Duxbury

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DistrictDuxbury
Shared Contract District
Org Code820000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2012
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyPlymouth
ESE RegionSoutheast
Urban
Kind of Communityresidential suburbs
Number of Schools4
Enrollment3298
Percent Low Income Students4
Grade StartPK or K
Grade End12
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Agreement between the

DUXBURY SCHOOL COMMITTEE

and the

DUXBURY TEACHERS’ ASSOCIATION

September 1, 2009 - August 31, 2012

 

AGREEMENT BETWEEN THE DUXBURY SCHOOL COMMITTEE

AND THE DUXBURY TEACHERS' ASSOCIATION

 

ARTICLE I RECOGNITION CLAUSE

For the purposes of collective bargaining with respect to wages, hours, and other conditions of employment, the negotiation of collective bargaining agreements, and any questions arising thereunder, the Committee recognizes the Association as the exclusive bargaining agent and representative of the following professional employees of the Committee:

Unit A: Full-time and regular part-time Classroom Teachers, Department Heads, Guidance Counselors, Special Teachers, Assistant Administrator of Special Education and Coordinator of Grants. Nurses shall be included within Unit A except that the following Articles shall not apply to Nurses: VI, VII, XVI.

Unless otherwise indicated, the employees in said Unit above will be hereinafter referred to as the "Teachers.”

ARTICLE II COMMITTEE RIGHTS CLAUSE

This Committee is a public body established under and with powers provided by the statutes of the Commonwealth of Massachusetts. Nothing in this Agreement shall be deemed to derogate from the powers and responsibilities of the Committee under said statutes of the Commonwealth or the Rules and Regulations of agencies of the Commonwealth.

Further, the Association and the Committee agree to be bound by existing Rules and Regulations of the Committee except as the Rules and Regulations are changed by this Agreement.

As to every matter not covered by the Agreement, the Committee retains the powers and duties that it has by law and may exercise the same without any such exercise being made the subject of an arbitration proceeding hereunder.

ARTICLE III GRIEVANCE PROCEDURE

A.    Definition:

1.       For the purpose of this Article a "grievance" would be a dispute between a Teacher, the Association and the Committee, as to the meaning, interpretation or application of any provision of this Agreement.

2.       A "grievant" is the person or persons bringing the claim.

3.       The Association may initiate and process grievances under this procedure as a party in interest.

B.    Procedure

1.             Level l - Principal

a)    A grievant may present a grievance in writing to the Principal of the school within fifteen (15) school days following knowledge by the grievant of the act or condition which is the basis of his/her complaint, unless the grievant has a valid excuse for later filing. Except, however, that in the event of physical or mental incapacity of a grievant, and a grievance cannot be presented as specified, then the time limitation shall be extended to five (5) school days, after the said disability has been removed.

A dispute as to whether a grievance has been waived under this paragraph shall be subject to arbitration pursuant to Level 4. Both the Committee and the Association will prepare an appropriate form for the processing of grievances.

2.     Level 2 - Superintendent

a)       If the grievant is not satisfied with the disposition of the appeal at Level l, or if no decision has been rendered within ten (10) school days after submission of the grievance, the grievant may appeal, within ten (10) school days, in writing, setting forth specifically the act or condition of this Agreement on which the grievance is based to the Superintendent of Schools.

b)       Within ten (10) school days after the receipt of the written appeal by the Superintendent, he/she or his/her designee will meet with the grievant in an effort to resolve the grievance.

3.     Level 3 - School Committee

a)       If the grievant is not satisfied with the disposition of the appeal at Level 2, or if no decision has been rendered within the ten (10) school days after the grievant has first met with the Superintendent or his/her designee, he/she may file an appeal, within ten (10) school days, in writing, setting forth specifically the act or condition and the provision of this Agreement on which the grievance is based, to the School Committee at the office of the Superintendent of Schools.

b)       Within ten (10) school days after receiving the written appeal, a subcommittee of the School Committee of at least two (2) members, (hereinafter referred to as the "Subcommittee"), will meet with the grievant for the purposes of resolving the grievance. The ultimate decision on the appeal at this level will, however, be rendered by the School Committee.

4.     Level 4 - Arbitration

a)       If the grievant is not satisfied with the disposition of the appeal at Level 3, or if no decision has been rendered within ten (10) school days after he/she has first met with the Subcommittee, the grievant may, within five (5) school days after a decision by the School Committee, or fifteen (15) days after he/she has first met with the Subcommittee, whichever is sooner, request, in writing, the President of the Association to submit the grievance to arbitration. If the Association determines that the grievance be meritorious, it may submit the grievance to arbitration within fifteen (15) school days after receipt of a written request by the grievant.

b)       Within ten (10) school days after receipt of such written notice of submission to arbitration, the Committee and the Association will agree upon a mutually acceptable arbitrator and will obtain a commitment from said arbitrator to serve. If the parties are unable to agree upon an arbitrator or to obtain such a commitment within the specified period, a request for a list of arbitrators may be made to the American Arbitration Association. The arbitrator shall be chosen in accordance with the rules of the American Arbitration Association.

c)       The arbitrator so selected shall confer with representatives of the Committee and the Association and hold hearings promptly. Further, the arbitrator will render his/her award and the reasons therefore, in writing, not later than thirty (30) days from the close of the hearings, or, if oral hearings have been waived, then from the date the final statements and briefs are submitted to him/her.

The arbitrator will be without power or authority to make any decision, which requires the commission of an act, prohibited by law or which is violative of the terms of this Agreement, or which exceeds the submission of the grievance to him/her. The decision of the arbitrator will be final and binding on all the parties to the arbitration.

d)    The cost for the services of the arbitration, including per diem expenses, if any, actual and necessary travel expenses and subsistence expenses will be borne equally by the Committee and the Association.

C.    Rights of Teachers to Representation:

1.       No reprisals of any kind will be taken by the Committee or by any member of the Administration against any party in interest, any school representative, and member of the Association or any other participant in the grievance procedure by reason of such participation.

2.       When a grievant is not represented by the Association, the Committee and/or its designee shall notify the Association that a grievance has been submitted and the Association shall have the right to be present and to state its views at all levels of the grievance procedure.

D.    Miscellaneous:

1.       If, in the judgment of the Association, a grievance affects a group or class of Teachers, the Association may submit such grievance, in writing, to the Superintendent directly and processing of such grievance will be commenced at Level 2. The Association may process such a grievance through all levels of the grievance procedure even though the aggrieved person does not wish to do so.

2.       Decisions rendered at Levels 2 and 3 of the grievance procedure will be in writing, setting forth the decision and the reasons therefore and will be transmitted promptly to the grievant and to the President/Vice President of the Association, within ten (10) school days of the Committee meeting following the Subcommittee meeting with the grievant.

3.       All documents, communications and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants.

4.       Forms for filing grievances, serving notices, making appeals, making reports and recommendations, and other necessary documents will be jointly prepared by the Superintendent and the Association and given appropriate distribution so as to facilitate operation of the grievance procedure.

5.       Grievances involving the appointment, suspension and/or dismissal of teachers will by-pass Level 3 and be processed in accordance with the provisions of M.G.L. c. 71, s. 42 and 42D.

6.       The parties may extend the deadlines by mutual agreement.

ARTICLE IV SALARIES

A.    The basic salary schedules for teachers for the school years 2009-2010, 2010-2011, and 2011-2012 are set forth in Appendix A-1, Appendix A-2, and Appendix A-3, attached hereto:

Coaches - See Appendix B

Co-curricular Activities - See Appendix C

Educational/Curriculum Work - See Appendix D In order to advance to the B+15 or M+15 salary column, a teacher must have earned at least three (3) graduate credit hours since September 1, 1987.

B.    Teachers will have the option to receive their salary in either twenty-two (22) or twenty-six (26) equal installments. The first paycheck will be paid by the second Friday of the school year. Teachers' last paychecks will be paid on the final workday for teachers. For teachers electing the twenty-six payment option, paychecks will be mailed at two-week intervals during the summer. Teachers will indicate which payment option they prefer when they sign their salary agreements for the following year.

C.    Absences without pay will result in a deduction for each day thereof at the rate of 1/186 of the teacher's base salary. Other deductions or additions, which are made on a per diem basis, also will be calculated at a rate of 1/186 of the teacher's base salary.

D.    In September of each year, all credits requiring a salary column change will result in an effective date of the first pay period of that school year for such salary column change, provided, however, that each teacher submits his/her request and evidence on or before September 15th. During the remainder of the school year, one additional salary column change will be allowed, and will become effective as of January 1 of that school year, provided the teacher submits his/her request and evidence on or before February 1st of said school year.

Any teacher who anticipates a salary column change either in September or January of a school year must notify the Superintendent of Schools, in writing, of the anticipated change on or before January 5 of the school year immediately preceding the school year in which the salary column change will take effect.

The salary column change shall be effective the first pay period of that school year for a September change and January 1 for a January change. Evidence of completed course work must be presented on or before September 15, for the September change and February 1, for the January change.

E.    A teacher will move from step-to-step on September 1 based upon the recommendation of the Principal or other supervisor. This recommendation may be: a) for no increase; b) for a one-step increase. The Principal or other supervisor will be required to justify in writing his/her recommendation pursuant to this section to the Superintendent who will make the final decision. In any event, an increase will not be withheld unreasonably or without adequate documentation. See also Article XXII, Section A2d.

F.     Teachers will have the option of direct deposit of payroll checks to those area banks providing this service.

ARTICLE V TEACHER YEAR, HOURS AND WORKLOAD

A.    1.     The teacher year will begin no earlier than the Monday prior to Labor Day. If a circumstance beyond the teacher’s control (wedding or taking children to college) prevents a teacher from returning to work before September 1, said teacher may elect to take the necessary days from personal leave (Article XVII, Section D). The number of work days will be no more than 186 days. Two professional days will be scheduled prior to the start of the school year for students. The last day of school for students in grades K-8 will be a half-day. Teachers will work a full day on the last day of school in order to complete all professional obligations.

There will be at least two days for teacher orientations, planning, conferences, workshops or staff meetings. The school calendar may reflect 5 additional school days for inclement weather or other emergencies. These days will be cancelled if not used for inclement weather or other emergencies.

2.       Section A. 1 notwithstanding, new personnel may be required for no additional compensation to attend two (2) additional days of orientation, which may occur in the week prior to the beginning of the teacher year.

3.       A full-time teacher's work day on school premises will generally consist of seven continuous hours including lunch periods, as well as such reasonable additional time as may be required for activity supervision for which differentials are paid.

4.       High school guidance counselors will work a "flexible schedule" which will include an average one evening per week. These "flexible schedules" will not increase the total number of hours a counselor is required to work in any workday. Each counselor will schedule at least one week in advance. The evening hours are primarily for college counseling sessions, however, counselors at their discretion may use this time for other professional activities, which are part of their positions.

5.       Teachers who are first employed in Duxbury after July 1, 2000 may be hired to work different hours and on different workdays (i.e. later or earlier starting times, Saturdays) provided that the DTA president is so notified in writing. In no event shall the total number of workdays or the total on site hours required exceed the requirements of teachers who work the regularly scheduled student days.

B.    1.     Full-time Kindergarten Teachers will be required to be in attendance and/or at their assigned duties before the tardy time and after the dismissal time. It will be determined by the Principal of the building, subject to the approval of the Committee, as to the length of time before the tardy time and after the dismissal time. The AM or the PM duty time of a Kindergarten teacher will not exceed three (3) hours.

2.     Total workday for teachers in grades 1 through 5 will include a twenty-five (25) minute duty-free lunch period. Each Grade 1-5 teacher will have a minimum of five (5) preparation periods per week, each of no less than forty (40) minutes duration. Teachers may choose on a voluntary basis to meet during the assigned preparation time for meetings (IEP’s, 504’s, etc.), before or after the end of the school day. If there is a need to hold meetings during class time, the district shall provide a substitute. Teachers will be required to be in attendance and/or at their assigned duties both before the tardy bell and after the dismissal bell. It will be determined by the Principal of the school, subject to Committee approval, as to the length of time before the tardy bell and after the dismissal bell teachers will be on duty. In no event, however, will this time exceed (15) minutes at one end and thirty (30) minutes at the other. All teachers may leave at the end of the student day on Fridays unless they are involved in activities for which a stipend is being paid.

3.    In grades 6-12, the workday is currently divided in to five sixty-eight (68) minute blocks. The workday for teachers in grades 6-12 will consist of a twenty-five (25) minute duty-free lunch period and at minimum one duty-free block. Teachers will teach no more than four (4) blocks in any day. During each seven (7) day cycle, teachers will teach twenty-five (25) blocks and may be assigned up to ninety (90) minutes of duty or meeting time as determined by the principal, subject to Committee approval. In grades 6-12, “supervisory duties” are defined as hall/corridor, library, homeroom or bus duty. Meeting time is defined as Team (e.g., Clusters), grade level, or department meetings. It will be determined by the Principal, subject to the approval of the Committee, as to how the time in excess of class time (class time is to be determined as time between the tardy bell and the dismissal bell) is to be divided. All teachers may leave at the end of the student day on Fridays unless they are involved in activities for which a stipend is being paid.

A reasonable effort will be made so that no teacher will have four consecutive teaching blocks in a schedule. If a teacher wants to be assigned a four (4) consecutive block schedule, said teacher will notify the principal by March first (1st) of the school year preceding the school year in which such a schedule may be in effect. If any teacher is assigned either voluntarily or by an administrative decision to a four (4) consecutive block schedule, the teacher will have no duty assignments.

However, the teacher and the principal may mutually agree to a schedule and the Association will be notified of said exception.

4.      The starting and dismissal times of students are subject to modification by the Committee provided, however, that no such modification will increase the length of the teachers' workday.

5.      Personnel other than classroom teachers will work at their assigned tasks for at least the length of the teachers’ workday. It is recognized, however, that the proper performance of their duties may on occasion require these persons to work longer than a normal working day. Upon request SPED teachers may be granted up to six (6) reassignment days during each school year with the approval of the Administrator of Special Education.

6.      In each elementary school, one teacher plus additional aides will be monitoring each lunch and each recess period. Teachers will be selected on a voluntary basis to perform such duty. If no volunteers are available, the Administration will equally distribute the duties. Teachers will be paid $10 per lunch and $10 per recess. Payments for lunch duty will be made quarterly. All other teachers not involved in these duties shall have a duty-free lunch equal to that of the students.

The existing practice in grades 6-12 will continue at the aforementioned rate of pay, and quarterly payments will be made.

C.            1.             Teachers may be required to remain after the end of the regular workday without additional compensation for up to one hour to attend the following staff meetings:

a)       One day of each month faculty meeting called by the school principal.

b)       One day of each month curriculum meetings or other meetings authorized by the Superintendent.

c)       One day of each month for Superintendent's meeting.

d)       Normally, teachers will be given at least seven calendar days notice prior to said meetings except for unforeseen circumstances.

2.     In order to strengthen community relations, teachers may be required to attend three (3) evening events each year as directed by the building principal.

D.    1.             Coordinators will teach two (2) periods less than teachers in their departments but not more than the equivalent of three (3) full-year classes.

2.      Teachers in grades 6-12 will not be required to teach more than two (2) subjects and the Committee will endeavor to arrange schedules so as to require no more than three (3) preparations.

3.      Effective September 1, 2009, Department Heads will return to a .4 supervisory level and eliminate provision in its entirety.

E.    Exceptions to the provisions of Section D above may be made only if the Superintendent or his/her designee determines that it is necessary to do so in the best interest of the educational process. The Association will be notified in writing, of each instance of such exceptions.

If the Association disagrees with the exceptions determined by the Superintendent or his/her designee, it may appeal such determination in accordance with the grievance procedure of this Agreement to the Committee. However, the decision of the Committee shall be final and no recourse to arbitration may be made from the Committee's decision.

F.     Science teachers will not be assigned duties other than MCAS coverage and emergency situations.

G.    Teachers who voluntarily assume the coverage of a class in the absence of a teacher will be reimbursed at a rate of $18.00 per period or $36.00 per block. It is understood, however, that in the event of an emergency and if no volunteers are available, a teacher may be assigned for a duration of up to three (3) days.

H.    In the event that a teacher goes home sick during the course of a school day, the Principal may assign another teacher to cover the absent teacher's class without additional compensation, provided that no deduction is made from the absent teacher's sick leave.

ARTICLE VI CLASS SIZE

A.    1.             The following are desirable number of pupils per class period:

a)     Kindergarten                                                                      25

b)     Elementary                                                                        25

c)     Grades 6-12

Academic Subjects                                                         25

Science Labs                                                                    24

Technology Ed                                                                18

Art                                                                                      24

Family and Consumer Science                                     24

Physical Education/Health                                            30

Academic subjects will be defined as English, Math, Science, Social Studies, World Languages and Business Education.

2.     In Section 1. (c) above, the total number of pupils assigned to a teacher will not exceed a maximum of 120. For the purposes of this section, Physical Education and Music will be excluded from calculations of teacher load.

Where multiple classes exist at a given elementary grade level within a school building, the School Committee will make a reasonable effort to have similar numbers of students in classes at each grade level within that school building at the beginning of the school year.

B.    Exceptions to the provisions of Section A. above may be made only if the

Superintendent of Schools determines that it is necessary to do so in the best interests of the educational process. The Association will be notified, in writing, of each instance of such exception. A disagreement over whether an exception is justified may be appealed to the Committee. The determination of the Committee shall be final and no recourse to arbitration may be made from the Committee's decision.

ARTICLE VII NON-TEACHING DUTIES

A.    Teachers shall not be required to drive pupils to activities, which take place away from the school building.

B.    It is agreed by the parties to this Agreement that teachers shall not be required to collect money for any other purposes other than those presently in existence, unless negotiations are conducted. Teachers shall not be responsible for any monies lost, not caused by their negligence, while performing their duties.

ARTICLE VIII TEACHER EMPLOYMENT

A.    Upon initial employment full credit, not to exceed ten (10) years, may be given only for previous outside teaching or related experience, including relevant experience in accredited private schools. Credit for experience in excess of ten (10) years may be granted only upon the express recommendation of the Superintendent of Schools and approved by the Committee.

B.    Teachers with previous teaching experience in the Duxbury Public Schools will, upon returning to the Duxbury Public Schools, receive full credit on the salary schedule for all outside teaching experience, military experience and Peace Corps work. Teachers who have not been engaged in teaching on a full-time basis will, upon returning to the Duxbury Public Schools, be restored to the next position on the salary schedule above that at which they left.

Teachers who return having been out of teaching for a total of three (3) or more years, may be placed at the minimum of the then existing salary schedule.

C.    Notwithstanding any other provision of this Agreement to the contrary, all employees who begin working on or after July 1, 1997 shall be required to take the Understanding

Teaching I course, unless proof of prior completion of said course is provided. The requirement must be disclosed during the interview process and may not be imposed during the first year of employment in Duxbury. Teachers who are on Professional Improvement Plans may be required to take the Understanding I course.

ARTICLE IX TEACHER ASSIGNMENT

A.    Teachers will be notified in writing of their programs for the coming school year, including the schools to which they will be assigned, the grades and/or disciplines that they will teach, and any special or unusual classes that they will have, as soon as practicable, not later than the close of school; however, this section shall not be applicable if extraordinary circumstances outside of the control of the Committee make such implementation impossible. Then, in such event, an affected teacher will be notified as soon as practicable.

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

C.    To the extent possible, changes in grade assignments in the elementary schools and in discipline assignment in grades 6-12, will be voluntary.

D.    If there are no volunteers for a reassignment, then all things being equal as determined by the Superintendent, assignments will be accomplished by seniority. The least senior teacher within the discipline or grade level will be the first reassigned.

ARTICLE X PART-TIME TEACHERS

A.    Part-time teachers are defined as those who are scheduled to work fewer hours per day or per week than full-time teachers. Part-time teachers will attend the teacher orientations, planning, conferences, workshops or staff meetings described in Article V, Section A. On teaching days, part-time teaches will attend workshops, conferences, committee meetings and faculty meetings, which occur during the time when the part-time teachers are scheduled to be at work. When part-time teachers are required to attend these activities outside of their normally scheduled working time, they will be compensated on a prorated basis for the additional time based on total number of days scheduled to be worked during the teacher work year involved.

B.    Except as specified to the contrary, part-time teachers are entitled to all the salary, rights and benefits, and conditions of full-time teachers under the terms of this agreement. See also Article XXXI, Section A.1.a.

C.    Each part-time teacher will receive in writing a statement showing the percent of full­ time status for which the teacher has been employed. The percent of full-time status will then be applied to the full-time salary schedule to determine a yearly salary.

D.    Part-time teachers are entitled to equal application of all sections of Articles XVII, XX, and XXI. The computation of benefits for these three articles is as follows: A part-time teacher is entitled to that portion of the number of benefit days in relation to the percentage of full-time status for which the teacher has been employed. For example, a teacher who is employed in a 60% (.6) assignment is entitled to 60% (.6) of the benefit days referred to in any section.

E.    A part-time teacher will advance one full step on the full-time salary schedule for each part-time year that he/she teaches.

F.     Part-time teachers who are employed 50% (.5) or more of full-time are entitled to full coverage of the Town of Duxbury's Health and Life Insurance Plans.

ARTICLE XI TEACHER TRANSFERS

A.    Any teacher may request of his/her principal, or of the Superintendent, a transfer to another grade, school or department. If there are two or more volunteers deemed equally qualified as determined by the Superintendent for the same position, seniority shall be the determining factor. When a reduction in the number of teachers in a school is necessary, volunteers should be transferred first.

B.    In making transfers, the conveniences and wishes of the individual teacher will be honored to the extent that these do not conflict with the best interests of the school system and the pupils.

ARTICLE XII VACANCIES AND PROMOTIONS

In the event a vacancy in a position covered by this Agreement occurs during the term of this Agreement, the parties agree that:

A.    If the Committee determines to fill a vacancy or establish a new classification within the bargaining unit covered by this Agreement, then,

1.       The Superintendent shall post a notice on the Association's bulletin board in each school. The notice shall set forth the qualification for the positions, and its duties. If applicable, the rate of compensation will be shown.

2.       Applications for the vacancy shall be submitted, in writing, to the Superintendent no later than ten (10) school days from the date of posting.

3.       The Superintendent shall render his/her decision on the application as soon as possible following the final date for submission of applications.

4.       During non-school months, the Superintendent shall send written notice of the vacancy to the Association President and designated building representatives. In addition, notification shall be posted in the Superintendent's office for at least fourteen (14) days before the close of applications for the position.

a)       Written applications shall be submitted by the individual teacher and/or Association, no later than seven (7) calendar days from the date of receipt of such notice by the Association.

b)       However, if a vacancy occurs after August 10, the position may be filled by the Superintendent notwithstanding the provisions of the article. The Association must be informed in writing of positions filled under this article.

5.     The vacancy may be filled on a temporary basis from the date of the vacancy until appointment is made.

6.     A vacancy in a regular teaching position, which occurs during the school year, may be filled temporarily by the Superintendent for the duration of said school year. However, if such temporary assignment is made, at the completion of the school year said position shall be posted in accordance with this article.

B.    All qualified teachers will be given adequate opportunity to make application for such positions, in accordance with the provisions of A.1. above The Superintendent agrees to give consideration to the professional background and attainments of all applicants, the length of time each has been in the Duxbury Public Schools and other relevant factors. In filling such vacancies, preference should be given to qualified teachers already employed by the Committee, and each teacher not selected will, upon request, receive an explanation from the Superintendent.

ARTICLE XIII POSITION IN SUMMER SCHOOL, ADULT AND COMMUNITY EDUCATION, AND OTHER EMPLOYMENT OPPORTUNITIES

A.    All openings for Summer School and Adult and Community Education positions and for positions under Federal programs will be posted by the Superintendent on the Association bulletin board in each school building as early as possible and teachers will submit applications within ten (10) days and will be notified of the action taken regarding their applications as early as possible. Under normal circumstances, Summer School and Adult and Community Education openings will be publicized not later than the preceding March 1 and June 1 respectively and teachers will be notified of the action taken not later than May 1 and the opening of school respectively.

B.    Positions in the Summer School and Adult and Community Education and positions under Federal programs will, to the extent possible, be filled first by regularly appointed teachers in the Duxbury Public Schools.

C.    In filling such positions, consideration will be given to a teacher's area of competence, major and/or minor field of study, quality of teaching performance, attendance record, length of service in the Duxbury Public Schools and, in regard to Summer School or Adult and Community Education positions, previous Duxbury Summer School or Adult and Community Education teaching experience.

D.    Other opportunities for employment in the school department for positions not requiring a teaching certificate will be posted on the bulletin board in each school. Postings are not made for daily substitutes or similar occasional employment.

ARTICLE XIV TEACHER EVALUATION

The performance standards dated 9/1/97 for Teachers, Nurses, School Psychologists, Guidance Counselors and Department Heads/K-12 Coordinators are incorporated into and made a part of the Agreement as Appendix F-1, F-2, F-3, F-4, F-5.

A. All monitoring or observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher. Teachers will be given a copy of an evaluation report prepared by their supervisors and will have the right to discuss such reports with their supervisors.

B.    1.             Teachers will have the right, upon written request, to review the contents of their personnel file or any other file. A teacher will be entitled to have a representative of the Association accompany him/her during such a review.

2.    No material derogatory to a teacher's conduct, service, character or personality will be placed in his/her personnel file, or any other file, unless the teacher has had the 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.

C.    Any complaints regarding a teacher made to any member of the Committee or the Administration by any parent, student, or other person as a result of which any action concerning the teacher is contemplated will be called to the attention of the teacher within five (5) school days.

D.    The Association recognizes the authority and responsibility of the Principal for disciplining or reprimanding a teacher for delinquency of professional performance. If a teacher is to be disciplined or reprimanded formally by a member of the Administration above the level of the Principal however, he/she will be entitled to have an appropriate representative of the Association present.

E.    No teacher will be disciplined, reprimanded, reduced in rank or compensation or deprived of any professional advantage without just cause. However, this section shall not prohibit the Superintendent in exercising his/her right not to renew the employment of teachers without professional teacher status.

F.     It shall be the responsibility of the Administrators of the various schools to evaluate all personnel performing any professional duties.

G.    The Superintendent and representatives of the DTA will meet to discuss any proposed changes in the procedures for evaluating teachers and except as otherwise provided for M.G.L. c. 71, s. 38, any agreed upon changes are subject to ratification by the DTA and the Committee.

ARTICLE XV TEACHER FACILITIES

A.    Each school will have the following facilities in so far as budget monies are available:

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

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

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

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

5.      A communication system so that teachers can communicate with the main building office from their classroom.

6.       A well-lighted and clean male teacher rest room and a well-lighted and clean female rest room.

7.       A separate, private dining area for the use of the teachers apart from the students.

8.       The Committee will make every effort to provide working space and storage space for teachers and resource centers in the various academic fields.

9.       A telephone will be installed in each teacher lounge at the Committee's expense. The Committee will assume the basic monthly rate, and the Association will reimburse the Committee for all toll charges.

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

ARTICLE XVI USE OF SCHOOL FACILITIES

A.    The Association will have the right to use school buildings without cost at reasonable times for meetings. The Superintendent shall be notified in advance of the time and place.

B.    There will be one (1) bulletin board in each school building, which will be placed in the faculty lounge, for the purpose of displaying notices, circulars and other Association material.

All Association notices shall be signed by the appropriate Association representative.

C.    No teacher will be prevented from wearing pins or other identification of membership in the Association or any other teaching organization.

ARTICLE XVII EMERGENCY LEAVE

A.    To provide for absence due to illness, disability, personal reasons, or family illness, new teachers will be entitled to fifteen (15) emergency leave days each year of the agreement cumulative to one hundred eighty-five (185) days as of the first official day of the school year, if they report for duty on that day; and provided further said teacher reports for work during the school year.

B.    A teacher with prior experience in the Duxbury Public Schools will be entitled to fifteen (15) emergency leave days, cumulative to one hundred eighty-five (185) days, as of the first official day of the school year.

C.    By October 15 of each year, teachers will be notified in writing of the amount of accumulated emergency leave as of September 1.

D.    Teachers covered by this agreement shall be entitled to two (2) days of absence with pay for personal reasons each school year, provided however, that such personal leave day is not the day before or after a vacation or holiday and that such day is not for the personal pleasure of the teacher. This restriction shall not apply to college and university graduations of the teacher, his/her spouse and/or children. Such personal days shall be deducted from accumulated emergency leave days. Although no reason need to be given for such personal leave day, written notice must be given to the Superintendent by the teacher at least 48 hours before the day such leave is to be taken. In the event of an emergency situation, the 48-hour notice may be waived by the Superintendent or his/her designee.

E.    Disability due to child bearing shall qualify as emergency leave provided the female employee submits written certification from her attending physician that she is physically disabled from performing her work as a result of the pregnancy and birth. (See also Article XIX, Section F.)

F.     Teachers covered by the Agreement will be granted up to fifteen (15) days of absence with pay each school year, in the event of serious illness which requires the bedside presence or household attention, of the teacher's spouse, parent, child, parent-in-law or a person residing in the teacher's household. Absences incurred pursuant to this section shall be deducted from accumulated emergency leave days.

G.    A teacher residing outside of Duxbury, who is not able to come to school because of travel conditions due to snow or ice, may request that the day be counted as a day of emergency leave. Requests will be made to the building principal. No such request will be unreasonably denied.

H.    Excessive absenteeism or an unusual pattern of absences (including absences prior to or following a holiday, school vacation period, weekend or leave) may warrant a request for an explicit explanation to the Superintendent. If the record of absences incurred pursuant to this article so indicates, a certification of health status by the teacher's physician may be required.

I.     No teacher will be required to arrange for his/her own substitute coverage.

J.     Sick Leave Bank

A sick leave bank shall be established whereby members of the bargaining unit with at least one full year of employment in the Duxbury Public Schools may deposit one day of the sick leave to which they are entitled each year. Members who have a protracted disability and who have used up the sick leave, to which they are entitled, may apply to draw on the bank. The operation of the bank and the withdrawals therefrom shall be carried out in accordance with the following guidelines:

1.       All deposits to the sick leave bank are to be voluntary.

2.       The first time an eligible member wishes to participate in the bank and make a deposit therein, s/he must submit a written request to do so during the annual enrollment period of September 1 through October 15. Thereafter, in subsequent years, a deduction and corresponding contribution of one (1) sick day shall automatically be made on the member’s behalf unless a written request to no longer participate is timely made during said annual enrollment period. In the event of withdrawal from the bank, no more sick days shall be deducted or deposited on the member’s behalf and he/she will NOT be eligible to make any withdrawals. Re-enrollment may be accomplished by submission of a written request to participate as if for the first time.

3.       Only those who deposit to the bank may be permitted to withdraw from the bank.

4.       The Sick Leave Bank shall be administered by a Sick Leave Bank Committee consisting of two (2) members designated by the Association and two (2) members designated by the Committee. A fifth member of the Sick Leave Bank Committee will be elected by the unanimous vote of the four members. In order for the SLBC to make decisions, all members of the SLBC must be present at the SLBC meeting. Utilization of the bank shall be subject to the following conditions:

a.     Sick leave bank days may be granted only for the applicant’s personal illness or accident.

b.     Complete usage of all accumulated or accrued sick leave.

c.     There must not have been any disciplinary action beyond a written reprimand for sick leave abuse within the three (3) calendar years prior to the application for sick leave bank benefits. The SLBC may also consider the propriety of use of previous sick leave.

d.     A qualified physician’s statement certifying the disability, illness or accident together with any appropriate medical evidence the SLBC deems relevant and necessary to its decision (to be submitted, preferably, with the application requesting bank days and any renewal thereof; the SLBC may not act without submission of a physician’s statement). All parties agree that such information shall be treated as highly personal and confidential.

e.     The number of days requested from the bank must be specified at the time of the initial request. The initial grant shall not exceed fifteen (15) school days.

f.     Upon completion of the initial grant, additional grants, not to exceed fifteen (15) school days, shall require additional adequate medical evidence. A member of the bank may be granted a maximum number of bank days over either a three (3) or five (5) school year period, based upon the total bank days granted in the first school year such days are received by the member (“the initial grant year”) as follows:

1.       If a member receives less than ninety (90) bank days in the initial grant year, then in the three (3) calendar year period immediately following the date the first bank day was granted, s/he may be granted up to a maximum of one hundred and eighty (180) bank days, inclusive of all days granted in the initial grant year.

2.       If a member receives ninety (90) or more bank days in the initial grant year, then in the five (5) year period immediately following the date the first bank day was granted, s/he may be granted up to a maximum of one hundred eighty (180) bank days, inclusive of all days granted in the initial grant year.

3.       At the expiration of either the three (3) or five (5) year period, whichever is applicable, a member shall be eligible for a new grant of days as if no bank days had been granted previously.

g.     No days may be withdrawn from the bank for use for any other reason than disability of the teacher.

h.     The decision of the Sick Leave Bank Committee shall not be subject to appeal.

i.      The Association and the SLBC agree to meet with the School Committee upon request to discuss any matter pertaining to the administration of the bank.

j.      In administering the bank, the SLBC may consider a recipient’s undue delay in processing retirement or other termination of employment on account of disability or illness and may re-consider, at any time, a prior grant of bank days.

5.       If the sick leave bank becomes exhausted, it shall be renewed by the contribution of one (1) additional day of sick leave by each member of the sick leave bank. A maximum of two (2) days per year may be contributed.

6.       The number of unused days left in the bank will be cumulative to five hundred and forty (540) days in the next contractual year. Until the total accumulation goes below the five hundred and forty (540) days, the members who have donated days will not be obligated to donate any additional days to belong to the SLB.

7.       If a member has exhausted his/her personal accumulated sick leave at the time of the request for additional days, the member may elect to remain a member of the SLB by agreeing to contribute two (2) days the next school year.

K.    A written request for a paid emergency leave day to be taken the day before or after a vacation or holiday shall be submitted to the superintendent and may be granted at the sole discretion of the superintendent.

ARTICLE XVIII LONGEVITY INCREMENTS

A.    Teachers covered by this Agreement shall be granted longevity payments for continuous teaching service in the Town of Duxbury according to the following provisions:

1.     Plan A

After 15 years                   $400

After 18 years                   $650 Total

After 21 years                   $1,150 Total

2.     Plan B

Teachers who have completed 15 years of service in Duxbury may elect longevity payments in the amount of thirty-five hundred ($3,500) dollars per year for the three consecutive years following the member’s application and acceptance under this provision of Article XVIII.

Teachers who have completed 20 years of service in Duxbury may elect longevity payments in the amount of forty-five hundred ($4,500) dollars per year for the three consecutive years following the member’s application and acceptance under this provision of Article XVIII.

B.    Longevity payments specified in Plan A of this article will cease upon application and acceptance into Longevity Plan B. No member who is receiving or has received payments under Longevity Plan B shall receive payments under Longevity Plan A. Discontinuation in Longevity Plan A shall become effective on September 1 of the school year in which the member receives his/her payment of Longevity Plan B.

C.    Teachers shall be allowed to elect and accept plan B only once during their employment with the Duxbury School Department.

D.    Application for Longevity Plan B shall be submitted to the Superintendent on or before February 5 for participation during the following three (3) school years.

E.    Participation in Longevity Plan B is irrevocable after receipt of notification of acceptance into the plan.

F.     Payments due pursuant to this Article will continue to be made if a teacher resigns or retires in accordance with the payment schedule that would have been in effect if the teacher had remained in active service or sooner at the employer’s discretion.

ARTICLE XIX OTHER LEAVES

A.    With the prior approval of the Superintendent, teachers covered by this Agreement may be granted at least one (1) day leave of absence with pay for the purpose of visiting other schools or attending meetings or conferences of an educational nature.

B.    With prior approval of the Superintendent, official delegates of the Association may be granted the time necessary, with pay, to attend the Massachusetts Teachers Association Annual Convention. The Duxbury Teachers' Association shall pay for any substitute teacher costs incurred under this provision of the Agreement.

C.    A teacher covered by the Agreement will be granted the time necessary, with pay, for jury duty or appearances in any legal proceedings; provided, however, that such appearances are as the result of being subpoenaed by a court of competent jurisdiction. A teacher who is paid for jury duty will report such compensation immediately to the Superintendent/designee in order that an equal amount may be deducted from the teacher's pay.

D.    Funeral Leave. Up to five (5) consecutive school days at any one time, including the day of the funeral, will be granted to a teacher covered by the Agreement in the event of the death of a spouse, child, parent, brother, sister, or immediate member of the teacher's household.

Up to three (3) consecutive school days, including the day of the funeral, at any one time, chargeable to the teacher's accumulated emergency leave days, provided there are sufficient days of accumulated emergency leave, will be granted to a teacher in the event of the death of the teacher's mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild.

E.    A maximum of ten (10) days leave per school year shall be allowed for any teacher called into temporary active duty of any unit of the U.S. Reserves or the State National Guard, provided such obligations cannot be fulfilled on days when school is not in session. Teachers will be paid the difference between their regular pay and the pay which they receive from the State or Federal Government.

F.     Child-Bearing Leave. A teacher may apply for a child-bearing leave without pay for up to the statutory limit of eight (8) weeks provided the female employee (see also Article XVII, Section E):

1.       Has completed ninety (90) consecutive working days in the school system

2.       Provides the Superintendent with a written certification from her attending physician two (2) weeks prior to the commencement of her leave as to the expected date of delivery, of her ability to perform her normal duties, and of her intention to return to service at the end of such leave

G.    Adoption. A teacher who legally adopts a child may apply for an unpaid adoption leave of up to eight (8) weeks.

H.    Teachers covered by this Agreement shall be entitled to three (3) religious holidays with pay during each school year. Teachers desiring to take such leave shall give written notice to the Superintendent at least 48 hours prior to such leave.

I.     No teacher will be required to arrange for his/her own substitute coverage.

J.     When the extraordinary needs of a specific employee covered by this agreement so indicate, the Superintendent may request that the Committee approve a waiver of the limitations of the provisions of Article XVII or Article XIX. The President of the Duxbury Teachers' Association shall be informed in advance by the Superintendent of such requests so that the Association can make its position known to the Superintendent prior to any action. The decision of the Committee shall be final and no recourse to grievance or arbitration shall be made from the Committee's decision.

ARTICLE XX LEAVES OF ABSENCE

A.    The Committee agrees that one (1) teacher, on professional teacher status, designated by the Association, per contract year, will, upon reasonable request, be granted a leave of absence for no more than two (2) years, without pay, for the purpose of engaging in Association (local, state or national) activities. Upon return from such leave, the teacher will be considered as if he/she were actively employed by the Committee and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent on said leave.

It is agreed between the parties to this Agreement, that if a teacher who takes a leave of absence pursuant to this section does not return at the end of two (2) years, said teacher will be presumed to have resigned from the Duxbury Public Schools.

B.    A leave of absence without pay of up to two (2) years will be granted to one (1) teacher with professional teacher status, per school year, for the purpose of joining the Action Corps, or serving as a teacher in an exchange program approved by the Superintendent, provided said teacher is a full-time participant in either of the aforescribed programs. Upon return from such leave, a teacher will be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been absent on said leave.

It is agreed between the parties to the Agreement, that if a teacher who takes a leave of absence pursuant to this section does not return at the end of two (2) years, said teacher will be presumed to have resigned from the Duxbury Public Schools.

C.    Military leave without pay will be granted to any teacher, with professional teacher status, upon said teacher's initial induction or enlistment in any branch of the armed forces of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level he/she would have achieved had he/she remained actively employed in the system during the period of his/her absences, up to a maximum of three (3) years.

D.    Child-Rearing Leave. The Committee will grant a leave of absence without pay or increment for up to two (2) years for the purpose of childrearing to a teacher with professional teacher status who requests such leave in writing to the Superintendent at least four (4) weeks prior to requested date for the commencement of such leave. A teacher on leave under this section shall advise the Superintendent, in writing, on or before February 5 of any year, of his/her intention to return to work the following school year. In the event of a leave pursuant to this section being granted to a teacher during the course of a school year, said teacher will be granted and take the leave for the remaining portion of the school year and shall not return, at least until the commencement of the next school year, unless said requirement is specifically waived by the Superintendent.

E.    The Superintendent, in his/her discretion, may grant a leave of absence, without pay or increment, to any teacher to campaign for, or serve in, any elected public office.

F.     After five (5) years' continuous employment in the Duxbury Public Schools a teacher may be granted a leave of absence, without pay, for up to one (1) year for health reasons. Requests for such leave will be supported by appropriate medical evidence.

G.    Any teacher whose personal illness extends beyond the period compensated will be granted a leave of absence, without pay or increment, for a period of no more than two (2) years.

H.    Other leaves of absence, without pay, may be granted by the Superintendent in the exercise of his/her sole discretion.

I.     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 return, and he/she will be assigned to the same position he/she held at the time said leave commenced, if available, or, if not, a substantially equivalent position.

J.     All requests for extension of any leave of absence under this article will be applied for in writing on or before February 5 of any year. The action of the Superintendent on such requests will be communicated to the applicant in writing.

K.    A teacher on leave under the provisions of this article shall advise the Superintendent, in writing on or before February 5 of any year, of his/her intentions to return to work the first day of the following school year (except Section G above). If a teacher fails to so notify the Superintendent, he/she shall be presumed to have resigned from the Duxbury Public Schools.

ARTICLE XXI SABBATICAL LEAVES

Upon recommendation by the Superintendent, sabbatical leaves may be granted for study which, in the opinion of the Superintendent, will be beneficial to the Duxbury Public Schools to a member of the teaching staff by the Committee subject to the following conditions:

1.       No more than one (1) teacher from the Duxbury Public Schools will be absent on sabbatical leave at any one time.

2.       Requests for sabbatical leave must be received by the Superintendent, in writing, in such form as may be required by the Superintendent, on or before October 31, and action must be taken on all such requests on or before April 1 of the school year preceding the school year for which the sabbatical leave is requested.

3.       The teacher has completed at least seven (7) consecutive full school years of service in the Duxbury Public Schools.

4.       Teachers on sabbatical leave will be paid at two-thirds of their regular salary rate, provided that such pay, when added to any program grant, will not exceed the regular salary rate.

5.       The teacher will agree to return to employment in the Duxbury Public Schools at least two (2) full years following the expiration of the sabbatical leave period.

6.       A teacher who does not fulfill this agreement shall repay to the Town of Duxbury a sum bearing the same ratio to the amount of salary received while on sabbatical leave that the unfulfilled portion of the two (2) subsequent years' service bears to the full two (2) years; provided, however, that the teacher shall be released from such payment if his/her failure to serve the two (2) years stipulated be due to his illness, disability, or death, or if he/she be discharged from his/her service by the Superintendent. A teacher returning from sabbatical leave shall be placed on the step of the salary schedule that he/she would have attained had he/she remained in the Duxbury Public Schools, and shall be eligible for insurance benefits while on leave. His/her rights to any other position held shall be protected during his/her leave.

ARTICLE XXII PROFESSIONAL DEVELOPMENT AND EDUCATIONAL DEVELOPMENT

A.    The Committee will grant financial assistance to teachers covered by this agreement who pursue advanced study under the following terms and conditions:

1.             Criteria:

Courses which are relevant to a teacher's current assignment and courses in areas of high priority to the Duxbury Public Schools are normally approved by the Superintendent. Prior written approval is required on a form available from the Superintendent's office. Courses not normally approved include: a) courses not sufficiently related to a teacher's current assignment; b) courses for which credit is excessive in relation to the hours/effort demanded; c) retaking of courses previously taken; d) courses meeting during hours in which the applicant usually would have school duties.

a.     Teachers who are not pursuing a Master's degree, Master's plus 30 or CAGS requirement will be reimbursed for three (3) semester hours every year, provided that the specified course is relevant to strengthening performance in current discipline as determined by the Superintendent.

b.     Teachers who are pursuing a Master's degree, the Master's plus 30 requirement, or Certificate of Advanced Graduate Study (CAGS) will receive assistance for up to six (6) semester hours per school year provided that the courses taken under both of these categories are relevant to strengthening performance in current discipline as determined by the Superintendent. A teacher must submit evidence to the Superintendent's office of acceptance in a graduate program in order to be eligible.

2.     Financial Assistance:

The Committee will pay up to $225.00 per credit with a total cap of $50,000 available for the unit during each contract year. The cap is the total amount that will be expended in any contract year. Unused funds remaining at the conclusion of the fiscal year shall not accrue from year to year.

*Procedures for disbursement of funds will be mutually determined by the Association and the Committee.

a.     Assistance under this Article will be limited to tuition, registration, laboratory fees, graduate record examination and comprehensive examinations. It will not include books or transportation.

b.     Assistance will be paid to the teacher upon presentation of evidence of payment and satisfactory completion of requirements.

c.     New teachers without prior teaching experience will not be eligible for assistance until the summer next following their second consecutive year of service in the Duxbury Public Schools.

d.     All teachers in the Duxbury Public Schools shall be required to complete successfully an approved graduate level course, or at the discretion of the Superintendent with prior approval, 4.5 CEU's, prior to moving to the fourth step of the salary schedule; one (1) additional approved graduate level course prior to moving to the seventh step of the salary schedule; and one (1) additional approved graduate level course prior to moving to the tenth step of the salary schedule. Such courses must be successfully completed on or before July 1 preceding the school year in which the teacher expects to move to the fourth, seventh, or tenth step of the salary schedule.

e.     With the written prior approval of the Superintendent, teachers may satisfy the requirements of (d) above by taking a course, which shall be offered from time to time by the Committee.

f.     Subject to the written prior approval of the Superintendent and Committee, a teacher may arrange a substitute program of study of no less than thirty-three (33) credit hours as an equivalent of a Master's program for those teachers for whom there exists no regular program in a specific field of study.

g.     Notwithstanding any other provision to the contrary, teachers first employed after July 1, 1997, or as part of a "Professional Improvement Plan" may be required to take the "Understanding Teaching I" course provided that this requirement was disclosed to the new teacher at the time of initial employment. The school department will pay the cost of tuition, books, and materials. Tuition reimbursement may be used for the cost of receiving college credit for this program.

Other teachers who choose to receive college credit for a Research for Better Teaching (RBT) course provided at Duxbury Public Schools expense, will be reimbursed for the difference between the cost of the tuition, books and materials, and the contractual benefit ($675).

B.            The Superintendent will establish educational development projects. The

Superintendent shall determine the content of such projects and in his/her discretion may recommend approval of such projects for increment credit on the basic salary schedule.

C.    Each year of this Agreement, $20,000 will be budgeted as a teacher's professional development fund. The purpose of this fund will be to foster personal and group growth and development. Members of the teachers' unit, individually or collectively, may submit proposals to the Superintendent, on a form available from the Superintendent's office, who may approve funding of specific projects or activities under the provisions of this section.

D.    As budgeted funds are available, the Superintendent may, from time to time distribute monies to teachers based upon any of the following criteria:

1.     Teacher training

a.     Acting as cooperating practitioners with college students training to become teachers.

b.     Serving as a resource for new teachers within schools and districts.

c.     Assisting in the development of staff development plans for the Duxbury Public Schools.

2.     Curriculum/program development

a.   Developing small-scale curriculum projects.

b.   Participating in school-based or district-wide curriculum review and revision programs.

c.    Developing programs to improve school climate.

3.     Special assistance to dropouts or potential dropouts

a.   Developing school programs designed to decrease the dropout rate.

b.   Developing programs to advise students of career and alternative educational opportunities.

c.    Working with parents of children with high truancy rates.

4.     Inservice instruction and consultancy

a.   Advising and assisting other teachers in the use of new education technologies.

b.   Conducting research within the school district.

c.    Leading colloquia within school districts.

d.   Serving as liaison with other agencies.

5.     Development and evaluation of teaching resources

a.   Conducting pilot programs using new teaching materials and techniques in the classroom.

b.   Developing new resources for use within local school districts.

c.    Advising school districts on the selection of textbooks and other materials.

6.     School-home-community liaison

a.   Offering assistance to parents/guardians in school-related matters.

b.   Keeping other teachers aware of students with particular home problems.

c.    Establishing parent/family education programs.

d.   Coordinating school-community programs.

e.    Assisting Duxbury School Councils.

7.     All payments made to Bargaining Unit members (any individuals performing functions within this section) will be communicated in writing to the Association President and Vice President within thirty days of payment.

E.    Professional days may be approved to allow teachers to participate as presenters or in other professional activities such as AP test correction. If any honorarium is provided the teacher shall donate to the Duxbury Public Schools that portion of the honorarium, which is received for services provided during any hours that the teacher would normally be in school.

ARTICLE XXIII PROTECTION

A.    Teachers will immediately submit to the Superintendent written reports of an affray, assault, and/or battery in connection with their employment in which they have been involved.

B.    The Committee will provide indemnification and legal counsel to the extent permitted in accordance with the requirements of Chapter 258 of the Massachusetts General Laws.

ARTICLE XXIV PERSONAL INJURY BENEFITS

A.    Whenever a teacher is absent from school as a result of a personal injury (caused by an accident or assault) occurring in the course of his/her employment, he/she will be paid his/her full salary (less the amount of any worker's compensation award made for temporary absence due to said injury) for the period of such absence, provided, however, that such difference shall be chargeable to sick leave on a fractional day basis. Teachers who receive on-the-job injuries must report said injuries to their Building Principals as soon as possible. If said injury is covered by Worker's Compensation, then the teacher will reimburse the Committee the amount received from Worker's Compensation for any amounts paid by the Committee.

B.    The Committee will reimburse teacher for:

1.     Any clothing or other personal property damaged or destroyed in the course of his/her employment not caused by the negligence of the teacher.

ARTICLE XXV INSURANCE AND ANNUITY PLAN

A.    The Committee will pay seventy five percent (75%) of the following types of insurance coverage:

1.      A $2000 term life insurance plan of the type presently available to teachers.

2.      Individual or family coverage, whichever applies in the particular case, for Blue Cross and Blue Shield of the type presently available to teachers.

B.    Teachers will be eligible to participate in a "tax sheltered" Annuity Plan established pursuant to the United States Public Law No. 87-370, provided said companies are on an approved list prepared by the Superintendent. Clerical fees assessed to companies will be as follows: $100 start-up fee for a new company and $40 annual fee for a continuing company. If an existing approved carrier refuses to pay an assessed fee, the Committee agrees that said carrier would remain an approved carrier so long as any participant of effective date of the contract is utilizing said carrier.

C.    Teachers will be eligible to participate in credit union payroll deduction plans.

D.    Teachers will be eligible to participate in any "Flexible Benefit" programs according to Section 125 of the Internal Revenue Code and other state and federal statutes and/or regulations which are adopted and implemented by the Town of Duxbury.

E.    The Committee will work with the Town in an effort to provide for deductions for participation in a group dental program. Employees who elect to participate shall be responsible for one hundred percent (100%) of the cost of the premiums involved.

F.     Effective July 2006, the Town will be adding a PPO plan offering to the health insurance plans offered to all town employees. The plan will have a higher co-pay ($10 per office visit); a three-tier drug co-pay schedule ($10/$20/$35); and emergency room will be $50.

Effective July 1, 2007, employee co-pays for office visits will be $10 per visit; drug co-pays will be $10/$20/$35; and emergency room will be $50.

ARTICLE XXVI TEXTBOOKS AND INSTRUCTIONAL MATERIAL

A.    The Committee guarantees that it will continue to provide sufficient textbooks or suitable teaching materials to ensure that each pupil in a classroom has such for his/her own use.

B.    Before the Administration changes a textbook or selects a new textbook it will notify the Department Head concerned that it is considering such a change or selection. The Department Head and the Administration shall meet to discuss said change or selection provided the Department Head files a written request for such meeting with the Administration within five (5) days after receipt of said notice. If the Department Head wishes to initiate discussion over a change in a textbook or the selection of a new textbook, he/she will file written notice with the Administration of his/her wish.

The Administration will acknowledge receipt of said request within five (5) days thereafter, and meet with the Department Head to discuss said change or selection.

Any dispute arising over the change of a textbook or the selection of new textbooks will not be subject to the provisions of this Agreement relative to the grievance or arbitration procedures.

C.    The Department Head may recommend a textbook change or select a new textbook. Members of the department involved will have the right to meet and discuss these changes and selections.

D.    An Elementary School Principal shall consult with his/her staff before a new textbook is finally selected.

ARTICLE XXVII DUES DEDUCTION

A.    The Committee agrees to deduct from the salaries of its employees dues for the Duxbury Teachers' Association, Massachusetts Teachers' Association or the National Education Association, or any one of such Associations, as said teacher individually and voluntarily authorized the Committee to deduct, and to transmit the monies promptly to the Treasurer of the Duxbury Teachers' Association. Teacher authorizations will be in writing in the form set forth below:

PAYROLL DEDUCTION AUTHORIZATION FORM

FOR MEMBERS OF THE DUXBURY TEACHERS' ASSOCIATION

In accordance with Chapter 175 of the Acts of l962, I hereby authorize the Duxbury Town Treasurer to deduct my professional dues annually, until further notice, for membership in:

Duxbury Teachers' Association and the

Massachusetts Teachers' Association

National Education Association

The deductions shall be in twenty (20) approximately equal installments beginning with the second payroll and shall be remitted to the Treasurer of the Duxbury Teachers' Association.

In accordance with Chapter l75 of the Acts of l962, Chapter 180 of the General Laws, I agree that at least sixty (60) days' notice, in writing, shall be given to the Committee in order to withdraw this authorization.

I agree that the total amount to be withheld shall be $ ____________

Date: ____________ Signature: ____________

Copy to: Member, Duxbury Teachers' Association Treasurer, Town of Duxbury Treasurer

B.    No later than one week prior to the issuance of the third paycheck, the Association will provide the Committee with a list of those employees who have voluntarily authorized the Committee to deduct dues and advise the Committee monthly of any changes in said list. Any teacher desiring to have the Committee discontinue deductions he/she has previously authorized, must notify the Committee and the Association concerned in writing on or before September 30 of each year for that school year's dues.

C.    1.     The Committee agrees to require, as a condition of employment, that all employees covered by this Agreement, except those employees certified as members to the Committee by the Association, pay by dues deduction to the Association, an Agency Fee as determined in accordance with the applicable Rules and Regulations of the Labor Relations Committee relative to the Agency Service Fee. Said amount will be certified annually to the Committee by the Association. To become a member and remain a member in good standing of the exclusive bargaining agent, an employee must become a member and remain a member in good standing of the Duxbury Teachers’ Association, Massachusetts Teachers’ Association, and the National Education Association.

2.     Notwithstanding Section 1 above, employees covered by this Agreement, shall, upon the operative date of this Section, have the following options:

a.     Payment of annual dues by authorized dues deductions payments.

b.     Payment of Agency Fee by authorized dues deductions payments.

c.     Cash payment, equal to that amount certified as the Agency Fee, to the Duxbury Teachers’ Association Scholarship Fund or the Duxbury Education Foundation on or before June 30 of each school year.

3.       The Association agrees to indemnify, hold harmless, and defend the Committee against any and all claims, suits, or other forms of liability arising out of the deduction of said Agency Service Fee from an employee’s pay, or out of application to this Section. The Association shall assume full responsibility for the disposition of the monies so deducted once they have been released to the Treasurer of the Association. Said Treasurer shall provide to the committee any information that may be required pursuant to the Massachusetts General Laws, Chapter 180, Section 17G.

4.       Notwithstanding any provision of this Article or Collective Bargaining Agreement to the contrary, neither the Committee nor any member of the Administration will be required to take any action to compel an employee to pay to the Association the Agency Fee provided for herein; nor shall any employee be disciplined or discharged as a result of his/her failure to make any payment provided for in this Article.

ARTICLE XXVIII GENERAL

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

B.    When it is necessary, pursuant to the Grievance Procedure, for an appropriate representative of the Association to investigate a grievance during the school day, he/she shall notify the Superintendent of the need to do so and will be excused, with pay, for such purposes, provided that there is no interference with the educational process. The Superintendent shall have the sole discretion to make such determination.

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

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

E.    The Committee will, upon written request, make available any documents in its possession which will assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, or any available information which may be necessary for the Association to process grievances under this Agreement.

F.     The Association will be provided, when available, copies of minutes of official Committee meetings and all other printed materials that are distributed to Committee members at official meetings as soon as possible after such meetings. A copy of the official agenda of the meetings, and any attached documents, will be given to the Association prior to said meeting.

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

H.    It is agreed between the parties to this Agreement that those items which are the subject of the provisions of this Agreement shall be binding upon them. The Committee agrees that it will amend its Rules and Regulations insofar as they are inconsistent with the provisions of this Agreement.

ARTICLE XXIX CONSULTATION PROCEDURE

A.    The Committee and the Association desire to encourage the active participation of teachers in the development and implementation of the best possible educational programs for the school children of Duxbury, including State and Federal Aid programs.

B.    The Association shall have a standing committee, which may make recommendations to the Committee in regard to such programs. The Committee shall acknowledge and review such recommendations and meet periodically, but no more than four (4) times a year, with the said standing committee, to discuss them. The Association and/or the Committee may, if it so desires, utilize the services of experts and consultants and may call upon such persons to participate in said meetings.

C.    It is clearly understood and agreed that the consultation procedure described herein shall not be construed to require any party to this Agreement to consent to any change, modification, or reopening of this Agreement.

ARTICLE XXX NON-DISCRIMINATION

The Committee and the Association agree to continue their policy of not discriminating against any person on the basis of race, creed, color, national origin, sex, marital status or sexual orientation.

ARTICLE XXXI SENIORITY AND REDUCTION IN FORCE

A.    When the Committee determines that staff reductions are necessary, it shall, consistent with applicable laws, determine the order in which the number of teachers with Professional Status shall be reduced, as follows:

1.             Definitions:

a.     Length of Service: means a teacher's length of uninterrupted service in years, months and calendar days in the Duxbury Public Schools, calculated from the date of signing of the initial employment agreement. Leaves of absence of less than eight (8) weeks or for which salary credit is granted will not be considered breaks in service; however, only leaves of absence for which salary credit is granted shall be counted as years, months and calendar days for purposes of this definition. Ties in length of service shall be resolved by lot. Part-time teacher seniority shall be prorated to actual time worked: i.e. a half-day for a full year will be considered a half-year for seniority purposes. Any teacher continuing on part-time status as of September l, l987 will continue to accrue full-time seniority.

b.     Lay-off: means separation from service for a period of twenty-four (24) months from the effective date of the reduction; provided further that said teacher has waived, in writing, subsequent to receipt of a notice of reduction in force, any present or future rights to a dismissal hearing he or she may have pursuant to

Chapter 71, section 42 or 42A or Chapter 32, section 16, of the Massachusetts General Laws.

Teachers will be reduced on the basis of seniority unless the Superintendent determines that there is a significant difference in performance as evidenced by evaluation reports from up to the three (3) previous school years (including the current school year). When the Superintendent is making determinations relative to reductions in force, said determination will be made with reference to the positions (number and type), which the Superintendent has determined will exist in the subsequent school year.

c.      Recall: means the right: (1) to return to a position in the discipline from which a teacher was originally laid off, in the reverse order in which the teacher was laid off; or (2) to fill a position in another discipline for which the teacher is eligible for recall pursuant to section D below.

d.      Terminated: means dismissal pursuant to Chapter 71, section 42 or 42A of the Massachusetts General Laws.

e.      Performance: means fulfilling the expectations for teachers as defined in the evaluation policies and procedures (Appendix F).

f.      Training: means prior instruction as documented by official transcripts, teaching certificates, or other appropriate data contained in the personnel file as of the date of the notice of reduction in force.

g.      Needs of the School System: the overall requirements of the Duxbury Public Schools as determined by the Committee.

h.      Discipline: means one of the following:

DISCIPLINE

CERTIFICATE CODE

 

Art

K-12

47

Audio-Visual Media Specialist

9-12

54

Business Education

9-12

43

Distributive Education

9-12

SC-7

Elementary/Individual

 

 

Potential Resource Teacher

K-6

01

English

7-12

11

World Languages

7-12

21,23,29

Guidance

7-12

76

Health

7-12

41,42

Hearing Impaired

K-12

57,58,006

Family and Consumer Science

7-12

44

Technology Education

7-12

45

Librarian

K-12

84

Mathematics

7-12

15

Music

K-12

48

Physical Education

K-12

41

Reading

K-12

46

School Psychologist

K-12

75

Science

7-12

16,17,18,19,20

Social Studies

7-12

12,13,14

School Adjustment Counselor

K-12

75

Special Needs: Young Children with Sp Nds

N

50

Children with Severe Sp Nds

All Levels

004

Children with Moderate Sp Nds

All Levels

003

Generic Sp Nds Teacher

All Levels

002

Speech Therapist

K-12

57

*Note:  A 01 certificate is acceptable for service in an academic department in grades K-6 only.

2.      The evaluations shall be considered to be an accurate reflection of teacher performance and shall not be subject to contrary testimony except as to statements based upon fact (e.g. attendance records as opposed to questions of judgment).

3.      An arbitrator may not substitute his/her judgment for that of the Committee, but may only make a determination whether procedures have been observed.

4.      A teacher who is selected for reduction from a discipline may, if such teacher has greater length of service, displace the teacher with the shortest length of service in another discipline so long as:

a.   the displacing teacher holds a valid certificate in said discipline; and,

b.   the displacing teacher has had successful teaching experience in said discipline.

Successful teaching experience in the Duxbury Public Schools within the preceding three (3) years will strengthen the credentials of the displacing teacher. Such displacing may be disallowed by the Superintendent if the teacher to be displaced has shown superior performance, training or capacity to meet the needs of the school system in relation to the subjects to be taught.

B.            Seniority List: (See also joint memo on December 17, 1990). A list shall be prepared specifying the order of length of service of each teacher.

1.      The Seniority List shall include the areas in which a teacher is qualified and said list shall be prepared by the Committee and Association on or before November 1 of each school year.

2.      Placement on the Seniority List for disciplines in which a teacher becomes qualified subsequent to the effective date of the initial list shall be as of the date of filing of said qualifications with the Superintendent.

3.      The Association shall distribute the Seniority List to each teacher within thirty (30) calendar days after receipt of the list from the Committee.

4.      Any teacher who wishes to challenge placement on the Seniority List shall submit the challenge in writing setting forth the basis of such challenges to the President of the Association on or before January 1. Unresolved challenges shall be forwarded in writing to the Committee on or before January 15.

5.      A three person panel, consisting of a person appointed by the Committee, a person appointed by the Association, and a third person chosen by the appointed persons, shall meet to decide the validity of the unresolved challenges:

a.     This panel shall render its decision on or before February 1. A teacher who has filed a timely challenge to placement on the Seniority List, which is to be considered by this panel, shall have the opportunity to clarify his/her challenge in person before the panel.

b.    The decision of a majority of the panel will be final and binding on the teacher, the Association and the Committee.

c.    The cost, if any, of the services of the neutral member of the panel shall be borne equally by the Committee and the Association.

d.    The list as finally determined by the panel shall be the Seniority List for the purposes of this Article. In the event there are no unresolved challenges to the January 1 list, then the list, as distributed, shall be the final list.

Notification: When a Reduction in Force (RIF) is to take place, the Committee shall give written notice to the affected teacher(s) on or before June 15 preceding the effective date of the reduction, which shall be the subsequent July 1. If the teacher wishes to have layoff status rather than termination, said teacher must so notify the Superintendent, in writing, within the ten (10) days of the receipt of the written notice.

C.    Recall:

1.      If, subsequent to a RIF notice, a vacancy occurs in a discipline from which the teachers have been reduced and elected layoff status, a recall notice shall be sent via certified mail to the teacher most recently reduced from the discipline in which the vacancy exists.

2.      If there are no teachers in said discipline eligible for recall or, if all such teachers have been offered recall and there is still a vacancy, a notification of the existence of such vacancy shall be sent to the Association for distribution to teachers on layoff.

3.      Any teacher on layoff may apply to fill any vacancy and it will be filled by the teacher with the greatest length of service who is on layoff from another discipline and who is both certified and qualified to fill the vacancy (ref. A.6.b. above).

4.      If a teacher fails to notify the Superintendent, in writing, within fourteen (14) calendar days of the issuance of a recall notice, of his/her intent to accept recall, said teacher shall forfeit all rights and benefits provided for in this Agreement and it shall be presumed that said teacher has resigned from the school system. However, the provisions of this paragraph shall not result in the forfeiture of rights and benefits upon refusal to accept a fractional position.

5.      A teacher who accepts recall must commence work on the date set forth in the recall notice or within twenty-one (21) calendar days, whichever is later.

6.      A teacher who accepts recall shall have restored upon recall all benefits accrued up to June 30 of the school year in which the RIF notice was given.

7.      Teachers with recall benefits are required to keep the Superintendent and the Association informed of their current mailing address, including any temporary address where they can be reached if they will be traveling or otherwise away from their home mailing address. Teachers who have accepted layoff status shall, during the recall period, be sent copies of all notifications of vacancies issued pursuant to Article XII of this Agreement. If a teacher with recall benefits is hired for a vacancy outside of a discipline in which he/she has recall rights, he/she shall have all rights and benefits accrued up to June 30 of the school year in which the RIF notice was given restored upon rehire.

8.     The tenure status of a teacher who has been recalled shall be determined in accordance with applicable law.

9.    Teachers on layoff shall be given priority in placement as substitute teachers.

D.                   Fall Back:

1.      Employees with professional teacher status under the provisions of M.G.L. Chapter 71, section 41, who re-enter the bargaining unit described in Article l, shall be placed on the Seniority List in accordance with their previous service within that unit.

2.      Employees with professional teacher status under the provisions of M.G. L. Chapter 71, section 41, who enter the bargaining unit described in Article l for the first time shall be placed on the Seniority List before those teachers without professional teacher status and after those teachers with professional teacher status.

Article XXXII RETIREMENT

A.    A declaration of intent to retire should be filed with the Superintendent on or before February 1 of the retirement year.

B.    The Committee may offer retirement incentives pursuant to the following conditions:

1.       A written announcement of the retirement incentive will be sent to the President of the Association and to all bargaining unit members who will be completing twenty (20) or more years of service in Duxbury at the end of the school year in which an announcement is made.

2.       Eligible personnel will be given at least sixty (60) calendar days from the date of the announcement in which to submit an irrevocable written resignation to be effective without any further action by the Committee upon the close of the school year.

3.       No later than July 31 of the calendar year in which the resignation is effective, the Committee will pay each teacher who submits a resignation the amount of money set forth in the announcement as a retirement incentive.

4.       $2000 shall be paid to a teacher who notifies the superintendent by November 1st and chooses not to rescind the retirement notification by February 1st. Such payment shall be disbursed upon retirement from Duxbury pursuant to the Massachusetts Retirement System.

Memorandum of Agreement

This Agreement shall take effect on September 1, 2009 and shall remain in full force and effect until and including August 31, 2012.

IN WITNESS of this Memorandum of Agreement having been ratified by the Committee and the Association, their authorized representatives hereby affix their hands and seals.

FOR THE DUXBURY TEACHERS’ ASSOCIATION

________________________________                                         ________________________

President                                                                                           Date

FOR THE DUXBURY SCHOOL COMMITTEE

________________________________                                         ________________________

Chairman                                                                                         Date

APPENDIX A – SALARY SCHEDULE

A.      The 2009-2010 Contract Year

1.          Effective September 1, 2009, the salary schedule appearing at Appendix A-3 of the 2006-2009 Collective Bargaining shall remain in full force and effect. A copy of the September 1, 2009 salary schedule is attached hereto as Exhibit A-1.

2.          Effective the 91st day of the 2009-2010 school year, the September 1, 2009 salary schedule (Exhibit A-1) will be increased by 1%. A copy of the 2009-2010 91st day salary schedule is attached hereto as Exhibit A-2.

3.          For the 2009-2010 contract year, and notwithstanding the provisions of Article V, Section A.1 of the Parties’ Collective Bargaining Agreement, the number of work days will be no more than 185 days, with no adjustment to the salary schedules attached as Exhibits A-1 and A-2.

B.      The 2010-2011 Contract Year.

1.          Effective September 1, 2010, the salary schedule appearing at Exhibit A-2 shall remain in full force and effect. A copy of the September 1, 2010 salary schedule is attached hereto as Exhibit A-3.

2.          Effective the 91st day of the 2010-2011 school year, the September 1, 2010 salary schedule (Exhibit A-3) will be increased by 2%. A copy of the 2010-2011 91st day salary schedule is attached hereto as Exhibit A-4.

3.          For the 2010-2011 contract year, and notwithstanding the provisions of Article V, Section A.1 of the Parties’ Collective Bargaining Agreement, the number of work days will be no more than 185 days, with no adjustment to the salary schedules attached as Exhibits A-3 and A-4.

C.      The 2011-2012 Contract Year.

1.          Effective September 1, 2011, the salary schedule appearing at Exhibit A-4 shall remain in full force and effect. A copy of the September 1, 2011 salary schedule is attached hereto as Exhibit A-5.

2.          Effective the 91st day of the 2010 - 2012 school year, the September 1, 2011 salary schedule (Exhibit A-5) will be increased by 3%. A copy of the 2011-2012 91st day salary schedule is attached hereto as Exhibit A-6.

3.          For the 2010-2011 contract year, and notwithstanding the provisions of Article V, Section A.1 of the Parties’ Collective Bargaining Agreement, the number of work days will be no more than 185 days, with no adjustment to the salary schedules attached as Exhibits A-5 and A-6.

D.      The agreement of the Parties as set forth above regarding the work year being no more than 185 days for the 2009-2010, 2010-2011, and 2011-2012 contract years shall terminate as of August 31, 2011 and shall establish no past practice, precedent or amendment to the terms of the Collective Bargaining Agreement and is restricted to the duration of the September 1, 2009 – August 31, 2012 contract. As of August 31, 2012, the work year shall be as defined as set forth in Article V, Section A. 1 without consideration of additional compensation.

EXHIBIT A-1

2009-2010 SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2009

STEP

BACHELORS

BACH 15

MASTER

MASTER 15

MASTER 30

MASTER 60

DOCTOR

1

39,978

41,476

42,970

44,155

45,339

47,064

48,602

2

41,514

43,008

44,505

45,783

47,064

48,602

50,136

3

43,062

44,552

46,048

47,323

48,602

50,136

51,669

4

45,872

47,368

48,860

50,132

51,409

52,951

54,458

5

48,565

50,053

51,540

52,822

54,101

55,636

57,158

6

50,620

52,105

53,598

54,873

56,151

57,688

59,228

7

52,667

54,150

55,636

56,919

58,205

59,727

61,272

8

54,725

56,207

57,688

58,881

60,080

61,790

63,313

9

56,688

58,206

59,727

61,006

62,288

63,832

65,428

10

59,252

60,771

62,288

63,567

64,849

66,386

67,921

11

61,816

63,335

64,849

66,131

67,414

68,949

70,483

12

65,320

66,367

67,414

68,671

69,935

71,504

73,044

13

68,313

69,407

70,497

71,791

73,086

74,633

76,185

14

71,301

72,441

73,578

74,931

76,280

77,896

79,518

15

74,132

75,317

76,501

77,909

79,313

80,992

82,678

SS15

74,782

75,967

77,151

78,559

79,963

81,642

83,328

SS21

75,332

76,517

77,701

79,109

80,513

82,192

83,878

SS27

76,132

77,317

78,501

79,909

81,313

82,992

84,678

SS31

77,632

78,817

80,001

81,409

82,813

84,492

86,178

EXHIBIT A-2

2009-2010 SALARY SCHEDULE

EFFECTIVE 91ST DAY OF THE 2009-2010 YEAR

1%

FY10

 

1.00%

Applied on 91st Day of FY10

 

 

 

 

 

Bachelors

Bach + 15

Master

Master 15

Master 30

Master 60

Doctor

1

40,378

41,890

43,400

44,597

45,793

47,534

49,088

2

41,929

43,438

44,950

46,240

47,534

49,088

50,638

3

43,493

44,998

46,509

47,796

49,088

50,638

52,186

4

46,331

47,842

49,349

50,633

51,923

53,480

55,003

5

49,051

50,554

52,056

53,350

54,642

56,193

57,730

6

51,126

52,626

54,134

55,422

56,713

58,265

59,820

7

53,194

54,691

56,193

57,488

58,787

60,324

61,885

8

55,272

56,769

58,265

59,470

60,680

62,408

63,946

9

57,255

58,788

60,324

61,616

62,911

64,470

66,082

10

59,844

61,378

62,911

64,203

65,497

67,050

68,600

11

62,434

63,968

65,497

66,792

68,088

69,639

71,187

12

65,973

67,031

68,088

69,357

70,634

72,219

73,774

13

68,996

70,101

71,202

72,509

73,817

75,379

76,947

14

72,014

73,165

74,313

75,681

77,043

78,675

80,313

15

74,873

76,070

77,266

78,688

80,106

81,802

83,505

SS15

75,530

76,727

77,923

79,345

80,763

82,458

84,161

SS21

76,085

77,282

78,478

79,900

81,318

83,014

84,717

SS27

76,893

78,090

79,286

80,708

82,126

83,822

85,525

SS31

78,408

79,605

80,801

82,223

83,641

85,337

87,040

EXHIBIT A-3

2010-2011 SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2010

 

Bachelors

Bach + 15

Master

Master 15

Master 30

Master 60

Doctor

1

40,378

41,890

43,400

44,597

45,793

47,534

49,088

2

41,929

43,438

44,950

46,240

47,534

49,088

50,638

3

43,493

44,998

46,509

47,796

49,088

50,638

52,186

4

46,331

47,842

49,349

50,633

51,923

53,480

55,003

5

49,051

50,554

52,056

53,350

54,642

56,193

57,730

6

51,126

52,626

54,134

55,422

56,713

58,265

59,820

7

53,194

54,691

56,193

57,488

58,787

60,324

61,885

8

55,272

56,769

58,265

59,470

60,680

62,408

63,946

9

57,255

58,788

60,324

61,616

62,911

64,470

66,082

10

59,844

61,378

62,911

64,203

65,497

67,050

68,600

11

62,434

63,968

65,497

66,792

68,088

69,639

71,187

12

65,973

67,031

68,088

69,357

70,634

72,219

73,774

13

68,996

70,101

71,202

72,509

73,817

75,379

76,947

14

72,014

73,165

74,313

75,681

77,043

78,675

80,313

15

74,873

76,070

77,266

78,688

80,106

81,802

83,505

SS15

75,530

76,727

77,923

79,345

80,763

82,458

84,161

SS21

76,085

77,282

78,478

79,900

81,318

83,014

84,717

SS27

76,893

78,090

79,286

80,708

82,126

83,822

85,525

SS31

78,408

79,605

80,801

82,223

83,641

85,337

87,040

EXHIBIT A-4

2010-2011 SALARY SCHEDULE

EFFECTIVE 91ST DAY OF THE 2010-2011 YEAR

2%

FY11

 

2.00%

Applied on 91st Day of FY11

 

 

 

 

 

Bachelors

Bach + 15

Master

Master 15

Master 30

Master 60

Doctor

1

41,185

42,728

44,268

45,488

46,709

48,485

50,070

2

42,768

44,306

45,849

47,165

48,485

50,070

51,650

3

44,363

45,897

47,439

48,752

50,070

51,650

53,229

4

47,258

48,799

50,336

51,646

52,962

54,550

56,103

5

50,032

51,565

53,097

54,417

55,735

57,317

58,885

6

52,148

53,679

55,217

56,530

57,847

59,430

61,017

7

54,257

55,785

57,317

58,638

59,963

61,531

63,122

8

56,378

57,904

59,430

60,659

61,894

63,656

65,225

9

58,400

59,964

61,531

62,848

64,169

65,759

67,404

10

61,041

62,606

64,169

65,487

66,807

68,391

69,972

11

63,683

65,247

66,807

68,128

69,450

71,032

72,611

12

67,293

68,371

69,450

70,745

72,047

73,663

75,250

13

70,376

71,503

72,626

73,959

75,293

76,887

78,486

14

73,454

74,628

75,800

77,194

78,584

80,249

81,919

15

76,371

77,591

78,811

80,262

81,708

83,438

85,175

SS15

77,040

78,261

79,481

80,931

82,378

84,108

85,845

SS21

77,607

78,828

80,048

81,498

82,944

84,674

86,411

SS27

78,431

79,652

80,872

82,322

83,769

85,498

87,235

SS31

79,976

81,197

82,417

83,868

85,314

87,044

88,781

EXHIBIT A-5

2011-2012 SALARY SCHEDULE

EFFECTIVE SEPTEMBER 1, 2011

 

Bachelors

Bach + 15

Master

Master 15

Master 30

Master 60

Doctor

1

41,185

42,728

44,268

45,488

46,709

48,485

50,070

2

42,768

44,306

45,849

47,165

48,485

50,070

51,650

3

44,363

45,897

47,439

48,752

50,070

51,650

53,229

4

47,258

48,799

50,336

51,646

52,962

54,550

56,103

5

50,032

51,565

53,097

54,417

55,735

57,317

58,885

6

52,148

53,679

55,217

56,530

57,847

59,430

61,017

7

54,257

55,785

57,317

58,638

59,963

61,531

63,122

8

56,378

57,904

59,430

60,659

61,894

63,656

65,225

9

58,400

59,964

61,531

62,848

64,169

65,759

67,404

10

61,041

62,606

64,169

65,487

66,807

68,391

69,972

11

63,683

65,247

66,807

68,128

69,450

71,032

72,611

12

67,293

68,371

69,450

70,745

72,047

73,663

75,250

13

70,376

71,503

72,626

73,959

75,293

76,887

78,486

14

73,454

74,628

75,800

77,194

78,584

80,249

81,919

15

76,371

77,591

78,811

80,262

81,708

83,438

85,175

SS15

77,040

78,261

79,481

80,931

82,378

84,108

85,845

SS21

77,607

78,828

80,048

81,498

82,944

84,674

86,411

SS27

78,431

79,652

80,872

82,322

83,769

85,498

87,235

SS31

79,976

81,197

82,417

83,868

85,314

87,044

88,781

EXHIBIT A-6

2011-2012 SALARY SCHEDULE

EFFECTIVE 91ST DAY OF THE 2011-2012 YEAR

3%

FY12

 

3.00%

Applied on 91st Day of FY12

 

 

 

 

 

Bachelors

Bach + 15

Master

Master 15

Master 30

Master 60

Doctor

1

42,421

44,010

45,596

46,853

48,110

49,939

51,572

2

44,051

45,636

47,224

48,580

49,939

51,572

53,200

3

45,694

47,274

48,862

50,214

51,572

53,200

54,826

4

48,675

50,262

51,846

53,195

54,550

56,186

57,786

5

51,533

53,112

54,690

56,049

57,407

59,036

60,651

6

53,713

55,289

56,873

58,226

59,582

61,213

62,847

7

55,885

57,459

59,036

60,397

61,762

63,377

65,016

8

58,069

59,641

61,213

62,479

63,751

65,566

67,182

9

60,152

61,763

63,377

64,734

66,094

67,732

69,426

10

62,872

64,484

66,094

67,452

68,812

70,443

72,071

11

65,593

67,205

68,812

70,172

71,533

73,163

74,789

12

69,312

70,422

71,533

72,867

74,208

75,873

77,507

13

72,487

73,649

74,805

76,178

77,552

79,193

80,840

14

75,658

76,867

78,074

79,510

80,941

82,656

84,377

15

78,662

79,919

81,175

82,670

84,160

85,941

87,730

SS15

79,352

80,609

81,865

83,359

84,849

86,631

88,420

SS21

79,935

81,193

82,449

83,943

85,433

87,214

89,003

SS27

80,784

82,042

83,298

84,792

86,282

88,063

89,852

SS31

82,376

83,633

84,890

86,384

87,873

89,655

91,444

EXHIBIT B

APPENDICES B, C, AND D

Base Rate for Calculations

Masters Step 1 – 2008-2009 Salary Schedule:                                 $42,970

Masters Step 1 – 2009-2010 91st Day Salary Schedule:                 $43,400

Masters Step 1 – 2010 – 2011 91st Day Salary Schedule:              $44,268

September 1, 2009

September 1, 2010

September 1, 2011

08-09 + .5%

09-10 +1%

10-11 + 1.5%

$43,185

$43,834

$44,932

APPENDIX B SALARY SCHEDULE - COACHES

(Base for Percentages is Master's Minimum as set forth in Exhibits A-1, A-2, A-3, A-4, A-5 and A-6)

A.      Effective September 1, 2009, the Master’s Step 1 of the 2008-2009 Salary Schedule, appearing at Appendix A-3 of the 2006-2009 Collective Bargaining will be increased by .5% for the purpose of calculating the payments due under Appendices B, C, and D. This base amount is attached hereto as Exhibit B.

B.      Effective September 1, 2010, the Master’s Step 1 of the 2009-2010 91st day salary schedule (Exhibit A-2) will be increased by 1% for the purpose of calculating the payments due under Appendices B, C, and D. See Exhibit B.

C.      Effective September 1, 2011, the Master’s Step 1 of the 2010-2011 91st day salary schedule (Exhibit A-4) will be increased by 1.5% for the purpose of calculating the payments due under Appendices B, C, and D. See Exhibit B.

A. 4% to 6% at 1% steps

None

B. 5% to 8% at 1% steps

 

 

Assistant Coach:

 

• Baseball

 

• Faculty Manager

 

• Field Hockey

 

• Outdoor Track (boys and girls)

 

• Sailing

 

• Soccer (boys and girls)

 

• Softball

 

• Swimming (boys and girls)

C. 6% to 9% at 1% steps

Head Coach:

 

• *Cheerleading Fall

 

• *Cheerleading Winter

 

• Cross Country (boys and girls - if combined,

 

1.5 stipend)

 

• Golf (boys and girls)

 

• Gymnastics

 

• Ski (2004)

 

• Swimming (boys and girls)

 

• Tennis (boys and girls)

 

Assistant Coach:

 

• Basketball (boys and girls)

 

• Ice Hockey (boys and girls)

 

• Lacrosse (boys and girls)

 

• Wrestling

D. 7% to 12% - steps at 7%

 

9% - 10% - 12%

 

 

Head Coach:

 

• Baseball

 

• Field Hockey

 

• Indoor Track (boys and girls)

 

• Lacrosse (boys and girls)

 

• Outdoor Track (boys and girls)

 

• Sailing

 

• Softball

 

Assistant Coach:

 

• Football

E. 8% to 16% at 2% steps

Head Coach:

 

• Basketball (boys and girls)

 

• Ice Hockey (boys and girls)

 

• Soccer (boys and girls)

 

• Wrestling

F. 12% to 20% at 2% steps

Head Coach:

 

• Football

G. 1%

None

H. $20 per hour

Weight Room Supervisor

*Cheerleading will comply with all MIAA rules.

I.     It is agreed by the parties of this Agreement that all coaches will be evaluated by the Director of Athletics, the appointment of coaches shall be on an annual basis, and the reappointment shall not be subject to the Grievance and Arbitration Provisions of Article III of this Agreement. The Director of Athletics will be evaluated annually by the appropriate Administrator.

It is further agreed that during the term of a coach's appointment, said coach shall be eligible to exercise the Grievance and Arbitration Procedure of this Agreement under the "Just Cause" provision of Section E of Article XIV of this Agreement as a result of any disciplinary action taken against him/her in his/her capacity as a coach. All qualifications being equal, preference shall be given to the members of the bargaining unit in filling coaching vacancies.

J.     All new hires to coaching positions shall be awarded credit for prior coaching experience within the area in which they are to coach.

APPENDIX C SALARY SCHEDULE

COCURRICULAR ACTIVITIES

(Base for Percentages is Master's Minimum as set forth in Appendix A-1, A-2, and A-3)

I. Classification:

 

A. 1% - 2%

 

DHS

 

 

• Academic Fair Coordinator

 

• Business Manager Musical

 

• Marching Show Designer

 

• Musical Choreographer

 

• Senior Seminar

 

• Summa Coordinator

 

• Technical Director Musical

 

• Thespian Troupe Assistant

B. 2% - 4%

 

DHS

 

 

• AFS (1)

 

• Art Club

 

• Best Buddies (2)

 

• Chamber Orchestra

 

• Color Guard

 

• Fall Festival & Spring Tournament of Plays

 

• Gay/Straight Alliance

 

• Jazz Band II

 

• Key Club

 

• Literary Magazine

 

• Madrigal – Jazz Choir

 

• Marching Band Drill Instructor

 

• National Honor Society (2)

 

• Pep Band

 

• Percussion Instructor

 

• Photography Club

 

• Show Choir – A Capella Groups

 

• Technology Club

 

• World of Difference

Grades 6-8

 

 

• Adopt-a-Grandparent

 

• Art Club

 

• Best Buddies

 

• Book Club

 

• CAD Club

 

• Computer Club

 

• Debate Club

 

• Dragon Tales (2)

 

• Drama Technical Advisor

 

• Homework Club (6)

 

• International Culture Club

 

• Junior Chamber Orchestra

 

• Junior Jazz Band

 

• Junior Jazz Club

 

• Junior Select Chamber Singers

 

• Junior Show Choir

 

• Math Club

 

• Odyssey of the Mind

 

• Peer Mediation (2)

 

• Photography Club

 

• Players Club

 

• RAP (2)

 

• Variety Show

 

• Variety Show Technical Advisor

Grades 3-5

• Homework Club (2)

C. 3% - 4% - 6%

 

DHS

 

 

• Assistant Director Band Outside Activities

 

• Assistant Director Marching Band

 

• Coordinator of Dramatics

 

• Freshman Class Advisor

 

• Full Length Plays (2)

 

• Junior Class Advisor

 

• Newspaper (1)

 

• Orchestra Director Musical

 

• Senior Class Advisor

 

• Senior Class Play Director

 

• Senior Jazz Band

 

• Senior Project Coordinator (2)

 

• Sophomore Class Advisor

 

• State Tournament of Plays

 

• Vocal Director Musical

Grades 6-8

• Drama Club

 

• Student Council

D. 4% - 5% - 8%

 

DHS

 

 

• Academic Decathlon (2)

 

• Director Band Outside Activities

 

• Director Choir Outside Activities

 

• Director Marching Band

 

• Director Musical

 

• Director Orchestra Outside Activities

 

• Student Council

 

• Thespian Troupe Advisor

Grades 6-8

• Yearbook (2)

E. 5% - 7% - 10%

• School Student Activities Accountant - DHS

2.5% - 3.5% - 5%

• School Student Activities Accountant - DMS

F. 7% - 10% - 13%

• Yearbook/Editorial

 

• Yearbook/Business

G. 10% - 13%

 

16% - 19%

• 9-12 Coordinator of Cocurricular Activities

7% - 9% - 11%

 

13%

• 6-8 Coordinator of Cocurricular Activities

H.    Intramurals - $20 per hour

II.      The Superintendent and/or his/her designee have authority to add/delete positions as long as the total budget amount is not exceeded and with approval of School Committee. A stipend will be paid only if the activity is authorized and offered in a given school year. If because of small enrollment or decrease in activities only one advisor is hired for an activity for which two (2) have been approved, then the advisor will receive only one stipend. If only one advisor is hired rather than two for another reason, such as unavailability of a second qualified applicant, then the advisor may receive up to one and one-half (1.5) of the stipend. The decision will be made by the Superintendent.

III.   Should any activity move from one category to another and should the same advisor remain with the activity, said advisor will move to the minimum step of the new category unless the percentage is the same or less in which case said advisor will move to the next higher percentage.

IV.    The following policy will be applied to all co-curricular activities other than those covered by athletic schedules or those specifically named elsewhere in this Agreement:

A.    Any activity for which a stipend will be granted must be approved by the responsible administrator and the Superintendent prior to its establishment.

B.    A stipend will be paid only for time used by the activity outside of the advisor or sponsor’s normal work period.

C.    The rate of payment will be one percent (1%) of the existing base pay (i.e. step 1, Master's Schedule) for each verified block of thirty (30) hours or portion thereof that occurs as outlined in IV.B. above.

V.      All new hires to co-curricular positions shall be awarded credit for prior cocurricular advising experience within the areas in which they are to advise.

VI.    It is agreed by the parties to this Agreement that advisors will be evaluated by the Coordinators of Cocurricular Activities. The appointment of all advisors shall be on an annual basis, and the reappointment shall not be subject to the Grievance and Arbitration Provisions of Article III of this Agreement. The Coordinators of Co-Curricular Activities will be evaluated annually by the respective Administrators. It is further agreed that during the term of an advisor's appointment, said advisor shall be eligible to exercise the Grievance and Arbitration Procedure of this Agreement under the "just cause" provision of Section E of Article XIV of this Agreement as a result of any disciplinary action taken against him/her in his/her capacity as an advisor. Preference shall be given to the members of the bargaining unit in filling advisor vacancies.

VII. Teachers new to Duxbury who begin their employment after March 1, 1987, as a condition of employment may be required to accept positions described in Appendix C. Teacher applicants will be advised of this article during the interviewing process.

APPENDIX D SALARY SCHEDULE – EDUCATIONAL/CURRICULUM WORK

I.        Teachers who, when requested by the Superintendent of Schools, agree voluntarily to participate in such educational/curriculum work as the Superintendent may determine, shall be paid at the rate of $30.00 per hour.

II.      Department Heads

(Base for Percentages is Master's Minimum as set forth in A-1, A-2, and A-3).

Department Heads will teach three (3) classes and evaluate members of their staff. (See Appendix F: Procedures for the Evaluation of Professional Staff.)

Three steps at:                          10%   13%        20%

Instructional Coach at            9%

Department Heads will be entitled to the foregoing differential based solely upon experience and service within the Duxbury Public Schools.

Beginning September 1997 Department Heads and K-12 Coordinators will complete all of their required tasks for no additional compensation beyond the Department Head stipend. They will continue to be paid for work on approved proposals for additional work at a rate of $30 per hour.

Department Heads will also be paid for thirty-two (32) additional hours of summer work at the hourly rate.

III.   Elementary Lead Teachers: $1,200 differential

IV.    Guidance Counselors hired after June 1, 1984 shall be required to perform five (5) days of guidance work during the summer and may be required to perform up to ten (10) additiona days of guidance work during the summer. Guidance Counselors who perform authorized guidance work during any school vacations will be paid at their per diem rate.

V.  Chairman of Curriculum Council, Elementary Curriculum Assistant, and Special Needs

Building Coordinator will be paid a stipend of nine percent (9%) of the Master's minimum; Administrative Assistant (no differential).

VI.  Mentors

Effective September 1, 2009, teachers assigned as mentors will receive a $200 stipend.

Effective September 1, 2010, teachers assigned as mentors will receive a $300 stipend.

Mentors will attend a training program offered by the District. Administrators will not be assigned as mentor teachers.

VII. Job Share

Joint Share - Joint Study Committee

A Joint Study Committee comprised of members appointed by the Association and the Committee shall be established. The Joint Committee shall report the findings to the bargaining teams at the end of the 2009-2010 contract years. The parties will determine what further action to take.

VIII.       Cafeteria Plan

Effective January 1, 2010, the Committee agrees to make available any benefits that the other employees of the Town of Duxbury enjoy under the cafeteria plan offered by the town.

APPENDIX E SALARY SCHEDULE - NURSES

1.       Nurses shall be placed on the teachers' salary schedule up to step eleven (11) and shall be eligible for the Bachelor's and Master's columns.

2.       Nurses covered by this Agreement shall be granted total annual career increments for continuous nursing service in the Town of Duxbury according to the following schedule:

1999-2000

After 14 years                                                           $400

After 17 years                                                            $450 total

After 20 years                                                            $650 total

3.       The stipend for the Head Nurse will be nine percent (9%) of the nurses Bachelor step one salary.

4.       The Committee shall reimburse up to $125 the cost of liability insurance upon the presentation of a receipted bill from the nurse.

APPENDIX F PROCEDURES FOR THE EVALUATION OF PROFESSIONAL STAFF

Introduction: These procedures for the evaluation of the professional staff have been developed to provide a guide for individual growth and a framework for assessing professional competence. The foundation of this evaluation process is the policy statement “Expectations for Professional Staff” (F-1, F-2, F-3, F-4, F-5). The process described below provides an orderly method for fostering growth and assessing competence.

Teachers without professional status will be evaluated annually. Teachers with professional status will participate in a three year Professional Growth Cycle. Each year has a specific name signifying the different purposes and activities one may do.

The three years are:

       the evaluation year

       the collaboration year

       the individual choice year

In usual circumstances the designated evaluator will work with a teacher through a three-year cycle.

If a teacher is assigned an evaluator by whom he or she had been evaluated previously, the teacher may request that a different evaluator be assigned.

The teacher shall give written notice of his/her desire for a different evaluator by June 15th prior to the year in which the formal evaluation shall take place. The teacher shall be notified of the evaluator within ten (10) school days of the opening of school.

THE EVALUATION YEAR: This refers to the traditional formal written evaluation done by a designated evaluator. The process is as follows:

The Distribution of Materials:

Within 10 school days of the opening of school, the principal will distribute materials pertaining to the evaluation process including “Procedures for Evaluation of Professional Staff,” the “Expectations for Professional Staff,” the “Observation Report” form, and the “Final Evaluation Statement” form to all teachers and staff being evaluated in the current school year. Time line: Within 10 school days of the opening of school.

Orientation Meeting:

On or before October 15 each principal will distribute evaluation materials and hold orientation meetings as follows:

For all personnel who do not have professional teacher status and for all personnel who have new evaluators Time line: On or before October 15.

The Pre-Observation Discussion:

Prior to any formal classroom observation the evaluator will meet with the teacher(s) individually or in small groups. The purpose of this meeting is to explain the evaluation process, to discuss the “Expectations for Professional Staff,” to describe information the teacher may provide to help document the teacher’s conformance with these expectations, and to answer questions regarding the evaluation process.

Time Line: On or before October 15.

The Formal Evaluation Process:

The formal evaluation process shall consist of one or more cycles of data collection (via classroom observations, consultations with administrators, department heads/coordinators/curriculum supervisor, or other information relevant to the performance standards which has been documented and analysis of materials supplied by the teacher), written reports completed by the evaluator(s) (the “Observation Report”), and conferences between the teacher and the evaluator(s). Relevance of such other information shall be subject to the grievance procedure according to time lines in Article III. The process will culminate in the “Final Evaluation Statement” signed by the Principal based on the preceding observations, data, reports, and conferences. Each of these components is described in detail below.

The Formal Classroom Observations and Observation Notes:

Classroom observations may be announced or unannounced and may vary in length from 5 minutes to 85 minutes. The minimum total observation time will be 45 minutes for teachers with professional status and 135 minutes for teachers without professional status. Formal classroom observation is an observation of at least 30 minutes unless the teacher and the evaluator otherwise agree to use an observation of less than 30 minutes.

During the formal classroom observation, the evaluator(s) will record notes to be used in preparing the “Observation Report” which will also include the evaluator(s) inferences and judgments. These notes will be shared with the teacher within 5 school days of the classroom observation at the post-observation conference. Classroom observation notes may be added to the teacher’s personnel file at the request of the teacher or provided that the teacher has had 5 school days to prepare a written response to be attached. In either case, the teacher’s signature will be required acknowledging receipt of the notes and the opportunity to respond in writing.

A teacher who is concerned that his or her classroom is being observed excessively may request a written explanation from the evaluator(s). The evaluator(s) will furnish such explanation within 5 school days of the request.

Time line: A minimum of 45 minutes of observation and the associated “Observation Reports” and post-observation conferences will be completed on or before November 30 and March 30 for teachers without professional status or December 15 for teachers with professional status.

Consultations with Administrators, Department Heads, Coordinators, or Curriculum Supervisors:

Evaluators may gather data concerning the teacher’s conformance with the “Expectations” through consultation with department heads, coordinators, curriculum supervisors and/or administrators. Consultation comments will be given in writing to the evaluator(s) and shared with the principal and the teacher. These notes will be shared with the teacher at the post-observation conference. Consultation notes may be added to the teacher’s personnel file at the request of the teacher or provided that the teacher has had an opportunity to respond in writing. In either case, the teacher’s signature will be required acknowledging receipt of the notes and the opportunity to respond in writing.

Time line: On-going. Consultation notes must be shared with the teacher in the next post-observation conference following the consultation.

Information Supplied by the Teacher:

Teachers may provide their evaluator(s) with information documenting the teacher’s conformance to the “Expectations.” Such information may include, but is not limited to, evidence of courses taken, meetings, seminars, or conferences attended, lists of books or articles read or written, lists of professional organizations of which the teacher is a member, copies of lesson plans, assessment instruments, or written work prepared by the teacher and used in the teacher’s classes, or any other materials or documentation that the teacher believes to be indicative of his or her conformance to the “Expectations.” Such information will be analyzed and may be used by the evaluator(s) in preparing the “Observation Report” and the “Final Evaluation Statement.”

Time line: On-going but not later than May 1. Teachers may provide information at any time in response to questions raised at post-observation conferences.

Post-Observation Conference:

Within 5 school days of each formal classroom observation the evaluator(s) will meet with the teacher to discuss the classroom observation. The purpose of this meeting will be to provide timely feedback to the teacher, positive reinforcement for strengths, and suggestions for improvement of weaknesses. Time line: Within 5 school days of each formal classroom observation.

The Observation Report:

Within 10 school days of each post-observation conference, the evaluator will write an “Observation Report.” The “Observation Report” will be based on notes of classroom observations, notes of consultations with administrators, department heads, coordinators, or curriculum supervisor, and information provided by the teacher. The “Observation Report” will highlight observed strengths and weaknesses of the teacher with specific regard to the teacher’s conformance to the “Expectations.” The teacher will have up to 5 school days to sign and return the “Observation Report” with or without any additional information in writing to be attached. Time line: Within 10 school days of each post-observation conference.

The Final Evaluation Statement and Conference:

On or before May 15 for teachers without professional status or May 30 for teachers with professional status, the evaluator will complete a written “Final Evaluation Statement” and meet with each teacher to discuss the “Statement.” The “Final Evaluation Statement” will address each of the seven “Expectations.” The “Final Evaluation Statement” will be signed by the evaluator, the principal and teacher. The teacher may sign the “Final Evaluation Statement” at this meeting or will have up to 5 school days to prepare additional information in writing to be attached before signing the “Final Evaluation Statement.” Time line: On or before May 15 for teachers without professional status or May 30 for teachers with professional status.

Miscellaneous: If at any time during the year extraordinary circumstances exist such that an evaluator determines a teacher should be formally evaluated, the evaluator will notify the teacher and implement the procedures as outlined above.

If the performance of a teacher with professional status is found to be in need of review or unsatisfactory a “Professional Improvement Plan” (PIP) shall be written. Upon satisfactory completion of a PIP, the bargaining unit member shall be returned to the normal cycle of supervision during the next school year.

Procedures for Professional Improvement Plan (PIP):

If the principal or a supervisor, following consultation with the principal, makes a determination that a teacher’s performance is in need of improvement, a “Professional Improvement Plan” will be instituted for the teacher in accordance with the following procedures:

1.       The teacher, supervisor and/or the principal shall have a conference in order to discuss the need for a PIP. The teacher has the right to union representation at that conference, and shall be so advised by the supervisor or principal. The conference shall be held at a time, which is mutually acceptable to the teacher, the supervisor, and the union representative but in no event later than 15 school days following notification of the need for a PIP.

2.       The purpose of said meeting shall be to come to a mutual agreement as to content of the plan. Such agreement shall include the areas of deficiency, what the teacher must do to correct the deficiencies, a list of resources available for assistance, identification of person(s) who will provide assistance, a schedule of observation and ongoing evaluation, and the plan duration.

3.       All parties involved in the PIP shall be provided copies of the plan and shall acknowledge receipt in writing.

4.       If there is no agreement upon the elements of the plan, the dispute shall be submitted forthwith to mediation/arbitration under the expedited rules of the American Arbitration Association.

If a Department Head is the evaluator recommending a PIP for a teacher, the teacher will be assigned an administrator as the primary evaluator for the following year. The Department Head may still be involved as a contributing evaluator as a resource to the administrator.

THE COLLABORATION YEAR: This refers to a professional growth experience done with one or more other people for shared reactions during the year. The identified goal/focus should contribute to one’s professional knowledge and/or skills as a teacher.

Sample Activities:

Teachers training teachers (e.g. workshops)

Study groups

In-service training

Curriculum development/revision

Publish written materials

books

doctoral dissertations

master’s theses

articles, chapters, columns

software packages

videotapes

curriculum packages

Related work experience

Community/business educational improvement activity

New program development and implementation

Working with a consultant toward a common goal

Committee work

Pilot a program

Grade level or department project

Peer observation*

Combination of the activities

*This may be paired observations with mutual feedback or one-way observation and feedback (by request and mutual agreement). Its purpose is not to evaluate, but rather to generate communication and useful information about one’s teaching. This option may only be approved for teachers who have successfully completed either the Understanding Teaching or the Observing and Analyzing Teaching course.

THE INDIVIDUAL CHOICE YEAR: This refers to professional growth selected by the teacher. The activities may or may not involve working with others and should constitute substantial and continuous activity for the year. The identified goal/focus should contribute to one’s professional knowledge and/or skills as a teacher.

Sample Activities:

Teachers training teachers (e.g. workshops)

Study groups

In-service training

Curriculum development/revision

Publish written materials

books

doctoral dissertations

master’s theses

articles, chapters, columns

software packages

videotapes

curriculum packages

Related work experience

Community/business educational improvement activity

New program development and implementation

Course work

Workshops

Teacher exchange program

Independent/self-study

Experimentation within the classroom

Pilot a program

Combination of activities

The teacher will complete a “Professional Growth Plan” outlining the activities for either the Collaboration or the Individual Choice year and submit it to the principal or designated evaluator on or before September 30. The designated evaluator will return the approved plan or modifications on or before October 15. Upon completion of the activities and on or before May 15 the completed “Summary of Growth Experiences” form shall be submitted to the designated evaluator as evidence of professional growth. The designated evaluator will sign the form to acknowledge the teacher’s submittal of the document. Any teacher who does not successfully complete the activities on the “Professional Growth Plan” may be moved back to the Evaluation Year cycle for the following year. A teacher may also apply for Professional Development Points for these growth experiences through the established Duxbury Public Schools procedure.

The content focus of activities are:

 

Elements of current research

Leadership skills

Common Core and Frameworks

Reflection of district goals

Discipline-specific and interdisciplinary

Strategic Plan and Action

Strategies for a diverse population

School Improvement Plans

F-1 EXPECTATIONS FOR PROFESSIONAL STAFF

The preservation of an outstanding educational system requires that the Duxbury Public Schools employ educators who are committed to maintaining high standards of professional excellence in their work with students.

In Duxbury, an educator who is pursuing professional excellence should demonstrate effectiveness in the following areas:

I.             CURRENCY IN THE CURRICULUM

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

II.            EFFECTIVE PLANNING & ASSESSMENT OF CURRICULUM & 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 student that stimulate increased personal student responsibility for achieving the goals of the curriculum.

VI.       PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

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

B.    The teacher demonstrates appreciation for and 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.

F-2 EXPECTATIONS FOR PROFESSIONAL STAFF

In Duxbury, a School Adjustment Counselor/School Psychologist who is pursuing professional excellence should demonstrate effectiveness in the following areas:

I.       CURRENCY IN THE CURRICULUM

A.    The school adjustment counselor/school psychologist is up to date regarding curriculum issues in the field as applicable to school practice.

II.       EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.    The school adjustment counselor/school psychologist diagnoses and plans effective intervention strategies.

B.    The school adjustment counselor/school psychologist plans student assessment of student needs effectively.

C.    The school adjustment counselor/school psychologist plans with TEAM for cognitive, social, behavioral and emotional issues.

III.       EFFECTIVE MANAGEMENT OF ENVIRONMENT

A.    The school adjustment counselor/school psychologist creates an environment that is positive for growth in psychosocial areas.

B.    The school adjustment counselor/school psychologist maintains appropriate standards of behavior, mutual respect and safety.

IV.       EFFECTIVE INSTRUCTION

A.    The school adjustment counselor/school psychologist makes counseling goals clear to students.

B.    The school adjustment counselor/school psychologist uses appropriate counseling techniques.

C.    The school adjustment counselor/school psychologist uses appropriate questioning techniques.

D.    The school adjustment counselor/school psychologist evaluates, tries innovative approaches and refines counseling strategies including the effective use of technologies, to increase student learning, confidence, and well being.

V.       PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

A.    The school adjustment counselor/school psychologist communicates learning goals and high standards and expectations to students.

B.    The school adjustment counselor/school psychologist promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving counseling goals.

VI.       PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.    The school adjustment counselor/school psychologist strives to ensure equitable opportunities for student learning.

B.    The school adjustment counselor/school psychologist demonstrates appreciation for and sensitivity to the diversity among individuals.

VII.       FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.    The school adjustment counselor/school psychologist is constructive and cooperative in interactions with families and receptive to their contributions.

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

C.    The school adjustment counselor/school psychologist is a reflective and continuous learner.

F-3 EXPECTATIONS FOR PROFESSIONAL STAFF

In Duxbury, a School Guidance Counselor who is pursuing professional excellence should demonstrate effectiveness in the following areas:

I.       CURRENCY IN THE CURRICULUM

A.    The school guidance counselor is up to date regarding curriculum issues in the field as applicable to school practice.

II.       EFFECTIVE PLANNING AND ASSESSMENT OF CURRICULUM AND INSTRUCTION

A.    The school guidance counselor diagnoses and plans effective intervention strategies.

B.    The school guidance counselor plans student assessment of student needs effectively.

C.    The school guidance counselor plans with TEAM for cognitive, social, behavioral and emotional issues.

III.       EFFECTIVE MANAGEMENT OF ENVIRONMENT

A.    The school guidance counselor creates an environment that is positive for growth in psychosocial areas.

B.    The school guidance counselor maintains appropriate standards of behavior, mutual respect and safety.

IV.       EFFECTIVE INSTRUCTION

A.    The school guidance counselor makes counseling goals clear to students.

B.    The school guidance counselor uses appropriate counseling techniques.

C.    The school guidance counselor uses appropriate questioning techniques.

D.    The school guidance counselor evaluates, tries innovative approaches and refines counseling strategies including the effective use of technologies, to increase student learning, confidence, and well being.

V.       PROMOTION OF HIGH STANDARDS AND EXPECTATIONS FOR STUDENT ACHIEVEMENT

A.    The school guidance counselor communicates learning goals and high standards and expectations to students.

B.    The school guidance counselor promotes confidence and perseverance in the student that stimulate increased personal student responsibility for achieving counseling goals.

VI.       PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.    The school guidance counselor strives to ensure equitable opportunities for student learning.

B.    The school guidance counselor demonstrates appreciation for and sensitivity to the diversity among individuals.

VII.       FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.    The school guidance counselor is constructive and cooperative in interactions with parents and receptive to their contributions.

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

C.    The school guidance counselor is a reflective and continuous learner.

F-4 EXPECTATIONS FOR PROFESSIONAL STAFF

In Duxbury, a School Nurse who is pursuing professional excellence should demonstrate effectiveness in the following areas:

I.       CURRENCY IN SUBJECT MATTER AND CLINICAL KNOWLEDGE

A.    The nurse is up to date regarding health curriculum content; assessment of the health needs of the school-age child; identification of the health-related problems that impact the learning process; establishment of a plan of intervention to maximize student wellness; evaluation of student response to treatment plans; knowledge of disorders of childhood and adolescence; environmental health issues in the school setting; national, state, and local laws governing special education students, special education programs, chronically ill students, and the rights of the disabled.

II.       EFFECTIVE PLANNING & ASSESSMENT OF CURRICULUM & INSTRUCTION

A.    The nurse plans instruction effectively.

B.    The nurse plans assessment of student learning effectively.

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

III.       EFFECTIVE MANAGEMENT OF PROGRAM

A.    The nurse demonstrates principles of effective management.

B.    The nurse establishes and maintains a comprehensive school health program which assesses individual student health needs and addresses the health service, education, and environmental needs of the total school population.

IV.       EFFECTIVE INSTRUCTION

A.    The nurse makes learning goals clear to students.

B.    The nurse uses appropriate instructional techniques.

C.    The nurse uses appropriate questioning techniques.

D.    The nurse 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.       EVALUATION

A.    The nurse understands and interprets research and medical reports as they apply to the nursing process.

B.    The nurse systematically observes and documents student responses and utilizes this information to facilitate academic learning.

VI.       PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.    The nurse strives to ensure equitable opportunities for student learning.

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

VII.       FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

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

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

C.    The nurse is a reflective and continuous learner.

F-5 EXPECTATIONS FOR PROFESSIONAL STAFF

In Duxbury, Department Heads and K-12 Coordinators who are pursuing professional excellence should demonstrate effectiveness in the following areas:

I.       EFFECTIVE INSTRUCTIONAL LEADERSHIP

A.    The supervisor facilitates the development of a shared mission and vision.

B.    The supervisor encourages and uses a variety of strategies to assess student performance accurately.

C.    The supervisor applies current principles, practices and research to foster effective teaching.

D.    The supervisor leads the renewal of curriculum and instructional programs.

E.    The supervisor promotes and models the effective use of appropriate instructional technologies.

F.     The supervisor holds teachers accountable for having high standards and positive expectations that all students can perform at high levels.

G.    The supervisor works with teachers and other staff to supervise and evaluate their performance, using performance standards and to identify areas for growth.

H.    The supervisor supports ongoing professional development.

II.       EFFECTIVE ORGANIZATIONAL LEADERSHIP

A.    The supervisor applies research and organizational leadership skills.

B.    The supervisor demonstrates communication skills that are clear, direct and responsive.

C.    The supervisor creates a positive, informed climate for collegial teaching and learning.

D.    The supervisor facilitates constructive change.

E.    The supervisor plans for, models and encourages collaboration and shared decision-making.

F.     The supervisor applies strategic planning techniques that foster systemic approaches and result in sound decisions.

III.       EFFECTIVE ADMINISTRATION AND MANAGEMENT

A.    The supervisor assists with personnel selection, supervision, evaluation and management functions for the school or district effectively.

B.    The supervisor applies current knowledge of policy formation and legal requirements within the scope of his/her responsibility.

C.    The supervisor applies current knowledge of fiscal management policy and practices within the scope of his/her responsibility.

D.    The supervisor applies current knowledge of auxiliary programs such as community resources and pupil personnel services within the scope of his/her responsibility.

E.    The supervisor uses appropriate technologies to administer his/her responsibilities.

IV.       PROMOTION OF EQUITY AND APPRECIATION OF DIVERSITY

A.    The supervisor strives to ensure equity among programs and learning opportunities for staff, students and parents.

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

V.       EFFECTIVE RELATIONSHIPS WITH THE COMMUNITY

A.    The supervisor assesses the needs of parents and community members and involves them in decision-making.

B.    The supervisor promotes partnerships among staff, parents, business and the community.

C.    The supervisor interprets, articulates and promotes the vision, mission, programs, activities and services of the school/district.

VI.          FULFILLMENT OF PROFESSIONAL RESPONSIBILITIES

A.    The supervisor demonstrates enthusiasm for his/her own learning.

B.    The supervisor demonstrates and promotes an atmosphere of respect for self and others.

C.    The supervisor models ethical behavior.