Fall River

AGREEMENT
Between the
FALL RIVER, MASSACHUSETTS
SCHOOL COMMITTEE
and the
FALL RIVER, MASSACHUSETTS
EDUCATORS' ASSOCIATION
September 1, 2006 through August 31, 2009

 

INDEX

ARTICLES NAME PAGE

ARTICLE I	RECOGNITION	1
ARTICLE II	NEGOTIATION PROCEDURE	2
ARTICLE III	GRIEVANCE PROCEDURE	3
ARTICLE IV	SALARY	7
ARTICLE V	TEACHING HOURS AND TEACHING LOAD	8
ARTICLE VI	CLASS SIZE	14
ARTICLE VII	SPECIALIST AND SPECIAL PROGRAMS	15
ARTICLE VIII	NON-TEACHING DUTIES	15
ARTICLE IX	TEACHER EMPLOYMENT	16
ARTICLE X	TEACHER ASSIGNMENT	17
ARTICLE XI	TRANSFERS AND VACANCIES	19
ARTICLE XII	PROMOTIONAL VACANCIES	21
ARTICLE XIII	POSITIONS IN SUMMER SCHOOL, EVENING
SCHOOL, AND UNDER FEDERAL PROGRAMS	22
ARTICLE XIV	TEACHER EVALUATION	23
ARTICLE XV	TEACHER FACILITIES	24
ARTICLE XVI	USE OF SCHOOL FACILITIES	25
ARTICLE XVII	SUBSTITUTE TEACHERS	25
ARTICLE XVIII	PROFESSIONAL DEVELOPMENT & EDUCATIONAL DEVELOPMENT	26
ARTICLE XIX	PROTECTION	28
ARTICLE XX	PERSONAL INJURY BENEFIT	28
ARTICLE XXI	INSURANCE AND ANNUITY PLAN	28
ARTICLE XXII	EDUCATIONAL MATERIAL	29
ARTICLE XXIII	GENERAL	30
ARTICLE XXIV	AGENCY FEE	33
ARTICLE XXV	SICK LEAVE	33
ARTICLE XXVI	SABBATICAL LEAVES	38
ARTICLE XXVII	SUPERVISING OF STUDENT TEACHERS	39
ARTICLE XXVIII	CONSULTATION PROCEDURE	39
ARTICLE XXIX	SCHOOL COMMITTEE RIGHTS	39
ARTICLE XXX	TEACHER EVALUATION OF ADMINISTRATORS	39
ARTICLE XXXI	REDUCTIONS IN FORCE	40
ARTICLE XXXII	SICK LEAVE BANK	41
ARTICLE XXXIII	PERSONAL LEAVE	43
ARTICLE XXXIV	DURATION	44

 

ARTICLES NAME                                                                                                          PAGE

APPENDIX A                         TEACHERS’ SALARY SCHEDULE; LONGEVITY;  45

 EVENING SCHOOL, SUMMER SCHOOL, ETC.;

TEACHERS OF SPECIAL EDUCATION SALARY 

SCHEDULE

COACHES’ SALARY SCHEDULE                                     53

STIPENDS; CLUB ADVISORS’SALARY SCHEDULE 55

APPENDIX B                         TEACHER EVALUATION 57

APPENDIX C                         MENTORING 61

APPENDIX D                         STANDARDS 63

APPENDIX E                         MEMORANDUM OF AGREEMENT 69 DISPLACED TEACHERS

APPENDIX F                         MEMORANDUM OF AGREEMENT 73 EXPANDED LEARNING TIME

 

THIS AGREEMENT IS effective on September 1, 2006, by and between the Fall River, Massachusetts SCHOOL COMMITTEE (hereinafter referred to as the "Committee") and the Fall River, Massachusetts EDUCATORS' ASSOCIATION (hereinafter referred to as the "Association").

ARTICLE I

 

RECOGNITION

The Committee recognizes the Association for purposes of collective bargaining as the exclusive representative of a unit consisting of all professional teaching employees of the Fall River School System including coaches, Title I teachers, other grant teachers, , specialists in the teaching profession, excluding the Superintendent, Supervisors, Directors and other administrators.  Unless otherwise indicated, the employees in the above unit will be hereinafter referred to as the "Teachers".

A. 1. For each school year during the term of this Contract, the School Committee agrees to deduct:

a. Federal Income Tax

b. State Income Tax

c. Retirement

d. Blue Cross, Blue Shield

e. Regular Insurance; Optional Insurance, including Disability Insurance

f. Annuities

g. United Way Fund

h.Dues

i. General Payroll Deductions, which include the Fall River Municipal Credit Union and MTA Credit Union. Dues will be sent to the Fall River Educators’ Association. The General Payroll Deductions will be forwarded to the Fall River Educators’ Association or its designee for disbursement by the Fall River Educators’ Association or its designee according to the authorization of the member. U.S. Savings Bonds will be deducted if the same can be done by ADP, the firm which processes the School Department payroll, or the bank to which funds are deposited. If it is not possible to be done at either that firm or bank, the account shall be moved to a bank or company which can offer this service or the service will be provided.

j.Direct deposit of paychecks in Fall River banks and credit unions to be implemented upon signing of this contract.

 

2. The payroll list will be made available at the Administration Building to a representative of the Fall River Educators’ Association for one week in October and one week in February.  These weeks will be after the first payrolls in October and February.

 

ARTICLE II

 

NEGOTIATION PROCEDURE

A.1. Not sooner than January 10th of the calendar year in which the Contract will expire, negotiations will begin at the option of the Fall River Educators’ Association.  The Committee agrees to enter into negotiations with the Association over a successor Agreement in accordance with the procedure set forth herein in a good-faith effort to reach agreement concerning teachers' wages, hours, and other conditions of their employment. Such negotiations will include, but not be limited to, the handling of grievances, salaries, fringe benefits, specialists, class size, teaching hours and teaching load, performance of non-teaching duties, teacher facilities, use of school facilities, teaching assignments, transfers, filling of vacancies, promotions, textbooks, summer school and evening school programs, teacher evaluation, protection of teachers’ sick leave, leaves of absence, accident benefits, health services, substitute teachers, teaching materials, professional development and other educational development. Any agreement so negotiated will apply to all teachers and will be reduced to writing and signed by the Committee and the Association.

1.      During negotiations the Committee and the Association will present relative data, exchange points of view, and make proposals and counterproposals.  The Committee shall make available for inspection by the Association such financial records, data and information of the Fall River School Department as is complete and available to any member of the public by statutory regulations.  This inspection shall be made by appointment with the Superintendent or his/her designee.  The Association will be provided, upon request, all available pertinent information exclusive of personal files.  In any event, the Committee will not be required to supply secretarial or clerical services and will not be required to compile any information to which the Association shall be entitled.

2.      If the negotiations described in

3.      ARTICLE II, Section A, have reached an impasse, the procedure described in Chapter 150E of the General Laws of the Commonwealth of Massachusetts will be followed.

4.      Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in the negotiation. The parties mutually pledge that, subject to ratification, their representatives shall have the power and authority to make proposals, consider proposals, and make counterpro­posals in the course of negotiations.

5.      The Committee agrees not to negotiate with any teachers’ organization other than that designated as the exclusive bargaining agent pursuant to Chapter 150E.  The Committee further agrees not to negotiate with any teachers’ organization other than the Association in regard to changes in wages, hours, or other conditions of employment to become effective during the term of this Agreement.

6.      This Agreement shall not be modified in whole or in part by the parties except by instrument in writing duly executed by both parties.

7.      Any modification that is mutually agreeable to both parties shall be reduced to writing and signed by both parties and adopted by the Committee and the Association.

8.      This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiation. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the knowledge or contemplation of either or both parties at the time they negotiated or executed this Agreement.

 

ARTICLE III

 

GRIEVANCE PROCEDURE

A.DEFINITIONS

1                    A "Grievance" is a claim based upon an event or condition which affects the welfare and/or conditions of employment of a teacher or group of teachers and/or the interpretation, meaning or application of any of the provisions of this Agreement or any subsequent agreement entered into pursuant to this Agreement.

2                    An "Aggrieved Person" is the person or persons making the claim.

3                    A "Party in Interest" is the person or persons making the claim and any person who might be required to take action or against whom action might be taken in order to resolve the claim.

 

B. PURPOSE

1                    The purpose of the grievance procedure is to secure, at the lowest possible administrative level, equitable solutions to the problems affecting the welfare or working conditions of teachers.  The Committee and the Association agree that these proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.

2                    Nothing herein will be construed as limiting the right of any teacher with a grievance to discuss the matter informally with any appropriate member of the administration and to adjust the grievance without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement and that the Association has been given the opportunity to be present at the discussion and to state its views.

 

C. PROCEDURE

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

A grievance filed on or after June 1^st, which if left unresolved until the beginning of the following school year could result in irreparable harm to a party in interest, shall be considered on a reduced time limit so that the grievance procedure may be completed prior to the end of the school term or as soon thereafter as is practicable.

1. Level One

A teacher with a grievance will be present at the Level One hearing, and the grievant may be the spokesperson or may have a representative of the Association who will be present to be his/her spokesperson with the objective of resolving the matter informally. It will be incumbent upon the grievant or his/her representative to advise his/her principal and/or supervisor that a meeting is to take place. Should the grievance involve a decision by the Superintendent or his/her central management staff, it may be commenced at Level Two of this procedure.

2. Level Two

a. If the aggrieved person is not satisfied with the disposition of his/her grievance at Level One or if no decision has been rendered within ten (10) days after presentation of the grievance, he/she may file the grievance in writing with the Chairperson by the Association's Committee on Professional Rights and Responsibilities (hereinafter referred to as the "PR & R Committee") within five (5) days after the decision at Level One or fifteen

(15) days after the grievance was presented, whichever is sooner. Within five

(5) days after receiving the written grievance, the Chairperson of the PR & R Committee will present to the Superintendent of Schools and/or his/her designee a factual written statement of what has happened concerning the alleged grievance. The statement will contain the date of the violation and describe the nature of the violation. If an individual grievance, the name of the grievant will appear on the form along with the date, location and names of the parties of interest involved in the meeting established at Level One. Failure to comply with this section shall render the grievance null and void.

b. The Superintendent and/or his/her designee will represent the Administration at this level of the grievance procedure. Within fifteen (15) days after receipt of the written grievance by the Superintendent and/or his/her designee, the Superintendent and/or his/her designee will meet with the aggrieved person in an effort to resolve it. Failure to comply with this section shall render the grievance resolved in favor of the Association.

c.If a teacher does not file a grievance in writing with the Chairperson of the PR & R Committee and the written grievance is not forwarded to the Superintendent and/or his/her designee within thirty (30) days after the teacher knew or should have known of the occurrence of the act or condition on which the grievance is based, then the grievance will be considered as waived. A dispute as to whether a grievance has been waived under this paragraph will be subject to arbitration pursuant to Level Four.

3. Level Three

If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Two or if no decision has been rendered within ten (10) days after he/she has first met with the Superintendent and/or his/her designee, he/she may file the grievance in writing with the Chairperson of the PR & R Committee within five (5) days after a decision by the Superintendent or his/her designee or fifteen (15) days after he/she has first met with the Superintendent and/or his/her designee, whichever is sooner. Within five (5) days after receiving the written grievance, the Chairperson of the PR & R Committee will refer it to the Committee. Within twenty (20) days after receiving the written grievance, a sub-committee of the School Committee (hereinafter referred to as the "Sub-Committee") will meet with the aggrieved person for the purpose of resolving the grievance. The Superintendent and/or his/her designee will receive a list of grievances from the Association to be considered at a scheduled Level Three meeting a minimum of five days in advance of such meeting. Failure to comply with the five-day advance notice provision shall not affect the Arbitrability of any grievance.

4. Level Four

a.If the aggrieved person is not satisfied with the disposition of his/her grievance at Level Three or if no decision has been rendered within ten (10) days after he/she has first met with the Sub-Committee, he/she may within five (5) days after a decision by the School Committee or fifteen (15) days after he/she has met with the Sub-Committee, whichever is sooner, request in writing the Chairperson of the PR & R Committee to submit his/her grievance to arbitration. If the PR & R Committee determines that the grievance is meritorious, it may submit the grievance to binding arbitration within fifteen (15) days after receipt of a request by the aggrieved person.

b.Within ten (10) days after such written notice of submission to arbitration, the Sub-Committee and the P R& R Committee 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 by either party. 

 

The parties will be bound by the rules and procedures of the said board in the selection of an arbitrator.

c. The Arbitrator, so selected, will confer with the representatives of the School Committee and the PR & R Committee and hold hearings promptly and will issue his/her decision not later than thirty (30) days from the date of the close of the hearings; or if oral hearings have been waived, then from the date the final statements and proofs are submitted to him/her. The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusions on issues submitted. The Arbitrator will be without power or authority to make any decisions which require the commission of an act prohibited by law or which is violative of the terms of this Agreement or which is violative of inherent power and authority of the Committee as established by law. The decision of the Arbitrator will be submitted to the Committee and to the Association and will be final and binding.

d.The costs for the service of the arbitrator, including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the Committee and the Association.

 

D.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, any member of the PR & R Committee, or any other participant in the grievance procedure by reason of such participation.

2                    Any party in interest may be represented at all stages of the grievance procedure by a person of his/her own choosing and at his/her own expense, except that he/she may not be represented by a representative or any officer of any teacher organization other than the Association. If the teacher chooses not to be represented by the Association, the Association shall have the right to be present and to state its views at all levels of the grievance procedure.

 

E. MISCELLANEOUS

1                    If a grievance affects a substantial portion of the membership of a group or class of teachers or more than one teacher under more than one supervisor, the PR & R Committee may submit such grievance in writing to the Superintendent and/or his/her designee directly, and the processing of such grievance will be commenced at Level Two. The PR & R Committee may process such a grievance through all levels of the grievance procedure even though the aggrieved does not wish to do so.

2                    Decisions rendered at Levels One, Two, and Three of the grievance procedure will be in writing setting forth the decision and the reasons therefore and will be transmitted promptly to all parties in interest and to the Chairperson of the PR & R Committee. Decisions rendered at Level Four will be in accordance with the procedures set forth in Section C, Paragraph 4 (c).

 

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

 

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

 

ARTICLE IV

 

SALARY

1.      The salaries of all employees covered by this Agreement are set forth in Appendix A.

 

2.      The annual salary of employees will be computed in twenty-six equal paychecks.  During the teacher work year, teachers will be paid every other week.  Teachers shall be paid all of the salary remaining outstanding to them for the summer vacation months in a lump sum (“balloon check”). Such “balloon check” will be included in the last paycheck in June of that respective teacher work year.  If the teacher work year extends beyond the last regular payday in June, then the “balloon check” will be paid no later than the last working day of that school year.

 

3.      If any employee terminates his/her employment during a work year, his/her compensation under the Longevity Payments and the Teacher Salary Schedule of Appendix A shall be pro-rated. The manner in which such compensation shall be pro-rated shall be the total number of work days in active employment status as it relates to the total number of days in the Teacher Work Year, as defined in ARTICLE V, Section B.1.”

 

4.      At the Employer’s discretion, payment of the Lump Sum Longevity Section 2 payments may be made at any time during the contract year.  If the Employer so elects, it shall specifically state the school year for which such compensation is being made.

 

5.      As of January 24, 2006, teachers are no longer eligible to elect Alternative Longevity Payments.  Teachers who had elected the Alternative Longevity Payments prior to January 24, 2006 shall receive said payments in accordance with the contract throughout their period of three (3) years.  After all such employees have received their payments for all three (3) years, Longevity Section 2 of Appendix A, shall then be deleted.

 

ARTICLE V

 

TEACHING HOURS AND TEACHING LOAD

A.                    .The starting and dismissal time for students:

9/01/02: Elementary Schools 8:15 a.m. - 2:32 p.m.

   (K-5, except when the 6^th grade is in the elementary school.)

9/01/02: Secondary Schools 7:45 a.m. - 2:30 p.m.

a. Middle Schools (6-8)

b. High School (9-12)

 

B.                    The Association and the Committee agree that, subject to any requirement of any state agency having jurisdiction, the school year of required attendance by members shall, except as otherwise specified provided below, be a maximum of 182 duty days, if required as previously set forth, including one day for orientation and one day for professional development.  If such requirement by the appropriate state agency is not set, then the maximum shall be 180 duty days plus one day for orientation and one day for professional development.  It is understood that the work year for teachers shall not begin before the first Tuesday following Labor Day.

Effective 9/1/07, the work year for teachers will increase to 183 days.  Such additional day (and the existing professional development day) shall be a professional development day as planned by the Curriculum Leadership Team.  It shall be scheduled within the confines of the existing work year schedule as defined herein. The Teacher Salary Schedules for the second and third school years (FY 08 and FY 09) reflect the additional day.

 

Newly appointed teachers shall, at the discretion of the School Committee, be present for Orientation and Training sessions of three (3) days before the start of the school year.  Such attendance, if required by the School Committee, shall not carry additional compensation.

 

Effective in school year 2007-2008, the Administration shall have the option to require employees or selected employees to attend up to two (2) professional development days to be scheduled on the business days immediately next following the last day of school prior to July 1 of each year.  The Superintendent shall use his/her best efforts to notify teachers of said dates prior to the end of the third term but, in any event, no later than April 15^th of each year. Teachers will be paid at their per diem rate.

 

The Superintendent, at his/her discretion, may schedule multiple mandatory professional development days for teachers during the regular school day.

 

2.All personnel who may be required to work longer than the aforesaid school year will be compensated at their daily rate of pay for such additional time.  The daily rate of pay of a teacher is 1/183 (effective September 1, 2007) times the yearly salary rate of the teacher.

 

3.The instructional day of classroom teachers will begin ten (10) minutes before the designated starting times for students and will end five (5) minutes after designated dismissal times for students, except on Friday afternoons and afternoons before a holiday when the end of the teacher work day will be the same as the students' dismissal times. The time schedules in this Contract are subject to modification by the School Committee provided that no such modification will increase the length of the teacher instructional day or teacher workload.

 

4.There shall be early release of students at the elementary and middle school levels during the last two days of school.

 

a.Beginning in the 1993-94 school year at the elementary and middle school levels, the last two days shall be for released time activities consisting of in-service education, curriculum development, NEASC self-evaluations, or other professional activities consistent with Department of Education regulations, memoranda, bulletins, and the like pertaining to this subject. The last two days of school shall not be used for "department or staff meetings, record keeping, working on report cards, closing out of the year, and other administrative functions which do not qualify under the Department of Education regulations, memoranda, bulletins, and the like pertaining to this subject."

b. Students will not be dismissed early unless the Fall River School Department has school days sufficiently longer than the minimum so that the average of all its days is at least the minimum length required as set forth in the Department of Education regulations, memoranda, bulletins, and the like pertaining to this subject.

c.Subject to Department of Education written approval.

 

 

C. ELEMENTARY SCHOOLS

1. 9/1/02: Within the 8:15 a.m. -2:32 p.m. school day, there shall be included:

a. One (1) 15-minute morning recess

b. A lunch period of 30 minutes

 

2. There will be four (4) guaranteed preparation periods per week, each forty-eight

(48) minutes in length.  If a teacher does not receive his/her guaranteed preparation periods per week, he/she shall be paid at the rate of thirty-four dollars and fifty cents ($34.50), effective September 1, 2006 for the amount of time that

the teacher did not receive preparation time.

3. Minimum student instructional time of 900 hours (as specified by the Board of Education Regulations).

 

D. SECONDARY SCHOOL

1. Minimum student instructional time of 990 hours (as specified by the Board of Education Regulations).

 

E. VOCATIONAL SCHOOL

1. Minimum Instructional Time – 1,080 hours (as specified by the Board of Education, unless the Department of Education, Division of Vocational Education, permits a waiver; in which event the total instructional time shall be 990 hours).

F.The Association and the Committee agree, subject to any requirement of any State Agency having jurisdiction, 

effective September 1, 1998, that the school year of required attendance by members shall, unless there is a modification as governed by Section B.1 of this

ARTICLE, consist of the following:

176 full instruction days.

Four (4) partial released time days:

September 1, 2002, 12:00 p.m. - 2:32 p.m.

If for some unforeseen reason more time is needed to meet minimum state requirements, the time for each partial released time day will be:

September 1, 2002, 12:30 p.m. - 2:32 p.m.

The change of time will be carried out on a “need basis,” one (1) partial release time day at a time. The FREA officers can use three (3) days for FREA leadership training. The group for the FREA training shall include officers, board members, faculty representatives, and committee chairpersons. The group for training shall not exceed 75.

One (1) Orientation Day - First Tuesday following Labor Day. Orientation Day will consist of Superintendent's meeting and Department Head or School Principal's meeting.

One (1) Professional Development Day which shall be scheduled on a regular weekday immediately adjacent to or during the regular school year. Such day will not be scheduled during vacation periods. If scheduled at the beginning of the work year, it shall be scheduled on the Tuesday or Wednesday next following Labor Day and the Orientation Day shall be the other of those two days.

G.          . Teachers may be required to remain within a limit of one (1) additional hour beyond the end of the regular workday, without additional compensation for the following:

a. One day of each school month - building meeting called by the Principal.

b. One day of each school month - curriculum meetings or other meetings authorized by the Superintendent of Schools.

 

2. Three meetings per school year. Said meetings to be scheduled for two hours per meeting, attendance at all other meetings shall be at the option of the individual teacher. No additional compensation involved.  Each school may schedule its three (3) parent-teacher conferences each year (at least one of which shall be held in the evening, but none of which shall be held during school time), each based upon consultation of the staff and principal, and with appropriate parent input as to the most convenient time in order to maximize parent participation in parent-teacher conferences.

 

3.      Teachers in the secondary school will be required to supervise an after-workday detention period in their turn. Teachers will be required to supervise no more than three (3) detention periods per school year without pay; beginning with the fourth (4^th) required detention period, teachers shall be paid at the rate of thirty-four dollars and fifty cents ($34.50) effective September 1, 2006.Detention periods shall not exceed 45 minutes in length.

 

4.In the interest of quality education, teachers should devote adequate time after school to those pupils in need of extra help.

 

5.Teachers will make every reasonable effort to meet within forty-eight (48) hours, at a mutually agreeable time, with the parent(s) or guardian(s) of any of their students when the respective parent(s) or guardian(s) make such a request.

 

 

H. SECONDARY SCHOOLS:

1. Middle School Schedule and High School Regular Period Schedule

Non-Block Schedule

The number of classroom periods per week at the secondary level for the life of this contract shall be thirty-five (35); teacher will have seven (7) prep periods, one per day, if possible; and teacher may be assigned up to and including twenty-eight

(28) teaching or non-teaching periods per week.

 

2. High School

The employer shall determine whether the high school shall have the Regular Period Schedule as provided herein or the Block Period Schedule as provided herein at the high school by June 1, 1997.

There shall be at least thirty (30) days’ notice of any subsequent change from the Block Period Schedule to the Regular Period Schedule or vice-versa.  Such schedules shall be within the teacher workday as provided in Sections A.1. and B.3. provided herein above. For beginning of the school year change, the schedules provided to teachers in June under

ARTICLE X, Section A, shall satisfy the requirements of this section.

The Five Period Block Schedule 

a. No teacher shall be assigned more than three (3) classroom instructional periods per day.

b. Teachers shall be assigned a minimum of six and one-half (6.5) periods per week as preparation periods.

c. Of the remaining three and one-half (3.5) periods per week, two of such periods will be Academic Resource Center (ARC) assignments, the other period shall be for teaming and common planning.  The one-half (.5) period will be scheduled as either ARC or teaming and common planning as determined by the Administration.  ARC periods shall be for extra help, make-ups and accommodations.  Teachers will not be required to substitute or do other non-teaching duties during such three and one-half

(3.5) periods per week. In the event the Administration is not able to provide a substitute for an absent teacher, those students may be assigned to an underutilized ARC where they will have a directed study period under the direction of teachers in that ARC. To the extent possible, such assignment of students for directed study periods will be rotated among such ARCs.

d. There will be no layoffs of bargaining unit members at the high school level resulting from the implementation of the Five Period Block Schedule.

e. No terms or conditions of employment will be changed as a result of the implementation of the Five Period Block Schedule except as specifically provided herein. Teachers assigned to non-instructional periods shall not be required to prepare for or perform any follow-up for such periods.  All assignments, including schedules, shall be distributed among bargaining unit members in an equitable manner.

 

3. Secondary school teachers will not be required to teach more than two (2) subjects, more than three (3) teaching preparations within said subjects at any time.

 

4. ALL SCHOOLS:

A preparation period is defined as a scheduled period during which a teacher shall be free from classroom teaching responsibilities. During such period, a teacher may perform educationally relevant activities or participate in educationally relevant programs as said teacher may determine. The School Committee will make reasonable effort to continue the type and number of assignments during the last period of the day.

 

I. 1. MISCELLANEOUS

Elementary teachers will be released from duty a minimum of four (4) periods per week to satisfy the requirement of

ARTICLE V, C.2. If specialists are instructing his/her class for more than four (4) periods per week, the teacher shall be released from duty for the additional periods. If specialists’ classes are being held outdoors or in another part of the building, the specialists shall be responsible for bringing the class to the designated area and shall be responsible for delivering the class to the next assignment. At the end of the last period, or if lunch and recess are to follow the specialists' teaching assignment, the specialist will dismiss the class.

If the classroom teacher must teach his/her class the period in which his/her students are scheduled to be instructed by the specialists, the classroom teacher will be paid at the rate of thirty-four dollars and fifty cents ($34.50) per hour, effective September 1, 2006.

Teachers teaching their first year in the Fall River School System will be required to be present when the specialists are instructing their classes for the first four (4) weeks without additional compensation.

2. Teachers will have a duty-free lunch period of at least the length of a regular student lunch period.  

 

3. The intent being that the workload be as evenly distributed as present space and staff permit, teachers will not be assigned to duties during their preparation period unless paid at the rate of thirty-four dollars and fifty cents ($34.50) per hour, effective September 1, 2006.

 

Of a teacher's preparation periods, seven (7) preparation periods will be designated as non-duty preparation periods to be designated at the beginning of the school year by the Principal. If a teacher is given an assignment during the non-duty preparation period, a teacher will be paid at the rate of thirty-four dollars and fifty cents ($34.50) per hour, effective September 1, 2006.

Duty assignments which are from the designated non-duty preparation period will be limited to temporary emergency situations which arise during a particular school day.

Assignments during the non-designated preparation periods will be according with Article VIII, Non-Teaching Duties.

4. Elementary teachers supervising whole or part of an absent teacher's class will be paid at the rate of thirty-four dollars and fifty cents ($34.50) per hour, effective September 1, 2006.

5. There will be a fifteen (15) minute recess each morning in the elementary schools. Supervision of the recess will be by staff on a rotating basis. Staff includes Principal, Assistant or Vice-Principals, Teacher-in-Charge, Building Assistants, Teachers, Teacher Assistants and Teaching Specialists assigned full time to the particular school.

 

J. Teachers' participation in extra-curricular activities will be strictly voluntary.

K. Teachers will not be utilized to raise money in any way for the purpose of purchasing (or replacing) school equipment.

L.Expanded Learning Time

Teachers whose length of day or length of school year is increased as a result of the “School Redesign: Expanded Learning Time School Grant” will receive a pay increase proportional to their increased work time. Opt-out opportunities shall be allowed to employees where there is a certified/licensed bargaining unit member volunteering to opt-in.  Employees who elect to opt-out shall be treated as displaced employees (normally assuming the position of an opt-in or filling a vacancy).  Opt-in employees shall be treated like voluntary transfer employees as follows, limited posting period, when qualifications, experience and performance are substantially equal, the most senior will be given consideration.  Posting of any teaching positions shall be for a period of seven (7) days. All variations from existing provisions shall be subject to collective bargaining.  The Parties shall meet promptly following a tentative agreement to construct language which shall reflect these concepts.  In addition, a Joint Committee shall be established and maintained to address issues which may arise from time to time.

Additional provisions relating to Expanded Learning Time Schools are found in Appendix F.

ARTICLE VI

 

CLASS SIZE

Class size shall not exceed thirty-three (33) pupils. If the class size is over thirty (30)

students, an assistant will be supplied if the request for an assistant is made by the teacher.  The

assistant shall be in the room for one-half of the school day.  The School Committee shall strive

to limit class size to twenty-six (26) pupils.

ARTICLE VII

 

SPECIALIST AND SPECIAL PROGRAMS

The School Committee will make reasonable effort to hold to the present ratio of specialists-to-students in the Fall River School System. All positions in this Agreement governing preparation time and duty-free time shall be applied to teachers of special needs children.

 Only the specialist's supervisor can change specialist's schedule.

ARTICLE VIII

 

NON-TEACHING DUTIES

The Committee & Association acknowledge that a teacher's primary responsibility is to teach and that there are other duties necessarily implied by and attendant to the position of teacher. They agree that both parties will devote their energies to the educational system.

The parties therefore agree:

A. Teachers will be required to perform recess duty, bus duty, sidewalk duty, secondary lunch duty, and passing-period duty. The duties of the daily attendance list and the daily atten­dance date which includes the initial filling out of the information for the top of the card on computerized student register cards, student failure notices, and reporting of grades or report cards will be done by teacher. Teachers will be required to collect milk money and money for the nutrition program on two (2) consecutive days as set forth by the Principal. Passing-period duty will include at a minimum teachers being outside their classroom during passing time to insure students move in an orderly fashion.

B. State and Federal Regulations which require that teachers fill out information on forms connected with state and federal programs will be done by the teacher.

C. With regards to the filling out of any forms or cards, the past practice at the elementary and/or secondary schools will be continued.

D. Teachers will not be required to fill out or maintain Massachusetts State Attendance Registers but will sign the same when, and if, required.

E. Teachers will not be required to perform duties set forth in A & B above during preparation periods.

F. Teachers will not be required to drive pupils to activities which take place away from the school building.

G. In the event of a dispute as to whether a duty is a teaching duty or a duty necessarily implied by and attendant to the position of teacher, an arbitrator will be empowered to make a determination on the job duty in dispute.

H.At the high school, teachers may be assigned to corridors and common areas to supervise students during passing time before or between assigned periods. Such supervision shall not include supervision of student restrooms.

I. When respective schools have adequate software, hardware, and networking infrastructure to make electronic entry of attendance and report card grades practical and reasonable in relation to the teacher work day, and teachers have received adequate training, then teachers will enter report card grades and student attendance information electronically.

The Parties shall form a Joint Committee to address the issues relating to teacher use of technology, i.e. electronic grading, progress reports, software, computer use, training, resources, time, etc.  Representatives of the Parties will meet promptly following tentative agreement to begin the process of addressing these important issues.  This Advisory Committee shall present its recommendations for any changes to the Parties for their consideration.

ARTICLE IX

 

TEACHER EMPLOYMENT

A. Full credit, not to exceed ten (10) years, will be given for previous full-time teaching experience as an appointed teacher in an accredited public or private school. Credit of one year for each year of active military service, not to exceed three (3) years, and credit of one year for each year of Peace Corps work, not to exceed two (2) years, will be given to teachers upon initial employment provided official documentation is presented within 90 days of the date of appointment.

B                          1. Effective September 1, 1987, teachers with previous teaching experience in the Fall River School System will, upon returning to Fall River, receive full credit on the salary schedule for all teaching experience, military experience, and Peace Corps work up to the maximum set forth in ARTICLE IX, Section A.  All teaching personnel entering the Armed Forces as draftees, volunteers or reservists, will be compensated at the rate of one (1) year on the salary schedule for each year of involuntary service beyond the time for which they had been drafted, volunteered, or their period of activation. Teachers who have not been engaged in teaching on a full-time basis will, upon returning to Fall River, be restored to the next position on the salary schedule above that at which they left.

2. One-half of previously accumulated unused sick leave days will be restored to returning teachers. Those teachers on military leave, Peace Corps leave, or any other educationally related leave are furthermore entitled to one-half the sick days they might have accrued during these years of said leave.

 

C.CORI Reports

In compliance with the provisions of Chapter 385 of the Acts of 2002, MGL, the Superintendent shall implement the CORI Check procedure as follows:

1            The Superintendent may designate the request procedure for CORI Reports to an Executive Secretary.  The Superintendent shall be the Gatekeeper for All CORI Reports. The Superintendent shall receive, review and store all CORI Reports.  All CORI Reports shall be maintained in a separate, secure file in the Office of the Superintendent. At the discretion of the Superintendent, such Executive Secretary may receive and file employee CORI Reports, provided that performance of such responsibility is in conformance with MGL and the Agreement.

2            A principal or program director shall have access to  the CORI Report of an employee about whom he/she is making a personnel decision, as provided under Chapter 71, Sections 41 and 42, MGL.

3            Employees shall be notified that CORI reports are being requested and when such request is actually made.  Employees shall sign the request form.  Individual CORI reports shall not be requested more than once every three years, except for good cause. Employees shall be notified, in writing, if an active CORI Report is received. Employees shall be provided an opportunity to view their CORI Report and upon request shall be provided with a copy.  Upon termination of employment, each employee shall indicate, in writing, if he/she elects to be given his/her report. Otherwise, such report shall be destroyed. 

4            Employees may be represented by the Association in any meeting arising out of a review of a CORI Report.  Any personnel actions arising from the review of a CORI Report are subject to the terms and provisions of this Agreement and the General Laws of Massachusetts.

 

ARTICLE X

 

TEACHER ASSIGNMENT

A. 1. Teachers will be notified in writing of their programs for the coming year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, and any special or unusual classes that they will have, not later than the end of the school year. All teachers will receive a class list of pupils to be taught and any known medical problems upon the opening of school. It shall be the teacher's responsibility to keep the list current upon notification of any changes.

2. Subsequent changes may be made because of subjects, enrollments, staff turnover, or program exigencies. Teachers will be notified in writing within five (5) days of such changes.

 

3. If possible, study hall assignments will be included in programs for the coming year. Every effort shall be made to give study hall assignments to all teachers on an equal basis. Every effort shall be made to limit the number of students in a study hall bearing in mind the supervision problems of the teachers, the size of the faculty, other duties of the teachers, the size of the student body, and the problems of administration.

 

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 teaching experience and/or their major or minor fields of study.

C. To the extent possible, changes in grade assignment in the elementary schools and in subject assignment in the secondary schools will be voluntary.  For Title I teachers only, the Title 1 position category shall be considered one single position, i.e., the Employer may re-assign teachers within the category of Title 1 teacher as has been the past practice as of April 1, 2007. Teachers transferring in and out of the category Title 1 teacher shall be as provided by the terms and provisions of the Agreement.

D. In arranging schedules for teachers who are assigned to more than one school, an effort will be made to limit the amount of interschool travel.  Such teachers will be notified of any changes in their schedules as soon as possible and shall be reimbursed for the travel time for carrying out their assignments at the rate of $2.50 per day for the duration of this contract.

E. Teacher assignments will be made without regard to race, creed, color, religion, nationality, sex, marital status, age, sexual orientation or disability.

F. Teachers are expected to notify the Superintendent or his/her designee within thirty (30) days prior to their knowledge of anticipated termination of service in Fall River.  The teacher will be retained until the thirty (30) days have expired, unless there is mutual agreement to end employment prior to the thirty (30) day period.

G. All teachers are free to leave the school building during their lunch period provided they sign-out and sign-in in a book to be provided for that purpose.  The book shall not be a permanent record.  The sign-out/sign-in records will be discarded weekly.  Subject to the approval of the building principal or his/her designee, teachers may leave the building during their preparation periods for school-related purposes. 

 

ARTICLE XI

 

TRANSFERS AND VACANCIES

Although the Committee and the Association recognize that frequent transfers of teachers

disrupt the educational process and interfere with the optimum teaching performance, they do

also recognize that some transfer of teachers is unavoidable.

A. When the need for a transfer or a reassignment of teachers from one school to another or within a school arises for some justifiable cause including a vacancy, request for voluntary reassignment and/or transfer will be considered.

B.When involuntary transfers are necessary, a teacher's area of competence, major and/or minor field of study, quality of teaching performance, and length of service in the Fall River School System will be considered. Teachers being involuntarily transferred will be transferred only to a comparable position.

An involuntary transfer will be made only after a meeting between the teacher, the Association representative, and the Superintendent or his/her designee, at which time the teacher will be notified of the reason for the transfer.

The “Displaced Teacher” definition and applicable terms and provisions are found in

Appendix E of this Agreement.

C.A list of open positions will be made available to all teachers being considered for an involuntary transfer. All such teachers will be given reasonable, adequate time for the purpose of visiting schools at which such openings exist.

D. Notice of transfer will be given, in writing, to teachers ten (10) school days prior to transfer, unless transfer will take place on the following school year; then notices will be given no later than the end of the school year.

E. Exceptions to the provisions of Section D above may be made only if the Committee determines that it is necessary to do so in the best interest of the teacher(s) and/or schools affected. The Association will be notified of every instance in which the Committee so determines.

F. Teachers desiring a transfer will submit a written request to the Superintendent or his/her designee stating the assignment preferred.  Requests must be renewed each year.  All written requests will be acknowledged in writing.

G.Known vacancies occurring during the school year will be posted on the Association Bulletin Board in every school and a copy of the notice sent to the President of the Association.  Notices of known vacancies occurring after the school year will be sent to the President of the Association.

H. All teachers covered by this agreement will be given fifteen (15) days after posting, if required, and notification to the President to make written application for such vacancy.

I. No vacancy will be filled except on a temporary basis within fifteen (15) days from the date the notice is posted, if required, and given to the Association president.

J. The Committee agrees to give due weight to the professional background and attainment of all applicants, the length of time each has been in the school system, and other relevant factors.  In filling such vacancies consideration will be given, in the case of comparable qualification, to teachers already employed by the Committee.  Each applicant for a particular position not selected will receive written notification from the Superintendent or his/her designee that he/she was not selected.

K. Appointments will be made without regard to race, creed, religion, nationality, sex, marital status, age, sexual orientation or disability.

L. Teachers-in-charge who are assigned on an intermediate basis will continue to be paid five dollars ($5.00) per day.

 A long-term teacher-in-charge is defined as one who will serve as teacher-in-charge beyond fifteen (15) school days.  A vacancy occurring in long-term teacher-in-charge will be filled through a system-wide advertising process.  The advertising process will take place at the beginning of the school year.  The Superintendent or his/her designee will choose long-term teacher-in-charge from the system-wide application list.

A short-term teacher-in-charge is defined as one who will serve for fifteen (15) school days or less. Advertisements for short-term teacher-in-charge will be restricted to an individual building.  The Superintendent or his/her designee will choose short-term teachers-in-charge from the building-wide application list.

If a teacher will act as teacher-in-charge for seventy-five percent (75%) or more of any workday, a substitute shall be hired to replace the teacher for that day if he/she desires one.

M.The Fall River School Committee and the Fall River Educators’ Association agree that all vacancies which are to be filled will be advertised.  The parties further agree that a vacancy is any opening caused by death, promotion, resignation, retirement, dismissal, creation of a new position, or transfer. Any temporary vacancies which will last at least a full year will be filled by a teacher not a substitute.  Vacancies occurring after the opening of school will be advertised for the next school year.

Voluntary transfers to exchange positions by two or more teachers will not have to be advertised.

ARTICLE XII

 

PROMOTIONAL VACANCIES

A. A promotional position is defined as any position paying a salary differential and/or any position on the administrative or supervisory level, including but not limited to Director, Supervisor, Principal, Assistant Principal, and Department Head.

B. A notice of all known promotional vacancies and newly created positions occurring during the school year will be posted on the Association Bulletin Board in every school and a copy of the Notice sent to the President of the Fall River Educators’ Association.  Notice of known promotional vacancies and newly created positions occurring after the school year will be sent to the President of the Association and to each teacher employed by the Fall River School Committee requesting such information in writing.

C. The notice shall clearly set forth the qualifications of the position, its duties, and compensation according to the salary schedule.

D. The qualifications set forth for a particular position will not be changed prior to an appointment unless the Association has been notified in advance of such changes and the reasons therefor.

E. All Teachers covered by this Agreement will be given fifteen (15) days after posting, if required, and notification to the President to make written application for such vacancy.  If a vacancy occurs during the summer, thirty (30) days must elapse following the posting of the notice and notification to the Association President before the vacancy is filled on a permanent basis.

F. No vacancy will be filled, except as noted in E above, except on a temporary basis within fifteen (15) days from the date the notice is posted, if required, and given to the Association President.

G. The Committee agrees to give due weight to the professional background and attainment of all applicants, the length of time each has been in the school system, and other relevant factors.  In filling such vacancies consideration will be given, in the case of comparable qualifications, to teachers already employed by the Committee.  Each teacher or applicant not selected will receive written notification from the Superintendent that he/she was not selected. 

H. Appointments will be made without regard to race, creed, religion, nationality, sex, marital status, age, sexual orientation or disability.

 

ARTICLE XIII

 

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

A. Positions under Federal Programs will be adequately publicized by the Superintendent in each school building as they become available. Notice will be sent to the Association President, and teachers who have applied for such positions will be notified of the action taken regarding their application as early as possible. Summer school and evening school openings will be publicized not later than the preceding March 1^st and June 1^st, respectively, and teachers will be notified of the action as soon as possible.

B. Teaching positions in the Fall River summer schools and evening schools and positions under Federal programs will be filled first by regularly appointed and qualified teachers in the Fall River School System. If teachers are not notified of a cancellation one hour before the scheduled start of night school, teachers will be remunerated their full salary for that evening. One hour prior notification by radio before the start of night school will be deemed proper notification. All night school classes cancelled will be rescheduled, except for those cancelled due to strike by School Committee employees.

C. In filling such teaching 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 Fall River School System; and in regard to summer school or evening school positions and Federal Programs, previous Fall River summer or evening school teaching experience.

D. When a sufficient number of regularly appointed teachers in the Fall River School System is not available to fill all teaching positions, they will be filled, to the extent possible, by substitute teachers in the Fall River School System and by teachers from other school systems. To the extent that they are applicable, the same criteria that are used in making appointments from among regularly appointed teachers will be used in regard to substitute teachers and teachers from other school systems.

E. Teachers will be chosen to do all summer school teaching, and they will be given due consideration for monitoring of students or proctoring teacher tests given in the public schools and the supervision of athletic events.

F. No person covered by this contract shall hold more than two concurrent paid positions within the school system, night programs, summer programs, and/or Federal Programs (Projects). The position of coaches, assistant coaches, and club advisor will not be counted as one of the concurrent paid positions referred to in the first sentence of this section. If no qualified candidate applies, the limits contained in the first sentence may be exceeded.  All jobs will be advertised.

G. If appointed to the Fall River School System, teachers on Federal projects will get professional standing if all other requirements for professional standing have been met.

 

ARTICLE XIV

 

TEACHER EVALUATION

A Joint Study Committee, which shall be independent of any other Joint Study Committee, will be established immediately following the execution of this Agreement for the purpose of reviewing and revising the Teacher Evaluation Form and Procedure (Appendix B).  Such joint committee will be comprised of an equal number of representatives from the FREA and the Committee.  Each Party will appoint its respective representatives.

The Committee and the Association agree that the Joint Committee on Evaluation shall continue its review and revision of the Teacher Evaluation Form and Procedure (Appendix B).  It is the goal of the Committee and the Association that a revised Teacher Evaluation Form and Procedure will be piloted on a voluntary basis during the 2006-2007 school year. The goal of the Committee and the Association is for ratification and implementation as soon as possible thereafter.

A. All monitoring or observation of the work performance of a teacher for evaluation purposes shall be done in accordance with the Teacher Evaluation Instrument form in Appendix B of this Agreement.  This does not preclude other monitoring or observation; however, all monitoring or observation of the work performance of a teacher will be conducted openly and with full knowledge of the teacher.

B.                    1. Teachers will have the right, upon request, to review the contents of their personnel file. A teacher will be entitled to have a representative of the Association accompanying him/her during such review and receive a copy of anything in the file.

2. No material derogatory to a teacher's conduct, service, character, or personality will be placed in his/her personnel file unless the teacher has had an opportunity to review the material. The teacher will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed with 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 should be made to the teacher, to the department head, to the principal, and to the Superintendent of Schools, in that order.

D. The Association recognizes the authority and responsibility of the principal, director, or supervisor for disciplining or reprimanding a teacher for delinquency of professional perfor­mance. If a teacher is to be disciplined or reprimanded by a member of the administration, he/she will be personally and confidentially notified of the nature of the meeting three (3) hours prior to the meeting, and he/she will be entitled to have a representative of the Association present.  If a situation should arise in which a principal's immediate attention is warranted, he/she may take appropriate action at that time to control the situation.  If a reprimand is going to follow from the incident, the time line in sentence 2 above will be followed.

E. No teacher will be disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause.  This does not apply to the renewal of a coaching position nor the non-renewal of a non-professional standing teacher.

F. No teacher will be used by the Administration for written reports or evaluations of another. To allow this to occur shall constitute reason for redress to the Committee in the form of grievance against the sponsoring (receiver) of said reports or evaluations.

ARTICLE XV

 

TEACHER FACILITIES

A. Each new school, the construction of which is uncompleted following the commencing of this Contract and all existing schools wherever practicable, will have the following facilities:

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

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

3                    An appropriately furnished room, which will include a telephone, is to be reserved for the exclusive use of the teachers as a faculty lounge. Said room will be in addition to the aforesaid teacher work area.

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

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 restroom and well-lighted and clean female teacher restroom.

7                    A private dining area for the exclusive use of the teachers.

8                    Schools having a parking area will reserve a section for teachers.

9                    Teachers will be given an opportunity to put forth their ideas in regard to new facilities and/or alterations in old.

10                The School Committee will strive to provide for a suitable area for band practice, etc.

 

ARTICLE XVI

 

USE OF SCHOOL FACILITIES

A. The Association will have the right to request the use of school buildings at reasonable times for meetings.  The principal of the building involved will be notified in advance of the time and place of all such meetings.

B.There will be one (1) bulletin board in each school building and in each teachers' lounge in each particular school, if such school has a teachers' lounge, for the purpose of displaying notices, circulars, and other Association materials.  Copies of all such materials will be provided to the Building Principal, but his/her approval will not be required for the posting of such materials.

C. There will be no cost to the Fall River Educators’ Association for use of school buildings to run courses.

ARTICLE XVII

 

SUBSTITUTE TEACHERS

A.While the parties agree that permanent classroom teaching assignments require permanent classroom teachers in order that the educational philosophy of the City of Fall River can be implemented to the maximum extent, the parties recognize that it is necessary to have qualified substitute classroom teachers who are available to teach on a temporary basis in the place of classroom teachers who, for whatever reason, are unable to carry out their teaching duties for varying periods of time.  In the broadest sense, a substitute teacher is defined as a person assigned to fulfill the duties of a classroom teacher who is temporarily absent from his/her assignment. It is further understood that all permanent classroom teaching positions which become vacant due to promotion, transfer, resignation, retirement, or death of the permanent teacher will be properly advertised and filled by permanent appointment within sixty (60) days after being advertised.

B. PRIORITIES IN ASSIGNING PER DIEM SUBSTITUTES

Per Diem substitutes will be employed on a temporary basis under the following priorities:

1            Degreed and certified (Four-year degree) or "grandfathered" personnel

2            Degreed with prior experience (Four-year degree)

3            Degreed (Four-year degree)

4            Associates' Degree or its equivalent (minimum of sixty credit hours) and/or experienced in a vocational area; i.e., Industrial Arts or Home Economic areas.

 

C. SUBSTITUTE – METHOD OF PAYMENT

Substitute teachers may be used for a period up to the remainder of one school year to temporarily fill the position of a regular assigned teacher who is absent. Temporary positions of a full school year or more and all vacancies shall be filled by bargaining unit members.

Any degreed and certified person serving in a specific position, for which they are certified, for more than thirty (30) days shall be paid at the rate of 1/182 of Step 1 of the teachers' salary schedule for the remainder of the time they serve in that specific position. 

No payment, at Step 1 as defined herein, shall be made when the person is no longer serving in that specific position. No service hereunder shall extend beyond the end of the school year in which the specific position was assumed.

ARTICLE XVIII

PROFESSIONAL DEVELOPMENT AND EDUCATIONAL DEVELOPMENT

A. The Employer will pay the reasonable expenses (including fees, meals, lodging and transportation) incurred by teachers who, with approval of the Superintendent, attend workshops, conferences or other professional improvement sessions.

B. The Employer will sponsor one graduate level course of from twenty (20) to thirty (30) hours each fall semester and each spring semester. Such course will be offered free to all teachers who are on the maximum step of the salary schedule. Three (3) graduate credits will apply vertically and horizontally on the salary schedule.

C. The Employer agrees to pay the tuition of any in-service course a teacher on the maximum step of the salary schedule takes.

D. Course Credit. The Fall River Educators Association can set up three (3) graduate credit courses of an educational nature taught by a qualified person (any person teaching at an accredited four year college or university). The Employer will give the three (3) graduate credits to teachers who have successfully completed these courses. This credit will be applied to the B+15, B+30, B+45, B+60, M, M+15, M+30, M+45, M+60, CAGS and Ph.D. of the salary schedule. Effective September 1, 1997, all credits teachers have earned for salary lane advancement shall be “grandfathered” and shall remain to their credit. Prospectively from that date, only graduate level courses shall apply for salary lane advancement for any course registered after such date, except as provided in ARTICLE XXVII. There shall be no change concerning the practices of the Parties relating to salary lane advancement, except as specifically provided herein.

E. Horace Mann Grants

1                    All members of the bargaining unit will be eligible.

2                    Selection process is controlled by the School Committee.

3                    All work done by the individual will be performed outside regular duty time.

4                    Appeal process – Three-person Horace Mann subcommittee of the School Committee.

5                    Twelve hundred fifty dollars ($1,250.00) flat rate.

6                    Application form.

 

F.COST OF COURSE:

The School Committee agrees to pay the tuition of any In-Service course a teacher beyond maximum takes (Section C above).

Course Credit. Fall River Educators’ Association can set up three (3) graduate credit courses of an educational nature taught by a qualified person (any person teaching at an accredited four-year college or university).  The Fall River School Committee will give the three (3) graduate credits to teachers who have passed these courses. This credit will be applied to any course requirements of teachers in the Fall River School System and to the B+15, B+30, B+45, B+60, M, M+15, M+30, M+45, M+60, CAGS and Ph.D. of the salary schedule, effective September 1, 2000.  After July 1, 1997, or the execution of this Agreement, whichever is later, such courses must be on the graduate level.

Effective upon the execution of this Agreement, all credits teachers have earned for salary-lane advancement shall be “grandfathered” and remain to their credit.  Prospectively, only graduate level courses shall apply for salary-lane advancement for any course registered after effective date of this Agreement, except as provided in ARTICLE XXVII. There shall be no changes concerning the practices of the parties relating to salary-lane advancement, except as specifically provided herein.

G.Masters Degree District Alternatives

In order to attract and maintain excellent teachers, the Parties will appoint a Joint Committee effective immediately which will be charged with the responsibility of initiating and implementing the process which will allow the District to be a provider of Pathways to Alternative District Professional Development Plan to the Masters Degree within the District (through U Mass Dartmouth or Bridgewater, for example) using Professional Development funds.

 

ARTICLE XIX

 

PROTECTION

A. Teachers will immediately report in writing all cases of assault suffered by them in connection with their employment to the principal and the Superintendent of Schools.

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

C.In criminal or civil proceedings brought against a teacher alleging that he/she committed an assault in connection with his/her employment, the Committee will upon request of the teacher, furnish legal counsel to defend him/her in such proceedings.  Such request must be made in writing to the Superintendent of Schools or the Assistant Superintendent.  Within 48 hours of receipt of such request, the Superintendent of Schools or his/her designee shall notify the teacher of the means by which legal counsel will be furnished.

ARTICLE XX

 

PERSONAL INJURY BENEFIT

A. Whenever a teacher is absent from school as a result of personal injury to him/her caused by an accident or assault upon him/her occurring in the course of his/her employment, during any period for which weekly total incapacity compensation is payable under Massachusetts General Laws, Chapter 152, Section 69 as amended will apply.

B.The Committee will reimburse teachers for the cost of medical, surgical, or hospital services (less the amount of any public or private insurance reimbursement) incurred as the result of any injury sustained in the course of his/her employment.  These benefits are to be limited to such amounts as may legally be paid under the provisions of the Workmen's Compensation Act.

ARTICLE XXI

 

INSURANCE AND ANNUITY PLAN

A. Effective September 1, 1971, the Committee will pay the maximum percentage permitted by law of the cost of the following types of insurance coverage:

1                    A $5,000 term life insurance plan and a $5,000 accidental death and dismemberment policy. Upon retirement $5,000 life insurance without the accidental and dismemberment policy;

2                    Individual or family coverage, whichever applies in the particular case, for Blue

 

Cross and Blue Shield of the type presently available to teachers and/or retired teachers; and Blue Cross and Blue Shield for husband and wife that both work in the system;

During the life of the agreement, there shall be no changes in the existing health plan. However, the City reserves the right to offer a second health plan at a lower rate and further reserves the sole right to make any changes in the level of benefits of said second plan. The choice between health plans will be at the individual employee's option.

Effective September 1, 1997, the City reserves the right to offer a third health plan option to bargaining unit employees solely under the terms and conditions which have already been established within this

ARTICLE XXI.  Such third health plan option shall also be voluntary. 

Effective when the last employee bargaining unit employed by the City of Fall River agrees to such increase, but in no event shall such effective date be earlier than March 1, 2005, the Blue Cross/Blue Shield prescription drug co-payments shall increase as follows: Existing three dollar ($3.00) prescription drug co-payments shall become five dollar ($5.00) prescription drug co-payments and existing four dollar ($4.00) prescription drug co-payments shall become ten dollar ($10.00) prescription drug co-payments.  Effective September 1, 2006, office visit co­payments for health insurance will increase from five dollars ($5.00) to ten dollars ($10.00).

B.Teachers will be eligible to participate in a "tax sheltered" Annuity Plan established pursuant to the United States Public Law No. 87-370.

ARTICLE XXII

 

EDUCATIONAL MATERIAL

A. The Committee and the Association recognize that, for optimum educational results, each pupil ought to have a textbook for his/her own use, and the Committee will insure that each student shall have a textbook in every subject area for his/her own use of the school year.

B.The high school department heads shall, with teacher consultation and recommendation, select new texts and other educational materials in conjunction with the Office of Instruction.

C.The Assistant Superintendent for Instruction shall continue to consult with his/her staff, school principals, Administrative Personnel, and with Classroom Teachers before textbooks are recommended for adoption. 

D.A teacher who needs supplies shall submit a request in writing to the principal or his/her designee who is a member of the administration. The principal or designee will give his/her written response within five (5) days.

ARTICLE XXIII

 

GENERAL

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

B.The representatives of the Association will be relieved from all regular duties without loss of pay as necessary in order to permit their participation in negotiation meetings between the Committee and the Association scheduled during a school day.  When it is necessary for representatives of the Association to schedule meetings during the school day in order to prepare for negotiations or to investigate a grievance, the various committees will, upon notice to the Superintendent of Schools by the President of the Association, be released as necessary without loss of pay in order to permit participation in such meetings.  Any teacher whose appearance in such investigation, meetings, or hearings as a witness is necessary will be accorded the same right.  The Association agrees that these rights will not be abused.  The Superintendent will make every effort to comply with all reasonable requests.

C. 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.

D. The Committee will, upon request, provide the Association with any document which will assist the Association in developing intelligent, accurate, informed and constructive programs on behalf of the teachers and their students, together with any other available information which may be necessary for the Association to process grievances under this Agreement.

E. The Association will be provided with copies of the minutes of open official Committee meetings and all other printed materials that are distributed to Committee members at open official meetings as soon as possible after such meetings.  Copies of the agenda of each School Committee meeting, either regular or special, shall be mailed to the Association at the same time as they are sent to the members of the Committee.

F.Copies of this Agreement will be printed at Committee expense and a copy given to each teacher within sixty (60) days of the signing of this contract.

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

H.The officers of the Fall River Educators’ Association or their designated representatives shall be granted up to fifteen (15) days leave for conferences sponsored by the Massachusetts Teachers' Association or other educational conferences deemed to be in the interest of the Association.  This leave will not be deducted from either personal leave or sick leave of the involved members of the Association.  Leave under this provision shall be limited to eight (8) bargaining unit members on any one day.  Additional leave under this provision may be granted at the discretion of the Superintendent or his/her designee.

I. Teachers will have meaningful input into release time programs.

J. Two members of the Fall River Educators' Association Election Committee will be given half-day release time from school to distribute and collect ballots on Fall River Educators' Association Election Day.

K. Teachers shall have the opportunity for meaningful input into all new programs.

L. The Fall River Educators' Association President, if requested, will be given a year's leave of absence without pay.

M. No teaching-related activities which may be performed by Unit A members shall be contracted or in any other way given to groups or individuals outside the bargaining unit. Except as specifically excluded by this Contract, this does not apply to Fall River Administrators' Association.

Retirees may fill vacant part-time positions within the following limitations:

1                    Such part-time work will not supplant full-time bargaining unit positions.

2                    Where qualifications are substantially equal, preference would be given to former Fall River teachers.

 

N.Schools shall be open on primary and election days, beginning November 2, 1993.

O.Within thirty (30) days of the signing of this Agreement and within thirty (30) days of the opening date of school in subsequent years, the School Committee shall submit to the Association a seniority list of all Unit A members.

P.Seniority shall be defined as the length of continuous service by a degreed, certified or waivered person in a professional position in the Fall River Public Schools.  Full credit shall be given for all service after the effective date of appointment.

Effective date of appointment is defined as the date of appointment by the School Committee. Differentiation for seniority purposes for professional employees will be by date of School Committee appointing action, and second, by order of appointment with a given meeting.

Service after effective date of appointment will not be considered to have been interrupted by military, educational, maternity, or personal leave if such leave or any combination of leaves (except military) does not exceed a period of two consecutive years. Limitation on crediting of service military leave will be in accordance with applicable State and Federal Regulations.

Seniority may also be established through continuous substitute teaching service by a degreed, certified or waivered individual. Service as a substitute shall be considered to have commenced, for purpose of this

ARTICLE, when the person in question first contributes to the Massachusetts Teachers Retirement System. The burden of establishing the date of initial contribution shall rest on the person seeking to establish seniority. Time prior to initial contribution is subject to retroactive buyback only for continuous service while degreed, certified or waivered.  No buyback by anyone shall be allowed after March 1, 1985.

A seniority list of bargaining unit members shall be published annually by September 1^st. As of that date, the list shall not be subject to update for any reason until the next annual list. Exception to the above shall be made if an individual can show that an error has been made in the publication of the list. Such error must be brought to the attention of the FREA and the School Committee by October 31^st. As of that date, no further revision in the seniority list will be made until the following school year.

The seniority definition only for Title 1 teachers hired before April 23, 2007 is found in Appendix E of this Agreement.  Seniority for Title 1 teachers hired after April 23, 2007, shall be the same for all other teaching employees, as provided within this Agreement.

Q. Teachers will be personally notified immediately of all telephone calls of an emergency nature and of all other calls by the end of the school day.

R.Teachers who reside outside the City of Fall River may be allowed to enroll their children in the Fall River Public Schools on a tuition-free basis subject, however, to the right of the Superintendent of Schools or his/her designee to assign such children to specific schools as he/she sees fit or deems necessary.

S.Teachers shall maintain a neat and clean appearance.  Teachers shall wear clothing that is consistent with maintaining a (business casual) professional educational environment.  It is recognized that expectations for teacher appearance may vary depending on the specific responsibilities that teachers carry out, such as for physical education and art teachers, for example.  It is also recognized that for some special events or projects, such as field days or fund raising activities, the guidelines for professional appearance may vary.  Teacher appearance shall not be addressed in the evaluation of any teacher unless such teacher has been advised of such a concern at a meeting in which an Association representative is present, a reasonable expectation is clearly set forth, such teacher is provided a reasonable time to address the issue and the expectation is not met.

ARTICLE XXIV

 

AGENCY FEE

To insure the adequate representation of all employees covered by this Agreement, all teachers, except for those who had completed twenty-five (25) years of service in the Fall River Public Schools as of July 1, 1971, who are not paying dues to the Association, shall pay an Agency Fee to the Association as a condition of continued employment, pursuant to the provisions of Section 12 of Chapter 150E of the General Laws of the 

Commonwealth of Massachusetts, as amended by Chapter 903 of the Acts of 1977.  The Treasurer of the City of Fall River shall, starting with the first salary payment in November and continuing for ten (10) consecutive monthly payments thereafter, deduct 1/10 of the regular annual FREA/MTA/NEA dues from such teachers as payment of said fee to the Association as exclusive bargaining agent. Prior to October 1^st the Treasurer of the Association will submit a letter to the City Treasurer and the Superintendent certifying the total amount of Fall River Educators’ Association, Massachusetts Teachers Association, National Education Association dues for the current school year.

ARTICLE XXV

 

SICK LEAVE

SECTION 1.

Annual sick leave with full pay shall be allowed all teachers at the rate of:

 17 school days per year, effective September 1, 1998.

Unused sick leave may be accumulated from year to year without limit. Effective September 1, 1993, teachers shall be credited with all days previously defined as being held "in reserve."  

SECTION 2.

In the event of a death in the immediate family, teachers shall be entitled to a leave of absence for four (4) consecutive calendar days at time of death in immediate family without loss of salary or loss of credit from annual or cumulative leave.  The term immediate family shall include father, mother, brother, sister, spouse, child, grandparents, father-in-law, mother-in-law, or member of immediate household.

SECTION 3.

Up to five (5) days emergency leave shall be granted without loss of pay in the event of serious illness in the professional employee's immediate family requiring bedside or household attention, to be deducted from sick leave of teacher.  The teacher may be required to document their need.

SECTION 4.

The Superintendent shall have the power to excuse a teacher for one day's absence to attend the funeral of a relative, not herein covered, without loss of pay, but such absence shall be deducted from the number of sick leave days to the credit of the teacher.

SECTION 5.

A. Teachers will be entitled to two (2) days’ leave of absence for personal, legal, business, household or family matters which require absence during school hours. Application for personal leave will be made at least twenty-four (24) hours before taking such a leave, except in the case of emergencies. The applicant for such leave will not be required to state the reason for taking such leave other than that he/she is taking it under this section, except that before and after a holiday a teacher may be required to document their need only to the Office of the Superintendent. Such absence shall not be deducted from the number of sick leave days to the credit of a teacher.

Personal days will be accumulative at the rate of one (1) day per year.

B. The Superintendent will grant Jewish holy days without loss of pay to individuals of the Jewish faith, or members of their immediate family, who request to observe said holy days. These days will be limited to Rosh Hashanah and Yom Kippur.

C. The Parties will establish a Joint Study Committee, which shall be independent of any other Joint Study Committee, for the purpose of reviewing the existing Personal Leave provisions. Such committee shall be comprised of an equal number of members from each of the Parties. Each Party will appoint its own representatives.  The goal shall be that the Personal Day Review Committee will report its recommendations to the Parties for ratification by June 1, 2005.

SECTION 6.

Teachers who served or are serving in the Armed Forces of the United States shall be entitled to all sick leave benefits after having resumed their duties as employees of the City of Fall River, and such periods of service in the Armed Forces shall not be deducted from their experience categories.

SECTION 7.

Absence due to quarantine periods within the household of a teacher shall be paid for in full and shall not apply against the credit of sick leave, provided the teacher takes temporary residence in a place where there are no children attending school, and provided he or she immediately notifies the Superintendent of Schools and the Board of Health of said change of residence, and that he or she remain under observation of the Board of Health during the period of quarantine and is given at the end of the period a certificate by the Board of Health authorities permitting him or her to return to school.

SECTION 8.

MATERNITY BENEFITS AND CHILD REARING LEAVE

Any woman who leaves a teaching position in the employ of the School Committee for the purpose of giving birth to a child or of adopting a child, and who shall give reasonable notice to the School Committee of her anticipated date of departure and who subsequent to such birth or adoption is still qualified to perform the duties of such position, shall be entitled to be restored to her previous position or a similar position within eighteen months of her departure date, or in the event of a miscarriage within six months of her departure date, with the same status, pay and seniority as if she had not been absent.

Any woman shall be entitled to 12-weeks maternity leave, 14-weeks Caesarian section, with pay if the teacher has enough sick leave on the books.

If such similar employment is not available, the employer shall offer the employee any other vacant position until such time as the employer can offer her the job she previously held or one substantially similar to it.

The employer may require that the employee produce medical certification that she is physically able to resume her work before returning to the job.

Any system of accruing seniority or accruing benefits, which seniority of benefits accrue while an employee is on leave for sickness, disability or any other leaves, shall accrue to the employee who takes a maternity leave. In all such cases when such employee returns, her seniority date will remain the same as it was prior to her maternity leave.  Any person on leave for a full school year under this section shall not be credited with sick leave accrual for that year.

Child-rearing leave will be granted to any teacher caring for his/her natural or adopted child without pay and under the same conditions as maternity benefits.  If both parents are members of the Bargaining Unit, only one (1) such parent shall be granted such leave at the election of such parent.

SECTION 9.

Employees have a responsibility for limiting their use of personal sick leave to the legitimate purposes as provided by this Agreement.  It is agreed that the Employer has a right and responsibility to monitor sick leave and verify that sick leave is restricted to legitimate use.  The Employer may take progressive discipline in instances of misuse of sick leave.  To that end, in the case where the Employer substantiates cause to suspect abuse by an employee who has used at least twelve (12) sick days in one school year, or has exhibited a pattern of sick leave abuse, the Employer may require such employee to provide written documentation from a qualified physician.

The Superintendent, or his/her designee, may require an employee who is on sick leave for five (5) or more consecutive work days to provide a written statement from a qualified physician that documents that the employee was not able to work.

The Superintendent, or his/her designee, may require an employee who is on sick leave for five (5) or more consecutive work days to provide a written statement from a qualified physician that the employee is able to return to work.

SECTION 10.

The Committee reserves the right to have an independent physician examine any employee, at City expense, claiming sick leave, who in its opinion may not be entitled to the same and/or who may not be incapacitated to perform some official duties. The opinion of the independent physician shall be final.

SECTION 11.

In the case of teachers receiving benefits from Fall River Public Schools under the Workmen's Compensation Act as a result of a claim for personal injury sustained during the performance of their duties, sick leave benefits are to be limited to such amounts as may legally be paid under the provisions of the Workmen's Compensation Act.

SECTION 12.

No sick leave allowance shall be made for teachers unable to report at the opening of the school year except by the presentation of an affidavit from a certified physician or by a vote of the School Committee.

SECTION 13.

A teacher in service ten (10) years or more who has exhausted his/her total cumulative leave allowed and remains absent because of illness shall receive full salary minus the salary of a substitute teacher for a period of time not to exceed two hundred and fifty-five (255) school days.  A teacher absent for an extended period because of illness shall file every two (2) months, with the Superintendent, a statement from a competent physician attesting to the necessity of said absences.

SECTION 14.

A maximum of ten (10) days per school year will be granted, with no loss in compensation, to persons called into temporary active duty with any unit of the United States Reserves or State Guard, provided such obligation is with his/her unit and cannot be fulfilled on days when school is not in session.  Any exception to the above will require authorization of the Superintendent of Schools.

SECTION 15.

If a teacher leaves the school sick after 11:00 a.m. due to illness, a half-day (1/2 day) of such leave will be deducted from the teacher’s sick leave account.  If a teacher leaves the school before 11:00

a.m. due to illness, a full day (1 day) of sick leave will be deducted from the teacher’s sick leave account.

SECTION 16.

A teacher will be required to make only one (1) telephone call to report absence for the day and to report his/her return to duty.

SECTION 17.

SICK LEAVE BUY BACK

Effective September 1, 1998, any teacher in the Fall River School System with a minimum of fifteen (15) years of service will get thirty dollars ($30.00) for each day of accumulated unused days up to 181 days upon resignation, retirement, or death.  In addition, teachers will be compensated at thirty dollars ($30.00) a day for 25 percent (25%) of all days accumulated over 181 days. In order for a teacher to be entitled to the “buy back,”  a teacher must notify the Administration of his/her intent to retire or resign at least six (6) months before his/her retirement/resignation date.  In the event that the State institutes an early retirement program, the School Committee will waive the above notice requirement for those teachers participating in said program.

Money will be payable by August 31^st of the year that they retire.

Teachers who have elected the Alternative Longevity Plan (so-called Lexington Plan) shall not be eligible for Sick Leave Buy Back benefits.

SECTION 18.

Employees who have perfect sick leave attendance during a school year shall receive $200 within the thirty (30) days next following the last day of school in that school year.

SECTION 19.

The Committee shall comply with the Family Medical Leave Act for all bargaining unit members who qualify under the terms of the Act.

ARTICLE XXVI

 

SABBATICAL LEAVES

Upon recommendation by the Superintendent of Schools, sabbatical leaves may be granted for study, or other professional improvement, to a member of the teaching staff by the Committee, subject to the following conditions:

A.No more than fifteen (15) members of the teaching staff will be absent on sabbatical leave during a particular school year.

B. Requests for sabbatical leave must be submitted to the Superintendent of Schools or his/her designee in writing, in such form as may be required by the Superintendent of Schools, between September 1^st and December 31^st of the school year preceding the school year for which the sabbatical leave is requested.

C. The teacher has completed at least seven (7) full years of service in the Fall River School System. Any leave granted under this Contract will not be considered as a break in service.

D. Teachers may request a sabbatical leave for only a full-year or half-year duration.  Teachers on sabbatical leave will be paid at fifty percent (50%) of their regular salary while on sabbatical leave. The first five (5) teachers with over eleven (11) years of service who are granted a sabbatical will receive sixty percent (60%) of their salary while on sabbatical leave. All others who are granted a sabbatical leave will receive fifty percent (50%) of their regular salary.

E.Prior to granting of sabbatical leave, a teacher shall enter into written agreement with the Committee that upon the termination of such leave teachers will return to service in the Fall River School System for a period equal to double the length of the sabbatical leave.  In default of completing such service, he/she shall refund to the Committee an amount equal to such proportion of salary received by him/her while on leave as the amount of service not actually rendered, as agreed bears to the whole amount of service agreed to be rendered, unless said default is due to illness, disability, discharge, death or other circumstances beyond the control of the individual. 

F.The Association shall have the right to directly recommend an individual to the Superintendent for a sabbatical leave provided the fifteen (15) number limitation set out above has not been exhausted.

G. It shall be incumbent upon the Superintendent to report to the Committee all requests for sabbatical leave and the Committee, in its discretion, shall act on those recommendations.

 

ARTICLE XXVII

 

SUPERVISING OF STUDENT TEACHERS

A teacher may accept or reject assignment as a supervising teacher for a student teacher. If a teacher accepts assignment as supervising teacher, this assignment shall be recognized for three (3) credits or stipends of three hundred dollars ($300) at the option of the School Committee. Effective September 1, 1987, if three (3) credits are granted, said credits will apply for horizontal movement on the salary schedule. The School Committee, wherever possible, will assign one (1) supervisory teacher. If this is not possible, the three hundred dollars ($300) or the three (3) credits will be divided pro-rata according to the time involvement of the assigned teachers.  The assignment of the teacher will be on a rotating basis subject to the ability of the teacher to supervise.

No student teacher will be used as a substitute teacher in Fall River.

ARTICLE XXVIII

 

CONSULTATION PROCEDURE

The School Committee agrees that once during the months of October, December, February, and April, prior to the fifteenth of each said months, it will meet with representatives of the Association in special session for the purposes of discussing such matters as the Association determines.

The Association agrees that on or before the first of each of the above enumerated months, it will provide the School Committee with a written list of the topics it wishes to discuss with the School Committee.

There will be not more than five (5) teachers appointed by the Association per meeting.

ARTICLE XXIX

 

SCHOOL COMMITTEE RIGHTS

Nothing in this Agreement shall be deemed to derogate from or impair any power, right, or duty heretofore possessed by the School Committee except where such right, power or duty is limited by this Contract.

ARTICLE XXX

 

TEACHER EVALUATION OF ADMINISTRATORS

A.All administrators shall be subject to evaluations by the teachers they supervise twice per year.  One such evaluation shall be performed during the first week of December.  One such evaluation shall be performed during the first week of March. Participation for such

evaluation shall be at the option of the individual teacher.

B.The December evaluation forms will be collected by the Faculty Representative, and a copy of these unsigned forms will be given to the administrator being evaluated.

C.The March evaluation forms will be collected by the Faculty Representative and these shall be signed and a copy delivered to the Superintendent; a copy of which shall be given to the Administrator being evaluated.

 

ARTICLE XXXI
REDUCTIONS IN FORCE

A. As a result of increased class size and/or as a result of availability for twenty-eight (28) teaching periods, there will be no reduction in force during the life of this contract.

B1       In the event it becomes necessary for the Committee to reduce the number of Professional employees in the bargaining unit because of financial limitation, reasons of economy, decrease in pupil enrollment, changes in curriculum or other similar reasons, the procedures set forth in this

2.         No teachers with professional standing, as defined in this Contract, shall be dismissed due to R.I.F. until all per diem and long-term substitutes and/or non­professional standing teachers, whose positions such professional standing teachers are certified to fill, have been dismissed.

 

3.         Dismissal of teachers with professional standing due to R.I.F. will be based on the teacher's certification and teacher experience in the Fall River Public Schools. Teachers with professional standing to be dismissed due to R.I.F. shall be dismissed within affected areas of certification in inverse order of seniority.  Teachers with professional standing who have been reached for R.I.F. may bump less senior teachers in other areas in which they are certified.

 

4.         Leaves of Absence - Military leave, maternity leave, and educational leave shall not interrupt continuous service for purposes of defining seniority.

 

5.         Seniority See ARTICLE XXIII, Section P.

 

6.         Certification - Official credentials currently on file with the Massachusetts State Department of Education, Bureau of Teacher Certification.  For the purpose of this ARTICLE, teachers who are legally exempt from certification shall be considered as certified only in the disciplines in which they have taught in the Fall River Public Schools.

 

C.1       . Recall - Teachers of non-professional standing will have no recall rights. Teachers with professional standing will be recalled in inverse order of their layoff as positions for which they are qualified become open.  Teachers with professional standing will remain on a recall list for a period of two (2) years from their date of dismissal.

2.         An employee who is recalled by the Committee within two (2) years shall have restored to him/her all benefits he/she had accumulated at the time of his/her layoff. Teachers on a recall list shall be entitled to membership in any group health or life insurance coverage in existence at the time of the effective date of the layoff provided, however, that the teacher pays the entire cost of such insurance pursuant to the requirements of the insurance carrier, and there shall be no contribution by the Committee or the City for such teacher's insurance.

3.         Teachers on the recall list will be given first priority in filling substitute teachers’ vacancies in their field(s) of certification if they indicate, in writing, that they desire such employment.

4.         When vacancies occur in the certification area(s) of a teacher on the recall list, such teacher shall be notified by certified mail at his/her last address of record. Failure to accept certified mail shall not be deemed sufficient reason for failing to meet the necessary response date.  Failure to respond to the Superintendent of Schools with a letter of acceptance of the offered position within ten (10) calendar days shall be considered a rejection of such offer, and the teacher shall be dropped from the recall list. It shall be the responsibility of the personnel on the recall list to inform the Office of the Superintendent of Schools or his/her designee, in writing, of changes of address.

5.         Teachers on the recall list shall have priority in filling vacancies as hereinbefore set forth. No new personnel shall be hired to fill such vacancies until all appropriate teachers on the recall list have been offered the vacancy pursuant to the provisions of this paragraph.

 

D.Nothing in this ARTICLE shall act so as to diminish the rights of teachers under Chapter 71, Sections 41 and 42 of the General Laws of the Commonwealth of Massachusetts.

ARTICLE XXXII

 

SICK LEAVE BANK

A. The sick leave bank is for use by eligible members of the professional staff covered by this Agreement who have exhausted their own accumulated sick leave and who have a serious illness.

B. Each unit member shall have his/her sick leave accumulation reduced by one (1) day for the term of this Agreement, and those days shall then be deposited in the bank. In the event the sick leave bank is exhausted during the term of this Agreement, all qualified members shall have their sick leave accumulation reduced by another day and that day shall be deposited in the bank to be used as provided in paragraph A above.

C. The initial grant of sick leave by the sick leave bank committee to an eligible employee shall not exceed thirty (30) days. Upon completion of the thirty (30) day period, the period of entitlement may be extended by the sick leave bank committee upon demonstration of need by the applicant.

D.The sick leave bank shall be administered by a sick leave bank committee consisting of five

(5) members; three (3) members shall be designated by the Fall River Educators' Association to serve at its discretion, and two (2) members shall be designated by the School Committee to serve at its discretion.  The sick leave bank committee shall determine the eligibility for the use of the bank and the amount of leave to be granted.  The following criteria shall be used by the committee in administering the bank and determining eligibility and amount of leave: a) adequate medical evidence of serious illness, and b) prior utilization of all eligible sick leave.

 

RULES OF THE SICK LEAVE BANK

A.All requests by teachers seeking an award of sick leave days from the Sick Leave Bank must be in writing and accompanied by a detailed statement from the treating physician of the nature of the illness and a probable return date. The Sick Leave Bank Committee will then review the request and approve it or deny it based on its merits. The decision of the Sick Leave Bank Committee will be final and binding and not subject to any further appeal by the applicant.

B. A teacher is eligible for up to one hundred (100) days at full pay per school year.

C. The application of the Sick Leave Bank, in relation to all benefits regarding sick leave which appear in the Unit A Contract, is as follows:

1. As provided for in ARTICLE 25, Section 1., a teacher is allowed:

17 sick days per year, effective September 1, 1998. 

A teacher must first exhaust this benefit prior to being eligible to apply for the Sick

Leave Bank.

2. Upon exhaustion of Item A above, a person is eligible to apply to the Sick Leave Bank Committee in a fashion previously outlined for a maximum of one hundred

(100) days in one school year at full pay. The Sick Leave Bank Committee will exercise its right to approve or deny any requests in part or in total.

3. When No. 1 and No. 2 noted above are exhausted, a person who is eligible may

apply for benefits as outlined in ARTICLE 25, Section 13.

D. The Committee reserves the right for reconsideration of any award upon the presentation of new evidence.

E.Days from the Sick Leave Bank are not available for illness or disability due to drug addiction or alcoholism, except during confinement in a hospital or other institution specializing in such disabilities.

F.The teacher is required to reimburse to the Sick Leave Bank 25 percent (25%) of the allotted days. The amount and the period for reimbursement may be adjusted by the Sick Leave Bank Committee; in no event shall the reimbursement period exceed two (2) school years.

G. Any days not expended from the Sick Leave Bank will be carried over to the following year. If the bank carries over as of June 30^th the equivalent of one (1) day per unit member, there will be no automatic, initial assessment for the succeeding school year.

H. Any appointed teacher on board on or before October 15^th of a school year will be assessed one day. The total days reflected in the Sick Leave Bank will be established based on the number of days contributed on October 15^th plus any days carried over from a prior year.

I. All decisions made by the Sick Leave Bank Committee will be done by majority vote of members present.

J. The Chairperson will call meetings of the Sick Leave Bank Committee with notification of five (5) days in advance to the members.  In emergency situations, the Chairperson can call a meeting within a period of 24 hours of the emergency or take a telephone poll of the members to be ratified at the next meeting.

K.Any member whose one hundred (100) day Sick Leave Bank allocation has been exhausted and who is not eligible under

ARTICLE 25, Section 13, of the current Unit A contract may apply to the Sick Leave Bank Committee, accompanied by proof of hardship, and may be eligible for up to twenty-five (25) additional days in a given year.

The Sick Leave Bank Committee reserves the right to change these rules.

ARTICLE XXXIII

 

PERSONAL LEAVE

No personal leave of absence shall exceed a maximum of two (2) consecutive years.  Leave of absence to take a position with a new employer shall be at the sole discretion of the Superintendent.

 

 

ARTICLE XXXIV - DURATION

The provisions of this Agreement will be effective as of September 1, 2006, and will continue and remain in full force and effect until August 31, 2009. The Association and the Committee agree to take steps necessary to implement the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereunto set their hands and seals this ____ day of _________________________, 2007.

FALL RIVER, MASSACHUSETTS SCHOOL COMMITTEE
BY: ____________________________________

Mayor William F. Whitty, Chairperson

Brian Bigelow, Vice Chairperson

 Kevin Aguiar

 Shawn Cadime
 Mark Costa

Timothy P. McCoy

 Marilyn Roderick

ATTORNEY FOR THE   FALL RIVER, MASSACHUSETTS SCHOOL COMMITTEE BY:

Bruce A. Assad, Legal Counsel

CORPORATION COUNSELCITY OF FALL RIVER BY:

FALL RIVER, MASSACHUSETTS EDUCATORS' ASSOCIATION BY:

 

Sharron Machamer, President, FREA

 

APPENDIX A TEACHERS’ SALARY SCHEDULE

Increase the schedule as follows:

a.	All hourly rates in the Agreement:  Increase by $1.00 effective 9/1/06.
b.	Increase all Coaching and Club/Activities salaries in the Agreement by the same total annual percent (i.e. 1st year – effective 9/1/06: 2%; 2nd year – effective 9/1/07: 4%; 3rd year – effective 9/1/08: 4%) as is applied to the Teacher Salary
	Schedule in each year of the Agreement.
c.	Appendix A, Teacher Salary Schedule, increase, across the board, as follows:
	First Year	2%	Mid-year
	Second Year	3%	First Day
	Third Year	3%	First Day
		2%	Last Day

 

FY07 TEACHERS SALARY SCHEDULE
FIRST DAY OF YEAR
CAGS
STEP	B	B+15	B+30 B+45 B+60/M M+15 M+30	M+45	M+60	DOC
1	$33,628	$34,105	$34,584 $35,068 $35,519 $35,761 $36,001	$36,242	$36,726	$37,176
2	$35,312	$35,809	$36,315 $36,823 $37,274 $37,523 $37,778	$38,032	$38,540	$38,990
3	$37,073	$37,597	$38,132 $38,663 $39,112 $39,380 $39,648	$39,908	$40,445	$40,895
4	$38,926	$39,476	$40,040 $40,596 $41,047 $41,325 $41,603	$41,886	$42,439	$42,890
5	$40,871	$41,454	$42,038 $42,626 $43,076 $43,374 $43,663	$43,957	$44,544	$44,994
6	$42,915	$43,523	$44,143 $44,755 $45,205 $45,518 $45,824	$46,133	$46,745	$47,196
7	$45,061	$45,701	$46,348 $46,997 $47,447 $47,769 $48,091	$48,417	$49,064	$49,514
8	$47,314	$47,986	$48,667 $49,347 $49,797 $50,133 $50,473	$50,815	$51,494	$51,943
9	$49,677	$50,385	$51,100 $51,813 $52,262 $52,621 $52,976	$53,332	$54,046	$54,496
10	$52,158	$52,903	$53,655 $54,404 $54,854 $55,228 $55,602	$55,976	$56,724	$57,175
11	$54,765	$55,551	$56,340 $57,126 $57,576 $57,968 $58,360	$58,754	$59,538	$59,987
12	$57,127	$57,914	$58,703 $59,489 $59,938 $60,329 $60,722	$61,116	$61,900	$62,350
			FY07 TEACHERS SALARY SCHEDULE
			MID  YEAR-2% (TWO PERCENT)
						CAGS
STEP	B	B+15	B+30 B+45 B+60/M M+15 M+30	M+45	M+60	DOC
1	$34,301	$34,787	$35,276 $35,769 $36,229 $36,476 $36,721	$36,967	$37,461	$37,920
2	$36,018	$36,525	$37,041 $37,559 $38,019 $38,273 $38,534	$38,793	$39,311	$39,770
3	$37,814	$38,349	$38,895 $39,436 $39,894 $40,168 $40,441	$40,706	$41,254	$41,713
4	$39,705	$40,266	$40,841 $41,408 $41,868 $42,152 $42,435	$42,724	$43,288	$43,748
5	$41,688	$42,283	$42,879 $43,479 $43,938 $44,241 $44,536	$44,836	$45,435	$45,894
6	$43,773	$44,393	$45,026 $45,650 $46,109 $46,428 $46,740	$47,056	$47,680	$48,140
7	$45,962	$46,615	$47,275 $47,937 $48,396 $48,724 $49,053	$49,385	$50,045	$50,504
8	$48,260	$48,946	$49,640 $50,334 $50,793 $51,136 $51,482	$51,831	$52,524	$52,982
9	$50,671	$51,393	$52,122 $52,849 $53,307 $53,673 $54,036	$54,399	$55,127	$55,586
10	$53,201	$53,961	$54,728 $55,492 $55,951 $56,333 $56,714	$57,096	$57,858	$58,319
11	$55,860	$56,662	$57,467 $58,269 $58,728 $59,127 $59,527	$59,929	$60,729	$61,187
12	$58,270	$59,072	$59,877 $60,679 $61,137 $61,536 $61,936	$62,338	$63,138	$63,597

 

FY08 TEACHERS SALARY SCHEDULE
ENTIRE YEAR-FIRST DAY 3% (THREE PERCENT)
CAGS
STEP	B	B+15 B+30 B+45 B+60/M M+15 M+30 M+45	M+60	DOC
1	$35,330	$35,831 $36,334 $36,842 $37,316 $37,570 $37,823 $38,076	$38,585	$39,058
2	$37,099	$37,621 $38,152 $38,686 $39,160 $39,421 $39,690 $39,957	$40,490	$40,963
3	$38,948	$39,499 $40,062 $40,619 $41,091 $41,373 $41,654 $41,927	$42,492	$42,964
4	$40,896	$41,474 $42,066 $42,650 $43,124 $43,417 $43,708 $44,006	$44,587	$45,060
5	$42,939	$43,551 $44,165 $44,783 $45,256 $45,568 $45,872 $46,181	$46,798	$47,271
6	$45,086	$45,725 $46,377 $47,020 $47,492 $47,821 $48,142 $48,468	$49,110	$49,584
7	$47,341	$48,013 $48,693 $49,375 $49,848 $50,186 $50,525 $50,867	$51,546	$52,019
8	$49,708	$50,414 $51,129 $51,844 $52,317 $52,670 $53,026 $53,386	$54,100	$54,571
9	$52,191	$52,935 $53,686 $54,434 $54,906 $55,283 $55,657 $56,031	$56,781	$57,254
10	$54,797	$55,580 $56,370 $57,157 $57,630 $58,023 $58,415 $58,809	$59,594	$60,069
11	$57,536	$58,362 $59,191 $60,017 $60,490 $60,901 $61,313 $61,727	$62,551	$63,023
12	$60,018	$60,844 $61,673 $62,499 $62,971 $63,382 $63,794 $64,208	$65,032	$65,505
		FY09 TEACHERS SALARY SCHEDULE
		FIRST DAY OF THE  YEAR-3% (THREE PERCENT)
				CAGS
STEP	B	B+15 B+30 B+45 B+60/M M+15 M+30 M+45	M+60	DOC
1	$36,390	$36,906 $37,424 $37,947 $38,435 $38,697 $38,958 $39,218	$39,743	$40,230
2	$38,212	$38,750 $39,297 $39,847 $40,335 $40,604 $40,881 $41,156	$41,705	$42,192
3	$40,116	$40,684 $41,264 $41,838 $42,324 $42,614 $42,904 $43,185	$43,767	$44,253
4	$42,123	$42,718 $43,328 $43,930 $44,418 $44,720 $45,019 $45,326	$45,925	$46,412
5	$44,227	$44,858 $45,490 $46,126 $46,614 $46,935 $47,248 $47,566	$48,202	$48,689
6	$46,439	$47,097 $47,768 $48,431 $48,917 $49,256 $49,586 $49,922	$50,583	$51,072
7	$48,761	$49,453 $50,154 $50,856 $51,343 $51,692 $52,041 $52,393	$53,092	$53,580
8	$51,199	$51,926 $52,663 $53,399 $53,887 $54,250 $54,617 $54,988	$55,723	$56,208
9	$53,757	$54,523 $55,297 $56,067 $56,553 $56,941 $57,327 $57,712	$58,484	$58,972
10	$56,441	$57,247 $58,061 $58,872 $59,359 $59,764 $60,167 $60,573	$61,382	$61,871
11	$59,262	$60,113 $60,967 $61,818 $62,305 $62,728 $63,152 $63,579	$64,428	$64,914
12	$61,819	$62,669 $63,523 $64,374 $64,860 $65,283 $65,708 $66,134	$66,983	$67,470

 

FY09 TEACHERS SALARY SCHEDULE

LAST DAY OF YEAR-2% (TWO PERCENT)

CAGS

STEP	B	B+15	B+30	B+45	B+60/M	M+15	M+30	M+45	M+60	DOC
1	$37,118	$37,644	$38,172	$38,706	$39,204	$39,471	$39,737	$40,002	$40,538	$41,035
2	$38,976	$39,525	$40,083	$40,644	$41,142	$41,416	$41,699	$41,979	$42,539	$43,036
3	$40,918	$41,498	$42,089	$42,675	$43,170	$43,466	$43,762	$44,049	$44,642	$45,138
4	$42,965	$43,572	$44,195	$44,809	$45,306	$45,614	$45,919	$46,233	$46,844	$47,340
5	$45,112	$45,755	$46,400	$47,049	$47,546	$47,874	$48,193	$48,517	$49,166	$49,663
6	$47,368	$48,039	$48,723	$49,400	$49,895	$50,241	$50,578	$50,920	$51,595	$52,093
7	$49,736	$50,442	$51,157	$51,873	$52,370	$52,726	$53,082	$53,441	$54,154	$54,652
8	$52,223	$52,965	$53,716	$54,467	$54,965	$55,335	$55,709	$56,088	$56,837	$57,332
9	$54,832	$55,613	$56,403	$57,188	$57,684	$58,080	$58,474	$58,866	$59,654	$60,151
10	$57,570	$58,392	$59,222	$60,049	$60,546	$60,959	$61,370	$61,784	$62,610	$63,108
11	$60,447	$61,315	$62,186	$63,054	$63,551	$63,983	$64,415	$64,851	$65,717	$66,212
12	$63,055	$63,922	$64,793	$65,661	$66,157	$66,589	$67,022	$67,457	$68,323	$68,819

 

FY07 EXPANDED LEARNING PROGRAM TEACHERS SALARY SCHEDULE FIRST DAY OF YEAR

CAGS

STEP B B+15 B+30 B+45 B+60/M M+15 M+30 M+45 M+60 DOC

1 $43,716 $44,337 $44,959 $45,588 $46,175 $46,489 $46,801 $47,115 $47,744 $48,329

2 $45,906 $46,552 $47,210 $47,870 $48,456 $48,780 $49,111 $49,442 $50,102 $50,687

3 $48,195 $48,876 $49,572 $50,262 $50,846 $51,194 $51,542 $51,880 $52,579 $53,164

4 $50,604 $51,319 $52,052 $52,775 $53,361 $53,723 $54,084 $54,452 $55,171 $55,757

5 $53,132 $53,890 $54,649 $55,414 $55,999 $56,386 $56,762 $57,144 $57,907 $58,492

6 $55,790 $56,580 $57,386 $58,182 $58,767 $59,173 $59,571 $59,973 $60,769 $61,355

7 $58,579 $59,411 $60,252 $61,096 $61,681 $62,100 $62,518 $62,942 $63,783 $64,368 8 $61,508 $62,382 $63,267 $64,151 $64,736 $65,173 $65,615 $66,060 $66,942 $67,526 9 $64,580 $65,501 $66,430 $67,357 $67,941 $68,407 $68,869 $69,332 $70,260 $70,845

10 $67,805 $68,774 $69,752 $70,725 $71,310 $71,796 $72,283 $72,769 $73,741 $74,328

11 $71,195 $72,216 $73,242 $74,264 $74,849 $75,358 $75,868 $76,380 $77,399 $77,983

12 $74,265 $75,288 $76,314 $77,336 $77,919 $78,428 $78,939 $79,451 $80,470 $81,055

FY07 EXPANDED LEARNING PROGRAM TEACHERS SALARY SCHEDULE
MID  YEAR-2% (TWO PERCENT)
CAGS
STEP	B	B+15	B+30	B+45	B+60/M	M+15	M+30	M+45	M+60	DOC
1	$44,590	$45,224	$45,858	$46,500	$47,099	$47,419	$47,737	$48,057	$48,699	$49,296
2	$46,824	$47,483	$48,154	$48,827	$49,425	$49,756	$50,093	$50,431	$51,104	$51,701
3	$49,159	$49,854	$50,563	$51,267	$51,863	$52,218	$52,573	$52,918	$53,631	$54,227
4	$51,616	$52,345	$53,093	$53,831	$54,428	$54,797	$55,166	$55,541	$56,274	$56,872
5	$54,195	$54,968	$55,742	$56,522	$57,119	$57,514	$57,897	$58,287	$59,065	$59,662
6	$56,906	$57,712	$58,534	$59,346	$59,942	$60,356	$60,762	$61,172	$61,984	$62,582
7	$59,751	$60,599	$61,457	$62,318	$62,915	$63,342	$63,768	$64,201	$65,059	$65,655
8	$62,738	$63,630	$64,532	$65,434	$66,031	$66,476	$66,927	$67,381	$68,281	$68,877
9	$65,872	$66,811	$67,759	$68,704	$69,300	$69,775	$70,246	$70,719	$71,665	$72,262
10	$69,161	$70,149	$71,147	$72,140	$72,736	$73,232	$73,729	$74,224	$75,216	$75,815
11	$72,619	$73,660	$74,707	$75,749	$76,346	$76,865	$77,385	$77,908	$78,947	$79,543
12	$75,750	$76,794	$77,840	$78,883	$79,477	$79,997	$80,518	$81,040	$82,079	$82,676

 

FY08 EXPANDED LEARNING PROGRAM TEACHERS SALARY SCHEDULE
ENTIRE YEAR-FIRST DAY 3% (THREE PERCENT)
CAGS
STEP	B B+15 B+30 B+45 B+60/M M+15 M+30 M+45 M+60	DOC
1	$45,928 $46,581 $47,234 $47,895 $48,512 $48,842 $49,169 $49,499 $50,160	$50,775
2	$48,229 $48,907 $49,599 $50,292 $50,908 $51,249 $51,596 $51,944 $52,637	$53,252
3	$50,634 $51,350 $52,080 $52,805 $53,419 $53,785 $54,150 $54,506 $55,240	$55,854
4	$53,164 $53,915 $54,686 $55,446 $56,061 $56,441 $56,821 $57,207 $57,962	$58,578
5	$55,821 $56,617 $57,414 $58,218 $58,833 $59,239 $59,634 $60,036 $60,837	$61,452
6	$58,613 $59,443 $60,290 $61,126 $61,740 $62,167 $62,585 $63,007 $63,844	$64,459
7	$61,544 $62,417 $63,301 $64,188 $64,802 $65,242 $65,681 $66,127 $67,011	$67,625
8	$64,620 $65,539 $66,468 $67,397 $68,012 $68,470 $68,935 $69,402 $70,329	$70,943
9	$67,848 $68,815 $69,792 $70,765 $71,379 $71,868 $72,353 $72,841 $73,815	$74,430
10	$71,236 $72,253 $73,281 $74,304 $74,918 $75,429 $75,941 $76,451 $77,472	$78,089
11	$74,798 $75,870 $76,948 $78,021 $78,636 $79,171 $79,707 $80,245 $81,315	$81,929
12	$78,023 $79,098 $80,175 $81,249 $81,861 $82,397 $82,934 $83,471 $84,541	$85,156
	FY09 EXPANDED LEARNING PROGRAM TEACHERS SALARY SCHEDULE
	FIRST DAY OF THE  YEAR-3% (THREE PERCENT)
		CAGS
STEP	B B+15 B+30 B+45 B+60/M M+15 M+30 M+45 M+60	DOC
1	$47,306 $47,978 $48,651 $49,332 $49,967 $50,307 $50,644 $50,984 $51,665	$52,298
2	$49,676 $50,374 $51,087 $51,801 $52,435 $52,786 $53,144 $53,502 $54,216	$54,850
3	$52,153 $52,891 $53,642 $54,389 $55,022 $55,399 $55,775 $56,141 $56,897	$57,530
4	$54,759 $55,532 $56,327 $57,109 $57,743 $58,134 $58,526 $58,923 $59,701	$60,335
5	$57,496 $58,316 $59,136 $59,965 $60,598 $61,016 $61,423 $61,837 $62,662	$63,296
6	$60,371 $61,226 $62,099 $62,960 $63,592 $64,032 $64,463 $64,897 $65,759	$66,393
7	$63,390 $64,290 $65,200 $66,114 $66,746 $67,199 $67,651 $68,111 $69,021	$69,654
8	$66,559 $67,505 $68,462 $69,419 $70,052 $70,524 $71,003 $71,484 $72,439	$73,071
9	$69,883 $70,879 $71,886 $72,888 $73,520 $74,024 $74,524 $75,026 $76,029	$76,663
10	$73,373 $74,421 $75,479 $76,533 $77,166 $77,692 $78,219 $78,745 $79,796	$80,432
11	$77,042 $78,146 $79,256 $80,362 $80,995 $81,546 $82,098 $82,652 $83,754	$84,387
12	$80,364 $81,471 $82,580 $83,686 $84,317 $84,869 $85,422 $85,975 $87,077	$87,711

 

FY09 EXPANDED LEARNING PROGRAM TEACHERS SALARY SCHEDULE
LAST DAY OF YEAR-2% (TWO PERCENT)

CAGS STEP B B+15 B+30 B+45 B+60/M M+15 M+30 M+45 M+60 DOC 1 $48,252 $48,938 $49,624 $50,319 $50,966 $51,313 $51,657 $52,004 $52,698 $53,344 2 $50,670 $51,381 $52,109 $52,837 $53,484 $53,842 $54,207 $54,572 $55,300 $55,947 3 $53,196 $53,949 $54,715 $55,477 $56,122 $56,507 $56,891 $57,264 $58,035 $58,681 4 $55,854 $56,643 $57,454 $58,251 $58,898 $59,297 $59,697 $60,101 $60,895 $61,542 5 $58,646 $59,482 $60,319 $61,164 $61,810 $62,236 $62,651 $63,074 $63,915 $64,562 6 $61,578 $62,451 $63,341 $64,219 $64,864 $65,313 $65,752 $66,195 $67,074 $67,721 7 $64,658 $65,576 $66,504 $67,436 $68,081 $68,543 $69,004 $69,473 $70,401 $71,047 8 $67,890 $68,855 $69,831 $70,807 $71,453 $71,934 $72,423 $72,914 $73,888 $74,532 9 $71,281 $72,297 $73,324 $74,346 $74,990 $75,504 $76,014 $76,527 $77,550 $78,196 10 $74,840 $75,909 $76,989 $78,064 $78,709 $79,246 $79,783 $80,320 $81,392 $82,041 11 $78,583 $79,709 $80,841 $81,969 $82,615 $83,177 $83,740 $84,305 $85,429 $86,075 12 $81,971 $83,100 $84,232 $85,360 $86,003 $86,566 $87,130 $87,695 $88,819 $89,465

LONGEVITY

Section 1.

All teachers beginning their tenth year shall receive payments in accordance with the following longevity schedule, biweekly in accordance with their normal pay schedule.

 Effective:10-14 years $ 450
   15-19 years $ 600
   20-24 years $1075
   25-29 years $1675
   30-34 years $1850
   35-39 years $1950
   40 years and over $2025

Section 2.

In addition to the foregoing longevity payments, professional staff members with twenty (20) completed years of service in Fall River may elect Alternative Longevity Payments of Two Thousand Dollars ($2,000) per year for any single period of three (3) consecutive years during his/her teaching career that follow notification as provided under this provision. Once the three (3) year period for this Alternative Longevity has been completed, longevity payments under Section 1 above will cease.

Employees who elect Longevity under this section shall so notify the Superintendent, in writing, on or before December 15 immediately prior to the first year of Alternative Longevity under this section. Any such election shall be irrevocable.

EVENING SCHOOL, SUMMER SCHOOL, TUTORING, INTRAMURALS AND COMMITTEE WORK – Effective September 1, 2006, all teaching personnel will receive the standard rate of thirty dollars ($30.00) per hour.

Mentoring:  The Parties will meet promptly following a tentative agreement to make such changes in the existing Mentoring Provision which shall reflect the discussions of the Parties during these negotiations (i.e. approximately 40 hours as expressly stipulated in the outline with compensation effective 9/1/06 at the rate of $1,400.00, effective 9/1/07 - $1,442.00; effective 9/1/08 - $1,485.00.

TEACHERS OF SPECIAL EDUCATION: $500.00 - Only those teachers receiving the $500.00 stipend as "Teachers of Special Education" in the school year September 1980 to June 1981 shall continue to receive said stipend.

COACHES: Coaching positions covered by this contract include but are not limited to the following:

COACHES SALARIES
FALL FOOTBALL:	POSITIONHEAD COACH ASSISTANT	2% FY07 6243 3759	4%FY0864933909	4% FY09 6753 4065
BOYS SOCCER:	HEAD COACH ASSISTANT	4445 2673	46232780	4808 2891
GIRLS SOCCER:	HEAD COACH ASSISTANT	4445 2673	46232780	4808 2891
CROSS COUNTRY:	HEAD COACH ASSISTANT	4259 2356	44292450	4606 2548
GIRLS SWIMMING:	HEAD COACH ASSISTANT	4343 3014	45173135	4698 3260
VOLLYBALL:	HEAD COACH ASSISTANT	4129 2864	42942979	4466 3098
FIELD HOCKEY:	HEAD COACH ASSISTANT	4129 2864	42942979	4466 3098
GOLF:	HEAD COACH	3533	3674	3821
EQUIPMENT MGR.: ASSIST. TRAINER: LIASON COACH		1737 2515 1632	180626161697	1878 2721 1765
WINTER BOYS BASKETBALL:	POSITIONHEAD COACH ASSISTANT FRESHMAN	FY07 5253 3613 3613	FY08546337583758	FY09 5682 3908 3908
GIRLS BAKETBALL:	HEAD COACH ASSISTANT FRESHMAN	5253 3613 3613	546337583758	5682 3908 3908
ICE HOCKEY:	HEAD COACH ASSISTANT	5253 3429	54633566	5682 3709
WINTER TRACK:	HEAD COACH ASSISTANT	5157 3014	53633135	5578 3260

 

WINTER BOYS SWIMMING:	POSITIONHEAD COACH ASSISTANT	FY07 4343 3014	FY0845173135	FY09 4698 3260
GYMNASTICS:	HEAD COACH ASSISTANT	4555 2929	47373046	4926 3168
WRESTLING:	HEAD COACH ASSISTANT	5025 3429	52263566	5435 3709
EQUIPMENT MGR.: ASSIST. TRAINER: LIASON COACH		1737 2514 1632	180626151697	1878 2720 1765
SPRING BASEBALL:	POSITIONHEAD COACH ASSISTANT FRESHMAN	FY07 5253 3545 3545	FY08546336873687	FY09 5682 3834 3834
SOFTBALL:	HEAD COACH ASSISTANT FRESHMAN	5253 3545 3545	546336873687	5682 3834 3834
BOYS TENNIS:	HEAD COACH	3533	3674	3821
GIRLS TENNIS:	HEAD COACH	3533	3674	3821
BOYS SPRING TRACK:	HEAD COACH ASSISTANT	5253 3660	54633806	5682 3958
GIRLS SPRING TRACK:	HEAD COACH ASSISTANT	5253 3660	54633806	5682 3958
VOLLYBALL	HEAD COACH ASSISTANT	4129 2864	42942979	4466 3098
EQUIPMENT MGR.: ASSIST. TRAINER: LIASON COACH		1737 2076 1632	180621591697	1878 2245 1765

 

Any new positions created will be added to the above list plus any existing position not already included. Payment for these positions will be in accordance with the above schedule.

CLUB/ACTIVITIES: For all other clubs and activities of pupils which require time outside of the regular day and such activity has the approval and favorable recommendation from the principal to the Superintendent, if School Committee approval is granted for the activity, a fee will be paid in accordance with the following:

 

SALARY SCHEDULE FOR CLUB ADVISORS

 2% 4% 4%

CLUB FY07 FY08 FY09 ART 745 775 806 ASTRONOMY  745 775 806 BAND DIRECTOR  5,100 5,304 5,516 BICYCLE 745 775 806 BUSINESS 745 775 806 CAMERA 745 775 806 CLASS DAY COMMITTEE  745 775 806 COMPETITION MAJORETTES 745 775 806 COMPUTER 745 775 806 COSMETOLOGY 745 775 806 CURATOR OF OBSERVATORY 745 775 806 DEBATE 745 775 806 DRAMA  5,100 5,304 5,516 DRILL BAND INSTRUCTOR 824 857 891 DURFEE STRINGS 745 775 806 ENVIRONMENTAL CONTROL COMM. 745 775 806 FRENCH 745 775 806 FUTURE EDUCATORS OF AMERICA 745 775 806 GERMAN 745 775 806 INDUSTRIAL SEWING MACHINE MECH 745 775 806 JV CHEERLEADERS 745 775 806 JUNIOR PROM ADVISOR  745 775 806 LIBRARY AIDES 745 775 806 LITERARY MAGAZINE 745 775 806 MAJORETTES / COLOR GD / FLAG TW. 1,699 1,767 1,838 MATHMATICS 745 775 806 NATIONAL HONOR SOCIETY 745 775 806 PORTUGUESE  745 775 806 PRESS 745 775 806 RECORD BOOK 745 775 806 SENIOR PROM COMMITTEE 745 775 806 SHAKESPEARE FESTIVAL 745 775 806 SKI 745 775 806 SPANISH  745 775 806 STAGE BAND 903 939 977 STUDENT GOVERNMENT  3,533 3,674 3,821 UNITED CULTURES 745 775 806 VARSITY CHEERLEADERS 1,806 1,878 1,953 VARSITY 745 775 806 VIDEO  2,417 2,514 2,615 WORLD HISTORY 745 775 806 YEARBOOK 1,699 1,767 1,838

 

STIPENDS

The following stipends are also regular compensation for additional educational services that assigned teachers are required to perform during the school year.

Teacher in Charge:	FY07	FY08	FY09
Building Full Year Reading Recovery Lead TeacReading First Specialists Intramural CoachingAthletic Trainer	$6,120 School Year her $6,120 School Year $5,100 Per Year    $918 Per Season $2,550 Per Season	$6,365 School Year $6,365 School Year $5,304 Per Year    $955 Per Season $2,652 Per Season	$6,619 School Year $6,619 School Year $5,516 Per Year    $993 Per Season $2,758 Per Season

 

APPENDIX B

FALL RIVER PUBLIC SCHOOLS - TEACHER EVALUATION

 

INTRODUCTION (To be revised – See

ARTICLE XIV) HISTORY

For many years in Fall River, evaluations have consisted of two forms, neither of which was satisfactory to everyone involved with evaluations.  

     Based on our own professional concerns in Fall River and also as a result of State mandates and guidelines concerning evaluations, the Fall River School Committee and the Fall River Educators’ Association agreed to develop a new evaluation process and instrument.  

     The Committee has set criteria and procedures for an evaluation process.  Committee members were:  Odete Amarelo, Dr. Marjorie A. Condon, Kathleen D. Ducas, Jane K. Feroli, James M. Gibney, Henry J. Hodgson, Dr. Gordon J. Klopf, Mary T. Lenaghan, John F. Pietruszka, John L. Pontes, Jeanne Pratt, and Jim M. Waring.

RATIONALE

     Evaluation is the ongoing process of defining goals and of identifying, gathering and using information as part of a process to improve professional performance and to monitor total job effectiveness.  

     This following tool was developed as a means of fostering a continuous professional educational dialogue.

GOALS

1                    To encourage discussion of educational issues.

2                    To contribute to the fulfillment of educational goals and objectives for the system and pupils served.

3                      To share ideas in a positive and cooperative way.

4                      To enhance teaching and learning.

5                    To better communicate the goals of the system.

6                    To strengthen channels of communication with all members of the school community.

7                    To seek to improve and develop the best potential of a teacher.

8                    To strive for continued professional growth over the entire period of professional service.

9                    To provide an assessment of performance and effectiveness.

10                To provide a record of facts and assessments for personnel decision including School Committee decisions regarding professional standing.

11                To indicate the characteristics of teaching and learning that the school system feels are important.

 

OPERATING PRINCIPLES AND DIRECTIONS

Information accumulated during the evaluation procedure will be placed in a teacher’s confidential file.  Teachers will be notified of material which is placed in their files.  Teachers will be allowed to add information concerning their performance to these files.  Only authorized parties will have access to those files.

The evaluator will take into consideration the demands of different teaching assignments and be open to different teaching styles.  He/she will also allow the teacher enough time to benefit from the recommendations for improvements prior to subsequent observations/evaluations.

During the evaluation procedure, the evaluator is encouraged to keep notes which will include anecdotal records, dates, times, frequencies and durations.  Meetings between the evaluator and the teacher will be held in a confidential setting.

TEACHERS OF NON-PROFESSIONAL STANDING WILL BE EVALUATED YEARLY.

TEACHERS OF PROFESSIONAL STANDING WILL BE EVALUATED EVERY OTHER YEAR.

GUIDELINES FOR COMPLETING THE FORM

(Level Category Explanation)

1                    Meets or exceeds standards. The evaluator will use this level to indicate a range of performance from acceptable to exceptional. Evaluators are urged to comment on areas of particular strengths.

2                    Meets standard with exceptions noted. Although, generally speaking, the teacher meets standards, there are areas in which the teacher could improve.  The evaluator will mark this level and indicate in the comment section those areas the teacher should develop.

3                    Does not meet standard.  The evaluator will mark this level to indicate any areas in which teacher performance is not acceptable. In the comment section, the evaluator must provide specific recommendations for improving performance in these areas.  When a teacher has begun professional improvement activities, the evaluator will indicate this in the comment section.

4                    Not applicable. It is recognized that not all items will apply to every teacher.  Therefore, evaluators will use this level to indicate those items which are not applicable.

 

Evaluator’s COMMENTS should be specific, refer to observed behaviors, cite instances, and avoid generalizations.

TEACHER EVALUATION

TIME FRAMES AND PROCEDURES

1                    BY ORIENTATION DAY evaluation forms will be distributed to  teachers being evaluated during the school year.

2                    BY NOVEMBER 1^ST the evaluator will meet with the individual teacher to discuss the evaluation form and process.

3                    BY JANUARY 31^ST the formal observation (one class period) will take place at a time and location mutually agreed upon. The teacher will inform the evaluator of the nature of the lesson to be observed.

4                    WITHIN TWO SCHOOL DAYS of the formal observation, a  post-observation meeting, to be mutually agreed upon, will take place to give both the evaluator and teacher the opportunity to review and discuss the formal classroom observation and other relevant  educational performance.

5                    Evaluator will present to the teacher a preliminary written evaluation with comments and/or recommendations.  They will agree to a follow-up observation date.  When recommendations are made, staff development assistance, which may include demonstrations, will be provided.

 

6. BY MARCH 1^ST (teachers with non-professional standing) AND BY MAY 1^ST (teachers with professional standing) a second formal observation will

take place at a time to be mutually agreed upon.

1                    WITHIN TWO SCHOOL DAYS a post-observation meeting, to be mutually agreed upon, will take place to discuss overall evaluation before final written evaluation.

2                    WITHIN FIVE SCHOOL DAYS of the post-observation meeting, the final written evaluation is signed by both parties. A copy is given to the teacher, a copy is sent to Central Administration and placed in teacher’s file, and a copy is placed in the school department’s evaluation file. The school administration must insure the confidentiality of these files.

 

9. BY MARCH 15^TH (teachers with non-professional standing) AND MAY 15^th (teachers with professional standing)

Final authorized evaluations will be submitted to the Superintendent’s Office.

10. If the teacher strongly disagrees with the evaluation, he/she may request a review by submitting a letter to the Superintendent’s Office within five (5) school days after he/she has received the signed evaluation from the evaluator.  The evaluatee will be required to provide evidence which will substantiate the areas of disagreement and will notify the evaluator that he/she is appealing the evaluation to Central Administration.

APPENDIX C

Mentoring

The Fall River School Committee and the Fall River Educators Association agree that the mentoring/induction program for new teachers and teachers new to the system shall be as follows:

1                    The Committee and the Association shall establish a Joint Mentoring Review Committee.  The Parties shall each appoint three (3) members to this committee.  This committee shall be responsible for all aspects of gathering data and making recommendations to the parties relating to its findings.  This committee, with the Coordinator, shall perform a District mentoring inventory each year, consisting of assessing the existing plan, policies and practices; surveying the participants; performing needs assessments; reviewing research and compliance and making recommendations, through the Coordinator, to the Parties.

2                    The Employer shall appoint a Mentor Coordinator who shall oversee the mentoring programs at all schools.  The duties of the Coordinator will include: providing training, scheduling meetings, professional development, recruitment, assistance in matching, reviewing each partnership and problem solving. If the number of partnerships exceeds forty (40) in a school year, the Coordinator shall be released from teaching duties half time for that school year. Effective September 1, 2002, the Mentor Coordinator shall be compensated six thousand dollars ($6,000.00) per school year. Such stipend shall increase by the same per cent as the Teacher Salary Schedule is increased in each year of the Agreement.

3                    Appointment to a mentor position shall be voluntary, but not automatic. The Assistant Superintendent for Curriculum and the Mentor Coordinator shall appoint mentors to partnerships.  Mentors shall be trained or enrolled in a mentoring course before being appointed. Ideally, mentors will serve in no more than one (1) partnership at a time; however, in no case shall a mentor serve in more than two (2) partnerships at any one time.  If service as a mentor ends during a school year, the compensation will be pro rated based on the number of school days of the school year served. Mentors shall be matched as closely as possible with their protégés according to proximity, grade level, discipline and other relational factors.

4                    A mentor is an experienced, caring person whose knowledge and skills with people and the job assignment are made available to a less experienced person so that such person can more readily learn and succeed in his/her new responsibility.  The mentor is respected in the school community.  The mentor will assist the protégé in learning about the work setting, the key people and places, the traditions and the organizational culture, the district’s expectations of its professional staff, the curriculum and other programs of the district, developing professional relationships, and instilling confidence by enhancing personal and professional development.

5                    Appointed mentors shall be required to attend one (1) additional professional development day beyond the teacher work year, and up to four (4) additional after school meetings per year, as scheduled by the Coordinator. Such meetings shall not exceed two

 

(2) hours each. Mentor applicants shall be paid at their per diem rate for the day when requested to attend by the Coordinator, and at the hourly rate for any of the four (4) meetings the Coordinator requests they attend. Appointed mentors (those in a partnership) shall be compensated at the rate of twenty-seven hundred dollars ($2,700.00) per year. Such annual stipend shall increase each year at the same percentage rate as that applied to the Teacher Salary Schedule. The annual compensation for mentor applicants, who later become appointed mentors, shall not exceed the appointed mentor annual compensation. Appointed mentors shall receive sixty-two (62) PDP’s in content area per year, for their service.

1                    On the secondary level, the mentor/protégé partnership shall be provided a minimum of one (1) common planning period every two (2) weeks. On the elementary level, the Employer will strive to provide the partnership with a minimum of one (1) common planning period every two (2) weeks. In addition, the mentor shall meet with the protégé a minimum of once a week beyond the regular school day. Observations by mentors shall be performed during common planning periods or during preparation periods (counted as two (2) hours), as determined by the mentor and the protégé. The protégé shall be provided up to three (3) opportunities per school year to observe models of effective teaching within the school building.

2                    The mentor shall not formally evaluate the protégé. The mentoring partnership shall not be part of any performance evaluation process. The professional conversations, observations, notes, journals or logs between the mentor and the protégé relating to the partnership shall be confidential to the mentor and the protégé. Any such written material shall become the exclusive property of the protégé at the end of the school year or the end of the partnership whichever is earlier.

 

APPENDIX D

A.Standards-based School System

The Fall River Public Schools (FRPS) is a standards-based school system committed to teaching the learning standards defined in the seven Massachusetts Curriculum Frameworks documents.

A Curriculum Leadership Team (CLT) will be established to develop plans for the implementation of standards-based learning and instruction.  The membership of the CLT will include regular education classroom teachers and administrators from the elementary, middle and high school levels.  In addition, special subject (non-core subjects), LEP, and special education teachers and administrators will be represented. Each party will appoint its respective members.  

This Team will work with the Assistant Superintendent for Curriculum to devise a plan for professional learning over the next three years (2004-2005, 2005-2006, 2006-2007) focused on:

1                    Recruiting a cadre of Fall River teachers and administrators who will become the Standards-based CLT Training Specialists for the district.  This cadre will consist of teachers and/or administrators from all FRPS.

2                    Developing a training timeline beginning in the month of September, 2004 – with ongoing support as needed – for this cadre to acquire the knowledge and skill necessary to train teachers and administrators in the individual schools.

3                    Developing an outline of the professional learning, including training dates, for each year and publicizing the content and schedule to all FRPS staff.

4. Creating an FRPS program evaluation form that will be used after every training session and an overall evaluation process at the end of the academic year to determine if the programs being offered are:

a. meeting the professional learning needs of the participants;

b. providing standards-based professional development.

 

B. Definitions:

The Association and the Committee agree that for the purposes of this Agreement the following definitions of terms will apply:

1                    Fall River Public Schools Curriculum Guideline: The FRPS document that connects the districts scope and sequence to the learning standards in the Massachusetts Curriculum Frameworks documents.

2                    Assessment:  The various means by which teachers evaluate student performance.  Assessments may include classwork, homework, tests, quizzes, oral presentations, performances, lab experiments, reports, research papers, demonstrations, and any other means by which students demonstrate what they know and are able to do.

3                    Benchmark: A detailed description of a specific level of student performance expected of students at set points in the school year in a given content area.  Benchmarks are directly related to learning standards.  

4                    Benchmarked Task: A specific assessment tied to a unit of instruction that all students in a grade complete at the same time that results in a sample of student work that teachers judge using the same scoring rubric.  This may be used to determine student progress toward achieving the knowledge and skills defined in the learning standards.

5                    Benchmarked Unit: The specific unit used for instruction tied to the benchmarked task.  

6                    CLT Training Specialist: FRPS teacher or administrator trained in the content and use of the FRPS standards-based unit protocol.  The specialist will teach other teachers and coach them through the development of standards-based units.

7                    Differentiated Instruction: Varied teaching methods that meet different needs of students such as learning styles, readiness, and interests as opposed to using a textbook with all students on the same page at the same time.  All students are taught to the same standards and are taught the same content; the process by which they learn and the product they create to demonstrate what they know and are able to do will differ.

8                    Limited English Proficient (LEP): Students whose first language is not English and who are enrolled in language immersion, English-as-a-second language (ESL) or transitional bilingual education (TBE) classes.

9                     Professional Learning: Shall include the training, learning, planning and completion of the tasks outlined herein related to implementing Standards Based instruction.

10                Rubric:  A scoring guide that includes clear and well-defined criteria to evaluate student performance.  Rubrics consist of a fixed measurement scale (e.g. 4 point) and a list of criteria, or traits, describing the characteristics of performance for each score point.  A scoring guide for evaluating the quality of work or products to answer the question: What does mastery and varying degrees of mastery look like?  Has three essential features: evaluative criteria, quality definitions, and a scoring strategy, which may be either holistic or analytic.

11                Scope and Sequence: A “road map” outlining the goals for a particular curriculum area and the specific objectives for each grade level.  A curriculum plan, usually in chart form, in which a range of instructional objectives, skills, etc., is organized according to the successive levels at which they are taught.

12                Standards-based Unit of Instruction (SBU): A 2-3 week unit that outlines the content, skills, assessments, and instructional practices that will enable students to acquire the knowledge and skill outlined in the learning standards of the Massachusetts Curriculum Frameworks documents.  The parties agree to use MTA standards-based unit folder.

13                Unit Template:  The FRPS uniform SBU format that all teachers will use.  For now, the MTA unit folder will serve as the FRPS template.

 

C. Curriculum Documents provided to all Teachers

The plan for 2004-2005 academic year will include the FRPS adopting a SBU template (for now, the MTA folder will be the model) that all teachers will use.  To that end:

1                    For every subject area taught, each teacher will be provided with his/her own copy of the FRPS curriculum guides aligned to the Massachusetts Curriculum Frameworks.

2                    All teachers will be provided with multiple copies of the FRPS SBU template.

 

D. 2004-2005 Professional Learning Schedule

To invest the requisite time in professional learning/planning, the Curriculum Leadership Team will develop a plan to utilize four release time opportunities and the current time devoted to the bi-monthly after-school meetings which may be reallocated either to:

a. To increase up to four of the 2-hour release day programs (not the last two) by one hour to provide a three-hour training opportunity, or 

b. As an alternative, the creation of an additional learning session, in a month other than the above, by combining the two monthly meetings into one, two-hour learning opportunity.

c. A minimum of fifteen (15) days notice shall be provided to teachers for any such changes to their schedules.

 

The professional learning schedule and plan will address the following:

1. Overview and content of C., 1 and 2 above and the use of the Unit template focused on the identification of content learning standards and desired learning

outcome [page 1 of the MTA folder] by December 2004.  Teachers will be expected to begin the development of a SBU planned for use at the beginning of January 2005.

2. Training on the “planning backwards” model with explanations of various assessment strategies.  Teachers will be expected to identify the:

Stage 1. Desired Results on page 2 of the MTA folder Stage 2. Determine Acceptable Evidence on page 3 of the MTA folder

1                    Training on the completion of the SBU.  Teachers will be expected to identify the following:

 

Stage 1. Essential Questions on page 2 and specific Content and Skills on page 3 of the MTA folder

Stage 3.Plan Learning Experiences and Instruction on  page 3 of the MTA folder

1                    Identifying the standards for a second SBU to be taught in early March.  To address the elementary classroom teacher workload, Grade 1-5 teachers will be divided into grade level content area teams and provided with guidance by CLT Training Specialists in producing one SBU unit in one content area.

2                    Final development of the second SBU.

3                    Training in Benchmarking for all teachers and administrators.

4                    Training for grade level and content area teams identifying benchmarked standards and tasks and the development of scoring rubrics.

5                    Training in the use of Rubrics with benchmarked tasks.

6                    Evaluation of the SBU work to date in grade level and content area teams.  

7                    Identifying the “next steps” to be undertaken at the beginning of the 2005-2006 academic year.

 

E. General Provisions related to Standard-based Curriculum

1. The FRPS will develop a timesheet on which teachers may document the hours spent in the development of SBU’s of instruction and the differentiation of these units. Upon completion of each SBU, the teacher will submit a copy of the completed SBU template to the Office of Instruction.  Up to 15 PDPs will be awarded for each SBU.

 

1                    All time spent on professional learning/planning related to standards-based curriculum and instructional practices shall be considered part of the FRPS new teacher induction program.  

2                    All time spent on school sponsored professional learning/planning related to standards-based curriculum and instruction practices will provide teachers with professional development points (PDPs) in their content area.  

3                    The FRPS will seek approval from the Department of Education to provide teachers with “super” PDPs (at the regulatory rate of 1.5 per hour) for professional learning/planning covered under this section.  

4                    The FRPS will provide all teachers with documentation of the PDPs earned in each academic year for the work completed under this section.  

5                    The work completed under this section is for use only in the FRPS.  Any other use is subject to intellectual property rights standards.

6                    Teachers will not be held accountable for the expectations which are provided herein until they have been provided the appropriate professional learning/planning opportunities during the work times established herein or have otherwise been established by agreement of the Parties.

7                    The Parties agree that matters which are mandatory subjects shall be addressed as provided under Chapter 150 E, MGL.

 

F. Compensation for Training Cadre

1                    Standards-based CLT Training Specialists will be compensated at the negotiated hourly rate for the 2004-2005 school year.  Immediately thereafter, the Parties will meet for the purpose of bargaining over the subject of a stipendiary rate, with the 2004-2005 school year as an experience factor. Teachers who are requested to work beyond the regular work day, on regular work days, shall be paid at the hourly rate.

2                    As defined in the MADOE recertification regulations, Standards-based CLT Training Specialists will receive twice the number of PDPs as the participants in all training and coaching sessions.

 

G. Teachers New to Fall River

1                    Teachers new to the FRPS will be provided with the documents outlined in C above.

2                    Teachers new to the FRPS will be trained, during time planned by the CLT as provided herein, in the order in which the training is outlined herein and will be given three years within which to complete the work outlined in D-F above.  

3                    CLT Training Specialists will work with new teachers; this shall be part of the FRPS new teacher induction program.

 

H. Program Evaluation

The CLT may make non-substantial improvements or changes over the 3-year period outlined above.  The Association and the Committee will revisit the process at the end of the 2005-2006 school year to determine if substantive changes need to be made.  

APPENDIX E

Memorandum of Agreement

WHEREAS, the Fall River School Committee (hereinafter “the Employer”) and the Fall River Educators Association (hereinafter “the Association” and jointly, “the Parties”) have met for the purpose of resolving Massachusetts Labor Relations Commission case number MUP-06-4736,

NOW THEREFORE, the Employer and the Association agree that the above matter shall be resolved as follows:

I A. For the purpose of this Section I, “displaced teachers” (also referred to as “the pool”) shall be defined as only those teachers whose positions were eliminated at the end of the 2005-2006 school year and who also participated in the displaced teacher pool bidding process held by the Parties on or about August 14, 2006.  

B.The Employer shall provide a list of all existing and/or anticipated vacancies or openings in bargaining unit positions for September 1, 2007, which the Employer is aware of or should have been aware of by April 2, 2007 to all members of the pool and to the Association. It is understood that the list shall include vacancies created by pool members who bid other vacant positions.  Positions held by pool members who opt to remain in such positions and not participate in this bidding process shall not be considered vacancies.

C. The Parties will jointly create a form for the individual members of the pool to make their selections for such vacancies in order of their preference; 1, 2 and 3.  Any members of the pool who opt to remain in their current (2006-2007) position shall so indicate on the form provided and they shall have first preference for their positions.  A section in the form will be provided for pool members to indicate their decision to remain in their current positions. All provisions of the Agreement will remain in full effect except as specifically provided herein.  Pool members who opt for the selection process shall not be precluded from making their current position their second or third choice.

D. Pool members will make their selections or state their option and return their form to the office of the Superintendent by April 10.

E. Such displaced teachers shall be assigned to their 2007-2008 positions subject to the terms of the Collective Bargaining Agreement and this Memorandum of Agreement.  The Parties agree that such process shall be as follows:

                        1.The pool members who opt for the bidding process shall each indicate on the form their request to be assigned to specific vacant positions from the list in order their preference, first, second and third.  Provided that the criteria listed in Section B of ARTICLE XI is substantially equal between

them, such teachers shall be assigned to such positions, for which they are certified/licensed, on the basis of their seniority, the most senior shall receive his/her highest preference and so on.

 

2                    In any case in which a pool member is not assigned to the 2007-2008 position of his/her choice, in order of his/her highest preference, for any reason other than based on his/her seniority, the Employer will provide the reason, in writing, upon request of the teacher or the Association.

 

3                    The Employer will notify pool members of their 2007-2008 assignments, in writing, within fifteen (15) business days after the last day of the submission period.

 

F. Any disagreement concerning the interpretation, meaning or application of the terms or provisions of Section I of this Memorandum of Agreement or the Collective Bargaining Agreement as it specifically relates to Section I, herein, which remains unresolved for a period of fifteen (15) school days, shall be promptly submitted to expedited arbitration under AAA rules, before Arbitrator Richard Boulanger, as provided in

ARTICLE III, Level Four, Sections b, c and d of the Collective Bargaining Agreement.

II. Effective immediately following the process provided in Section I, above, the process for assignment of displaced teachers shall henceforth be as provided herein.

A.A “Displaced Teacher” shall be defined as a bargaining unit member whose position has been eliminated at a time when a vacancy(s) or opening(s) exists for which such bargaining unit member is qualified/licensed.

B.If the elimination of a position(s) results in creating a displaced teacher(s), the process of assigning such teachers to positions shall be subject to the Collective Bargaining Agreement and this Memorandum of Agreement, as follows:

1.The Employer shall notify all teachers in the effected school, grade, subject, department and/or area (hereinafter, all considered in the term “area”) of the elimination of such positions, in writing, within ten (10) business days after it became aware or reasonably should have been aware of the elimination of such positions. Such notice shall also be provided to the Association. Teachers from the effected area may volunteer to become the displaced teacher.  If there is no volunteer, and the criteria in Section B of

ARTICLE XI is substantially equal between teachers, the least senior teacher in the effected area shall become the displaced teacher.  Within ten

(10) business days after the above notice was provided, displaced teachers will be notified, in writing, of their status. At the same time, the Employer will provide a list of the displaced teachers to the Association.

1                    When the Employer becomes aware of an elimination of a position(s) it will immediately establish a temporary hiatus in filling vacant or open positions in all areas in which any displaced teacher(s) is certified/licensed. The Employer will provide a list of such existing or anticipated openings or vacancies in the areas in which the displaced teacher(s) is certified/licensed to such teachers and to the Association.

2                    The Parties will jointly create a form for use in the displaced teacher bidding process.  Displaced teachers shall use the form to bid for the vacancies on the list in order of the individual teacher’s preference, first, second and third. Provided that the criteria listed in Section B of

3                    ARTICLE XI of the Agreement is substantially equal between teachers, they shall be assigned to such positions for which they are certified/licensed on the basis of their seniority, the most senior shall receive his/her highest preference, and so on. Displaced teachers will be provided a minimum of five (5) business days and a maximum of ten (10) business days, as designated by the Employer, to complete the bidding form and submit it to the office of the Superintendent or his/her designee.

4                    In any case in which a displaced teacher is not assigned to the vacant position of his/her choice, in order of his/her highest preference, for any reason other than based on his/her seniority, the Employer shall provide the reason, in writing, upon request of the teacher or the Association.  Teachers will be notified of their assignments, in writing, within ten (10) business days following submission of the bidding form.

5                    When the above bidding process is concluded, the hiring hiatus will end.

6                    The employer may fill any vacancies in positions for which no displaced teacher is certified/licensed during the hiatus period.

7                    Any grievance arising out of an alleged violation of this Memorandum of Agreement shall be processed through all levels of the grievance/arbitration procedure,

8                    ARTICLE III, in an expeditious manner.

 

III.1. If a simple majority of Title I teachers so vote, all such teachers shall be accreted into the bargaining unit. If so,

ARTICLE I shall be amended by moving the words “Title I” from their present position in the sentence and placing such words after the words “teaching profession”.

1                    The Parties will agree to a neutral election observer.

2                    All Title I teachers shall enter the bargaining unit with the same seniority date which shall be the date of the election.  Their individual seniority within that date shall be determined by the initial date of hire in continuous employment as a teacher or Title I teacher in the Fall River Public Schools.

 

IV. The Association shall promptly withdraw Case Number MUP-06-4736, grievance #06-04 and grievance #06-05 with prejudice to this Memorandum of Agreement.

APPENDIX F

Memorandum of Agreement

Resolution of a Grievance Related to the Implementation of Expanded Learning Time

WHEREAS, the Fall River School Committee (hereinafter “the Employer”) and the Fall River Educators Association (hereinafter “the Association” and jointly “the Parties”) have met for the purpose of resolving a grievance filed at the beginning of the 2006 – 2007 school year concerning the implementation of Expanded Learning Time Grant (hereinafter “ELT”) in the designated schools and the requirement for the Joint ELT Committee to meet meaningfully and timely to any such implementation and make recommendations to the Parties, where appropriate,

NOW THEREFORE, the Employer and the Association agree as follows:

1                    The Employer and the Association both agree to adhere to and enforce the terms and provisions of the Collective Bargaining Agreement.  The Parties also agree to adhere to and enforce any duly authorized Memorandum(s) of Agreement concerning mandatory subjects related to a designated ELT Grant school(s).  There shall be no change to any terms or provisions of the Collective Bargaining Agreement for employees assigned to schools which are not specifically designated by the Parties as ELT Grant Schools.  Except by specific written agreement by the duly authorized representative(s) of the Parties, no agreement to change or modify any terms or provisions of the Collective Bargaining Agreement shall remain in effect beyond the termination of the ELT Grant in any school.

2                    A Joint ELT Committee shall be established immediately by the Parties.  Each respective Party shall appoint up to ten (10) persons to serve on the Joint ELT Committee.  Such Committee shall begin meeting no later than thirty (30) calendar days following the execution of this Memorandum of Agreement.  The Joint ELT Committee shall review, discuss and recommend all matters relating to hours and terms and conditions of employment in which change or modification is contemplated in a specifically designated ELT school(s). Recommendations of the Joint ELT Committee shall be presented to the Parties in an expeditious manner following its reaching consensus.

3. The Grievance Procedure for all grievances specifically relating to ELT designated schools shall be as follows: a.All provisions, terms and definitions ofARTICLE III, Grievance Procedure, shall remain in full force and effect, except as specifically modified as provided herein.

 

b. Level One Nothing in this procedure shall be construed as precluding or requiring a

teacher and the Association from meeting informally prior to Level One in an effort to resolve the grievance.  A teacher or the Association will present the grievance to the Principal or immediate supervisor, in writing.  The Principal or immediate supervisor will meet in an effort to resolve the grievance with the teacher (and representative) or the Association within five (5) days after receipt of the grievance.  If the grievant or the Association is not satisfied with the disposition of the grievance, or no decision has been rendered, in writing, within five (5) days after such meeting or within ten (10) days following submission of the grievance if no meeting was held, the grievant and/or the Association may advance the written grievance to Level Two, the Superintendent, within five (5) days thereafter.

c. Level Two The Superintendent or his/her designee shall meet with the Grievant (and representative) or the Association in an effort to resolve the grievance within ten (10) days following receipt of the grievance at this Level.  If the grievant and/or the Association is not satisfied with the disposition of the grievance or no written decision is rendered within five (5) days following such meeting or fifteen (15) days after submission at this Level, if no meeting was held, the grievance may be advanced to Level Three, the School Committee, within five (5) days thereafter.

 

d. Level Three The Grievance Sub-Committee of the School Committee shall meet with the grievant (and representative) and/or the Association, in executive session, within fifteen (15) days following receipt of the grievance at this Level, in an effort to resolve the grievance.  If the Association is not satisfied with the disposition of the grievance or no written decision is rendered at Level Three within the following time limits: 1.) ten (10) days following the next school Committee meeting or, 2.) If there is no School Committee meeting held within such month, then (20) days following the meeting Level Three.  If the Sub-Committee does not meet with the grievant and/or the Association at Level Three, the Association may advance the grievance to Level Four, arbitration, within twenty (20) days after the expiration of the fifteen-day time limit for the meeting at Level Three.

 

e. Arbitration The Association shall notify the School Committee, in writing, of its intent to advance the grievance to arbitration within the time limits specified above. Promptly thereafter, the Association shall contact Arbitrator Richard Boulanger to request that he supply dates to the Parties for their consideration for the hearing of the grievance. The hearing shall be conducted under the Rules of the American Arbitration Association.  If Arbitrator Boulanger is not available or cannot offer a commitment within a reasonable time, the grievance will be filed with the American Arbitration Association. The decision of the Arbitrator will be final and binding upon the Parties.

 

4. This Agreement shall constitute a resolution to all claims of the Association specifically relating to the ELT schools during the 2006-2007 school year, without prejudice or precedent. This Agreement shall not be construed to be a waiver of any legal or contractual rights of either party.  The Joint ELT Committee will recommend any changes to any provisions of the Collective Bargaining Agreement to the Parties for their respective consideration. There will be no unilateral implementation of any mandatory subjects.  Based on the considerations specified herein, the Association shall withdraw the instant grievance forthwith.