Erving

Show detailed information about district and contract

DistrictErving
Shared Contract District
Org Code910000
Type of DistrictElementary
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency UnionUnion 28 Erving Leverett New-Salem Shutesbury
Regional HS Members
Vocational HS MembersFranklin County RVTSD
CountyFranklin
ESE RegionPioneer Valley
Urban
Kind of Communityrural economic centers
Number of Schools1
Enrollment174
Percent Low Income Students39
Grade StartPK or K
Grade End6
download pdf version of this document view accessible version of this document AGREEMENT

AGREEMENT BETWEEN

THE ERVING TEACHERS' ASSOCIATION

AND THE ERVING SCHOOL COMMITTEE

SEPTEMBER 1, 2013 - AUGUST 31, 2016

TABLE OF CONTENTS

ARTICLE

PAGE

I, II, III

INTRODUCTION

3-4.

IV

GRIEVANCE PROCEDURES

4

V

CONDITIONS OF EMPLOYMENT

5

VI

SALARY

6

VII

INSURANCE

9

VIII

TEMPORARY LEAVES OF ABSENCE

9

IX

STUDENTS OF NON-RESIDENT EMPLOYEES

12

X

SUPERVISION/EVALUATION

13

XI

HIRING AND RESIGNATION

14

XII

MENTOR TEACHERS

15

XIII

TEACHER IN CHARGE

15

XIV

REDUCTION IN FORCE

16

XV

PROFESSIONAL IMPROVEMENT

16

XVI

ADDITIONAL EMPLOYMENT WITH SCHOOL

16

XVII

DURATION OF THE CONTRACT

17

SIGNATURE PAGE

17

AGREEMENT

ARTICLE I

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

all teachers, nurses, school psychologists, and such non-supervisory professional employees as non-supervisory coordinators.

ARTICLE II

The employment conditions covered by this agreement are for the period beginning on September 1, 2013 and concluding on August 31, 2016.

Recognizing that the School Committee's prime purpose and the Erving Teachers' Association's prime purpose is to provide education of the highest quality for the children of the Erving Elementary School, the Committee and the Association agree

That fair and appropriate treatment of employees by the School Committee; full and faithful adherence to this contract by both the School Committee and the professional employees individually and collectively; and the pursuit of excellence, the provision of the highest quality, effective instruction and exemplary professional conduct by the professional employees individually and collectively are required for our school.

That fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information between the professional staff and the School Committee and its representatives such as the Superintendent of Schools and the Principal of the Erving Elementary School in the formulation of policies relating to conditions of employment for the professional staff and the care and instruction of children.

That fulfillment of these respective responsibilities can be facilitated and supported by a cooperative relationship in the enforcement of policies, procedures, regulations and standards that exist in association with this agreement and those policies which relate to conditions of employment for the professional staff and the care and instruction of children. Cooperation of that sort would preclude strikes, work stoppages, or work slowdowns on the part of the professional staff, either collectively or individually and it would preclude the exercise of the School Committee’s authority in a manner which would be capricious, arbitrary, or intended solely for the purpose of harming professional employees, either individuals or the collectivity.

ARTICLE III

Except as expressly modified or restricted by a specific provision of the Agreement, all statutory and inherent managerial rights, prerogatives, and functions are retained and vested exclusively in the Committee; including, but not limited to the rights, in accordance with its sole and exclusive judgment and discretion to determine the number of employees to be employed, to hire employees, to determine their qualifications and assign and direct their work; to promote, demote, transfer, layoff, dismiss, and/or provide supplemental compensation or employment; to set the standards of productivity or effectiveness; to determine the amount and forms of compensation for employees; to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to reprimand, suspend, discharge or otherwise discipline employees for cause; to set the starting and leaving time and the number of hours or days to be worked; to use independent contractors or consultants to perform work or services; to expand, reduce, alter, combine, transfer, assign, or cease any position, program, operation, or service; to control and regulate the use of equipment, methods, materials, and equipment; to issue, amend and revise policies, rules, regulations, and practices; and to take whatever action is either necessary or advisable to determine, manage, and fulfill the mission of the Committee and to direct the Committee's employees.

ARTICLE IV

GRIEVANCE PROCEDURES

A.  Definitions

1.    A "grievance" is defined as a claim from the ETA that the contract between the Erving School Committee and the ETA has not been applied when it ought to have been, has been misapplied, or misinterpreted by the Erving School District in a way which has adversely affected an employee or a group of employees.

2.    An "employee" means an individual represented by the ETA.

3.    A "day" is a regularly scheduled teacher contract day except during the school summer vacation when a day shall mean a weekday, exclusive of legal holidays.

B.  Procedures and Time Limits

1.   No grievance shall be pursued by the ETA unless the individual or group that believes itself aggrieved has discussed the matter informally with the appropriate immediate supervisor.

2.   If informal discussion does not resolve the problem satisfactorily, the ETA may present a grievance in writing to the immediate supervisor within ten (10) days of the incident which gives rise to the grievance or within ten (10) days of when the employee becomes aware of the incident or should have been aware of the incident.

3.   The immediate supervisor shall meet with the ETA within ten (10) days of the submission of the grievance. The immediate supervisor will provide a written response to the grievance within ten (10) days after the meeting. In preparation for submission of the response, the supervisor may meet with any relevant individual so long as any employee may have, if he or she wishes, an ETA representative present at the meeting.

4.   If the grievance is rejected, the ETA will have ten (10) days to submit a written grievance appeal to the Superintendent of Schools (unless the grievance was submitted first to the Superintendent of Schools) or his or her representative. Any grievance appeal not submitted within (10) days will be considered untimely and no longer grievable.

5.   The Superintendent of schools, or his/her representative, shall meet with the ETA within ten (10) days of the submission of the grievance to the Superintendent. The Superintendent, or his/her representative, will provide a written response to the grievance within ten (10) days after the meeting. The Superintendent, or his/her representative, may meet with any relevant individual so long as any employee may have, if he or she wishes, an ETA representative present at the meeting.

6.   If the grievance is rejected, the ETA will have twenty (20) days to submit a written grievance appeal to the School Committee. Any grievance appeal not submitted within twenty (20) days will be considered untimely and no longer grievable. Submission to the Superintendent of Schools on behalf of the School Committee will meet procedural requirements.

7.  The School Committee shall meet with the ETA within forty-five (45) days of the submission of the grievance to the School Committee. The School Committee will provide a written response to the grievance within ten (10) days after the meeting.

8.   If the grievance is rejected, the ETA will have thirty (30) days to submit the grievance for arbitration to the Division of Labor Relations or to the American Arbitration Association. Any grievance not submitted within thirty (30) days will be considered untimely and no longer grievable.

9.   The arbitration will be conducted in accordance with the rules of procedure of the selected arbitration authority. Any filing fees and the arbitrator’s fees and expenses will be shared equally by the ETA and the School Committee. However, each party will be responsible for its own costs of representation.

10.  The time limits outlined in the grievance procedure may be extended by mutual written agreement between the ETA and the School Committee.

11.  An employee may process a grievance, on his or her own, but the ETA may be present at any step of the grievance procedure. Only the ETA may process a grievance to arbitration.

12.  The ETA, School Administration, or School Committee may have others present at any step of the grievance procedure who are acting in a representative capacity.

ARTICLE V

CONDITIONS OF EMPLOYMENT

A. Work Year

The work year for teachers (other than new personnel who may be required to attend additional orientation sessions) while under the direction of the School District will be 185 days. Additional mandatory days would be paid at 1/185th of a teacher's contracted salary. A reduced number of days would be deducted at 1/185th of a teacher's contracted salary. Part-time teachers will work no less than one additional day before the start of the students' school year and one additional day after the conclusion of the students' school year.

B. Working Hours

School hours for students, other than for after school programs will be no greater than:

six and one half hours on any school day except for Wednesday every week and the Tuesday and Thursday of conference weeks which will be four and one half hours

except that those hours may be increased if additional time is necessary to meet the requirement of 900 hours of structured learning time as demanded in the regulations adopted by the Board of Education.

Full-time teachers work between 45 and 52 hours per week. A portion of that time, however, is not under the direct control of the School District.

Teachers who work less than full time, but are at least a .5 FTE shall be considered half time teachers under this agreement for purposes of benefits. Teachers working less than full time in separate schools in School Union 28 under a shared agreement who work an average of at least .5 FTE between the schools shall also be considered half time teachers. Accordingly, half time teachers shall receive the same type of health and dental insurance plans offered to full time teachers, and shall pay the same percentage splits for such plans. All other benefits in this agreement will be accrued on a pro-rata basis.

Every work day, teachers must be in school between 8:15 am and 3:30 pm. Teachers are responsible for the instruction and supervision of students. In addition, they have responsibilities that include, but are not limited to, teachers' conferences; detention of students, faculty meetings, special education evaluation meetings, extra-help for students, staff workshops or in-service activities, and such other meetings as may be required by the School District to fulfill state and federal mandates. Typically, after-school meetings will be convened on Monday through Thursday, will end by 4:15 pm and will be limited to no more than two per week. On occasion, the Principal may allow departures from this schedule.

C. Parent Conferences

When school-wide parent conferences are held, three days of the conference week will be 70% days. Teachers may need to schedule evening conferences and work beyond the typical workday in order to meet with all parents during the conference period. These conferences are considered normal teaching responsibilities and will not be compensated for above and beyond one’s annual salary. Teachers may leave any time on these days between conferences. Teachers shall submit a written copy of their parent teacher conference schedule to the principal. Any teachers leaving the building before 3:30 shall sign out and shall sign back in upon return. Teachers not having late afternoon or evening conferences must stay until 3:30.

D. Every teacher will have a thirty minute duty-free lunch period each day.

E. Effective teaching requires detailed planning and preparation.

Typically all teachers shall be provided a minimum of 90 minutes of personal planning and preparation time within the students’ day each week. Planning time will be in either three blocks of thirty minutes or two blocks of forty-five minutes. However, any planning / prep time above the 90 minutes shall be considered time that the administration can assign collaborative tasks to be completed and/or attendance at meetings that relate to student performance.

ARTICLE VI

SALARY

A.  Salary Schedules (attached)

Year One:          FY 2014: 2.25% cost of living increase

Year Two:          FY 2015: 2% cost of living increase

Year Three:       FY 2016: 2.25% cost of living increase

B.  Salary Schedule Credit

Traditional Courses: In order to be eligible for salary schedule credit, all courses or programs of study must be relevant to the elementary teaching assignment and must be submitted in writing to the Superintendent of school in advance of taking the course. The Superintendent will submit his/her approval or disapproval to the teacher in writing. If the Superintendent does not approve the request, the courses may not be used for salary schedule credit. In the event the Superintendent does not approve the request for salary schedule credit, the teacher may submit additional evidence supporting course approval. Upon completion of an approved course, documentation demonstrating successful completion of the course must be submitted to both the Superintendent and the Principal. The official transcript should go to the Superintendent and a copy to the Principal.

Online Courses: In order to be eligible for salary schedule credit the following criteria must be met:

1.            Course must be affiliated with an accredited * college**

2.            The course must be approved by the Principal prior to the teacher enrolling in the course. The Principal will ascertain its relevance to the staff member’s current teaching assignment. (A detailed course description must be submitted to the Principal, as well as a face-to-face discussion with the Principal during this approval phase).

3.            Recommendation from Principal (w/written documentation for the course) is submitted to the Superintendent for final approval prior to enrollment in the course. The Superintendent’s final approval or disapproval of the course will be submitted to the Teacher in writing.

4.            To receive credit towards salary advancement, documentation demonstrating successful completion of the course must be submitted to both the Superintendent and the Principal. The official transcript should go to the Superintendent and a copy to the Principal.

*accredited as determined by the college’s eligibility for federal grants and student FAFSA loans.

** for the purpose of the contract language the definition of ‘college’ is brick and mortar facility; preferably a non-profit institution.”

C.  Course Reimbursement

The District will reimburse a maximum of one (1) course per school year per teacher. In order for a course to be eligible for reimbursement the course must be approved for salary schedule credit or otherwise approved by the Superintendent for reimbursement prior to taking the course. Course reimbursement will be made by the District upon demonstrating successful completion in the form of an official transcript submitted to the Superintendent of Schools. The actual amount of reimbursement will be capped at the prevailing graduate school rate per credit hour at the University of Massachusetts/Amherst at the time of application and will not include fees other than the aforementioned UMASS graduate tuition cost. If a Principal requests or requires that a course is taken, the course will be paid for by the District.

D. Step Placement

A person hired on the teachers’ salary schedule will receive full credit for previous teaching experience. Relevant experience will include all full academic years of teaching experience in a public school setting. Newly hired teachers may or may not receive credit for all full academic years of teaching experience at a private school. The Superintendent will review these work experiences and make a determination whether these experiences are relevant to the position being filled at Erving Elementary School. A teacher already employed by any School Committee in School Union #28 will suffer no loss of step placement upon employment by the Erving School Committee so long as their previous teaching experience is relevant to the new position.

E. Increments

Teachers who expect to advance across salary lanes from Bachelors through Masters plus 30 must notify the Superintendent of Schools in writing on or before November 1st of the year preceding the expected granting of this advancement in order to meet budget requirements. The principal must circulate a notification sheet to all teachers by November 1st where the teachers will indicate by signature their intention to change salary lanes. The appropriate increase in annual salary is to begin on September 1st following completion of the requirements with the exception that if the requirements are completed in January, the increase in salary shall be pro-rated beginning the month following completion of the requirements.

F. Staff Step Increase

Staff members will be eligible to advance one step from their prior step at the commencement of each school year regardless of full or part time FTE status.

G.  Longevity

Teachers who have completed 15 years of service in the Erving Elementary School will receive longevity pay in the amount of $1,250 annually.

Teachers who have completed 20 years of service in the Erving Elementary School will receive longevity pay in the amount of $1,750 annually

Teachers who have completed 25 years of service in the Erving Elementary School will receive longevity pay in the amount of $2,000 annually.

Teachers who have completed 30 years of service in the Erving Elementary School will receive longevity pay in the amount of $2,500 annually.

H. Non-Course Professional Development Credit

The School District may grant up to three credits annually for unusually substantial professional development activities, as projected in a professional development plan. Such unusually substantial professional development activities may include, but are not limited to, conducting professional workshops, curriculum development work, work in a professional organization, or publication.

I. Salary Payment Schedule

If permitted by law, teachers shall have the following options of receiving their pay in:

1. Paid on a bi-weekly payment schedule over a 10 month or 12 month period.

J. Part-time Professionals Pay

Part-time professional employees pay will be calculated on a prorated basis of the portion of time worked during a full school week. Any professional employee who works a partial school year will be paid for actual days worked, including approved leave days.

K. Tax Sheltered Annuity

Regularly assigned teachers may participate in the tax-sheltered annuity of their choice with the District providing "timely and accurate" payroll deductions for this purpose.

ARTICLE VII

INSURANCE

All teachers covered by this contract shall be eligible to participate in any Group Health Insurance Plan and Group Life Insurance Plan in accordance with the provisions of Chapter 32B of the Commonwealth laws, and in accordance with the provisions of said plan adopted by the Town of Erving and in full force and effect for all employees of the Town of Erving. During the contract, the Town reserves the right to increase employee contributions for insurance by no more than 2% per year. The Town may negotiate with different insurance carriers. This section will end at the conclusion of the contract and is not subject to provisions for extensions for the sole purpose to allow the Selectboard to make adjustments to health insurance that is lawfully their province for all town employees.

ARTICLE VIII

TEMPORARY LEAVES OF ABSENCE

A. Sick Leave

1.          Fifteen (15) days sick leave shall be allowed each academic year. Teachers in their first year of service only shall receive six (6) days upon the first day of the school year and shall receive an additional day on the first day of each month of the school year for a maximum of fifteen (15) days. If the first year teacher has used more sick days than has been accumulated at any point in the year and therefore has taken unpaid sick day(s), but at year’s end has accumulated unused sick day(s), the teacher may submit for reimbursement for those unpaid sick days in exchange for the accumulated sick day(s).

2.  Sick leave shall only be used for the following reasons:

a.  Illness of the teacher. The District reserves the right to require proof of the illness.

b.  Serious illness in the immediate family that requires the attendance of the teacher when no other arrangements are possible.

c.  The District reserves the right to insist that teachers must take time off with sick leave pay under certain conditions,

3.   The building Principal will normally grant approval for the use of sick leave. In any unusual or questionable circumstances the building Principal may pass the request onto the Superintendent of Schools for approval.

B.  Sick Leave Accumulation for Professionals Previously Employed in Union #28

Any individual employed as a full-time professional who was employed the previous year as a full-time professional, within Union #28, will be able to transfer any earned accumulated sick leave up to a maximum of the number of such days that would be accumulated in a two-year period.

C.  Personal Leave

A teacher will be allowed, each school year, three days for necessary business which requires absence during the school hours. Any unused days shall be allowed to accumulate each year to a total of five days. Barring an emergency, advance notice (three school days) shall be given in written form to the Principal of the building. Normally, personal leave days are not to be used to extend a three day weekend or any vacation period as commonly defined. The administration reserves the right to request written explanation for the use of these days. Reasons for single day leave are not necessary but reasons for consecutive multiple days should be stated.

On occasion, teachers may need to attend to personal matters that require them to leave the building for a brief period of time, arrive late to work, or leave early. If the time missed exceeds forty-five (45) minutes, personal time (or salary if personal time has been exhausted) will be deducted based upon the percentage of the school day that was missed. Coverage for such leave must be arranged by the teacher and coverage and leave must be pre-approved by the principal. When the principal is unavailable to pre-approve the request, the teacher shall notify the secretary of the emergency leave and coverage arranged. If the secretary cannot reach the Principal or knows that the Principal wishes not to be interrupted, he/she will accept the notification. The teacher shall report the leave situation to the principal as soon as possible.

D.  Funeral Leave

Up to five (5) days of leave shall be granted for the death in the immediate family to arrange for and attend the funeral and deal with other associated issues without being charged sick leave or personal leave. Immediate family shall mean wife, husband, son, daughter, father, mother or domestic partner. Notification of such leave should be provided to the Superintendent and Principal as soon as practical.

Up to three (3) days of leave may be granted for the death of a brother, sister, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law and brother-in-law and other members of the employee’s immediate household. Advanced notice for such requests must be provided to the Superintendent or his/her designee.

One (1) to two (2) days may be granted for more distant relatives (e.g., cousins, nieces/nephews, spouse relations, etc…)

Additional days may be granted by the Superintendent if travel is involved; however, this will be determined on a case by case basis.

At the discretion of the Superintendent, bereavement leave may be granted for the death of someone not in the employee’s immediate or extended family.

E.  Sabbatical Leave Program

1.  The Sabbatical Leave Program is designed to improve the quality of instruction in the Erving Elementary School. It is recognized that such a program will affect a limited number of employees, but it is suggested in the hope that it may serve to encourage teachers of exceptional ability to remain at the Erving Elementary School.

2.  Benefits:

a.   A teacher, administrator, or supervisor may be granted a full year's leave from his regular duties in the Erving Elementary School at one half his annual salary to pursue formal study or self-improvement which, in the opinion of the Erving School District, will lead toward a significant contribution to improve some aspects of the instructional program at the Erving Elementary School.

b.  A teacher, administrator, or supervisor may be granted a one-half school year's leave from his regular duties in the Erving Elementary School at a full annual salary rate to pursue formal study or self-improvement which, in the opinion of the Erving School District, will lead toward a significant contribution to improve some aspects of the instructional program at the Erving Elementary School.

c.  A teacher, administrator, or supervisor may be granted anytime up to, but less than, one-half school year's leave from his regular duties in the Erving Elementary School at a full annual salary rate to pursue formal study or self-improvement, which in the opinion of the Erving School District will lead toward a significant contribution to improve some aspects of the instructional program at the Erving Elementary School.

3.  Method of Application:

A member of the professional staff wishing to apply for consideration as a sabbatical leave candidate shall submit, in writing, a request to the Superintendent of Schools, indicating the plan of study and which of the three types of leave indicated above will best fit into the program. Such written application must be received by the Superintendent by December 1st, preceding the school year for which the request is being made. Action must be taken on all such requests no later than May 1st, preceding the school year for which the request has been made.

4. A board of four members to be known as the Sabbatical Review Board shall process all applications and submit a recommendation to the Superintendent of Schools at a date no later than April 15th of the school year preceding that for which the leave is to be granted. Members on this board shall consist of two representatives of the Erving School Committee, the Principal of the Erving Elementary School, and one teacher chosen by the teaching staff.

5.  Conditions and requirements for sabbatical leave recipients:

a.   Teachers considered for sabbatical leave must have served in the Erving Elementary School for at least seven years.

b.  The quality of service and contribution to the total school system will be a factor in the choice of candidates to receive a sabbatical leave.

c.  Any recipient of a Sabbatical Leave Award shall agree, in writing, to return to the Erving Public Schools for a period of at least two school years.

d.  Upon return from sabbatical leave a teacher's salary and fringe benefits will be at that level to which he would be entitled had he continued in a regular professional employment without a sabbatical leave.

e.  Upon return to regular employment at the completion of a sabbatical leave, insofar as possible, the teacher shall resume the position which he held at the time said leave commenced.

f.  In the default of the completion of such service, he shall refund to the District an amount equal to such proportion of salary received by him while on leave as the amount of the service not actually to be rendered, unless said default is due to illness, disability, death or other circumstances beyond the control of the individual.

g.  It shall not be binding upon the Erving School District to grant a specific number of requests should it appear in their judgment that granting such requests would not be in the best interest of the Erving Public Schools because of the creation of staff shortages, because of financial limitations, or because the qualifications of the candidates or their plans do not meet the quality which is expected.

F.  Part-time Professional Employee Benefits

Except for health and life insurance and unless otherwise specified in the contract, part-time professional employees are eligible for all of the benefits that regular full-time professional employees receive on a prorated share based on the prorated portion of time worked during a full school week.

G. Jury Duty

When a person, covered by this agreement, is required to be absent from his regular duties because of jury duty and receives compensation from the appropriate governmental authority for reporting for said jury duty, he will receive the difference between (1) the wages he would normally receive for that day's work, and (2) the amount which he receives from the appropriate governmental authority for jury duty for such day or days (not to include mileage or meals) except that such payments will not exceed a period of four weeks within a single year.

H. Military Leave

Military leave without pay shall be granted to any teacher who is inducted or recalled to active duty in any branch of the Armed Forces of the United States.

I. Public Office

The District shall grant a leave of absence without pay to any member of the professional staff to serve in an elected full-time public office for one (1) term so long as any such leave is coterminous with one or more school years.

J. Travel/Study

A leave of absence without pay may be granted for up to one (1) school year for the purpose of travel or for further educational study. Request for such a leave must be made to the Superintendent by May 15 of the previous school year.

K. Sickness in Family Leave

A leave of absence without pay up to one (1) year may be granted for the purpose of caring for a sick member of the teacher's immediate family. Additional leave may be granted at the discretion of the Superintendent of Schools.

L. Other leaves may be granted at the discretion of the School Superintendent.

ARTICLE IX

STUDENTS OF NON-RESIDENT EMPLOYEES

Teachers employed .5 FTE or more who do not live in Erving are authorized to have their own children or children who live with them as part of their family attend the Erving Elementary School on a tuition-free basis, providing that there is space available and a written request is submitted to the Superintendent and approved by the School Committee and providing that the child attending would not have an adverse financial impact or any other adverse impact on the school. If approved by the School Committee, the parent will be responsible for providing transportation to and from school.

ARTICLE X 

SUPERVISION / EVALUATION

ORIENTATION

By the end of September, teachers will receive an annual orientation regarding the evaluation process. New teachers will receive an initial orientation regarding the evaluation process as part of the Induction program which is presented at the start of the school year.

PHILOSOPHY

The goals of the evaluation for teachers shall include the identification of the strengths and weaknesses of teachers, the importance of and the necessity of professional growth, and the maintenance of the effectiveness of educational programs.

PROCESS

Each teacher will work under the direction of the Principal to establish an individual professional development plan (IPDP) for him or herself. This plan may include the following: course work, attendance at workshops, visits to other schools and / or classrooms, and other professional development activities. For all relevant positions, an appropriate administrator will use a consistent evaluation process with all teachers in this bargaining unit, one that is determined to provide the most objective feedback to teachers across all job domains (e.g. planning and preparation; classroom management; delivery of instruction; monitoring, assessment and follow-up; family and community outreach; and professional responsibilities).

Supervision and evaluation of all teachers will be conducted openly and with full knowledge of the teacher. He/she will be given a copy of any observation and evaluation report and will have the right to discuss the report with the appropriate administrator.

1.    After a discussion of a report, the teacher being evaluated will sign it. It is expressly understood that such signature in no way indicates agreement with the content thereof.

2.    The teacher will have the right to submit a written response to a report, which shall be reviewed by the Superintendent and attached to the file copy.

“Professional Status Teacher”

Teachers with professional status shall be evaluated as to their professional competence at least once every two years. An appropriate administrator will observe teachers informally and, at least twice formally as part of the evaluation process. All first observations of teachers will be completed by February 1st. Second observations will be completed by April 15th, for the purpose of examining the teacher’s success with his/her professional growth plans and his/her success in meeting school system goals. The appropriate administrator will meet with the teacher after each formal observation to discuss the observation.

“Teachers Without Professional Status”

Teachers without professional status shall be evaluated as to their professional competence at least annually. An appropriate administrator will observe the teacher informally and, at least twice formally as part of the evaluation process. First observations of all non-professional status teachers in their first year of employment at Erving will have at least one formal observation completed no later than October 15th. Second observations will be completed by April 15th for the purpose of examining a teacher’s success with his/her professional growth plans and his/her success in meeting school system goals. The appropriate administrator will meet with the teacher after each official observation to discuss the observation.

Non-professional status re-appointments are presented in writing to the teacher by June 15th.

Before the end of the school year, the Principal will conference with the teacher and create a written summative evaluation. This summative will provide feedback to the teacher being evaluated in all of his/her critical job domains. If the teacher requests and the parties mutually agree, this process can extend beyond the end of the school year.

Should it become apparent to the school administration that a professional status teacher is not demonstrating the necessary commitment and/or skills to be successful at Erving Elementary School, the teacher will be notified in writing of that concern and the need for improvement. A timeline for improvement will be established and the teacher will be given support to achieve those improvements. Should satisfactory improvement not occur, the supervisory administrator(s) may recommend to the Superintendent that the teacher be placed on probation, which will have as its effect retaining the teacher at his or her previous year’s step placement for the succeeding probationary year. Continued failure to achieve satisfactory improvement will be cause for dismissal. No teacher will be dismissed without just cause as defined in Chapter 71 Sec. 42 and case law.

Notwithstanding any of the provisions contained in this contract, the school district may use the contents of a teacher’s evaluation to make determinations regarding the teacher’s employment status, including among others, a determination to suspend a teacher pursuant to Section 42D of Chapter 71 of the General Laws and a determination to dismiss a teacher pursuant to Section 42 of Chapter 71 of the General Laws. Observation and evaluation forms currently in use are attached to and made a part of this Agreement.

ARTICLE XI

HIRING and RESIGNATION

VACANCIES AND POSTINGS

1.           When a vacancy occurs in a position covered by this contract, the Superintendent and the Principal shall determine the qualifications for the position.

2.           The positions will be posted in the teachers’ lounge and in the central office for at least five (5) school days during the work year and ten (10) calendar days during the summer. Posting and public advertising may take place simultaneously. During the summer months, copies of postings will be mailed directly to the president of the ETA.

3.           Qualified and interested currently employed teachers may request a transfer for an opening position during the posting period. Applicants for transfer will always be interviewed for the position and will be notified of the Principal/Superintendent’s decision.

4.           If the position remains unfilled after consideration of the transfer requests of currently employed teachers, an employee who requested a transfer may still apply for the vacancy and be considered and interviewed along with applicants from outside the school system.

RESIGNATION

A teacher who is retiring or resigning from his/her position before the end of the school year will provide the administration with a written notice of his/her intentions 30 days prior to their last day of employment, unless both parties mutually agree to some other arrangement. If the retirement or resignation happens during the summer, teachers will notify administration in writing of their intentions 30 days prior to the start of the school year for teachers.

ARTICLE XII

MENTOR TEACHERS

1.            Mentors shall be selected from among all qualified applicants by the Superintendent after consultation with the building Principal.

2.            Mentor teachers shall serve for a period of one (1) year and may apply for additional appointments.

3.            Mentor Teachers shall be required to meet with the teachers they are mentoring for one (1) day prior to the beginning of the school year.

4.            No mentor shall be responsible for mentoring more than three (3) first-year nor four (4) teachers total in any given year.

5.            Mentor teachers shall not evaluate the teachers assigned to them. They shall provide “mentee meeting period reports” to the Principal that document the areas covered and the mentoring process.

6.            Mentors shall meet outside the school day or during preparation periods with teachers assigned to his/her as follows:

a.           First-year teacher new to the profession: six (6) times during the school year at interval of approximately six (6) weeks.

b.           Teacher new to Erving Elementary School, but with experience elsewhere: four (4) times during the school year at intervals of approximately nine (9) weeks.

c.            Second-year teacher at Erving Elementary School: three (3) times during the school year at intervals of approximately twelve (12) weeks.

d.           Third-year teacher at Erving Elementary School: two (2) times during the school year.

e.            Meetings shall be at least forty-five minutes in length and shall include such topics as lesion planning, classroom management, test and assessment preparation and the like.

f.            Mentors shall be provided with time during the school year to observe the classes of their mentees at least once per meeting period.

7.            A mentor shall receive a stipend of $600.00 for each mentee. He or she shall also have access to one (1) release day for each mentee for observation and mentoring during the course of the school year. With the agreement of the principal and the mentor, these days may be taken as full or half days.

8.            All first-year teachers must participate in the mentoring program. Second and third year teachers will be recommended for continued mentoring, during their annual evaluation.

ARTICLE XIII

TEACHER IN CHARGE

The Administration may appoint a Teacher-In-Charge for one year, who shall be the administrative officer of the building during the temporary absence of the Principal. The duties and responsibilities of the Teacher-In-Charge shall be defined by the School Committee.

During the term of this agreement, the Teacher-In-Charge shall be paid a stipend:             $850/year

Half of the stipend will be paid in January and half will be paid in June.

ARTICLE XIV

REDUCTION IN FORCE

When a reduction in the teaching staff is necessary because of a decrease in student enrollment or for other reasons approved by the School Committee, and the area, subject, level or programs to lose staff positions are approved by the School Committee, then the School Principal and School Superintendent will determine the teacher or teachers to be dismissed. A decision for dismissal will consider the following factors: the particular strengths and weaknesses of individual teachers, the particular needs of the school and the seniority of individual teachers. Where the first two factors are relatively equal, seniority will prevail.

Among the kinds of factors which might be considered are the individual teacher's appropriateness for the work at particular grade levels and/or specific individual strengths which match school needs such as knowledge about certain curriculum areas. Seniority shall be defined as the latest date of hire as a teacher at Erving Elementary School, including all time spent on recognized leaves of absence.

If a decision for dismissal is to be taken, the School Superintendent will notify the ETA and the individual involved no less than one week prior to notice of dismissal. When possible, normal attrition will first be used to offset staff reductions. No teacher with professional status who is certified and qualified for positions held by teachers without professional status will be released. Any teacher with professional status released because of reduction in force will receive a written notice that states that the teacher's release was due to a reduction in the teaching force.

The School District will be prohibited from dismissing a teacher for arbitrary and capricious reasons. Any teacher with Professional Teaching Status dismissed due to a reduction in force is entitled to receive a one-time severance payment in the amount of ten percent (10%) of the Professional Teacher Status teacher’s previous year salary. The teacher may choose to delay payment for up to one (1) year. During such delay of severance payment, the teacher shall retain recall rights. Recall rights are surrendered when the person elects to receive the payment. If the person is rehired by January 1st of the following year after electing to receive the payment, he/she will receive all sick days, seniority and other benefits accrued before the layoff provided that he/she agrees to return the full severance payment over the course of the school year. If the person is rehired after January 1st, he/she will receive all sick days, seniority and other benefits accrued before the layoff provided that he/she agrees to return half of the severance payment over the remainder of the school year.

ARTICLE XV

PROFESSIONAL IMPROVEMENT

The School Committee will pay the cost of tuition for any specific course at an accredited college, university or professional training school which the school superintendent or school principal requires a teacher to take. The School Committee will reimburse the teacher for that course within 60 days of the date that course documentation of successful completion is provided to the Superintendent of Schools.

One thousand, five hundred dollars will be available to support teachers who take courses required for recertification, so long as such courses are approved by the school principal and are part of the teacher's Individual Professional Development Plan. Funds not spent or committed by February 1 may be withdrawn from availability by the school committee or its representatives.

ARTICLE XVI

ADDITIONAL EMPLOYMENT WITH SCHOOL

The amount of extra pay to be included as part of a teacher’s regular paychecks for tutoring, summer school teaching, and other activities is as follows:

a.  Certified teachers who teach in summer school programs or who tutor students will get $35 per hour; paras will receive $17.50 for hour for work during the summer.

b.  Non-certified tutors are paid $25.00 per hour.

c.   Teachers who conduct trainings (or present workshops) at the request of School Administration are paid $35 per hour for actual workshop contact time, and $35 per hour for prep time (which needs to be negotiated with administration and approved by the superintendent in advance of the work being performed).

ARTICLE XVII

DURATION OF THE CONTRACT

This agreement shall be in full force and effect from September 1, 2013 until August 31, 2016. Collective bargaining for a new agreement to become effective upon the expiration of this agreement may be reopened by either party by September 1, 2015 by giving written notice to the other party. If negotiations are not completed by August 31, 2016, the provisions of this agreement will remain in full force and effect until the successor agreement is executed. Provided however, either party can terminate this agreement after August 31, 2016 by serving written notice of their intent to terminate the agreement. The written notice must be served at least 45 calendar days prior to the actual termination.

IMPLEMENTATION AGREEMENT

IN WITNESS WHEREOF THE PARTIES TO THIS CONTRACT HAVE CAUSED THESE PRESENTS TO BE EXECUTED BY THEIR AGENTS, HEREUNTO DULY AUTHORIZED, AS OF THE DATE FIRST ABOVE WRITTEN.

SCHOOL COMMITTEE - ERVING ELEMENTARY SCHOOL:

______________________________________________    ________________ Chairperson

signed                                                                                              date

ERVING TEACHERS ASSOCIATION:

______________________________________________     _________________ Chairperson

signed                                                                                             date

ERVING SCHOOL COMMITTEE

2013-2014 SALARY SCHEDULE

TEACHERS

STEP

BACHELORS

B+15

MASTERS

M+15

M+30

1

$38,257

$40,169

$42,184

$44,289

$46,502

2

$39,406

$41,373

$43,449

$45,615

$47,899

3

$40,588

$42,616

$44,753

$46,984

$49,335

4

$41,806

$43,893

$46,096

$48,393

$50,816

5

$43,059

$45,211

$47,479

$49,844

$52,339

6

$44,351

$46,567

$48,904

$51,339

$53,909

7

$45,681

$47,965

$50,370

$52,879

$55,527

8

$47,053

$49,404

$51,881

$54,466

$57,193

9

$48,464

$50,886

$53,438

$56,099

$58,908

10

$49,877

$52,412

$55,039

$57,783

$60,676

11

$51,373

$53,985

$56,691

$59,515

$62,496

12

$52,960

$55,605

$58,392

$61,301

$64,371

13

$54,549

$57,273

$60,144

$63,140

$66,302

14

$56,185

$58,991

$61,948

$65,034

$68,291

SICK DAYS                        15 DAYS PER YEAR, UNLIMITED ACCUMULATION

(PLEASE REFER TO CONTRACT LANGUAGE FOR FIRST YEAR TEACHERS)

PERSONAL DAYS                     3 DAYS PER YEAR, CUMULATIVE TO 5 DAYS

FUNERAL LEAVE                      UP TO 5 DAYS (PLEASE REFER TO CONTRACT LANGUAGE FOR BREAKDOWN)

LONGEVITY                

 $1,250 AFTER 15 YEARS OF SERVICE

$1,750 AFTER 20 YEARS OF SERVICE

$2,000 AFTER 25 YEARS OF SERVICE

$2,500 AFTER 30 YEARS OF SERVICE

MENTOR                       $600/mentee

TEACHER-IN-CHARGE                       $850/year

ERVING SCHOOL COMMITTEE

2014-2015 SALARY SCHEDULE

TEACHERS

STEP

BACHELORS

B+15

MASTERS

M+15

M+30

1

$39,022

$40,972

$43,028

$45,174

$47,432

2

$40,195

$42,200

$44,318

$46,527

$48,857

3

$41,400

$43,468

$45,648

$47,924

$50,322

4

$42,642

$44,771

$47,018

$49,361

$51,832

5

$43,920

$46,116

$48,429

$50,841

$53,386

6

$45,238

$47,498

$49,882

$52,366

$54,988

7

$46,595

$48,924

$51,377

$53,937

$56,637

8

$47,994

$50,392

$52,918

$55,555

$58,337

9

$49,434

$51,904

$54,507

$57,221

$60,087

10

$50,875

$53,460

$56,140

$58,938

$61,889

11

$52,401

$55,065

$57,825

$60,706

$63,746

12

$54,019

$56,717

$59,560

$62,527

$65,658

13

$55,640

$58,419

$61,347

$64,403

$67,628

14

$57,309

$60,171

$63,187

$66,335

$69,657

SICK DAYS                        15 DAYS PER YEAR, UNLIMITED ACCUMULATION

(PLEASE REFER TO CONTRACT LANGUAGE FOR FIRST YEAR TEACHERS)

PERSONAL DAYS                     3 DAYS PER YEAR, CUMULATIVE TO 5 DAYS

FUNERAL LEAVE                      UP TO 5 DAYS (PLEASE REFER TO CONTRACT LANGUAGE FOR

BREAKDOWN)

LONGEVITY                 

$1,250 AFTER 15 YEARS OF SERVICE

$1,750 AFTER 20 YEARS OF SERVICE

$2,000 AFTER 25 YEARS OF SERVICE

$2,500 AFTER 30 YEARS OF SERVICE

MENTOR                       $600/mentee

TEACHER-IN-CHARGE                       $850/year

ERVING SCHOOL COMMITTEE

2015-2016 SALARY SCHEDULE

TEACHERS

STEP

BACHELORS

B+15

MASTERS

M+15

M+30

1

$39,900

$41,894

$43,996

$46,191

$48,499

2

$41,099

$43,150

$45,316

$47,574

$49,956

3

$42,331

$44,446

$46,675

$49,002

$51,454

4

$43,601

$45,778

$48,075

$50,471

$52,998

5

$44,908

$47,153

$49,518

$51,985

$54,587

6

$46,256

$48,567

$51,004

$53,544

$56,225

7

$47,643

$50,025

$52,533

$55,150

$57,912

8

$49,074

$51,526

$54,109

$56,805

$59,649

9

$50,546

$53,072

$55,733

$58,508

$61,439

10

$52,019

$54,663

$57,403

$60,264

$63,282

11

$53,580

$56,304

$59,126

$62,071

$65,180

12

$55,235

$57,993

$60,900

$63,934

$67,136

13

$56,892

$59,733

$62,727

$65,852

$69,150

14

$58,599

$61,525

$64,609

$67,828

$71,224

SICK DAYS                        15 DAYS PER YEAR, UNLIMITED ACCUMULATION

(PLEASE REFER TO CONTRACT LANGUAGE FOR FIRST YEAR TEACHERS)

PERSONAL DAYS                     3 DAYS PER YEAR, CUMULATIVE TO 5 DAYS

FUNERAL LEAVE                      UP TO 5 DAYS (PLEASE REFER TO CONTRACT LANGUAGE FOR

BREAKDOWN)

LONGEVITY                 

$1,250 AFTER 15 YEARS OF SERVICE

$1,750 AFTER 20 YEARS OF SERVICE

$2,000 AFTER 25 YEARS OF SERVICE

$2,500 AFTER 30 YEARS OF SERVICE

MENTOR                       $600/mentee

TEACHER-IN-CHARGE                       $850/year