportunity to participate in Tier 2.

28-07-04 All evaluations of teachers with professional teacher status resulting in adverse actions are subject to the just cause provisions as defined in Article 26-06. Tier 1 evaluations are subject to arbitrable review regarding the validity of the facts, the procedures followed and whether the final conclusion for Tier 2 placement is warranted. Tier 1 evaluations which do not recommend Tier 2 placement that are procedurally correct stating the facts correctly, are not subject to arbitrable review or conclusion. The opinions of the evaluator are not subject to arbitrable review.

Tier 2 evaluations are reviewable regarding the validity of the facts in the observations, other written documentation relative to the Principles of Effective Teaching received by the teachers during the evaluation period, the procedures followed by the evaluator, the adequacy of the improvement plan, the effort of the evaluator when required in assisting the member in accomplishing the improvement plan and the final recommendation.

Observation reports, themselves, are not grievable but are grievable as part of the final evaluation. Observation reports are timely grieved as part of the final evaluation. Other written documentation relative to the Principles of Effective Teaching are timely grieved when they occur provided the requirements of Article 4 are met.

28-08 No material originating after employment shall be placed in a teacher's personnel file unless the teacher has had an opportunity to review the material. The teacher may submit a written notation regarding any material and the same shall be attached to the file copy of the material in question. If a teacher is asked to sign material placed in his/her file, such signature shall be understood to indicate his/her awareness of the material but in no instance shall said be interpreted to mean agreement with the content of the material.

28-09 In case of a complaint against a teacher made by any parent, student, or other person, no action shall be taken because of such complaint until the teacher first has the opportunity to present his/her case or viewpoint.

28-10 The Association recognizes the authority and responsibility of the administration for disciplining or reprimanding a teacher. Such action will be done privately, except as hereinafter provided. When a teacher is to be disciplined or reprimanded by any member of the administration for an incident of a nature sufficient to warrant a conference, the teacher, upon request, shall be entitled to have an Association representative present.

In the event that the substance or fact of the discipline or reprimand is to be placed in the teacher's file, it shall not be placed in the teacher's file until the teacher has had an opportunity to review the material and to attach to the material any pertinent comments he/she desires to make.

28-11 Upon completion of its study, the evaluation study committee shall issue a written report to the School Committee and the Association. The parties will then meet to review the report and submit the outcomes to the Association and the School Committee for ratification as an addendum to the Agreement.

28-12 No later than September 1, 2001, the Superintendent and an Association designee shall meet to develop language establishing a third tier to the evaluation procedure. The new tier will create a three tier process and will provide an option to the current Tier 2. This option would allow a unit member to work with the administration in improving areas where significant improvement and assistance is needed, without the potential threat of removal during the plan of improvement period. This new language will be an addendum to this Agreement.

ARTICLE 29

Vacancies

29-01 All vacancies will be posted at a designated place in each school and a copy of said posting will be sent to the President of the Association at the same time. All professional vacancies will be posted within the school system before or as soon as they are posted outside the school system. The posting will be dated and the position will not be filled until ten (10) days after said date. The posting will include the requirements and/or job description.

29-02 If a vacancy occurs between the end of the school year and July 31, notice of such vacancy will be sent to the President of the Association (or to his/her designee). The posting will not be filled until ten (10) days after the mailing of the notice.

29-03 If a vacancy occurs between July 31 and August 30, notice of such vacancy will be sent by certified mail to the President of the Association (or to his/her designee) as soon as the Superintendent receives notice of said occurrence. Any position exclusive of that of classroom teacher will not be filled until ten (10) days after receipt of the notice.

29-04 Positions which are eliminated shall not be considered vacancies. If elimination of a position is contemplated and before final action is taken:

a.   The Association will be so notified.  Wherever possible, this notification will be at least 30 days prior to the final action of the Andover School District.

b. The person(s) occupying the position will be granted a personal appearance by the Superintendent and/or the Committee before final action is taken.

29-05        Members of the staff who apply for positions will:

a.     Receive notification of receipt of their application.

b.    Be granted an interview by the Superintendent (or his/her designee).

c.     Receive a written statement as to who filled the vacancy, as soon as possible after the position is filled.

ARTICLE 30

Program Liaison, Curriculum Advisors, Team Leaders

30-01        The stipend for the special education liaison shall be $2,591.

Each special education liaison will receive a base stipend of $50 per assigned teacher and the differential for specialists contained in Article 8-03. Actual numbers of persons will be counted to determine the number of teachers in a department and not their full-time equivalent.

Should a special education liaison qualify for more than one differential, he/she will be paid the larger differential.

30-02        Each speeded program head may teach three (3) class periods per day or their equivalent.

30-03

The salary schedule for Team Leader and Curriculum Advisor positions is as follows:

MS Team Leader (Core)

$1,639

MS Team Ldr. (Int. Arts)

$820

MS Curriculum Advisor

$1,639

Elem. Team Leader & Speech & Language Team Leaders System-wide

•Team Less than 5

$874

•Team 5 or More

$1202

•Specialist Team

$438

•When team members equal 9 or more, two teams will be created.

These positions shall be rotated annually among qualified applicants.

30-04        The salary for Andover High School Project Leader/Choice not Chance is $1,697.00.

This position shall be rotated every two (2) years among qualified applicants.

30-05 The parties agree that for the purpose of this Article that qualified means meeting the requirements stated in the job description and is not limited to meeting the certification requirements.

ARTICLE 31

Assistants

31-01 The primary role of the assistant is to facilitate the work of the classroom teacher. At no time will an assistant take over the function of and/or in any way replace the classroom teacher.

a.     The assistant may assist students on an individual basis with seat-work activity under the direct supervision of the classroom teacher.

b.    The assistant may be asked to tutor a student or a portion of the regularly scheduled class under the direction of the teacher according to a specific lesson designed by the supervising teacher in order to reinforce material already presented by the classroom teacher.

c.     The assistant may be asked to score objective assignments or tests. The assistant may tally the results but will not evaluate the results.

d.    The assistant may be asked to prepare media aids in connection with a particular lesson or project under the direct request and supervision of the supervising teacher.

e.     An assistant will not be scheduled for and/or have responsibility for a class of students or portion thereof except as otherwise provided herein.

f.     The assistant may be utilized to supervise a study hall or cafeteria, monitor the corridors, or undertake playground or bus duty.

g.    The assistant will not substitute for a teacher while the teacher is out of the classroom other than to act in a supervisory capacity.

ARTICLE 32

Pay Schedule

32-01         The first paycheck each school year shall coincide with the regular bi-weekly schedule for the Andover Public Schools. In those years where the pay period falls in the second work week, teachers will receive twenty-six (26) equal paychecks on alternate Thursdays. In those years where the period falls on the Thursday of the first week worked, teachers will receive 3/184 of their annual salary on that Thursday. There will be no deductions taken from this first check except taxes and retirement. The remaining salary shall be paid in twenty-six (26) equal paychecks on alternate Thursdays.

32-02 A teacher who notifies the Superintendent in writing by the June 30th preceding the September of implementation shall receive his/her salary in twenty-one (21) payments in similar fashion to those receiving twenty-six (26) payments.

A teacher will continue to be paid in this pay schedule until such time as they notify the Superintendent in writing by the June 30th preceding the September he/she wishes the change.

32-03 Teachers shall be given the option of receiving the balance of their annual salary in a lump sum, payable on the last scheduled work day in June and after necessary duties have been completed.

32-04 The Andover teachers shall be eligible to have deductions made from their salaries and deposited in the Andover Federal Credit Union.

ARTICLE 33

Education of Dependent Children

33-01 Upon the recommendation of the Superintendent and the approval of the School Committee, a teacher in the Andover Public School System who is not a resident of Andover, will have the option of having his or her child(ren) attend the Andover Public Schools without charge for tuition.

33-02 A teacher may make an application for his or her child(ren) to attend the Andover Public Schools grades kindergarten through 12th grade. Applications must be submitted to the Superintendent no later than May 15.

33-03 If the number of new applications exceeds the number of available vacancies at any level, students will be selected by a lottery administered jointly by the Association and the Committee to ensure the choice of students on a non-discriminatory and random basis.

33-04 Attendance at the Andover Public Schools shall be contingent on budget and available student vacancies within the Andover Public Schools as determined by the Superintendent of Schools whose decision shall be final and not subject to any venue, including but not limited to the grievance and arbitration procedure. If the child of an employee is admitted, the employee is responsible for so notifying the School Committee of the community in which the child resides.

33-05 A waiver of tuition is an employee privilege, thus, a child may not continue to attend the Andover Public Schools if the teacher is no longer employed for any reason. In the event the employment relationship ends during the school year for any reason, the child shall be allowed to remain until the end of that semester.

33-06        Teachers should be aware of potential tax consequences of accepting this benefit.

ARTICLE 34

Longevity Pay

34-01        Longevity: Bargaining unit members shall be eligible for longevity payments as follows: Unit members at 16 years of service in Andover as of 9/1/01

Starting the 16th year in Andover

1%

Starting the 21st year in Andover

2%

Starting the 26th year in Andover

3%

Unit members at 12-14 years of service in Andover as of 9/1/01

Starting the 16th year in Andover      1% Starting the 21st year in Andover               2%

Unit members with less than 12 years of service in Andover as of 9/1/01

Starting the 16   year in Andover

$ 300

Starting the 25th year in Andover

$1000

The percent will be of that unit member's base salary from the Teachers' Salary Schedule in Appendix A. The amount will be received as a lump sum payment the first pay period in December. A unit member who resigns before the year is completed is entitled to a pro rata portion of the longevity. If a unit member resigns after the December payment is made, that unit member's pay shall be adjusted to reflect a pro rata share of longevity.

A unit member who is in Tier 2 for evaluation shall not be eligible to receive longevity increments for the time that the member is in Tier 2.

ARTICLE 35

403b Benefit

35-01 The Committee agrees to make employee authorized deductions into a 403b commencing in the 2001-2002 academic year. The Committee will forward deductions to a 403b plan administrator designated by the Association. Employee contributions shall be equal amounts using payroll deduction. The Committee will match the first $150.

A unit member is eligible to receive the employer’s matching contribution upon completion of one year’s service in Andover.

ARTICLE 36

Time and Learning - General Concepts

36-01 The Committee/Administration shall have the right to implement a high school schedule consistent with the following (hereinafter some called "extended block schedule"), anything contained in this Agreement to the contrary notwithstanding:

1.    Extended Teaching Blocks

a.        Teaching blocks shall not exceed 90 minutes in length. It is expected that the length of the blocks shall be approximately 90, 60, or 45 minutes.

b.        The maximum number of 90 minute blocks that a teacher may be required to teach, in any one day, shall be three.

c.    The maximum number of minutes that a teacher may be required to teach in one day shall be 270.

2.    Duty Time

The combination of required teaching time and duty time shall not exceed, in any one day, 270 minutes.

3.    Planning Time

High school teachers teaching the extended block schedule will, in addition to their lunch period, have preparation time averaging, on a yearly basis, approximately 90 minutes per day.

4.   The Parties agree that the Committee has satisfied its bargaining obligations with respect to implementation of a so called “3 by 3” teaching schedule effective with the start of the 2012-2013 work year.

5. High School Schedule Committee: The Parties agree to establish a high school scheduling committee with representatives from the Association, representatives from the Administration of the Andover Public Schools, and parent representatives from the school council of the high school. The Parties agree to engage a neutral facilitator to assist the scheduling committee, and the scheduling committee shall convene in February of 2013. Implementation of any new agreed upon schedule shall be at the beginning of a school year provided that such an agreement was reached on or before December 1st of the school year prior to implementation.

36-02 The Administration shall have the right to revert to the type of schedule in effect during the 1996-1997 school year or prior school years. In such case, the provisions of this article shall be of no further force and effect.

36-03 Effective the school year 2005-2006, the Committee/Administration shall have the right to replace up to 8 teaching positions in the following manner (The exercise of this right shall not result in the displacement of an existing bargaining unit member excluding the non-renewal of teachers without professional teacher status):

1.    Up to 40 extended teaching blocks may be assigned under the following conditions:

(1)      Bargaining unit members will be paid $4,000 per extended teaching block per semester. The teaching block will be in lieu of the teacher’s planning time referred to in subsection 3.

(2)      The additional teaching blocks will be posted in accordance with Article 29.

(3)      The principal will select from qualified applicants to fill available extended teaching block positions. First year teachers and teachers with less than three years’ teaching experience will not be eligible for the extended teaching block program.

(4)      If the principal determines that there are no qualified bargaining unit volunteers to fill the available extended block periods, the principal may hire qualified retirees to teach the extended blocks at the rate of $4,000 per block. Preference will be given to teachers who have retired from the Andover Public Schools.

ARTICLE 37

Summer School

37-01 The principals of the Andover Schools will undertake the responsibility of expanding the Summer School planning in cooperation with the Principal of the Summer School. The operation and administration of the Summer School remain the responsibility of the principals, subject to the approval of the School Committee and the Superintendent. Such planning will be in the area of enrichment, remedial, and experimental curriculum activities.

37-02 In staffing the summer school, the members of the Andover professional staff shall be hired when Andover applicants are of equal or superior ability.

37-03        Grievance under this Article may be initiated at Level 3 of the Grievance Resolution.

37-04        For salary ranges of Summer School personnel, see Appendix C.

ARTICLE 38

Nurses

38-01           The following provisions of the contract shall apply to School Nurses:

Article 1                 Scope

Article 2                 Conditions of Employment

Article 3                 Dues, Deductions and Agency Service Fee and VOTE

Article 4                 Grievance Procedure

Article 5                 Reopening

Article 7                 Teacher Year, Day, Load (Sections 7-01, 7-02, 7-03 (a) (b) (c) (d) (e), 7-04.

Nurses will entitled to a thirty (30) minute lunch period to be taken at a time mutually agreed to by the nurse and the building principal.

Article 9                 Interschool and Professional Leave Travel (Sections 9-01 9-03, and 9-04)

Section 9-02 “Except in an emergency situation, no person required to travel shall utilize her lunch time for such travel.”

Article 10         Resignations

Article 11             Assignments and Transfers (Sections 11-01, 11-02, 11-04, 11-05) Section 11-03 will include subsections “a” and “b” (as amended in second sentence“Notice of intent to transfer shall be given by June 15, unless a later notice is necessary because of unanticipated changes in enrollment or resignations.”), “c” and “d”.

Article 13            Deviations from Salary Schedule

Article 14            General

Article 15            Sick Leave

Article 17            Health Insurance

Article 18            Professional Leave

Article 19            Personal Leave (19-01, 19-02, 19-03 revise as follows: “Availability of this leave shall be limited to one nurse on any one day”. (19-04, 19-05)

Article 21            Childbearing and Child Rearing Leave

Article 22            Jury Leave

Article 23            Death in Family

Article 24            Unclassified Absences

Article 25            Protection   25-06 Liability Insurance: The Town of Andover will maintain primary professional liability insurance for all registered nurses employed in its schools. This coverage will be in force during the school day and during attendance of the registered nurse at all school-related functions.

Article 26            Teacher Rights (26-01, 26-03, 26-04, 26-05, 26-06)

Article 27            Reduction in Force: Nurses shall be recognized as included in “Department.”

Article 29            Vacancies

Article 32            Pay Schedule ( See 38-02)

Article 34            Longevity Pay (Except for grandfathered employee, S Taitz.)

Article 35            403b Benefit (Except for grandfathered employee, S Taitz.)

Article 39            Effect of Agreement

Article 40            Savings Clause

Appendix A:        Nurses will be placed on the closest step on the bachelor’s scale that will result in a salary increase. The placement on the scale is attached hereto and incorporated by reference.

Appendix B:        Nurses may be employed as coaches and in intramural and afterschool activities on the same terms as other members of the bargaining unit provided that all such work occurs outside of the nurse’s work day.

38-02     Effective the September 1st after ratification, each nurse who has a Master’s degree in nursing shall move from the Bachelor’s track to the Master’s track and shall be placed at the step on the Master’s track with a salary that is closest to but not less than the salary amount such nurse would receive in the Bachelor’s track. Nurses shall be limited to the Bachelor’s track and the Master’s track; the remaining tracks (Bachelor’s +30, Master’s +30, Master’s +60, Master’s +75 and Doctorate) shall not be applicable to nurses. To advance to the Master’s track, a nurse must provide the Superintendent with written notice of such anticipated advancement on or before December 1st of the school year prior to the September in which the nurse seeks to advance.

38-03                  Nurses’ Course Reimbursement

a. Whenever the term “Principal” appears, it is recognized to apply to the building principal or Director of Nursing Services.

b. The Committee shall make available each year the sum of $3000 for course reimbursement for unit members. The money shall be disbursed to cover the full cost of courses on a first come, first serve basis. Should the funds not cover the total cost for all applicants, preference will be given to applicant s that did not receive reimbursement in the previous year.

(1)  Study must be related to school nursing or be part of a specific degree program.

(2)  Written notification of an intention to take a course will be given to the Superintendent by December 1 of the prior year.

(3)  The Superintendent’s approval must be obtained prior to entering any course for which reimbursement is claimed.

(4)  Completion of the course with a minimum grade of “B”.

c. Any unusual cases will be decided by the Committee on the recommendation of the Superintendent.

d. Pending verification of credits earned, the Committee will reimburse Association members in full for all C.E.U.s required for registration renewal by the Massachusetts Board of Registration in Nursing. (The parties agree to the elimination of the current spending caps.)

e. The Town of Andover will reimburse members for Cardio-Pulmonary Resuscitation updating if this service is not provided by the Town.

38-04                  Extended Leaves of Absence for Nurses

a. Sabbatical Leave for approved full-time study or for other approved educational activities may be allowed to a limited number of personnel who have served five (5) years in the Andover School System. Such leave may be granted for one (1) year or one-half (1/2) year at one-half (1/2) pay for the period of absence regardless of any scholarship awards.

(1)  A preliminary request and plan for the use of request and plan for the use of such leave will be presented to the Committee by the preceding November 1st, a final request by the following April 30th .

(2)  A written report concerning the manner in which the leave was used may be required by the Committee upon completion of the sabbatical leave.

(3)  Any personnel granted a sabbatical leave will contract with the Committee that upon termination of such leave, he/she will return to service in the Andover School System for a period equal to twice the length of the leave.

(4)  Upon returning from such leave, said person will be placed on the salary schedule at the level which he/she would have achieved had he/she remained actively employed in the system during the period of his/her absence.

(5)  Upon return from such leave, said person will be returned to the same position which he/she held at the time said leave commenced, if available, or if not, to an equivalent position.

(6)  A second or third such leave will not be authorized until such personnel will reestablish eligibility by serving another period of five (5) years in the Andover School System.

b. Leaves of absence for other justified reasons may be granted at the discretion of the Superintendent.

c. Leaves granted under this Article will not in any way impair the efficiency of the school system.

38-05                  Evaluation of Nurses

a. All bargaining unit members will be formally evaluated annually for the first three (3) years of employment and thereafter every two (2) years.   A school nurse who is employed for four years or more whose performance warrants more frequent evaluation will be evaluated consecutive years. The school nurse will be notified in writing of the reasons for this action by the end of the previous school year. Nothing in this section will preclude an administrator from observing the school nurse in the non-evaluating year.

b. All monitoring or observation of work will be conducted openly and with full knowledge of the employees.

c. Employees will be made aware of all sources of evaluation concerning their work. All evaluations will be reduced to writing (i.e. pen or word processing) and a copy given to the employee within five (5) days of the evaluation. The employee has the right to discuss the evaluative material with his/her supervisor; each observation will be followed by a personal conference between the employee and his/her evaluator for purposes of clarifying the written evaluation report. If the employee disagrees with the evaluation and/or the evaluator’s judgment, he/she may submit a written answer which will be attached to the file copy of the evaluation in question.

d. Employees will be made aware in advance of the evaluation criteria upon which their performance is to be judged. While evaluative criteria may be changed at any time, changes in the evaluative model will be implemented only at the beginning of a school year.

e. No later than June 15th, the school nurse shall receive the written copy of her evaluation.

f. No material originating after original employment will be placed in a school nurse’s personnel file unless the school nurse has had the opportunity to review the material. The school nurse may submit written notification regarding any material and the same will be attached to the file copy of the material in question. If the school nurse is asked to sign material placed in his/her file, such signature will be understood to indicate his/her awareness of the material but in no instance will said signature be interpreted to mean agreement with the content of the material.

g. In case of a complaint against a school nurse made by any parent, student, or other person, no action will be taken because of such complaint until the school nurse first has the opportunity to present his/her case or viewpoint.

38-06                  Continuity of Care

The parties recognize the need and value of continuity of care. Therefore, when a student transfers to an alternate school site within the Town of Andover that does not have a School Nurse permanently assigned to the location, the responsibility for the health and records of that student shall remain with the school nurse appropriate for the child’s grade.   It is understood that all non-emergent care for such student shall be administered at the nurse’s permanent school.

ARTICLE 39

Effect of Agreement

39-01 This instrument constitutes the entire Agreement of the Committee and the Association arrived at as a result of collective bargaining negotiations, except such amendments hereto as shall have been reduced to writing and signed by the parties.

39-02 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity make demands with respect to any subject matter not removed by the law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Committee and the Association for the life of this Agreement, each voluntarily and unqualifiedly waives the rights, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject matter referred to, or covered in this Agreement even though such subjects or matters may not have been within the knowledge of contemplation of either or both parties at the time that they negotiated or signed this Agreement.

39-03 Any waiver or breach of condition of this Agreement by either party shall not constitute a precedent with respect to future enforcement of all the terms and conditions of this Agreement.

39-04 Notwithstanding any provision of 39-02, the Committee, during the term of this Agreement, agrees to fulfill its bargaining obligation over wages, hours, terms, and conditions of employment pursuant to Chapter 150E.

39-05         The Committee will bargain, with the Association, the salary and working conditions of all new bargaining unit positions created by the Committee.

ARTICLE 40

Saving Clause

40-01 If any provision of this Agreement is or shall be at any time contrary to law, then such provision shall not be applicable or enforced except to the extent permitted by law, and any substitute action shall be subject to appropriate negotiations with the Association.

39-02        In the event that any provision of this Agreement is or shall be at any time contrary to law, all other provisions of this Agreement shall continue in effect.

In witness whereof the parties of this Agreement have caused these agents to be executed by their agents hereunto duly authorized, and their seals affixed thereto, as of the date first above written.

APPENDIX A

Teachers' Salary Schedule

Effective September 1, 2011

1.0%

Step

Bachelor’s

Bach +30

Master’s

M+30

M+60

M+75

Doctorate

1

41,159

42,977

45,605

48,589

51,477

53,428

57,654

2

42,338

44,673

47,589

50,426

53,297

55,249

59,633

3

44,041

46,898

49,950

53,297

55,671

57,625

62,292

4

45,736

48,592

51,779

54,620

57,490

59,443

64,326

5

47,460

50,321

53,769

56,613

59,495

61,446

66,566

6

49,156

52,012

55,928

58,785

61,699

63,652

69,038

7

50,851

53,708

58,059

60,925

63,862

65,814

71,454

8

52,044

55,629

60,255

63,148

66,013

67,968

73,862

9

54,710

57,730

62,485

65,387

68,140

70,093

76,241

10

56,719

59,840

64,711

67,548

70,274

72,226

78,610

11

59,304

62,516

67,509

70,157

72,747

74,701

81,380

12

63,072

66,742

71,994

74,699

77,317

79,270

85,067

13

66,841

70,967

76,476

79,237

81,891

83,844

88,755

14

69,314

73,593

79,306

82,170

84,919

86,874

92,039

Effective September 1, 2012

2.0 %

Step

Bachelor’s

Bach +30

Master’s

M+30

M+60

M+75

Doctorate

1

41,982

43,837

46,517

49561

52507

54497

58807

2

43,185

45,566

48,541

51,435

54,363

56,354

60,826

3

44,922

47,836

50,949

54,363

56,784

58,777

63,538

4

46,651

49,564

52,815

55,712

58,640

60,632

65,613

5

48,409

51,327

54,844

57,745

60,685

62,675

67,897

6

50,139

53,052

57,047

59,961

62,933

64,925

70,419

7

51,868

54,782

59,220

62,143

65,139

67,130

72,883

8

53,085

56,742

61,460

64,411

67,333

69,327

75,339

9

55,804

58,885

63,735

66,695

69,503

71,495

77,766

10

57,853

61,037

66,005

68,899

71,679

73,671

80,182

11

60,490

63,766

68,859

71,560

74,202

76,195

83,008

12

64,333

68,077

73,434

76,193

78,863

80,855

86,768

13

68,178

72,386

78,006

80,822

83,529

85,521

90,530

14

70,700

75,065

80,892

83,813

86,617

88,611

93,880

Effective September 1, 2013

2.0%

Step

Bachelor’s

Bach +30

Master’s

M+30

M+60

M+75

Doctorate

1

42,822

44,714

47,447

50522

53,557

55587

59,983

2

44,049

46,477

49,512

52,464

55,450

57,481

62,043

3

45,820

48,793

51,968

55,450

57,920

59,953

64,809

4

47,584

50,555

53,871

56,826

59,813

61,845

66,925

5

49,377

52,354

55,941

58,900

61,899

63,928

69,255

6

51,142

54,113

58,188

61,160

64,192

66,223

71,827

7

52,905

55,878

60,404

63,386

66,442

68,473

74,341

8

54,147

57,877

62,689

65,699

68,680

70,714

76,846

9

56,920

60,063

65,010

68,029

70,893

72,925

79,321

10

59,010

62,258

67,325

70,277

73,113

75,144

81,786

11

61,700

65,041

70,236

72,991

75,686

77,719

84,668

12

65,620

69,439

74,903

77,717

80,440

82,472

88,503

13

69,542

73,834

79,566

82,438

85,200

87,231

92,341

14

72,114

76,566

82,510

85,489

88,349

90,383

95,758

APPENDIX A

Explanation of Tracks

a.     Credit for the Master and Doctor tracks shall be granted only when the teacher has matriculated in a specific program at a specific school and is pursuing this program.

b.    Credit for the Bachelor plus 30 inservice and the Master plus 30 inservice tracks shall be granted generally only for courses given or arranged for by the Andover School Department.

c.     Credit toward the Master plus 60 or Specialist track shall be granted in two ways:

1.    A person matriculated in a Specialist degree program may use those credits.

2.    All others will use credits in the inservice program with the same exceptions as for the Bachelor's plus 30 and Master's plus 30.

d.    Teachers on the present Master's or Master's plus 30 scale remain on that scale and can move to the Master's plus 30 and the Master's plus 60 scale by the following methods.:

1.    Credit will be given for all approved courses taken by August 31, 1970.

2.    Continuation for this track shall be via appropriate inservice courses or permissible exceptions as listed below.

d.  Notwithstanding any provision of this Agreement and Appendix to the contrary, to advance to the next track after September 1, 2012, an employee shall have no fewer than nine (9) graduate school credits of the credits necessary to advance to the next track except that to advance from the Master’s +60 track to the Master’s +75 track, employees shall have no fewer than six (6) graduate school credits.

Notwithstanding any provision of this Agreement and Appendix to the contrary, to advance to the next track on or after September 1, 2013, an employee shall have no fewer than twelve (12) graduate school credits of the credits necessary to advance to the next track, except that to advance from the Master’s +60 track to the Master’s +75 track, employees will have no fewer than six (6) graduate school credits.

Graduate school credits shall be from an accredited college or university and be pre-approved by the Superintendent or his/her designee. No college or university credits used to obtain a Master’s Degree or earned prior to obtaining a Master’s Degree may be counted and applied toward the Master’s +30 track or any subsequent tracks.

Permissible Exceptions

a.     In all cases below, credit will not be given for a course unless that course has been given prior approval by the Superintendent.

b.    For a teacher to obtain credit for a course (other than inservice) which may be needed because of an anticipated change by the teacher or administrator in duties or alteration of course content, approval must be obtained initially from the Program Advisor and the Principal at the secondary level or Principal and Assistant Superintendent at the elementary level and in all cases by the Superintendent.

c.     Courses planned by a regional group may be allowed for inservice credit by the Superintendent.

d.    Courses recommended by immediate superiors for professional improvement may be allowed for inservice credit by the Superintendent following the procedure given in "b" above.

e.     Up to eighteen (18) hours credit in courses taken before August 31, 1970 may be granted by the Superintendent to teachers on the Bachelor's scale at maximum towards the Bachelor's plus 30 scale.

f.     In the progress from one degree to another, credits acquired in a matriculated program can be used to meet the requirement of the inservice tracks.

g.    Credit for any type of program will be limited to twelve (12) per school year from September through June. Credits earned during the summer months will be in addition to the twelve (12) specified provided necessary approvals are obtained as required.

h.   A Staff Development Commission (SDC) will be formed yearly to serve as the screening committee for all functions of the Staff Development Program and Incentive Pool. It will consider requests and make recommendations for credit value. It will evaluate incentive projects and evaluate results of inservice programs and make final judgments for credit value. The SDC shall be comprised of four members chosen by the Association, three administrators appointed by the Superintendent and the Assistant Superintendent. The SDC shall have two co-chairs, one chosen by the Association and one chosen by the Superintendent.

In the event of a tie vote, the decision will be granted in favor of the proposal or the individual. If the vote is a four/four tie and the votes align with the four Association votes on one side and the four School Administration on the other side, the co-chairs shall respectively issue an explanation of the approval and the opposition to approval.

The SDC shall afford the Superintendent an opportunity to review proposed inservice programs and to comment on the programs if the Superintendent so chooses. Such comments shall be made timely to the scheduled SDC meeting to consider proposals. Should the Superintendent make a suggestion for change that is not approved, the chairs will respond to the Superintendent indicating the SDC’s decision with its rationale. Prior to October 1, 2001, the co-chairs shall prepare a revised procedures process for the SDC. The first order of business for the SDC in 2001 shall be to review these revised procedures and adopt or amend them.

The SDC shall keep minutes of all meetings.

Either party may elect to re-open discussions on inservice upon completion of the 2001-2002 academic year. The parties will use the Interest Based Bargaining method to resolve issues, unless another method is mutually agreed to by the Association and the Committee. All tentative agreements reached shall be subject to final ratification by the School Committee and the Association.

APPENDIX B

Intramurals

Goal -                 To provide a flexible intramurals program and to meet the varied needs of the students.

Program -           The intramurals will follow these guidelines:

a.        Intramurals will be primarily a playing or fun situation.

b.        Intramurals will not necessarily be competitive.

c.        Students will make a commitment to attend.

d.        Activities may be conducted off the school grounds.

e.        Activities may be conducted with other schools.

Procedure -         The teacher conducting an intramural will complete a proposal which is approved by the principal and the Director of Physical Education.

Cost -     2011-2014            $20.08 Intramural hourly rate

COACHING SALARY SCHEDULE

 

 

2011-2014

 

No. of Coaches

Contract Rate

LEVEL I

 

 

Football

 

 

Varsity Head Coach

1

8,945

Varsity Assistant Coaches

4

4,969

Freshman Head Coach

1

4,472

Freshman Assistant Coach

1

3,603

LEVEL II

 

 

Basketball

 

 

Varsity Head Coach

2

7,599

Junior Varsity Coaches

2

3,852

Freshman Coaches

2

3,852

Spring Track

 

 

Boys/Girls Varsity Head Coach

1

5,715

Varsity Assistant Coaches

6

3,852

Winter Track

 

 

Head Coach

1

5,715

Assistant Coaches

5

3,852

LEVEL III

 

 

Soccer

 

 

Varsity Head Coach

2

5,343

Junior Varsity Coaches

2

3,603

Freshman Head Coach

2

3,603

Ice Hockey

 

 

Varsity Head Coach

2

5,343

Varsity Assistant Coach

2

3,603

Junior Varsity Coach

2

3,603

Gymnastics

 

 

Head Coach

2

5,343

Assistant Coaches

2

3,603

Baseball/Softball

 

 

Varsity Head Coach

2

5,343

Junior Varsity Coach

2

3,603

Freshman Head Coach

2

3,603

Field Hockey

 

 

Varsity Head Coach

1

5,343

Junior Varsity Coach

1

3,603

Freshman Head Coach

1

3,603

Lacrosse

 

 

Varsity Head Coach

2

5,343

Junior Varsity Coach

2

3,603

Freshman Head Coach

2

3,603

LEVEL IV

 

 

Cross Country

 

 

Head Coach

1

4,472

Assistant Coach

2

3,416

Skiing

 

 

Head Coach

1

4,472

Assistant Coach

1

3,416

Swimming

 

 

Head Coach

2

4,472

Assistant Coach

2

3,416

Tennis

 

 

Head Coach

2

4,472

Volleyball*

 

 

Head Coach

2

4,472

Assistant Coach

2

3,416

Freshman Coach (Girls)

1

3,416

LEVEL V

 

 

Cheerleading

 

 

Head Coach – Fall

1

3,230

Assistant Cheerleading

1

2,230

Head Coach – Winter

1

3,230

 

0

3,764

Hockey Cheerleading Coach *

1

622

Golf

 

 

Head Coach

1

3,230

Other

 

 

Business Manager

 

 

Fall

1

4,101

Winter

1

3,106

Spring

1

3,106

* If an assistant coach is not funded, the Head Coach will be paid at the next higher level (see volleyball and swimming). In addition, if a Cheerleading Coach for Hockey is not appointed, and those duties are assumed by the winter Cheerleading Coach, an additional stipend of $500 will be added to the winter Cheerleading Coach’s position.

Fine Arts positions are under the immediate supervision of the Director of Fine Arts. Extra-curricular positions are under the supervision of the Building Principal. The following criteria will be used to write job descriptions and to establish a benchmark for the amount of the stipend:

Rating Criteria

I.           Length of Activity

The actual contact time spend with students during practices, competitions, performances, or activities. The actual time required beyond the school day and/or school calendar (weekends, nights, holidays, vacations).

II.          Pressure

The degree of public or parent interest or interaction. The degree of safety involved.

III.         Preparation Time and Administrative Requirements

The number of students and assistants involved in the activity; the amount of time required to prepare statistics, coordinate information, review films, and plan activities, practices, competitions, and performances; coordinating with other agencies, handling funds and keeping records.

IV.         Expertise

The experience needed to lead/conduct the activity or program.

Review Committee

A review committee may be convened by the Superintendent at the request of the Association, any holder of a fine arts or extra-curricular position, or an administrator for the purpose of adjusting, adding or deleting positions. A committee will be convened within thirty (30) days. The committee will consist of three (3) members appointed by the A.E.A. President and three (3) members appointed by the Superintendent. The Personnel Director will chair this meeting in order to review the meaning of the criteria, provide the job description and maintain minutes.

After a discussion of each of the criteria, members will rate each of the criteria areas. If an adjustment is necessary, this committee will make such a recommendation to the Superintendent.

V.          Coaching Evaluations

The AEA and the Andover Public Schools agrees to move forward with a formal process for the annual evaluation of coaches and assistant coaches. The Athletic Director assigned to oversee the sport shall meet with the Head Coach to discuss the evaluation no later than 30 days following the official end of the season. Assistant coaches shall receive a written evaluation no later than 45 days following the season’s end. The parties also agree that the evaluation document in use as of 2005 shall be continued until such time as the parties agree to any change.

Extra Curricular Stipends

Fine Arts

String

3,632

 

Music Dir

4,507

 

Asst Mus

3,758

 

Drama HS

3,132

 

Asst Drama HS

2,505

 

Drama WHMS

2,505

 

Drama DMS

2,505

 

Drama WMS

2,505

Band

Director

3,883

 

Drill Design

3,633

 

Asst Band Dir

2,882

 

Percussion

2,882

 

Color Guard

2,882

AHS

Sr Class

3,257

AHS

Jr Class

3,257

AHS

So Class

2,004

AHS

Fr Class

2,004

AHS

NHS

2,004

WHMS

Ex-Curric Prog Coord

5,577

DMS

Ex-Curric Prog Coord

5,577

WMS

Ex-Curric Prog Coord

5,577

AHS

 

 

 

Yearbook

3,883

 

Business Editor

2,505

 

TV

2,505

 

Outing Club

3,006

 

Student Govt

2,255

 

Newspaper

2,255

 

DECA

2,444

 

Debate

2,004

 

Science

1,879

 

Math

1,879

 

Literary Mag

1,879

 

Mock Trial

1,879

 

Art

1,629

 

Chess

1,254

 

Community Service

3,132

 

Environmental Club

3,132

 

Amigos Unidos

2,174

 

Dance

1,208

 

Senior Exhibition

1,000

 

After School Music Program Director

1,600

DMS

Outing Club

3,006

 

Student Govt

2,066

 

Newspaper

2,066

 

Yearbook

2,066

 

Math Team

2,066

 

Asst Drama

2,066

 

Kids on Block

2,505

WHMS

Outing Club

3,006

 

Student Govt

2,066

 

Newspaper

2,066

 

Yearbook

2,066

 

Math Team

2,066

 

Asst Drama

2,066

WMS

Outing Club

3,006

 

Student Govt

2,066

 

Newspaper

2,066

 

Yearbook

2,066

 

Math Team

2,066

 

Asst Drama

2,066

Grant Funded/AHS

 

 

 

SADD Advisor

2,255

 

Project Teamwork

1,254

 

AP Coordinator

$3000

 

PSAT/NMSQT

$2000

 

Coordinator

 

APPENDIX C

PROFESSIONAL STIPENDS / DIFFERENTIALS*

Summer Work/Curriculum Work

$30 per hour

 

Staff Development Instructor

$1,770 per course

 

Staff Development Guest Instructor

$57 per hour

 

Staff Development Commission:

Member    $500

 

 

Chair        $600

 

National Board Certification

$1,000 per year

 

Outdoor Education

$150 per day

$50 per classroom

Home Tutors

B-1 hourly rate

 

Learning Specialists (8-02) **

$3,879

Only if hired before 2001-2002

SPED – Self-contained Classroom (8-02)

$1,086

 

Education Team Facilitator (8-03)

$2,793

 

ELL Liaison

$2, 793

 

School Adjustment Counselor (8-04) **

$2,793

 

Special Education Program Liaison

$2,591 and $50 per assigned teacher

 

 

 

 

Team Leaders/Curriculum Advisors

 

 

Andover High School

 

 

Math Team Leader

$1000

Stipend discontinued

Foreign Language Team Leader

$3,000

Stipend discontinued

Fine Arts Team Leader

$3,000

 

English Team Leader

$5,000

Stipend discontinued June 2008

Social Studies Team Leader

$5, 000

Stipend discontinued June 2008

College Admissions Process

$1,679

2 positions

Middle School (30-03)

 

 

Middle School Team Leader

$1,639

 

Middle School Team Leader (Integrated Arts)

$820

 

Middle School Curriculum Advisor

$1,639

 

Elementary School

 

 

Elementary Team Leader and Speech Language Team Leader System-Wide

 

 

 

$874

Team of less than five (5) or more teachers

 

$1,202

Team of five (5) or more teachers

 

$438

Specialist Team

*     Professional work with no students involvement; work with students is paid based on per diem.

**   Those employed for the 2001-2002 School Year and after are not eligible for this stipend/differential.

APPENDIX D

Principles of Effective Teaching

PRINCIPLES

EXAMPLES OF DESCRIPTORS

I.        CURRENCY IN THE CURRICULUM

 

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

1.    Demonstrates a working knowledge of the core curriculum of the teacher's assignment.

 

2.    Frames curriculum around essential questions in the discipline that provide opportunities for reasoning, logic, analysis and synthesis when planning units, lessons, and assessments.

 

3.    Keeps current in the field and applies knowledge to the instructional program.

 

4.    Contributes to the ongoing evaluation of   the curriculum

II.      EFFECTIVE PLANNING OF CURRICULUM AND INSTRUCTION

1.    Utilizes research-based teaching techniques and strategies designed to address individual student learning styles.

A.      The teacher plans instruction effectively.

2.    Has a personal vision of committed, confident learners and uses that vision to guide learning goals, expectations, and standards for student work.

 

3.    Sets short-term and year-long goals for curricular units which derive from unifying themes of fundamental importance to students' present or future lives.

 

4.    Identifies individual and group needs and plans appropriate strategies, including those that involve the use of up-to-date technologies, to meet those needs.

 

5.    Demonstrates the use of materials and resources, including technologies, that are appropriately matched to curricular goals and to students' needs and learning styles.

 

6.         Frames curriculum around students' own prior knowledge and experience and identifies prerequisite skills, concepts, and vocabulary that are important for students to know in order to be successful at a task.

 

7.         Collaborates with school-based specialists, resource personnel, including technology specialists, and administrators to better design curricula or instructional modifications to meet the special learning needs of students and support all students to learn and apply a challenging core curriculum.

 

8.         Plans ways to engage students in each unit of study through instructional opportunities where students interact with ideas, materials, teachers and one another.

 

9.         Designs curriculum experiences in which students take increasing responsibility for their own learning.

 

10.       Integrates the teaching of reading, listening, writing, speaking viewing and the use of appropriate learning tools (e.g., calculators, computers, etc.) within the discipline.

III. EFFECTIVE ASSESSMENT OF

11.       Applies a knowledge of child/adolescent growth and development and uses this knowledge in working with students.

CURRICULUM AND INSTRUCTION

1.         Determines challenging standards for student learning based upon the student performance standards of the school system.

A.     The teacher effectively plans assessment of student learning.

2.         Develops and uses authentic assessment which describes a student’s learning process as well as his/her learning achievements.

 

3.         Incorporates time for individual and interactive reflection including response journals, debriefings and group discussions.

 

6.    Demonstrates that the classroom procedures established maintain a high level of student's time-on-task and that there are smooth transitions from one activity to another.

B.       The teacher demonstrates and maintains appropriate standards of behavior, mutual respect and safety according to school policy.

1.    Demonstrates and maintains a systematic approach to discipline by establishing and administering a consistent and fair set of rules supported by appropriate expectations.

 

2.    Demonstrates that one can effectively manage routines.

 

3.    Demonstrates that one can maintain appropriate professional boundaries with students.

V.      EFFECTIVE INSTRUCTION

1.    Demonstrates effective ability to make connections between concepts taught and student's prior knowledge and experiences.

A.      The teacher makes learning goals clear to students.

2.    Demonstrates that one regularly checks for students' understanding of content and progress on skills.

 

3.    Effectively identifies confusions and misconceptions as indicated by student responses and regular assessment strategies. Also demonstrates that remediation, reteaching or extension of teaching time is used to meet individual and/or group need.

 

4.    Routinely demonstrates clear and precise oral and written communication skills.

 

5.    Effectively demonstrates an understanding of the relevance of the subject to life long learning.

B.       The teacher uses appropriate and effective instructional techniques.

1.    Uses a variety of teaching strategies, such as cooperative, peer and project-based learning; audio-visual presentations, lecture, discussions and inquiry, practice and application.

 

2.    Provides options for students to demonstrate competency and mastery of new material, such as written work, plays, art work, oratory, visual presentations, exhibitions, and portfolios not to the exclusion of regularly scheduled testing and assessment vehicles.

 

3.    Uses a variety of appropriate materials in order to reinforce and extend skills, accommodate learning styles, and match instructional objectives.

 

4.    Designs learning activities that cause students to synthesize and evaluate key concepts and integrate them with prior knowledge.

C.       The teacher uses appropriate questioning techniques.

1.    Uses a variety of questioning techniques, including those which encourage and guide critical, creative and problem solving skills.

 

2.    Presents information recognizing multiple points of view; encourages students to assess the accuracy of information presented.

D.      The teacher regularly tries to improve and expand his/her instructional practices to increase student confidence and learning.

1.    Continually evaluates and refines instructional strategies, including the effective use of technologies.

VI.     PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

 

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

1.    Effectively communicates objectives or learning outcomes to students.

 

2.    Provides effective and adequate feedback to students about their progress toward goals and objectives through quizzes, tests, papers, projects, and conferences.

 

3.    Regularly communicates standards, expectations and guidelines regarding quality and quantity of students' work, work habits, and interpersonal behavior to students and parents through newsletters, quizzes, tests, papers, projects, and conferences.

 

4.    Responds to students' answers and work so as to keep students thinking, and willing to take risks and to persevere with challenging tasks.

 

5.    Demonstrates the skills, attitudes, processes, and values central to the discipline being taught.

B.       The teacher promotes confidence and perseverance in the student to stimulate increased personal student responsibility for achieving the goals of curriculum.

1.    Acts on the belief that all students can learn and that virtually all can master a challenging core curriculum with appropriate modification of instruction.

 

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

 

3.    Identifies students who are not meeting expectations and develops a plan that designates the teacher's and the student's responsibilities regarding learning, such as extra help.

 

4.    Effectively demonstrates attitudes of fairness, courtesy and respect.

 

5.    Builds positive relationships with students and parents to enhance students' abilities to learn effectively.

 

6. Responds appropriately if/when an individual student is having academic, social, and/or emotional difficulties which may interfere with learning and/or participation in class.

VII. PROMOTION OF DIVERSITY AND APPRECIATION OF EQUITY

1.    Consistently provides equal opportunities to all students in the full range of academic programs.

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

2.    Effectively addresses needs of all students by applying and adopting constitutional and statutory laws, state regulations, Board of Education and School Committee policies and guidelines.

 

1.    Models sensitivity to differences in abilities, learning styles, and social and cultural backgrounds.

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

2.    Develops and implements educational and organizational strategies that are effective in meeting the needs of a multi-lingual, multi-cultural and economically diverse student body.

VIII. FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

 

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

1.    Keeps parents informed of student's progress and works with them to aid in the total development of the student.

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

2.    Maintains professional boundaries with parents.

 

1.    Maintains professional boundaries with colleagues.

 

2.    Works constructively with others to identify school/program problems and suggest possible solutions.

 

3.    Works collaboratively with other staff in planning and implementing interdisciplinary curriculum, instruction and other in-school programs and shares expertise and new ideas with colleagues.

 

4.    Cooperates with other teachers about students' overall work load.

C.       The teacher is a reflective and continuous learner.

1.    Reflects and acts on what students need to know and be able to do to foster the learning of students.

 

2.    Effectively demonstrates the ability to use available resources to analyze, expand, and/or refine professional knowledge and skills; resources might include professional organizations, academic/staff development course work, colleagues, administrative and community resources, colleges and universities.

 

3.    Is receptive to suggestions for growth and improvement.

In witness whereof the parties of this Agreement have caused these agents to be executed by their agents hereunto duly authorized, and their seals affixed thereto, as of the date first above written.

For the Committee                                              For the Association

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