Dracut

AGREEMENT

BETWEEN

The

SCHOOL COMMITTEE OF

DRACUT MASSACHUSETTS

AND

The

DRACUT

TEACHERS ASSOCIATION

UNIT A

JULY 1, 2008

TO

JUNE 30, 2011

Extended by MOU to 2014 (appended to end of agreement)

 

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, this Agreement is made to be effective on July 1, 2008, by the School Committee of Dracut, Massachusetts (hereinafter referred to as the Committee) and the Dracut Teachers Association (hereinafter referred to as the Association). This Agreement will supersede any agreement previously agreed between the two parties.

Preamble

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

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

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

3.       The teaching staff of the public schools of Dracut has the responsibility for providing, in the classrooms of the schools, education of the highest possible quality, and recommending to the above two parties, ways and improvements thereto.

4.       Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information among the Committee, the Association, and the Superintendent in the formulation and application of policies relating to wages, hours, and other conditions of employment for the teaching staff. The parties recognize and agree that the provisions of this Agreement are intended to be given their full force and effect and they must be construed in accordance with the Education Reform Act of 1993.

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

ARTICLE I Recognition

1.01           For the purpose of collective bargaining with respect to wages, hours and other conditions of employment, the negotiation of collective bargaining agreements, and resolving any questions arising there under, the Committee recognizes the Association as the exclusive bargaining agent and representative of Unit A, consisting of all professional employees, except: Superintendent, nurses, directors, full-time principals, full-time vice principals, K-12 coordinators and per diem substitutes.

Unless otherwise indicated, employees included in the above-defined Unit A hereinafter will be referred to as "teachers."

1.02           Subject to the provisions of the Agreement, the Committee and the Superintendent reserve and retain full rights, authority and discretion, in the proper discharge of their duties and responsibilities, to control, supervise and manage the Dracut Public Schools and its professional staff under governing laws, ordinances, rules and regulations-Municipal, State and Federal.

ARTICLE II

Compensation and Other

Conditions of Employment

2.1                      Subject to the provisions of this Agreement and except as otherwise provided by Appendices A, B, & C, attached hereto and made a part hereof, the wages, hours, and other conditions of employment applicable on the effective date of this Agreement to the employees covered by this Agreement shall continue to be so applicable.

2.2                      The Dracut School Committee acting through its Superintendent reserves the right to place a newly hired teacher on any particular step of the salary schedule as such placement is deemed to be in the best interest of the Dracut Public Schools. Such placement shall be based upon the teaching experience level of the newly hired teacher as determined by the Superintendent.

Following acceptance of the initial salary for instructional service in the Dracut Public School, the teacher will subsequently proceed on the salary schedule in accordance with its general provisions, including 2.03 below.

2.3                      Annual step-level increases on the Teachers' Salary Schedule become effective on September 1 of the school year. The annual step-level increases are predicated on the basis of satisfactory instructional service and may be withheld from any teacher by vote of the Committee, acting on the recommendation of the Superintendent.

2.4                      The salary of a regular teacher who leaves the service of the Dracut Public Schools before the termination of the school calendar year, or who begins his/her instructional service in the Dracut Public Schools after the regular school year has begun, will be paid on the basis of 1/182^nd of the teacher's scheduled salary multiplied by the number of days already taught or scheduled to be taught, as the case may be.

In the event of termination of service for any cause at the end of or at any time during the school year, amounts of salary earned but withheld to date of termination shall be payable to the teacher, or in the event of death, to his/her executor or administrator.

2.05.1       The annual salary for each teacher will be paid in twenty-one (21) equal installments with the first twenty (20) checks paid on alternate Fridays beginning with the second Friday of the school year with the twenty-first (21^st) check to be paid on the last teacher workday of the school year in June. The final checks of any teacher who has deducted days resulting after the preparation of the final school year payroll will be forwarded to him/her forthwith after submission of the amended payroll to the Town Hall. Submission of said amended payroll shall be no later than June 30^th.

2.05.2       A teacher who notifies the Superintendent in writing by the June 30th preceding the September of implementation shall receive his/her salary in twenty-six (26) equal installments on alternate Fridays beginning with the second Friday of the school year.

2.05.3       A teacher will continue to be paid consistent with the pay schedule options outlined in 2.05.1 or 2.05.2 respectively, until such time as he/she notifies the Superintendent in writing by the June 30th preceding the September he/she wishes the change.

The Dracut School Committee agrees to process the regularly scheduled bi-weekly paychecks for Association members on the Friday prior to a school vacation period whether or not that Friday represented one of the regularly scheduled bi-weekly payment dates.

2.6                Deductions for any loss of time that does not come under the provisions of authorization of sick leave or temporary leave of absence will be taken from the pay checks due in the last payroll of June, unless the scheduled deductions exceed the amount due to the teacher in which instances the deductions will be made on a bi-weekly basis whenever applicable. Notification of such deductions shall be given to the teacher with the check in which the deduction is made.

2.7                Any teacher who is assigned to more than one school in any one school day shall receive the mileage rate per mile in accordance with the applicable rules and regulations of the Internal Revenue Service, effective July 1, 1995, for all inter-school driving by presenting to the Superintendent an appropriately completed standard report form on which mileage is itemized. In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of inter-school travel. Such teachers will be notified of any changes in their schedules as soon as practicable.

2.8                Any teacher who completes satisfactorily at least ninety (90) school days of instructional service in any given school year (September 1 through June 30) shall be eligible for consideration of an incremental step increase as though employed for the school year.

2.9                The terms and financial conditions of this Agreement encompassing the period July 1, 2008 to June 30, 2011 shall only apply to those Unit A members in service and on active status as of the date of the execution of this Agreement (including subsequent new hires), with the exception (s) of Article XXI Retirement Redemption Plan, paragraph 21.01 and 21.02 and or Article XXIII: Reduction in Force.

ARTICLE III Deductions

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

3.2                      Payroll deductions for Federal Income Tax, Commonwealth of Massachusetts Tax, and Teachers' Retirement are made from each installment. Payments for Teachers Association dues, Blue Cross and Blue Shield, or other Health Maintenance Plan, Credit Union, other group insurance or special insurances available through Association membership, tax sheltered annuities, U.S. savings Bonds and donations to recognized charities may be deducted provided that authorization for designated deductions is signed by the teachers employed in the system at the beginning of the school year and filed in the office of the Superintendent by October 15. Teachers employed subsequent to the beginning of the school year will be afforded opportunity to make authorized deductions. ASHLA dues shall be paid by the school system for all regularly employed audiologists and speech pathologists.

ARTICLE IV

Grievance Procedure

4.1                      Purpose - The purpose of the procedures set forth hereinafter is to produce prompt and equitable solutions to those problems which from time to time may arise and affect the conditions of employment of the employees covered by this Agreement. The Committee and the Association desire that such procedure shall always be as informal and confidential as may be appropriate for the grievance involved at the procedural level and nothing in this Agreement shall prevent any employee from presenting his own grievance.

4.2                      Definition - "Grievance" is hereby defined to mean a complaint, in writing, by a teacher or group of teachers that is based upon an alleged violation of or an alleged variation from the provisions of this Agreement, or interpretation, meaning, or application thereof. The written statement of the grievance shall state the complaint, why the complaint exists, and remedy sought. A copy of said grievance shall be filed with the Association forthwith.

4.3                      Procedure - The parties agree that said written grievance shall be submitted originally to the lowest appropriate level capable of resolving said grievance by virtue of the authority vested in the individual(s) designated by the procedure as handling the grievance at that level.

4.03.1             Level One - The aggrieved employee and a representative of the Association shall discuss the grievance with his/her principal or immediate supervisor in an effort to resolve the matter.

4.03.2             Level Two - If at the end of five (5) school days after the discussion at Level One, the grievance shall not have been resolved to the employee's satisfaction, the grievance may within five (5) school days be presented to the Superintendent, or his/her designee, who shall meet with the aggrieved employee and the representative of the Association in an effort to settle the grievance.

4.03.3             Level Three - If at the end of five (5) school days next following the submission of the grievance to the Superintendent the grievance shall not have been resolved to the employee's satisfaction, the grievance may within five (5) school days be presented to the Committee in an effort to settle the grievance.

4.03.4             Level Four - If at the end of fifteen (15) school days next following submission of the grievance to the Committee the grievance shall not have been resolved to the satisfaction of the Association, and if the grievance shall involve the interpretation or application of any provision of this Agreement, the Association may within ten (10) school days submit the grievance for arbitration with the American Arbitration Association in accordance with its Voluntary Labor Rules unless the parties have mutually agreed to submit the grievance to some other neutral arbitrator. The arbitrator's award shall be final and binding on the Committee, the Association, and the aggrieved employee.

The expense of such arbitration shall be shared equally by the Committee and the Association.

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

4.05            Miscellaneous

4.05.1              The parties agree that the resolution of each grievance submitted under the above procedure shall be consistent with the terms of this Agreement.

4.05.2              The Association, if it so desires, may be heard at any level of this procedure.

4.05.3              For any complaint that is informally settled without it becoming a grievance, the parties agree that the resolution thereof shall be consistent with the terms of this Agreement. However, such informal settlement(s) shall neither bind the parties to the settlement nor be regarded as precedent(s) in any subsequent proceeding(s).

4.05.4              If at the end of the twenty (20) school days next following the occurrence of any grievance, or the date that the employee knew or should have known of its occurrence, the grievance shall not have been presented at Level Two 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 therefore by the said procedure.

4.05.5              No written communication, other document, or record relating to any grievance for any employee involved in presenting such grievance shall be filed in his/her personnel file.

4.05.6              The time limitations of the Grievance Procedure shall be suspended from the last day of the school year to the first day of the following school year.

ARTICLE V

Association Members

Protection, Citizenship Rights,

Use of Facilities and Activities

5.1                     The Committee recognizes that membership in the Dracut Teachers Association and participation and leadership in the Association activities are the legal rights of any teacher.

5.2                     Teachers will be entitled to full rights of citizenship, and no religious or political activities of any teacher or lack thereof will be grounds for discipline or discrimination with respect to the professional employment of such teacher.

5.3                     Decisions affecting the teacher's employment, including but not limited to appointments and assignments, shall be made without regard to race, creed, color, religion, nationality, sex, age, or marital status.

5.4                     The Committee authorizes the Superintendent at his/her discretion to grant to the Association the right to use school building facilities, without costs, at reasonable times for Association activities.

5.5                     The Association will be allocated fifteen (15) work days per school year with pay (non-cumulative) to be utilized by officially designated personnel of the Association attending local, state, or national conferences or other official Association business, effective July 1, 1995.

ARTICLE VI

Evaluation

6.1                     The prime purpose of evaluation is to improve the supervision and instruction of all professional personnel. Therefore, all observations and evaluations of teachers and/or those holding positions covered by this Agreement will be conducted in a professional manner.

6.2                     Teachers without professional status will be evaluated in writing each school year (pursuant to Appendix E, attached) commencing September, 1998.

6.02.01       Teachers with professional status will be evaluated in writing at least ever other school year, (pursuant to Appendix E, attached) commencing September, 1998.

6.03           All personnel filling positions covered by Appendices B and C to this Agreement shall be evaluated in writing at least once annually.

6.03.1             A teacher with professional status who receives an unsatisfactory evaluation may request an alternate evaluator to conduct his or her evaluation during the next following school year as assigned by the Superintendent.

6.03.2             Any teacher may be visited or observed at any time by the Superintendent and/or appropriate Director, Principal, Vice Principal, Assistant Principal, Coordinator or Department chairs.

6.4                     No teacher will be reduced in rank or compensation or be deprived of any professional advantage without being given the reasons for such actions nor without being given the opportunity of discussing it with the Superintendent. This discussion will take place before any action is taken by the Committee.

6.5                     Each teacher has the right, upon request, to review and make copies of the contents of his/her individual personnel file, said file to be maintained in the Superintendent's office. A teacher may, if he/she wishes, have a representative of the Association accompany him/her during such review. The Superintendent or his/her designee is also entitled to be present during such review.

6.6                     No material derogatory to a teacher's conduct, service, character, or personality will be placed in his/her individual personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The teacher will also have the right to submit a written answer to such material and his/her answer shall be reviewed by the Superintendent and attached to the file copy.

6.06.1             Any complaint against a teacher will be called to the attention of that teacher prior to any administrative action taken against the teacher. Administrative action means disciplinary action only.

6.06.2             The Association and the Committee agree that, while a Unit A member may contribute to the evaluation of another Unit A member, the formal evaluation will be reviewed and signed by the Principal.

ARTICLE VII Work Year

7.1                      The work year of teachers (other than first year personnel who may be required to attend additional orientation sessions) will begin no earlier than September 1^st provided notice shall be given by April 15^th of the previous school year and terminate no later than June 30^th. The work year will be no longer than one hundred eighty-five (185) days and will include days when pupils are in attendance, orientation days at the beginning of the school year, and any other days on which teacher attendance is required.

7.2                      Where circumstances require teacher attendance in excess of one hundred eight-two (182) days, teachers will be paid additional compensation on the basis of l/182^nd of the teacher's scheduled salary multiplied by the number of extra days worked. All such days worked in excess of 182 days shall be part of a teacher's normal duties.

7.03.1             A Guidance Counselor's work year shall be extended up to five (5) work days immediately following the School Year or preceding the subsequent School Year with sufficient notice, credit for seniority and compensation at the per diem rate, as defined in paragraph 7.02 above, effective July 1, 1995.

7.03.2             Along with the current practice of conducting a parent/teacher conference evening, the Dracut Teachers' Association agrees to conduct an additional two (2) hour parent teacher night on a day Selected by the Superintendent shortly after the school year begins.

ARTICLE VIII Work Day

8.1                     The five (5) day work week for the classroom teacher shall not exceed 7.5 hours per day and 34 hours per week.

8.2                     Within the delineation of hours worked (Section 8.01) the following shall apply:

a)       Each teacher shall offer at least one-half hour of late help/detention per week with the day to be chosen by the teacher with notification to the building principal. Late help will not be scheduled on the same day that Faculty and/or Administrative Task Meetings are scheduled as referenced below.

b)       The building principal may schedule one faculty meeting per month not to exceed one hour in length.

c)       At the elementary level, the building principal may schedule one administrative task meeting per month not to exceed one hour in length. Administrative tasks shall include any combination of planning, curriculum, or portfolio assessment.

d)       At the secondary level, one Department meeting may be scheduled per month not to exceed one hour in length on a day to be determined by the principal. A tentative schedule for Department meetings will be distributed at the beginning of the school year by the Department Head.

8.03            Notice of cancellation of Administrative Task, Faculty, or Department meetings shall be given at least forty-eight hours in advance. In the case of faculty meetings, the principal, when possible, will distribute an agenda prior to the meeting.

8.4                      At the secondary level (7-12), there shall be a maximum of seven (7) periods per day with an average of fifty (50) minutes per period, thirty-five periods per week. The Master Schedule may double a given period on a given day, not to exceed ninety (90) minutes, with said double period equaling two (2) instructional periods for purposes of computing said average. A teacher may not be assigned more than twenty-five (25) instructional periods per week.

8.5                      Within said work day, each teacher shall have a duty free lunch period at least equal in length to that of the students.

8.6                      All teachers P-12 shall have an average of forty (40) minutes of preparation time per day within the existing student schedule. Said preparation time shall be scheduled at a minimum of twenty consecutive minutes at any given time. For pre-school and kindergarten teachers, the time between the morning and afternoon sessions shall qualify as preparation time under this provision.

8.7                      Supervisory duties for all teachers, pre-school-12, shall be assigned on a basis of demonstrated need as determined by the building principal. Such assignments shall be made as equitably and reasonably as possible, as would be consistent with any constraints of teachers' availability derivative from the structure of the Master Schedule, and as would involve a consideration by the principal of the variation in the character of the particular obligation associated with the different types of supervisory duties.

8.8                      At the secondary level (7-12), teachers shall have up to six (6) supervisory and/or instructional learning assignments per week. In lieu of supervision, all secondary special education teachers will have up to five (5) additional instructional periods per week. All secondary teachers will have at least one supervisory assignment, excluding Department chairpersons.

8.9                      Supervisory and/or instructional learning assignments shall be assigned on an equitable basis.

8.10                  If there is a necessity for more than five (5) supervisory and/or instructional learning assignments per teacher, additional supervisory assignments shall be made on the basis of seniority, with the least senior teacher assigned first.

8.11                  The allocation of supervisory assignments within the context of this section shall be applicable to, "traveling teachers" sharing instructional assignments between the Junior High School and the Senior High School.

ARTICLE IX

Professional In-Service

and/or

Orientation Programs

9.1                     Teachers will participate in professional In-Service Training and/or Orientation Programs that are prescribed by the Committee, the Superintendent, or other authorized administrative officials of the Dracut Public Schools. Attendance at workshops outside the normal teacher work day shall be voluntary unless release time or compensation is provided.

9.2                     All programs will be scheduled and defined in advance of implementation with appropriate notification including an agenda of all activities.

9.03            The Committee recognizes the need to provide the individual teachers with adequate opportunity to develop curriculum or learning improvement programs or materials. In recognition of this need, therefore it is agreed that upon submission to the Superintendent of a plan deemed meritorious by him/her that individual teachers may be released for the purpose of research, grant writing, or the development of improved curriculum materials. Any elementary teacher whose plan is approved by the Superintendent may be released for comparable periods of time.

ARTICLE X

Non-Teaching Duties

10.1                 Where auxiliary personnel are not available, assignment of teachers for non-teaching duties shall be on a reasonable basis as determined by the Superintendent.

10.2                 Although teachers may be required to collect and transmit money to be used for educational purposes, they will not be held responsible for the loss of any money collected where such loss is not the fault of the individual teacher.

10.3                 Volunteers may be solicited for non-salaried positions of advisors and chaperones.

10.4                 Teachers are relieved from the responsibility of maintaining attendance registers.

ARTICLE XI

Sick Leave

11.01.1         Every year each teacher shall be credited with fifteen (15) days of sick leave with full pay, effective as of the teacher's first workday of the school year, except as provided in 11.01.2.

11.01.2         Each teacher in the first year of employment in the Dracut School System shall accumulate sick leave on a prorated basis of one and a half sick leave days per school month.

11.2                 Unused sick leave shall accumulate without limit.

11.3                 Each teacher shall be notified of his/her sick leave accumulation on the second payday of the school year.

11.4                 All absences due to sick leave are to be accounted for by the teacher only by completing and signing the "sick leave card" and submitting same to the Superintendent via his/her building Principal.

11.5                 It shall be the Superintendent's prerogative to request that a physician's written statement, affirming the fact that medical reasons necessitated the teacher's absence, be submitted to the Superintendent whenever sick leave prevails for the following reasons:

a.    Whenever sick leave prevails for five (5) consecutive school days or over.

b.    Whenever the Superintendent evaluates such actions as being in the best interest of the Dracut Public Schools, irrespective of the length of time involved.

11.6                  A teacher may borrow up to fifteen (15) sick leave days from his/her allocation for the next academic year. If said teacher terminates, for any reason, prior to earning the used allocation of sick leave days borrowed, then, he/she is liable to the Dracut Public Schools for those days borrowed but not earned on the per diem basis in effect at the time he/she borrowed the days.

11.7                  Extended sick leave shall be granted to any teacher with serious illness or accident who has exhausted his/her own sick leave and who provides medical evidence substantiating the teacher's incapacity to perform his/her teaching duties. The term "serious illness," as referenced herein when used in conjunction with a medical condition related to a disability request resultant from pre-delivery, delivery, or post-delivery complications shall mean a medically documented condition which requires the individual to be from her place of employment and which is life threatening in nature or which, in the opinion of the attending physician, would result in serious and related harm to the mother and/or in utero child if active employment were to continue. Said sick leave shall be for up to the number of days the teacher had accumulated as of the first day of the extended absence, and is qualified by the following:

a.    "Extended Absence" shall be established after a teacher has been absent at least twenty (20) successive school days for the same illness or accident.

b.    A physician's written statement attesting to the medical facts resulting in the extended absence must accompany each request for said leave. The Committee reserves the right to have a teacher absent because of extended illness or accident examined by a physician of its choice to determine the medical facts resulting in the extended absence.

c.    If a disagreement between the teacher's doctor and the School Committee's doctor arises, a neutral third doctor's examination will be conducted. The cost of this third examination will be shared equally by the teacher and the Committee. The decision of the third doctor will be final.

11.8                  Each teacher shall be able to use up to five (5) sick leave days each year for family illness at the discretion of the Superintendent.

11.9                  In the event of a teacher's death, the teacher's estate shall be compensated at the teacher's per diem rate for each of his/her unused sick leave days in accordance with the considerations of Article XXI, Section 21.01 and 21.02.

ARTICLE XII

Temporary Leaves of Absence With Pay

12.1                 Teachers are entitled to the following temporary leaves of absence with full pay each school year:

12.2                 Personal Leave - Each teacher shall be entitled to one (1) personal day per year to be utilized for personal business or legal obligations, which could not effectively be conducted outside of school hours. It is acknowledged that personal leave should not be used to extend traditional school vacation periods, unless personal business or legal obligations require the teacher to utilize said leave at that time. Notification for such leave must be made to the Superintendent not less than forty-eight (48) hours before such absence occurs, except in emergencies. Said unused personal leave day shall be added to accumulated sick-leave days.

12.3                 Professional Leave - Day(s) for the purpose of visiting other schools or attending meetings or conferences of an educational nature, may be allowed upon recommendations of the teacher's principal and approval by the Superintendent. Total grant of such days in any school year shall be limited to the Committee's budgetary allowance as provided for this purpose. Such requests shall be made at least seventy-two (72) hours in advance.

12.4                 Obligation Leave - Effective July 1, 2001, each teacher shall be entitled to one (1) obligation day per year to be utilized for personal business or legal obligations which could not effectively be conducted outside of school hours. Written notification for such leave must be made to the Superintendent not less than forty-eight (48) hours before such absence occurs, except in emergencies. Said unused obligation leave day shall be added to accumulated sick leave days.

12.5                 Legal Proceedings - Time necessary for appearance in any legal proceeding connected with the teacher's employment with the school system will be allowed if the teacher is legally required to attend. Time necessary for appearance in any other legal proceeding will be allowed if the teacher is subpoenaed to attend. In the event a teacher is called for jury duty, such teacher shall be paid the difference between his/her regular pay and the jury stipend.

12.6                 Funeral Leave - Up to three (3) consecutive days at any one time may be taken if the absence is caused by the death of a teacher's spouse, child, parent, brother, sister, grandparent, grandchild, parent-in-law, or person living in the immediate household. One (1) day shall be allowed for the death of a teacher's daughter-in-law, son-in-law, brother-in-law, sister-in-law, uncle, aunt, spouse's grandparents, spouse's aunt, or spouse's uncle, niece, or nephew, for the purpose of attending the funeral, effective July 1, 1995.

These provisions shall be administered in the light of their purpose, which is to provide opportunity, when needed, to enable an employee to attend the funeral or to attend to family or personal matters arising as a result of the death. Additional days for circumstances (including, but not limited to, travel to an out-of state location) may be granted at the discretion of the Superintendent.

12.7                 Adoption Leave - A full-time teacher may be granted, at no loss of pay, up to five (5) days for adoptive leave, with prior approval of the Superintendent.

12.8                 Other Leaves Under This Article - Temporary leaves of absence with pay for reasons other than those listed above may be granted for good reason by the Superintendent.

ARTICLE XIII

Extended Leaves

Of Absence Without Pay

13.1                  Association Leave - The Committee agrees that one (1) teacher with professional status designated by the Association will, upon request, be granted a leave of absence for up to one (1) school year without pay for the purposes of engaging in Association activities, local, state, or national. Upon return from such leave, said teacher, 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 allowed absence.

13.2                  Exchange Teacher or Peace Corps - A leave of absence without pay of up to one (1) school year will be granted to any teacher with professional status who serves as an exchange teacher or joins the Peace Corps and is a full-time participant in either of such programs. Upon return from such leave, said teacher 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 allowed absence.

13.3                  Family Sickness - A leave of absence without pay or increment of up to one (1) school year may be granted for the purpose of caring for a sick member of the teacher's immediate family.

13.4                  Public Service - The Committee may grant a leave of absence of up to one (1) school year without pay or increment to any teacher with professional status to campaign for, or serve in, a public office.

13.5                  Health Reasons - The Committee will grant a leave of absence of up to one (1) school year without pay or increment to any teacher on the basis of medical fact, with the specific provision that a teacher may be required to submit a signed affidavit from a physician relative to the pertinence of the Leave of Absence request.

13.6                  Military Leave - Military leave of up to three (3) school years may be granted any teacher who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, said teacher will be placed on the salary schedule had he/she remained actively employed in the system during the period of allowed absence.

13.7                  Extended child rearing leave shall be granted to any parent without pay (except as provided in 13.07.3 below). Credit toward professional status or increment shall otherwise be subject to the same terms and conditions applicable to other extended leaves without pay. In the event a teacher desires a leave longer than the eight (8) week maternity leave provided by the statute, the below listed procedure shall be followed:

13.07.1         Under normal conditions, the Superintendent shall be notified in writing at least six (6) weeks prior to the expected days of the beginning of said leave. Continuation of employment during said period shall be based upon the ability to perform the assigned duties satisfactorily.

13.07.2         Said extended childrearing leave should begin at a time corresponding to the beginning of a new semester (or other appropriate time, such as after a vacation period or marking period) provided that, up to this time, the teacher can, in the opinion of her physician and the Superintendent of Schools, perform her normal duties.

13.07.3         A teacher on childrearing leave pursuant to this section may utilize during such leave, any accumulated sick leave to which she is entitled for any disability resulting from pregnancy. The Superintendent reserves the right to have a teacher utilizing sick leave days while on such extended childrearing leave examined by a physician of his/her choice to determine the existence of disability.

13.07.4         Said extended childrearing leave shall extend, at the discretion of the teacher, either to the September 1^st following the birth of the child or to the next September 1^st.

13.07.5         A teacher returning from extended childrearing leave will be assigned to the teacher's previous position whenever possible, or to as comparable a position as is then available.

13.07.6         In the event that the infant does not live, the teacher may make written application, accompanied by her physician's statement of good health, for immediate or early resumption of employment. When an appropriate position is available, said teacher shall have the first option for said position.

13.08.1         Other Leaves of Absence - Other leaves of absence may be granted by the Committee.

13.08.2         The Committee, at its discretion, may curtail or terminate any leave of absence in order to enable the teacher to return to duty at a time which would best serve the educational interests of the school system.

13.08.3         All benefits to which a teacher was entitled at the time his/her leave of absence commenced, including unused accumulated sick leave, will be restored to him/her upon his/her return.

13.08.4         All requests for extensions or renewals of leaves will be applied for in writing to the Superintendent.

13.08.5         In all cases of leaves of absence without pay authorized by this Article, employee participation in medical and life insurance programs in which the employee was enrolled just prior to any such leave may be continued by the employee while on such leave if permitted by the terms of applicable town policy, rules and regulations.

Nothing in the above paragraph will be applicable or valid if the Town of Dracut discontinues the present medical and life insurance program. The above paragraph shall neither entitle any member of the bargaining unit to any medical and insurance benefits not applicable to other employees of the Town of Dracut nor deprive any member of the bargaining unit of any medical and insurance benefits applicable to other employees of the Town of Dracut.

13.08.6      If a teacher on any leave provided by this Article served more than one-half of a school year during any school year in which said leave occurred, said service will count as a full year toward advancement on the salary schedule.

ARTICLE XIV Maternity Leave

14.1                 Upon receipt of at least two weeks written notice of her anticipated date of departure and intention of return, the School Committee shall grant a leave of absence without pay for maternity for up to eight (8) weeks in accordance with the provisions of Massachusetts General Laws Chapter 149, Section 105D.

14.2                 This leave may be extended by mutual agreement between the teacher and the Superintendent in order that a teacher who has been on short-term maternity leave status may return at an appropriate time in consideration of the students' program(s), (such as the beginning of a semester, beginning of a marking term, or after a vacation period), or when absence due to medical complications resulting from the pregnancy extends beyond the eight (8) weeks in 14.01 above. The parties agree that this provision shall not be utilized to convert short-term maternity leave into an extended leave of absence.

14.03          A teacher on maternity leave granted pursuant to and subject to the terms and conditions of Chapter 149, Section 105D may utilize during such leave any accumulated sick leave to which she is entitled for any disability resulting from pregnancy. The Superintendent reserves the right to have a teacher utilizing such leave days while on such maternity leave examined by a physician of his/her choice to determine the existence of disability.

14.04.1          A teacher returning from maternity leave will be assigned to her previous position whenever possible or to as comparable a position as is then available.

14.04.2          The teacher on maternity leave may elect to maintain insurance programs according to the extent permitted by 13.08.5.

14.04.3          All benefits to which a teacher was entitled at the time her leave of absence commenced, including unused accumulated sick leave, will be restored to her upon her return.

ARTICLE XV

Sabbatical Leave

15.1                  The Committee shall honor the terms and conditions of Massachusetts General Laws, Chapter 71, Section 41 A.

15.2                  Applications for sabbatical leave shall be submitted to the Superintendent in writing, and on such forms as may be required by the Superintendent, no later than January 15 of the school year previous to the school year for which the leave is being requested.

15.3                  Nothing in this sabbatical leave policy is to be interpreted as guaranteeing a sabbatical leave of absence to any member, or group of members, of the professional staff, and the Committee reserves the right to limit the number of such leaves to be granted in any given school year.

15.4                  The Committee shall effect a decision on all applications for sabbatical leave no later than May 15.

ARTICLE XVI

Teacher Assignment

16.1                 Teachers will be notified in writing of their tentative programs for the coming school year, including the schools to which they will be assigned, the grades, levels, and subjects that they will teach, and any special or unusual classes that they will have, as soon as practicable and under normal circumstances no later than the last day of school.

16.2                 In order to assure that pupils are taught by teachers working within their areas of competence, teachers will not be assigned outside the scope of their teaching certificates and/or their major or minor fields of study, except in cases of emergency as determined by the Superintendent.

16.3                 The building principals will be expected to cooperate with the President of the Association in the giving of information relative to teacher schedules with the understanding that such schedules shall be submitted to the President of the Association no later than October 15.

ARTICLE XVII

Teaching Transfers and Vacancies

17.01.1   In all matters of voluntary and involuntary transfers, the wishes of individual teachers will receive the fullest consideration but the instructional requirements of the school system and its pupils will be the controlling factor as decided by the Superintendent.

17.01.2   Transfers normally shall become effective at the beginning of the next school year.

17.01.3   Whenever the need for transfers or reassignments of teachers from one school to another or within a school arises because of a vacancy, new building construction, expansion, reduction or for some other justifiable cause, the Superintendent shall provide written notices to the President that a need therein exists. The Principal/Superintendent shall be the final determinant in regard to any transfers, assignments, reassignments, or grade level changes within a school or from one school to another of teachers whether due to a vacancy, new building construction, expansion, or reduction.

17.01.4   As a result of said notice, the Superintendent shall first consider requests for voluntary transfer.

17.02     Voluntary transfers

17.02.1   The Superintendent shall cause to be posted any classroom and/or teaching specialist vacancy as any position arises. This does not interfere with the Superintendent's right to fill the position immediately from within or outside the system.

17.02.2   No later than April 1 of any school year, a teacher desiring a transfer effective the next school year will submit to the Superintendent a transfer form stating the assignment preferred and reasons therefore. However, teachers interested in any positions made vacant by a resignation or retirement or other action which arises after April 1 shall have the right to submit a transfer request to those positions on the appropriate form. The forms will be available in the Superintendent's Office. Requests must be renewed each year.

17.02.3   Teachers requesting a transfer during the current school year may request same in writing to the Superintendent stating the assignment preferred and reason(s) for the transfer, but action by the Superintendent on such requests shall be governed by the considerations of 17.01.1.

17.02.4   All requests for voluntary transfers will be acknowledged in writing

17.03     Involuntary transfers

17.03.1   When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teacher performance, and length of service in the Dracut Public Schools will be considered in determining which teacher is to be transferred.

17.03.2   Any involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent, at which time the teacher will be notified of the transfer. The teacher, at his/her option, may have an Association representative present at such meeting.

17.03.3   When a decision has been reached on an involuntary transfer, the teacher involved shall be informed in writing of his/her tentative program in accordance with 16.01.

17.03.4   Within the context of the transferred teacher's abilities, any teacher involuntarily transferred will be transferred to the most comparable and appropriate available position.

ARTICLE XVIII

Vacancies in Extra-Compensatory Positions

18.1            All positions covered by this Agreement as designated in appendices "B" and "C" shall be deemed "Vacant" as of the end of each school year. For positions covered by this Agreement (other than classroom teachers and teaching specialists), a "vacancy" shall also mean any position open as a result of being newly created by the Committee, transfer, death, resignation, retirement, non-rehire, or dismissal.

18.2            When a person holding an extra-compensatory position covered by this Agreement is incapacitated for an extended period, the Committee, upon the recommendation of the Superintendent, may fill the position temporarily by posting a vacancy per 18.03. Any person filling a position temporarily shall be paid on a pro rata basis the stipend for said position.

18.3            All vacancies (other than classroom teachers and teaching specialists) will be publicized by the Superintendent and by written notices to the President of the Association. In addition, during the months of July and August, written notice of any such vacancies will be mailed to the President of the Association. Initial publicizing of vacancies and written notices to the President of the Association shall be at least ten (10) calendar days prior to the deadline for application for the position, except in cases of emergency as determined by the Superintendent. Such notices will include the salary range and any special qualifications for eligibility or special responsibilities for the position.

18.4            All qualified teachers will be given the opportunity to make application for vacancies covered by this Article. The Committee in making its judgment as to what will serve the best interests of the students will consider such factors of the applicants as professional background, accomplishments, knowledge, ability, experience relevant to the position, and length of service in Dracut Public Schools.

ARTICLE XIX

Vacancies in Promotional Positions

19.1           Whenever any vacancy in a promotional position occurs during the school year, September to June, it will be adequately publicized by the Superintendent by means of a notice placed on the teachers' bulletin board in every school. In the instance of vacant promotional positions, designation will be made of the minimum requirements that are essential for eligibility.

19.2           All qualified teachers will be given adequate opportunity to make application for such promotional positions, and the Committee agrees to consider the professional background and attainments of all applicants, the length of time each has been in the school system and other relevant factors.

19.3           During the months of July and August written notice of any such vacancies in promotional positions will be mailed to the President of the Association.

19.4           A Unit A member serving in an acting or interim capacity as a Unit B or other administrative position at the request of the Dracut Public Schools shall be compensated for that period of time in said position at the rate of 1.25 times his/her Unit A compensation not to exceed the total compensation received by that Unit B or other administrative member at that time.

ARTICLE XX

Positions in Summer School, Evening School and Under Federal Programs

20.1            All openings for such positions will be publicized adequately by the Superintendent in each school as early as possible, and notice of appointments to said positions shall be posted in each school as appointments are made. Under normal circumstances, summer school openings will be publicized not later than the preceding May 15.

20.2            In filling such positions, considerations will be given to a teacher's competence for the particular position, major and/or minor field(s) of study, quality of teaching performance, and service in the Dracut School System, including previous Dracut summer school or evening school teaching experience.

ARTICLE XXI Retirement Redemption Plan

21.1             In recognition of dedicated service to the students of Dracut, any teacher covered by this Agreement, and who has served fifteen (15) or more years in the Dracut Public Schools, may obtain an increase in compensation as follows:

21.2             (a)           Any teacher who desires to participate in this program should notify the Superintendent of such intention by January 1 prior to the School Year in which he/she intends to retire. If such notice is submitted in writing by said January 1, the individual concerned will be paid (or in the event of the death of such teacher, his/her estate shall be paid) $55.00 a day for each sick leave day so accumulated/surrendered up to a maximum of one hundred eighty-two (182) days. Such payment, in lump sum, shall be received in the next following Dracut School System payroll after the effective date of retirement.

(b)           After twenty (20) years of service in the Dracut Public Schools, the following schedule shall apply:

Unit "A"

21.3            In the event that a teacher, for valid and substantial reason(s), decides subsequent to said February 1 to retire during or at the end of the next school year, said teacher will be eligible for this retirement redemption plan subject to the approval of the Superintendent based upon budgetary and other considerations.

21.4            Subject to the approval of the Superintendent based upon budgetary or other considerations, a teacher who, for valid and substantial reason(s), decides to retire with fewer than fifteen (15) years of service in the Dracut Public School, will be eligible for this retirement redemption plan; provided that the Superintendent's approval (or non-approval) of any such request shall not be subject to the grievance or arbitration provisions of this Agreement.

21.5            In the event the individual fails to retire immediately at the conclusion of the school year (unless prevented from doing so by death) the teacher will agree in writing to repay to the Town of Dracut the differential between the salary which was actually received under the provisions of this Section and that which the teacher would have received had he/she not submitted the intention to retire, said amount to be deducted from the final summer paycheck(s) of the school year. In such event, the Committee agrees to restore the sick leave days to the teachers who had surrendered them pursuant to 21.02.

21.6            In the event of the exhaustion of his/her sick leave during the last year of employment, the teacher may elect to have his/her sick leave restored to him/her pro rata and be restored to his/her base salary pro rata.

ARTICLE XXII Teacher Protection

22.1            Teachers shall immediately report to the Superintendent in writing, all cases of assault suffered by them in connection with their employment.

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

ARTICLE XXIII

Reduction-In-Force Procedural Policy

23.1            Any reduction-in-force shall be consistent with the General Laws of the Commonwealth of Massachusetts; Rules and Regulations of the State Department of Education; and the particular procedures, which are defined within this contractual Agreement.

23.2            Declines in student enrollments, changes in the context of curricular offerings, financial constraints, or other extenuating conditions may necessitate the reduction of a particular number of professional positions within the school system. When the School Committee has made a determination that a reduction-in-force is necessary, it shall proceed as follows:

23.02.1    Reduction-in-force will first be achieved by the various processes associated with natural attrition; including, but not limited to, the following considerations: resignation of any teacher; retirement of any teacher, death of any teacher; or the non-renewal of a teacher without professional status.

23.02.2    Teachers who are not under Regular Contract Status, e.g., Interim-Service Status (ISS) Teachers will be laid off first, and followed in sequence by Teachers without professional status provided, however, that in either of the aforesaid instances there are fully and appropriately certificated teachers available within the remaining complement of Instructional Staffing Members to perform all the prescribed duties and obligations associated with the particular position which has necessitated the lay-off of a teacher under this section.

23.02.3    In case the reduction-in-force ultimately affects a teacher with professional status under Massachusetts General Laws, Chapter 71, Section 41, as amended, the advantage of seniority will prevail as the sole determinant of retention within the specific curricular disciplines as set forth in this Agreement.

23.02.4  A teacher with professional status who is scheduled to be laid off may "bump" a less senior teacher, with professional status in another curricular discipline only if both the following two (2) requirements are satisfied:

(a)   The first requirement is that the more senior teacher is fully and appropriately certificated for the position in question under any applicable Rules and Regulations of the Massachusetts Department of Education and also in consonance with any defined provisions of the Massachusetts General Laws, Chapter 71, Section 38G, as amended. For the particular purpose of the Article, a teacher with a "General" certification shall be presumed to meet the certification requirements of the teacher's current assignment in a curricular discipline; but, in order for said teacher to "bump" within a "cross-curricular" context a teacher must qualify under the prevailing Certification Criteria for the specific category in question.

(b)   The second requirement is that the more senior teacher with professional status "bumping" of a teacher with professional status with less seniority across prescribed classifications or curricular-discipline lines shall only be accomplished with the approval of the Superintendent of Schools. But in any event, no teacher may bump into a non-certified classification or curricular discipline.

In order to protect a more senior teacher with professional status, the Superintendent shall not be limited in any way in exercising his/her administrative discretion and judgment either to make such transfers of teachers from one classification to another classification, or to affect the re-assignment of teachers within a particular curricular or grade-level classification; if such actions were perceived by the Superintendent to be reasonable and not adversely affecting the instructional program.

23.02.5    For purposes affecting considerations of professional status and/or seniority within this Article, an employee whose position may still not be eligible for formal inclusion under the professional status which are encompassed by the current General Laws of the Commonwealth of Massachusetts shall be considered to have professional status if the employee has received in that specific position a fourth consecutive appointment by the School Board on the basis of being recommended for same by the Superintendent or who has otherwise met the requirements and provisions of Massachusetts General Laws, Chapter 71, Section 41.

23.02.6    Notification: When a reduction-in-force is to take place, the Committee shall give written notice to the affected teachers on or before June 15 preceding the effective date of the reduction which shall be the subsequent September 1^st. The notification shall include a statement of reason(s) for the reduction-in-force as it pertains to the individual teacher. A copy of any such notification issued to a teacher shall be sent contemporaneously to the President of the Association.

23.02.7    Lay-off means an unpaid leave-of-absence to be granted by the Committee for a period of two (2) years from the effective date of the reduction-in-force (September 1^st) as defined herein. Once a teacher has been notified of being affected by a lay-off, the teacher must determine whether the teacher desires to exercise rights pursuant to Massachusetts General Laws, Chapter 71, Section 42, if applicable, or exercise rights pursuant to this Agreement; but not both. Said written decision must be sent to the School Committee through the Superintendent within thirty (30) calendar days of receipt of the lay-off notice. Any affected teacher who elects to waive his/her rights to a dismissal hearing pursuant to Massachusetts General Laws, Chapter 71, Section 42, does so with the understanding that such waiver applies irrevocably to that particular position held at the time of the lay-off and shall encompass the automatic termination process at the end of the twenty-four (24) month lay-off period referred to herein in Section 13(M). Should the teacher be recalled at any time prior to the expiration of the prescribed Recall Period, the written "waiver of dismissal hearing" shall be returned to the teacher. A teacher who has waived the aforesaid rights to a said dismissal hearing shall be granted an unpaid leave-of-absence consistent with the terms set forth herein.

23.02.8    Should the teacher not accept recall for any reason prior to the expiration of the Recall Period, the teacher may resign or retire from the system and shall be entitled to the benefits outlined in Article XXI, if applicable. Any teacher affected by lay-off who may intend to exercise the right to resign or retire under the provision of Article XXI referenced herein shall do so by giving written notice of such intent to the Superintendent prior to February 1^st of the particular school year in which the teacher intends to exercise said rights of retirement of resignation.

23.02.9    Seniority

(1)           Length of Service: A teacher's length of uninterrupted service in years, months, and calendar days in the Dracut Public Schools is measured from the first day for which compensation was received. Officially authorized leaves-of-absence shall not be considered as constituting a break in service; however, only particular leaves-of-absence for which appropriate compensation on the salary schedule has been received (and which has been sanctioned by the School Committee and/or provisions of this Contractual Agreement) shall be counted as years, months and calendar days for purposes of this definition. A teacher's position on the Seniority List is determined by crediting those days for which compensation has been received by June 30 of the most recent previous school year. Only time spent on unpaid leaves, even though authorized by the School Committee, shall not contribute to seniority. For the purpose of seniority, only those days computed as part of the regular work year in accordance with Article VII, Section 7.01 shall be counted toward seniority.

Ties in length of service shall be resolved in favor of the teacher with the most advanced degree credits; and if no distinction still prevails thereto, the advantage shall be in favor of the priority sequence of time and date on which the School Board appointment was affected.

(2)                 Past service as a Substitute teacher, whether it be as a short-term or long-term substitute, shall not contribute toward seniority.

(3)                 Past service as an Interim-Service Status (ISS) Substitute teacher shall contribute toward Seniority, since appropriate credit thereto on a salary schedule is granted procedurally by the School Committee.

(4)                 A list specifying the Seniority Status of each member of the Bargaining Unit in reference to the teacher's current curricular discipline assignment shall be prepared by the Superintendent and forwarded to the President of the Association within ninety (90) Calendar Days following the formal execution of this Contract.

(5)                 If no written objections of the Superintendent's Original Seniority Listing are filed in writing by November 30 after receipt of same by the President of the Association, the aforesaid Listing will be deemed final and binding.

(6)                 Thereafter, an updated Seniority Listing shall be supplied by the Superintendent annually by November 1 of each Calendar Year. If no written objections to the Superintendent's aforesaid Seniority Listing are filed in writing within thirty (30) Calendar Days after receipt of same by the President of the Association, the aforesaid Listing will be deemed final and binding.

(7)                 In the event there are questions or objections raised in writing to the Superintendent, these will be jointly examined by the President of the Dracut Teachers Association and the Superintendent. If agreement still fails to be attained, the unsettled matter(s) may be submitted to expedited arbitration for Final and Binding resolution thereof.

23.02.10    It shall be the responsibility of each teacher to provide the Assistant to the Superintendent with up­ dated substantiation of Certification Credentials affecting any one or all curricular disciplines cited herein: A Master Profile of Certification Credentials affecting the Professional Staff shall be prepared for the Superintendent by the respective Assistant to the Superintendent; and a copy of such Master Profile will be provided by the Superintendent to the President of the Dracut Teachers Association upon the latter's request.

Qualified

Duly certified within a particular curricular discipline in consonance with certification provisions promulgated by the Massachusetts Department of Education.

23.02.11    Recall

The affected teacher shall have the right to return to a position in the particular curricular discipline from which a teacher was originally laid off. The Committee must vote on each lay-off individually and the order of lay-off shall be established by the sequence in which the Committee's votes were taken: i.e., last one out, first one in.

An up-to-date listing of the Recall order by curricular disciplines shall be maintained by the Superintendent and shall be made available to the President of the Association upon request. Each teacher will be assigned a specific curricular discipline as of September 1 of each contract year.

During the Recall Period, teachers who have been laid off but who have selected to work as Short-Term Substitutes, Long-Term Substitutes, or Interim-Service Status teachers shall be compensated at the particular rate of pay applicable to any of the aforesaid categories.

23.02.12    Classifications - Curricular Disciplines

Curricular Discipline Refers To One Of The Following Categories

 

Should the Dracut School District undergo a reorganization, which results in a grade realignment during the term of this Agreement, the parties will reopen this section

Should any new curricular disciplines be created, they will be added to this section or incorporated under existing classifications where appropriate

23.02.13      Recall Rights and Benefits

(A)   Recall Rights and Benefits refers to the following considerations: If subsequent to a Reduction-In Force Notice, a Permanent-Position Vacancy, as contrasted with a Temporary Opening being filled by the Superintendent on an Interim-Service Status Basis, becomes manifest in a curricular discipline from which a particular teacher has been reduced and elected lay-off status, a Recall Notice shall be sent by the Superintendent by means of Certified Mail to the teacher based on the inverse order of layoff in the discipline wherein the vacancy exists. The Recall Letter shall be mailed to the teacher's last address-of-record on file in the Office of the Superintendent at that specified time. If a teacher fails to notify the Superintendent in writing within fourteen (14) Calendar Days of the issuance of a Recall Notice in regard to the teacher's intent to accept recall, said teacher shall forfeit all rights and benefits or unless at the discretion of the Superintendent, extenuating circumstances prove otherwise.

(B)   Return of the Certified Mail Letter to the Superintendent by the Post Office will be considered a rejection of the proffered teaching assignment by the teacher or unless at the discretion of the Superintendent, extenuating circumstances prove otherwise. A teacher who accepts Recall must commence work on the date set forth in the Superintendent's Recall Notice or within twenty-one (21) Calendar Days, whichever is later. A teacher who accepts Recall shall have all benefits, as accrued up to June 30^th of the school year in which Reduction-in-Force Notice was given, restored upon recall.

(C)   Should more than one position exist for which a teacher or teachers on lay-off would be duly qualified to fill, preference will be given by the Superintendent to the Senior Teacher in regard to the Choice of Vacancies.

(D)   Teachers with professional status who are on lay-off shall for twenty-four (24) months after the effective date of the lay-off retain First Preference to Recall Rights in the inverse order of lay-off to the particular positions from which they were laid off.

(E)  During the Lay-Off Period applicable to a particular teacher, no hiring of an outsider for a Permanent Vacancy shall take place unless the aforesaid Open Position cannot be filled by the Superintendent by the assignment of a duly qualified person on his/her available Recall List applicable to that particular position.

(F)  A teacher who rejects recall for reasons of a Contractual Agreement with another employer, illness, or disability rendering the teacher unable to work, or for some other good reason at the discretion of the Superintendent shall be moved one (1) position downward on the Recall List or to the bottom of the Recall List, dependent on whichever position is higher on the Recall List; and the reason for the teacher's rejection of the appointment must be stated on the Teacher's Letter of Rejection.

(G)  Proof of a Contractual Agreement with another employer, illness, or disability must be furnished to the Superintendent, if so requested. Regarding an illness or disability rendering the teacher unable to work, the Superintendent may require a letter from a physician, certifying to the teacher's condition.

(H)  Teachers with Recall Benefits are required to keep the Superintendent informed in writing of their current mailing address.

(I)    Teachers who have accepted Lay-Off Status shall, during the Recall Period, be sent copies of all notifications of vacancies. Only those teachers to which the recall notice pertains and who are eligible for same shall be so notified in areas in which they are certified.

(J)    A teacher who is recalled shall have the same benefits accruable at the time of lay-off with respect to professional status, unused sick-leave, and placement on the salary schedule; but shall receive or acquire no other benefits of any kind during the period of lay-off except any particular benefits which the teacher would have by statutory definition.

(K)   During the Recall Period, teachers shall be entitled to participate in any group-health and/or life-insurance programs available to any teacher on Leave-of-Absence without pay, provided that the teacher pay the entire cost of insurance premiums within thirty (30) days of the billing date as issued by the Town Treasurer; and that there shall be no contribution required by the Committee or the Town of Dracut for such coverage issued to the teacher or without a reason acceptable to the Superintendent.

(L)   All teachers who reject a recall notice with no reason, or without a reason acceptable at the discretion of the Superintendent, will be removed from the Recall List.

(M)  All teachers removed from the Recall List by the passage of twenty-four (24) months or failure to return to a proffered teacher position shall be considered terminated from the Dracut Public Schools, and all contractual relationship with the Dracut School Committee shall be terminated.

(N)   All teachers on the Recall List who choose to be recorded on the Substitute List shall be given preference thereto.

ARTICLE XXIV

Dependent Tuition

24.01      Children of professional employees shall be allowed to attend a regular education program in the Dracut Public Schools on a tuition-free basis with the cost of any special services to be paid by that professional employee.

ARTICLE XXV Duration

25.1            This Agreement and the Appendices attached hereto shall be in full force and effect from July 1, 2008 through June 30, 2011 and shall thereafter automatically renew itself for successive terms of one year unless by October 15 next prior to the expiration of the Agreement, or of any extended period, either the Committee or the Association shall have given the other written notice of its desire to modify or terminate the Agreement; whereupon professional negotiations shall begin no later than October 30.

25.2            If after any such negotiations the Committee and the Association shall have failed to reach agreement By the following December 31, either party or parties jointly may petition the State Board of Conciliation and Arbitration to initiate fact-finding in accordance with the General Laws of Massachusetts.

This Agreement may be amended only by mutual consent of the Association and the majority voice of the Committee

IN WITNESS WHEREOF, the parties hereunder set their hands and seals on this

DRACUT SCHOOL COMMITTEE                                                 DRACUT TEACHERS ASSOCIATION

Ronald P. Mercier III, Chairman                                                      Joyce A. Desjardins, President

Nancy L. Gagnon                                                                                Linda Dugan, Vice President

Mary Gail Martin                                                                                 John Daigle, Negotiations Co-Chair

Michael Miles                                                                                       Gretchen Lordan, Negotiations Co-Chair

Matthew Sheehan                                                                               Michael Green

Maureen Boyden

SUPPLEMENTARY AGREEMENT

The parties agree that the Committee retains the exclusive right to authorize the installation and removal of vending machines in teachers' lounge(s) or other room(s) reserved for teachers in buildings of the Dracut School System. Should the Committee authorize the installation of vending machines in teachers' lounge(s) or other room(s) reserved for teachers, the net profits derived therefrom shall be transmitted to the Association for an Educational Advancement Grant or for any other educational purpose agreed upon by the parties.

DRACUT SCHOOL COMMITTEE                                                DRACUT TEACHERS ASSOCIATION

APPENDICES

APPENDIX A-l

Dracut Salary Schedule

September 1, 2008 to 90th day of the School Year

2% Increase - Teachers Hired Prior to 7/1/2005

2% Increase - Teachers Hired On or After 7/1/2005

* M+40: If these credits are formally a part of an approved CAGS Program or Doctorate Program or at the completion of a second (2^nd) Master.

**Doctorate (Applicable only and specifically for either a Doctor of Education (ED.D) Degree or Doctor of Philosophy (PH.D)

APPENDIX A-l

Dracut Salary Schedule

91st day of the School Year to June 30, 2009

1% Increase - Teachers Hired Prior to 7/1/2005

1% Increase - Teachers Hired After 7/1/2005

* M+40: If these credits are formally a part of an approved CAGS Program or Doctorate Program or at the completion of a second (2^nd) Master.

**Doctorate (Applicable only and specifically for either a Doctor of Education (ED.D) Degree or Doctor of Philosophy (PH.D)

APPENDIX A-2

Dracut Salary Schedule

September 1, 2009 - June 30, 2010

2.5% Increase - Teachers Hired Prior to 7/1/2007

2.5% Increase - Teachers Hired After 7/1/2007

* M+40: If these credits are formally a part of an approved CAGS Program or Doctorate Program or at the completion of a second (2^nd) Master.

**Doctorate (Applicable only and specifically for either a Doctor of Education (ED.D) Degree or Doctor of Philosophy (PH.D)

APPENDIX A-3

Dracut Salary Schedule

September 1, 2010 - June 30, 2011

2.5% Increase - Teachers Hired Prior to 7/1/2009

2.5% Increase - Teachers Hired After 7/1/2009

* M+40: If these credits are formally a part of an approved CAGS Program or Doctorate Program or at the completion of a second (2^nd) Master.

**Doctorate (Applicable only and specifically for either a Doctor of Education (ED.D) Degree or Doctor of Philosophy (PH.D)

APPENDIX A-4

Graduate Credit Requirements

Qualification requirements for the aforesaid graduate credit salary increments are as follows:

a.   Semester hours of credit must be earned from institutions that are currently approved by the New England Association of Colleges and Secondary Schools or by a corresponding and equivalent accrediting authority in another geographical region.

b.   Subject to the approval of the Superintendent, the graduate credit hours beyond a Bachelor's Degree shall be earned in either (1) the teacher's undergraduate Major or Minor if the teacher is instructing in either of the aforesaid areas, or (2) the teacher's graduate program leading towards either a Master's Degree in a specific subject area or a Master's Degree in Education but only when a teacher has been duly and formally accepted by College or University officials for enrollment in such an advanced degree program as described herein, or (3) for compliance with Certification under the Requirements of General Laws Chapter 71, Section 38G.

c.   Subject to the approval of the Superintendent, the graduate credit hours beyond a Master's Degree shall be earned in either (1) a subject area associated with any segment of the teacher's current instructional assignments in the Dracut Public Schools, (2) the teacher's graduate program leading towards either a Certificate of Advanced Graduate Study or a Doctorate Degree in a specific subject area or in Education, but only when the teacher has been duly and formally accepted by College or University officials for enrollment in such an advanced degree program as described herein, or (3) for compliance with Certification under the Requirements of General Laws Chapter 71, Section 3 8G.

d.   The determination of the number of graduate credit hours to be translated into the context of the Salary Schedule shall be effected as of September 1st of the applicable school year.

APPENDIX A-5

Longevity Increments

APPENDIX A-6

Lead Teacher Stipends

APPENDIX A-7

Department Chairpersons

The term of a Department Chairperson shall be on an annual basis and will consequently require the re-posting and re-appointment procedure, which currently applies to all stipend positions within the Contractual Agreement.

Department Chairpersons shall have a teaching load of three (3) classes per day and five (5) additional days before the June 30 summer vacation commences (187 days in total) for which they shall receive a stipend. Department Chairpersons shall not have supervisory responsibility.

Effective July 1, 1995, Department Chairpersons may be required to work up to an additional five (5) days prior to the opening of school as determined by the administration with sufficient notice, credit for seniority and compensation at the per diem rate. Such compensation is to be computed in accordance with paragraph 7.02 infra.

APPENDIX A-8

Supervisors 7-12 (Fine and Performing Arts, Math, English)

APPENDIX A-9

Coordinator of Federally Funded Program (pending receipt of Federal grant funds)

APPENDIX B

Co-curricular Supervisory Stipends

 

APPENDIX C

Coaches Stipends

Coaches will proceed on the six-step stipendiary schedule. Coaches shall be placed on the schedule in accordance with years of experience in the particular sport.

In the event of a resignation, for any reason, or a vacancy at the time after the season has begun, the Superintendent of Schools is authorized to fill such vacancy on an Interim Basis after a verbal or written announcement seeking applicants has taken place in all buildings. An individual will serve on this interim-basis until such time as the position can be properly posted and filled in accordance with terms and conditions of the Collective Bargaining Agreement. All such emergency replacements will be paid on a per-diem, pro rata basis.

The Athletic Director Position shall encompass the period July 1 through June 30, annually.

Fall sport coaches may begin practice for all teams in accordance with the current MIAA Handbook.

PROFESSIONAL STAFF ATHLETIC POSITIONS

September 1, 2008 to 90th School Day 2% Increase

PROFESSIONAL STAFF ATHLETIC POSITIONS

91st Day to June 30, 2009

PROFESSIONAL STAFF ATHLETIC POSITIONS

September 1, 2009 to June 30, 2010 2.5% Increase

PROFESSIONAL STAFF ATHLETIC POSITIONS

September 1, 2010 to June 30, 2011 2.5% Increase

ALL INTRAMURALS

APPENDIX D - Tutorial Pay

The following Salary Stipend Schedule shall prevail for Tutorial Instruction:

APPENDIX E

Dracut Public Schools

Dracut, Massachusetts

UNIT A SUPERVISION and EVALUATION

Instrument and Procedures

Effective July 1, 1997

PURPOSES

The process of supervision and evaluation detailed in this protocol has three purposes. They are:

1)  to recognize and document the quality of instructional services rendered during the evaluation period;

2)  to give the evaluator an opportunity to provide appropriate assistance and support to the teacher in order to effect improvement in the quality of instructional services being offered;

3)  to provide evidence and assessments which may be used as a basis for personnel actions.

The evaluation process shall be ongoing and continuous throughout each school year.

PROCEDURES

TEACHERS WITHOUT PROFESSIONAL TEACHER STATUS

ANNUAL EVALUATION PROCESS

The purpose of the annual evaluation is to assess the teacher's professional skill on all categories and principles of effective teaching, in order to determine if the teacher will be reappointed. The overall evaluation will be based on data that includes the following: at least three formal classroom observations; assessment of the teacher's instructional and professional growth goal(s); assessment of student work and job related written teacher work; observation of the teacher's work with students, parents and/or teachers; a record of activities for which the teacher is compensated; information provided by the teacher, and information gathered from teacher-evaluator conferences.

The mid-year evaluation will include the evaluator's narrative assessment of the teacher's performance on some or all of the seven categories of effective teaching. The mid-year evaluation shall be given no later than February 1. The end-of-year evaluation will include the evaluator's narrative assessment of the teacher's performance on each of the principles of effective teaching. All narrative descriptions and conclusions must be supported by factual evidence.

TEACHERS WITH PROFESSIONAL TEACHER STATUS

TWO-YEAR EVALUATION CYCLE

YEAR ONE - COMPREHENSIVE EVALUATION

The purpose of the comprehensive evaluation is to assess the teacher's professional skill on all Categories and Principles of Effective Teaching (Schedule A Attached). The overall evaluation will be based on data that include the following: at least one formal classroom observation; assessment of teacher's instructional and professional growth goal(s); assessment of student work and job related teacher work; observations of the teacher's work with students, parents and/or teachers; a record of activities for which the teacher is compensated; information provided by the teacher; and information gathered from teacher-evaluator conferences.

By the end of October, each teacher will meet with one's administrator/supervisor to discuss goal(s) for instructional and professional growth. Goal(s) setting will be a joint process which will include identifying the steps to accomplish the goal(s) and the data which will be used to assess the teacher's progress on the goal(s). Goal(s) decided upon may be drawn from self-assessment, recommendations from prior evaluations, school-building or district goal(s), or the standard of performance. In the event the teacher and administrator/evaluator cannot agree on the goals for the year, the teacher may request a different administrator/evaluator who shall be assigned by the Superintendent to mediate between the teacher and the administrator/evaluator in establishing said goals and whose determination shall be final and binding.

The end-of-year evaluation will include the evaluator's assessment of the teacher's performance on the Principles of Effective Teaching, and assessment of the teacher's instructional goals and professional growth goals. The Descriptors of Effective Teaching (See Schedule B, attached) are examples of ways a teacher can realize each Principle of Effective Teaching (See Schedule A, Attached). All narrative descriptions and conclusions must be supported by factual evidence.

YEAR TWO

There is no formal evaluation process for teachers with a satisfactory evaluation in year one, unless there is a clear and factually documented need based upon a disregard for the Principles of Effective Teaching (see Schedule A) during year two of the evaluation cycle.

For instances occurring on and after January of a given school year, this process shall be expedited based upon the deficiencies noted utilizing the End of Year Evaluation Instruments at pages 48 of Appendix E; the Evaluator's Narrative/Recommendations for improvement at page 51 of Appendix E, and including monthly teacher/evaluator meetings.

For teachers who receive and unsatisfactory evaluation at the end of year one, he/she will be evaluated pursuant to the Alternative Evaluation Process (see below).

A teacher with Professional Status who receives an unsatisfactory evaluation may request an alternate evaluator to conduct his/her evaluation during the next following school year as assigned by the Superintendent.

ALTERNATIVE TO THE TWO-YEAR EVALUATION CYCLE

Although formal evaluation is conducted every other year, an evaluator may require, for the next school year, a comprehensive evaluation process (as described in Year 1), provided that the evaluator identify in writing area(s) of unsatisfactory performance, before the end of the prior school year, and state reason(s); the evaluator must identify in writing the specific step(s) the teacher should take to improve his/her performance in the area(s) the evaluator identified as unsatisfactory. The evaluator will meet with the teacher at least three times during that school year to review progress. If the evaluator determines the teacher's performance is no longer unsatisfactory, the teacher will be evaluated by the means of the comprehensive evaluation process (year 1) for one year before returning to the regular evaluation cycle. If a teacher receives an unsatisfactory evaluation for two consecutive years, the teacher will not have met the minimum performance standards of the Dracut Public Schools, which may result in dismissal by the Principal and Superintendent of Schools subject to MGL Chapter 71, 42. The Principal and Superintendent of Schools, at their discretion, may allow a teacher who has received two consecutive unsatisfactory evaluations a third comprehensive evaluations.

DATA SOURCES

In order to insure a comprehensive understanding of the teacher's work, the evaluator will use a variety of data sources.

1.                  Observation - The evaluator will observe the teacher's classes.

2.                  Student Work or Written Teacher Work - The evaluator will review other aspects of classroom instruction which may include job related written teacher work, student tests, student work, lesson/unit plans, handouts and assignment sheets, unit evaluations of student learning written by the teacher, and a record of student grades.

3.                  Interaction with Others - The evaluator will review information about the teacher's interactions with students, parents, colleagues, administrations, and, where appropriate, other job related individuals. No information will be included in an evaluation unless substantiated and based on the evaluator's own observations, documentation, and/or reasonable investigation conducted with the knowledge of the teacher.

4.                  Activities - The evaluator will review the teacher's professional development. The evaluator will also review the teacher's participation in activities for which teachers are compensated, if applicable.

5.                  Data provided by the teacher - At the discretion of the teacher, he/she may provide evaluators with additional non-classroom information which can be documented to be included in the end-of-year evaluation report.

Evaluators must keep all written evaluations on file. All observation reports, mid-year and end-of-year evaluations shall be included in the central office personnel file. The teacher must sign all forms to indicate that the information included has been read. In addition, the teacher may submit written comments concerning any observation or evaluation form, which shall be attached to the form, provided he or she does so within ten school days, from receiving the form. The evaluator must provide the teacher with a copy of every form contained in the teacher's files by June 1st and must sign every form as well.

SCHOOL YEAR ________________________

DRACUT PUBLIC SCHOOLS

MID-YEAR EVALUATION REPORT FOR TEACHERS

WITHOUT PROFESSIONAL TEACHERS STATUS

Teacher__________________________________                                                                                                 Date of Classroom Observation________________

Evaluator____________________________             _________________________________________ Date of Conference ________________

School/Department____________________              _________________________________________ Subject/Grade Level ________________

The Evaluator's comments shall be confined to the following criteria for evaluation. Evaluators may comment on some or all of the seven categories, as needed.

I.                    Currency in the Curriculum

II.                  Effective Planning and Assessment of Curriculum and Instruction

III.               Effective Management of Classroom Environment

IV.                Effective Instruction

V.                  Promotion of High Standards and Expectations for Student Achievement

VI.                Promotion of Equality and Appreciation of Diversity

VII.             Fulfillment of Professional Responsibilities

Commendations at the Mid-Year, (where applicable)

Evaluator's Concerns, Expectations, or Recommendations, (where applicable) Type of Contract:

1^st year________                 2^nd year_____________________ 3^rd year________

________________                           ________________           ________________

Evaluator's Signature                          Position                                  Date

________________                                                                           ________________

Teacher's Signature                                                                             Date

The signature of the Teacher means only that he/she has read this document. The Teacher may attach Written statement of his/her own provided he/she does so within ten school days.

SCHOOL YEAR________________                                                            END OF YEAR EVALUATION

DRACUT PUBLIC SCHOOLS

Teacher______________ _______ Date of Classroom Observations______________________

Evaluator____________ _______ Date of Final Conference___________________________

School/Department__________________ ______ Subject/Grade Level___________

The supervisor will assess the teacher's performance on the "Principles of Effective Teaching" (Schedule A).

I.             CURRENCY IN THE CURRICULUM

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

_______S             ________S/WC                  _______                U

II.            EFFECTIVE PLANNING AN ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.            The teacher plans instruction effectively.

_______S             ________S/WC                  _______                U

B.            The teacher plans assessment of student learning effectively.

_______S             ________S/WC                  _______                U

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

_______S             ________S/WC                  _______                U

III.          EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

A.            The teacher creates and environment that is positive for student learning and involvement.

_______S             ________S/WC                  _______                U

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

_______S             ________S/WC                  _______                U

IV.          EFFECTIVE INSTRUCTION

A.            The teacher makes learning goals clear to students.

_______S             ________S/WC                  _______                U

B.            The teacher uses appropriate instructional techniques.

_______S             ________S/WC                  _______                U

C.            The teacher uses appropriate questioning techniques.

_______S             ________S/WC                  _______                U

D.            The teacher evaluates, tries innovative approaches, and defines instructional strategies, including the effective use of technologies, to increase student learning and confidence in ability to learn.

_______S             ________S/WC                  _______                U

V.            PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

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

_______S             ________S/WC                  _______                U

B.            The teacher promotes confidence and perseverance in the students that stimulates personal student responsibility for achieving the goals of the curriculum.

_______S             ________S/WC                  _______                U

VI.          FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.            The teacher strives to ensure equitable opportunities for student learning regardless of student's gender, race, disability, marital status, sexual orientation or socioeconomic status.

_______S             ________S/WC                  _______                U

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

_______S             ________S/WC                  _______                U

VII.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.            The teacher is constructive and cooperative in interaction with parents and receptive to the contributions.

_______S             ________S/WC                  _______                U

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

_______S             ________S/WC                  _______                U

C.            The teacher is a reflective and continuous learner.

_______S             ________S/WC                  _______                U

I.             PRE-CONFERENCE GOALS: TEACHER AND EVALUATOR

A.            INSTRUCTIONAL GOALS:              INITIAL EACH LINE

(1) ___________________________________________

(a)           Steps to Accomplish Goal:

(b)           Measure of Success: ________________

(2) ___________________________________________

(a)           Steps to Accomplish Goal:

(b)           Measure of Success: ________________

(3) ___________________________________________

(a)           Steps to Accomplish Goal:

(b)           Measure of Success: _______________

B.              PROFESSIONAL GROWTH GOALS:

(1) ___________________________________________

(a)           Steps to Accomplish Goal:

(b)           Measure of Success: ____________

(2) ___________________________________________

(a)                 Steps to Accomplish Goal:

(b)                 Measure of Success:

(3) ___________________________________________

(a)                 Steps to Accomplish Goal: ___________

(b)                 Measure of Success: _________________

EVALUATOR'S NARRATIVE ASSESSMENT OF INSTRUCTIONAL

AND PROFESSIONAL GROWTH GOALS:

Summative Rating                              _________ Satisfactory                   _______Satisfactory with Concerns

_________ Unsatisfactory

Evaluator's Commendations/Recommendations:

Type of Contract:                1^st year_________ 2^nd year_________ 3^rd year_________

Professional Teacher Status_________

Evaluator's Signature _________ Position _________ Date _________

Teacher's Signature ___________________________ Date _________

The signature of the Teacher means only that he/she has read this document. The Teacher may attach a written statement of his/her own provided he/she does so within ten school days.

SCHEDULE A

CATEGORIES FOR EVALUATION

AND PROFESSIONAL DEVELOPMENT

I.                    Currency in the Curriculum

II.                  Effective Planning and Assessment of Curriculum and Instruction

III.               Effective Management of Classroom Environment

IV.                Effective Instruction

V.                  Promotion of High Standards and Expectations for Student Achievement

VI.                Promotion of Equality and Appreciation for Diversity

VII.             Fulfillment of Professional Responsibilities

CATEGORIES AND PRINCIPLES OF EFFECTIVE TEACHING

I.             CURRENCY IN THE CURRICULUM

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

II.            EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.    The teacher plans instruction effectively.

B.    The teacher plans assessment of student learning effectively.

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

III.          EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

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

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

IV.          EFFECTIVE INSTRUCTION

A.   The teacher makes learning goals clear to students.

B.   The teacher uses appropriate instructional techniques.

C.   The teacher uses appropriate questioning techniques.

D.     The teacher evaluates, tries innovative approaches, and refines instructional strategies including the effective use of technologies, to increase student learning and confidence in ability to learn.

V.           PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

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

B.    The teacher promotes confidence and perseverance in the students that stimulates personal student responsibility for achieving the goals of the curriculum.

VI.          PROMOTION OF EQUALITY AND APPRECIATION OF DIVERSITY

A.    The teacher strives to ensure equitable opportunities for student learning regardless of student's gender, race, religion, disability, marital status, sexual orientation or socioeconomic status.

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

VII.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

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

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

C.     The teacher is a reflective and continuous learner.

SCHEDULE B

CATEGORIES, PRINCIPLES AND DESCRIPTORS

OF EFFECTIVE TEACHING

I.             CURRENCY IN THE CURRICULUM

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

1.      Demonstrates a working knowledge of the state curriculum frameworks and the local curricula in the teacher's assignment.

2.      Keeps current in the field and applies knowledge to the instructional programs.

II.            EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.            The teacher plans instruction effectively.

1.      Identifies clear goals, expectations, and standards for student learning.

2.      Frames curriculum around essential principles of the discipline to provide opportunities for student analysis when the teacher is planning units, lessons and assessments.

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

4.      Uses available materials, resources and technologies and designs instructional strategies that are appropriately matched to curricula goals and to students' needs and learning styles.

5.      Frames curriculum around student's own prior knowledge and experience and identifies pre-requisite skills necessary for a student to succeed.

6.      Participates in joint planning and collaborates with school-based resources to assist the teacher in curricula design, meeting student learning needs.

7.      Plans frequent instructional opportunities where students are interacting with ideas, materials, teachers and one another.

8.      Designs learning activities that foster student responsibilities for their own learning.

9.        Integrates the teaching of reading, writing, listening, thinking, speaking and/or study skills.

10.    Plans lessons that reflect the continuity of instruction. Plans appropriate instructional strategy to meet the needs of all students.

B.            The teacher plans assessment of student learning effectively.

1.      Determines specific standards for student learning.

2.      Develops and uses a variety of assessment techniques which describe a student's learning process as well as his/her learning achievements.

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

1.     Regularly uses a variety of formal and informal assessments of students' achievement and progress. Uses assessment results to plan future instruction.

2.     Provides options and opportunities for student to demonstrate mastery of key curriculum concepts.

3.     Communicates student progress to students, parents and staff members in a timely and appropriate fashion.

4.     Prepares and maintains accurate and efficient record-keeping system of quality and quantity of student work.

III.          EFFECTIVE MANAGEMENT OF CLASSROOM ENVIRONMENT

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

1.      Uses classroom time and space to promote effective learning.

2.      Utilizes principles and patterns of child growth and development and uses this knowledge in working with students.

3.      Encourages students responsibility for the order of the classroom and the condition of materials and property.

4.      Encourages student participation and involvement.

5.      Displays and/or recognizes positive student achievement and behavior.

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

1.       Communicates rules, expectations and consequences to students and maintains a systematic approach to discipline by administering a consistent and fair set of rules supporting appropriate expectations. Implements rules and procedures that are consistent with building standards.

2.       Applies rules and consequences consistently and fairly to support an effective learning environment.

3.       Interacts with students with dignity and mutual respect.

4.       Communicates attitudes of honesty, integrity, and responsibility.

IV.          EFFECTIVE INSTRUCTION

A.    The teacher makes learning goals clear to students.

1. Identifies confusion and misconceptions as indicated by student response and assessment strategies. Remeditates, reteaches or extends teaching to meet individual and/or group need based upon the confusion and misconceptions.

2.   Communicates goals, standards, and expectations for student learning.

3.   Understands and shows students the relevance of the subject of a curriculum to life long learning, where appropriate.

B.    The teacher uses appropriate instructional techniques.

1.   Uses a variety of teaching strategies, materials, and available technologies matched to students' learning needs.

2.     Causes students to become cognitively active in summarizing important learning and integrating it with prior knowledge.

3.     Modifies instruction to meet varied ability levels.

4.     Models skills and processes central to instruction.

C.    The teacher uses appropriate questioning techniques.

1.      Uses a variety of questioning techniques which encourage critical and independent thinking and the development of ideas.

2.      Presents information recognizing multiple points of view.

D.     The teacher evaluates, tries innovative approaches, and refines instructional strategies, including the effective use of technologies, to increase student learning and confidence in ability to learn.

1.     Regularly tries to improve instructional practices, including the implementation of innovative techniques.

2.     Continually evaluates and refines instructional strategies including the effective use of available technology to increase student learning.

3.     Assess learning by comparing intended and actual outcomes.

4.     Provides opportunities for inter-disciplinary learning, curriculum integration, and other innovative approaches.

5.     Keeps abreast of new technologies (contingent on technology being available for teacher's use).

V.           PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

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

1.      Regularly communicates learning objectives to students.

2.      Regularly provides feedback to students on their progress.

3.      Communicates learning objectives, standards and expectations of students' work to students and parents.

4.      Responds to students in a positive manner encouraging students to think independently and to take risks and to persevere with challenging tasks.

5.      Challenges students of all ability levels.

B.    The teacher promotes confidence and perseverance in the students that stimulates personal student responsibility for achieving the goals of the curriculum.

1.      Uses prompt feedback (to student work) and student goal setting to encourage student motivation and ownership of learning.

2.      Develops and supports student self-image as learners.

3.      Instructs on the belief that all students can learn and master a core curriculum with appropriate modifications and instructions.

4.      Encourages and supports student effort and hard work.

5.      Recognizes when a student is having difficulty and responds appropriately.

6.      Identifies students who are not meeting expectations and develops a plan that designates the teacher's and student's responsibilities regarding learning.

7.      Builds positive relationships with students.

8.      Recognizes when an individual student is having social and/or emotional difficulties which interfere with learning and encourages the students to overcome the social or emotional difficulty.

VI.     PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.     The teacher strives to ensure equitable opportunities for student learning regardless of student's gender, race, religion, disability, marital status, sexual orientation or socioeconomic status.

1.      Provides opportunities to include all students in the full range of academic programs and activities.

2.      Attends to the learning styles and needs of all students.

3.    Directs classroom discussion to enable all students to participate.

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

1.      Demonstrates sensitivity to differences and abilities in social and cultural backgrounds.

2.      Develops and implements strategies that are effective in developing the needs of diverse student body.

3.      Structures the classroom to facilitate the integration of all students.

4.      Encourages students to accept and value diversity in themselves and others.

5.      Organizes instruction so students from diverse backgrounds have opportunities to learn from and cooperate with each other.

VII.         FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

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

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

2.      Maintains professional relationships with parents.

3.      Encourages two-way communication with parents.

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

1.    Works cooperatively with colleagues to maintain and improve instruction in the school environment, and provides opportunities to parents to participate in the improvement of instruction in the school environment.

2.      Works collaboratively with colleagues to plan and implement inter-disciplinary curriculum, instruction, and other school programs and shares expertise and new ideas with colleagues.

3.      Cooperates with other teachers concerning students' overall workload.

4.      Implements adopted curricula, programs and procedures as outlined in system and building goals.

5.      Selects and participates in at least one curriculum study group, or school improvement activity during contractual hours within the evaluation cycle subject to the applicable terms and conditions of the collective bargaining agreement. Follows the policy of the Dracut Public Schools. Contributes to the ongoing evaluation of the curriculum.

C.    The teacher is a reflective and continuous learner.

1.       Analyzes methods of instruction and whether or not they have contributed to learning goals. Modifies methods of instruction based upon their effectiveness in fulfilling learning goals.

2.       Utilizes available resources as necessary to refine professional knowledge and skills.

3.       Participates in professional improvement activities.

4.       Is receptive to suggestions for growth and improvement.

SIDE LETTER

PROCEDURAL POLICY FOR SUBMISSION AND PROCESSING COMPLAINTS

ASSOCIATED WITH SAFETY AND/OR ENVIRONMENTAL ISSUES

SCOPE:  The intent of procedure is to document the steps required by the Environmental/Safety Policy of the Dracut Public Schools. All potentially unsafe or environmentally unhealthy conditions ("unsafe conditions") in the buildings and grounds of the school system are covered. The procedure applies when a report is received by the building principal from anybody, including teaches, other school employees, parents, guardians and students (the "originator"), or if the principal discovers a condition him/herself.

Although initial steps taken by the principals may be similar, this policy does not cover complaints from any sources about routine maintenance that have no environmental, health, or safety implication.

PROCEDURES:   Originators should be encouraged to express their concerns about unsafe conditions both verbally and in writing to the principal. The normal procedure is to fill out a form (School Environmental Issue Report), but this may be dispensed with under the following conditions:

1.)           In the judgment of the principal, the condition is minor and non-recurring, and poses no threat of a more serious condition.

2.)           In the judgment of the principal, the conditions can be rectified quickly, using local resources.

3.)           The originator does not want to fill in a School Environmental Issue Report.

Note that all three conditions must be met. Otherwise a report must be prepared.