Falmouth

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DistrictFalmouth
Shared Contract District
Org Code960000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2016
Expired Status
Superintendency Union
Regional HS Members
Vocational HS MembersUpper Cape Cod RTSD
CountyBarnstable
ESE RegionSoutheast
Urban
Kind of Communityresort/retirement/artistic
Number of Schools7
Enrollment3750
Percent Low Income Students21
Grade StartPK or K
Grade End12
download pdf version of this document view accessible version of this document Falmouth

AGREEMENT BETWEEN THE

FALMOUTH SCHOOL COMMITTEE

AND

FALMOUTH EDUCATOR’S ASSOCIATION - UNIT A (Teachers)

2013-2016

Pursuant to the provisions of Chapter 150E of the General Laws of Massachusetts, THIS CONTRACT IS MADE by the SCHOOL COMMITTEE OF FALMOUTH (hereinafter sometimes referred to as the “Committee”) and the FALMOUTH EDUCATORS’ ASSOCIATION (hereinafter sometimes referred to as the “Association”).

ARTICLE I

GENERAL

A. Recognizing that the prime purpose of the Falmouth School System is to provide education of the highest quality for the children of Falmouth, we, the undersigned parties to this Contract, agree to the following principles:

1.    The Committee, elected by the citizens of Falmouth, is a public body established under the laws of the Commonwealth of Massachusetts and with the duties, powers, responsibilities, and rights provided by these laws and the applicable rules and regulations of administrative agencies issued under such laws.

2.   The Superintendent of Schools of Falmouth (hereinafter referred to as the “Superintendent”) is the executive officer of the Committee and as such administers and directs the operation of the public schools of Falmouth in accordance with the decisions of the Committee.

3.   The professional staff of the Falmouth School System shares with the Committee and the Superintendent responsibility for providing for pupils of the Falmouth Public Schools education of the highest possible quality, consistent with the policies of the Committee, and the professional staff has the major role in direct contact with pupils providing, however, the Association shall be provided copies of School Committee policies which are adopted and which are reduced to writing. If a policy manual is developed incorporating existing policies, the Association shall be given a copy.

4.   Fulfillment of these respective responsibilities can be facilitated and supported by consultations and free exchanges of views and information among the Committee, the Superintendent, and the professional staff.

5.   The Association recognizes that the basic duty of each professional employee is to use his skill and expertise in the most effective and proper manner to improve the quality of education offered by the Falmouth Public Schools.

ARTICLE II

GOALS

The Committee and the Association shall be responsible for working toward the goals approved by the School Committee.

ARTICLE III

RECOGNITION

For the purpose of collective bargaining with respect to wages, hours, and other conditions of employment, the negotiation of agreements and any questions arising there under, the Committee recognizes the Association as the exclusive representative of all full-time and regular part-time teaching employees employed by the Falmouth School Committee including Librarians, Guidance Counselors, Title I personnel, School Adjustment Counselors, and Psychologists. However, the following positions are excluded from the bargaining unit: Superintendent, Assistant Superintendent of Finance & Human Resources, Director of Pupil Personnel, Director of Curriculum & Instruction,   Director   of   Technology   and   Library/Media,   Principals,   Assistant   Principals,   Department   Heads, Director   of   Psychological   Services,   Director   of   Early   Childhood   Programs,   Director   of   Academic   Programs, House Administrators, Director of Athletics, School Physician, substitute teachers and nurses.

The professional employees represented by the Association as  aforesaid, are members of the professional staff covered by this Contract and are hereafter referred to as “teachers” and shall be called Unit A.

The Committee agrees not to negotiate with any other person or organization other than the Association for the duration of this agreement.    When the School Committee adopts a new position, which is part of the bargaining unit, the salary for such position shall be negotiated with the Association.

ARTICLE IV

PROFESSIONAL QUALIFICATIONS

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

ARTICLE V

ASSIGNMENTS

A.   Prior to the close of school each school year, teachers other than newly appointed teachers and substitutes shall be notified in writing of their tentative programs for the coming year, including the schools to which they will be assigned, the grades and/or subjects that they will teach, any special or unusual classes they will have, and including tentative class lists for the elementary grades. Changes in assignments shall not be based on other than educational considerations and the teacher shall be notified with respect to the change. Grievances alleging violation of this article will begin at Level II.

B.   Except in unusual or emergency circumstances, teachers will not be required to substitute for other teachers.

C.   No teacher will be required to serve as acting principal either temporarily or permanently. When a teacher voluntarily accepts such an assignment, the individual will be relieved of classroom duties for the duration of the assignment.

ARTICLE VI

VACANCIES

A.   Whenever any vacancy in a professional position occurs, including those outside the bargaining unit, during the school year, it will be adequately publicized by the Superintendent by means of a notice placed on the Association bulletin board in every school as far in advance of the appointment as possible. During the months of July and August, placement on the bulletin boards Is not necessary. In both situations, the qualifications for the position, its duties and rate of compensation will be clearly set forth. Subsequent changes in qualifications will be made only when it is deemed justified by the Administration and any change will be emailed prior to the closing date for applications.

B.   All teachers will be given adequate opportunity to make application for such positions, and the Committee agrees to give consideration to the professional background, length of service, and other attainments of all applicants.

C.   Except in unusual circumstances, appointments shall not be made until ten working days after the posting. During summer vacation periods, calendar days will be used.

D.   A vacancy shall be defined as any open position in the bargaining unit caused by death, promotion, resignation, retirement, dismissal, non-renewal, transfer or creation of a new position. Any temporary vacancy (i.e. caused by leave of absence, job share, etc.), which will last at least one school year, will be filled by a member of the bargaining unit, not a substitute. Any person substituting in the same bargaining unit position for at least ninety (90) consecutive workdays shall be paid on the salary schedule of the unit based on their experience, degree, and credits for as long as s/he continues to serve in that specific position provided s/he is licensed/certified for such position.

 E.     Effective for filling positions for the 2010-2011 school year, and thereafter, any position in Appendix B or C, except for Head Coaching positions, that the Employer intends to fill, which is/was held by a person who does not otherwise hold a Unit A position shall be posted as provided in this article, each year. The Employer may rehire the incumbent employee.

ARTICLE VII

TRANSFER

Although the Committee and Association recognize that some transfer of teachers from one school to another is unavoidable they also recognize that frequent transfer of teachers is disruptive of the educational process and interferes with optimum teacher performance. Therefore, they agree as follows:

I.    Voluntary Transfers

A.   When a reduction in the number of teachers in a school is necessary, volunteers will be transferred first.

B.   When a transfer within a school is necessary, before an involuntary transfer occurs, volunteers will be solicited and considered.

C.   Teachers desiring a transfer will submit a written request to the Superintendent stating the assignment preferred. Such requests must be submitted between September 1 and February 1 of each school year to be considered for the next school year. Requests must be renewed each year. All requests will be acknowledged in writing within thirty (30) days.

D.   Teachers who have such a request on file may be transferred in accordance with their request and the position to which they are being transferred need not be posted as a vacancy.

E.   All teachers who have a request for transfer on file will be given an opportunity, if they so desire, to interview for any available positions for which they are certified. Where there is an internal candidate for an open position, teachers will not be asked to participate in the interview process. Participation will be requested when the only applicants for the position are non-bargaining unit members.

F.   A list of open positions in other schools will be made available to all teachers being transferred. The Superintendent, in making voluntary transfers, will not base his/her decision on other than educational considerations.

II.  Involuntary Transfers

A.   When a reduction in the number of teachers in a school is necessary, volunteers will be transferred first. After this has been done, involuntary transfers may be made.

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 Falmouth School System will be considered in determining which teacher is to be transferred.

C.   Any involuntary transfer will be made only after a meeting between the teacher involved and the Superintendent (or his designee) at which time the teacher will be notified of the reason for the transfer.

D.   A list of open positions in other schools will be made available to all teachers being transferred. The Superintendent, in making involuntary transfers, will not base his/her decision on other than educational considerations.

E.   Notice of transfer will be given to teachers as soon as practicable and under normal circumstances not later than May 15.

ARTICLE VIII

REDUCTION IN FORCE FOR TEACHERS WITH PROFESSIONAL STATUS

A. In the event it becomes necessary to reduce the number of teachers within the school system to the extent provided by statutes, then no teacher with professional teacher status shall be laid off if there is a teacher without professional teacher status serving in a position that a teacher with professional teacher status is licensed to fill.

B.   In determining the order in which professional status teachers shall be laid off within a discipline, seniority as defined below shall prevail unless the Employer demonstrates that there is a significant difference in the teachers’ performance as evidenced by evaluations during the period up to five (5) years immediately prior to the school year of the layoff unless evaluations were not available during any of those years. A teacher reached for layoff shall be allowed to bump the least senior employee whose position the teacher is licensed to fill, subject to the evaluation criteria provided herein and provided the teacher seeking to bump has at least one full year teaching experience in Falmouth in that discipline within the previous ten years.

C.   In reviewing the Employer’s decision that a significant difference in evaluations exists, an Arbitrator shall utilize a reasonableness standard and shall review the evaluation and relevant documents described in Appendix D. The Parties agree that the meaning and application of this Section C is without prejudice to any proposals advanced by either Party in the negotiations of this Section C.

D.   For purposes of this Article, examples of discipline categories are: (a) Elementary Teachers (pre K-2, 1-6); (b) English (reading); (c) Science; (d) Math; (e) Social Studies; (f) Languages; (g) Business; (h) Art; (i) Music; (j) Industrial Arts/Graphics/Technological Education; (k) Home Economics/Consumer and Life Skills; (l) Physical Education; (m) Guidance; (n) Special Education (K-8, 5-12) and by special license); and (o) Library/Media. With respect to disciplines in which there are multiple licenses, reductions will be made by those licensing areas; e.g., science.

E.   Seniority shall be defined as the length of continuous service, in days, months and years, in a position in this bargaining unit. Seniority is determined by the first day of employment in a bargaining unit position. Any ties shall be resolved by a lottery, which shall be held jointly by agents of Committee and the Association within thirty (30) days next following such date of hire or the execution of this Agreement. An unpaid leave of absence shall not interrupt continuous service, however the days spent on an unpaid leave of absence shall not be credited towards seniority.

F.   The Employer shall publish a seniority list of bargaining unit members, which shall be distributed to bargaining unit members within sixty (60) calendar days next following the execution of this Agreement. Thereafter, the Employer shall publish the seniority list to bargaining unit members annually by October 31. Any errors shall be brought to the attention of the Superintendent, in writing, by November 30. As of that date no further revision will be made to the seniority list until the following year. The seniority list shall be by order of initial date of employment in a position in the bargaining unit. However, the format may be by discipline provided that, where applicable, each employee’s alternate areas of licensure are also included.

G.   A teacher who is to be laid off shall be notified as soon as possible after the decision has been made.

H. Teachers who are on layoff because of a reduction in staff shall, for the first twenty-six (26) months after the effective date of layoff, retain recall rights, meaning preference, to fill vacancies and new positions, for which they are licensed, and they will be eligible for COBRA rights on health insurance. In addition to such recall rights within the discipline from which a teacher was laid off, in filling vacancies and new positions, teachers will be recalled on the basis of seniority subject to the license and experience set forth in Section B, above. During the recall period, teachers who have been laid off shall be given preference on the substitute list if they so desire.

I. While members of the bargaining unit continue on layoff, the Superintendent agrees not to hire any new teachers unless no teacher on layoff is licensed to fill a position and has had one full year teaching experience in Falmouth in that discipline within the previous ten years.

J. The status of teachers with respect to professional teacher status shall not be altered by layoff. Teachers with professional teacher status who are recalled shall be recalled with professional teacher status, and teachers without professional shall be credited with all prior service within the system for purposes of establishing three years of continuous service toward professional teacher status. All teachers, if recalled, will be credited with all benefits accrued up to the time of layoff.

K. A Unit A employee who moves to a Unit B position shall retain his/her Unit A seniority as of the last day of employment in a Unit A position. Unit A seniority rights for Unit B employees who have no teaching responsibility shall expire three years next following promotion to a Unit B position. Unit B employees, who have retained such seniority in Unit A, shall have “bump back” rights into Unit A only in the case of their Reduction in Force (layoff) in Unit B. Such “bump back” rights shall allow Unit B employee, with more Unit A seniority, to bump the least senior Unit A employee in a position for which the Unit B employee is licensed provided the Unit B member has at least one full year of experience in that discipline in Falmouth during the previous five years.   An eligible Unit B employee desiring to return to a Unit A position for any reason other than his/her reduction in force in Unit B must wait for a vacancy.

ARTICLE IX

ASSOCIATION AND TEACHER RIGHTS

A.   The Committee shall continue in its present practice of not directly or indirectly discouraging, depriving, or coercing teachers in the enjoyment of any rights conferred by the act or any other acts of the Commonwealth of Massachusetts or the Constitution of the Commonwealth of Massachusetts and the United States and of not discriminating against any teacher with respect to hours, salaries, terms, or conditions of employment, by reason of his membership in the Association, his participation in any activities of the Association or collective professional negotiations with the Committee, or his institution of any grievance, complaint, or proceeding under this agreement.

B.   The Association and its representatives shall have the right to use school building facilities in accordance with the Building Use Policies at all reasonable hours for meetings without charges provided that when special custodial service is required, that the Committee may make reasonable charges as provided in the Building Use Policies. The principal may designate a suitable and adequate place if there would be a conflict with other scheduled activities.

C.   Duly authorized representatives of the Association and their respective affiliates shall be permitted to transact official Association business on school property during school hours only when the matter is of a pressing nature and cannot be conducted during non-school hours and provided that this shall not interfere with or interrupt normal school operations.

D.   The present practice with respect to use for Association purposes of printing shop and other school equipment shall remain in effect for the duration of this agreement.

E.   There will be one (1) bulletin board in each school building, which will be placed in the faculty lounge for the purpose of displaying official Association notices. Copies of such notices will be given to the building principal, but his advance approval will not be required. If a member of the administration objects to a particular bulletin, the matter will be taken up with the Association. The Association shall have the use of system mail services, which may exist, and professional staff mail boxes for communications to the professional staff.

F.   The Committee agrees to furnish upon reasonable request available information, as required by law, concerning members of the bargaining unit, which shall be utilized to assist the Association in developing intelligent, accurate, informed, and constructive collective bargaining proposals, or in the processing of grievances under this contract.

G.   The School Committee shall continue its present practice of not discriminating against any employee or applicant for employment by reason of race, creed, color, marital status, age, sex, sexual orientation, handicap, or national origin as provided by law. An employee who alleges discrimination shall have the choice of proceeding either under the grievance and arbitration provisions of this agreement or in the appropriate state or federal agency or court. An employee may not proceed in both forums.

H.    Any  preventative  medical  treatment  financed  by  the  Committee  for  the  students  shall  be  provided  for  the teachers.

I.       The Association shall be granted up to twenty (20) days released time per year for use by teachers delegated by the Association participating in official seminars, conferences, and other such programs. If a substitute is required for more than ten (10) of such days, then the Association shall reimburse the Committee for the cost of the substitute for all days beyond ten (10).

ARTICLE X

PROFESSIONAL RESPONSIBILITIES

A.   Work Year

1.   Subject to the provisions of Paragraph 2 below and including orientation day, the work year of teachers, (other than new personnel who may be required to attend additional orientation sessions) shall begin no earlier than the Monday immediately preceding Labor Day. The school year for students shall begin no earlier than the Wednesday immediately preceding Labor Day. The Friday immediately preceding Labor Day shall not be a workday for teachers. The work year for teachers shall terminate no later than June 30, but will in no event (unless necessary to complete the minimum number of school days required by the state) be longer than four (4) days more than the number of days when pupils are required to be in attendance. Before the establishment of any School Calendar, the Superintendent shall provide the proposed School Calendar to the Association at least fourteen days before being presented to the Committee for approval. The Association shall be provided an opportunity for input, including, if it so requests, a meeting with the Superintendent to discuss such input prior to adoption. The Committee agrees to give serious consideration to Association input.

The additional days shall be utilized for in-service or other comparable activities.

2.   Personnel on a so-called ten (10) month basis, who are included in the bargaining unit, may be required to begin their work year up to five (5) work days before the first day when pupils are in attendance, and terminate their work year up to five (5) days after the last day when pupils are in attendance, stipulated in the job description. The Association will receive a copy of the job description.

B.   Work Week

A full-time professional employee’s workweek shall not exceed 37-1/2 hours, exclusive of outside preparation and study and involvement in school and community life, which is part of the life of the professional educator.

C.   Work Day-General

1.   The Committee and the Association recognize the uniqueness of individual schools. All teachers (classroom, support and specialists) at each particular level (K-4, 5-6, 7-8, 9-12) will spend reasonably equitable amounts of time each day instructing or supervising students. All non-teaching duties will be distributed equitably among all teachers.

2.   The following conditions and procedures will be applied in all schools:

a.    For special needs and/or support teachers time shall be made for common planning and testing of special education pupils during the regular school day; except in unusual circumstances, teacher preparation time/periods should not be used for this purpose.

b.   For regular classroom teachers time shall be made for common planning with special needs and/or support teachers during the regular school day; except in unusual circumstances, individual preparation periods should not be used for this purpose.

3.   Full-time professional personnel may be required to remain after the student dismissal time without compensation for 1 1/2 hours for the following purposes:

a.    Three (3) Tuesdays every month including any in-service days for meetings with colleagues.

b.   Two (2)   Superintendent days each school year.

c.    One (1) day a week for student make-up, special help, parent conferences.

d.   Except in the case of emergencies, two (2) Wednesdays of each month shall be reserved for the Association.

4.   Full-time professional personnel may be required to attend three (3) evening meetings each year. Teachers may be required to participate in one meeting each year (i.e. open house, meet the teacher night) and may be required to attend two other evening meetings or events each year.

5.   On   days   when   students   are   scheduled   to   remain   after   school,   transportation   will   be   provided   by   the School Department to areas of Town in which the students live. On days when there are no regularly scheduled buses, the principal’s permission will be required.

6.   Full-time professional personnel will have a 30 minute duty-free lunch period daily. This lunch period will be during the time scheduled for student lunch and when the cafeteria is open for the serving of lunch.

7.   If the School Committee and/or the Superintendent deem that educational circumstances indicate that changes are warranted, it will notify the Association of the contemplated change and will, upon request of the Association, negotiate with respect to the change and with respect to compensation adjustments, if any, which the change might warrant.

a.    In no event will the change become effective until the September following the commencement of such negotiations, unless otherwise agreed to by the parties.

b.   Any grievance alleging a violation of this Article shall be, within the time limits set forth at Level I, commenced at Level II of the grievance procedure.

8.   Part-Time Teachers

Grades 7-8

An 80% teacher will have thirty (30) supervisory periods of which not more than twenty-four (24) will normally be instructional.

A 63% teacher (was 60%) will have twenty (20) supervisory periods of which not more than fifteen (15) will normally be instructional.

Grades 9-12

An 80% teacher will have twenty-five (25) supervisory periods of which not more than twenty (20) will normally be instructional.

A 63% teacher (was 60%) will have twenty (20) supervisory periods of which not more than fifteen (15) will normally be instructional.

All Levels

A 50% teacher will have one half of the total supervisory periods of a full-time teacher.      (Periods will be either instructional or duty.)

Every effort will be made to schedule a part-time teacher’s supervisory periods consecutively.

Part-time teachers shall attend Tuesday afternoon meetings, in-service meetings and evening meetings.

9.   Teachers who volunteer to do so may forego their preparation periods and shall be paid $25 per period at grades 9-12 and $20 per period at grades 1-8. The voluntary commitment shall be for the remainder of the school year absent unforeseen circumstances. First year teachers will not be eligible to participate in this program.

10.   Flexible Day

Full time teachers may, on a voluntary basis, be assigned daily schedules that start earlier and end earlier or start later and end later than normal teacher hours. Such a schedule, from beginning to end, will not be longer than the normal teacher workday, nor will it offset from the normal workday by more than 90 minutes.

11.   Job sharing – see Appendix E

12.   If the Committee changes the beginning and/or ending of the student day, such change will not increase the length of the teacher workday. The teacher workday will not begin prior to 7:00 A.M. or after 9:00 A.M., subject to the flexible day provisions in Section 10, above. Should the School Committee contemplate the adoption of an afternoon alternative program, it will so notify the Association as provided in Chapter 150E, MGL.

Work Day - Elementary

1.   The workday of full-time professional personnel will be (6) hours and fifty-five (55) minutes, which include thirty (30) minutes, divided between before and after the student dismissal time. The division of the thirty (30) minutes before and after the student dismissal time will be equitable and on an individual teacher basis and will be determined by the principal in each school. In no event will a teacher be required on Friday to remain more than fifteen (15) minutes beyond dismissal time.

2.   There will be a minimum twenty (20) minute recess period for grades K-4 and a minimum fifteen (15) minute recess for grades 5-6 in the elementary schools.

3.   Elementary teachers shall have five (5) periods per week, of at least forty (40) minutes each, free from duty, for individual teacher preparation. The five (5) preparation periods shall, whenever feasible, be allocated to five (5) separate days in the week.

These individual preparation periods will be provided without requiring planning or correction by the elementary teacher. Whenever possible students in the class will be with such specialists as library, art, music, physical education, integrated arts, technology or other certified staff listed in the recognition clause of this agreement.

4.   Specialists will not teach more than two hundred eighty (280) minutes per day, normally as seven (7) forty (40) minute periods.

Elementary school specialists who change location within the school more than three (3) times per day will teach no more than six (6) forty (40) minute periods.

Work Day – Secondary

1.   The work day of full-time professional personnel will be six (6) hours and fifty-five (55) minutes, which at Lawrence School includes thirty (30) minutes and at Falmouth High School fifteen (15) minutes divided between before and after the student dismissal time. The division of the time before and after the student dismissal time will be equitable and on an individual teacher basis and will be determined by the principal in each school. In no event will a teacher be required on Friday to remain more than fifteen (15) minutes beyond dismissal time.

2.   Secondary teachers will not be assigned more than six (6) pupil supervisory periods a day, up to five (5) of which shall be teaching assignments. Teachers in secondary grades (7-12) shall have one (1) standard period a day free from duty, for lunch and/or preparation.

High School teachers who teach six (6) periods shall do so on a voluntary basis.

Falmouth High School science teachers will be exempt from a period of duty for each double lab period on his/her schedule. Therefore, a teacher who has one (1) double lab per cycle would be assigned four (4) duty periods per cycle, a teacher who has two (2) double labs per cycle would be assigned two (2) duty periods per cycle, and a teacher who has three (3) double labs per cycle would have no duties.

3.   Secondary teachers will not be required to teach subjects in more than two (2) departments or areas nor more than a total of four (4) course preparations (courses as described in the Program of Studies).

A  Joint  Committee  comprised  or  equal  representation  from  the   FEA  and  the  Committee  shall   investigate alternative scheduling models for in-service and professional development.

There will be a Joint Committee to review teacher load, class size and equity in similar positions and class sections that are exceeding recommended class size.

Both Joint Committees will make recommendations to the Administration by January 15, 2014.

ARTICLE XI

TEACHING CONDITIONS (CLASS SIZE)

A.   The Committee will strive to achieve the following desirable maximum number of pupils per teacher:

Kindergarten                      16-18

Grade 1                              18-20

Grade 2-3                           19-22

Grade 4-12                         21-24 (Average at grades 7-12)

Physical Education                  35

Academic Support              24-28

B.   In the event that any classes exceed the figures listed above by three (3) or more at the maximum, the Superintendent, upon request, shall discuss the reasons therefore with representatives of the Association. Any suggestions made by the representatives to alleviate the situation will be given serious consideration.

ARTICLE XII

TEACHING ENVIRONMENT

A.   Where suitable space is presently available, there shall be in each school a lunchroom, rest room and teachers’ work room for adult use exclusively. The lunchroom and teachers’ workroom may be the same room.

B.   The teachers may have vending machines for beverages installed in each teachers’ workroom provided that no alteration to the building is necessary. All financial and operating arrangements shall be the responsibility of the teachers in the respective buildings.

C.   If required, an adequate portion of the parking lot at each school will be reserved for teacher parking.

D.   Present telephone facilities in each school shall be available to teachers for necessary use. A telephone in each building will be designated for teacher use. Teachers shall not use personal cell phones during instructional or supervisory time, except in case of emergency or for school business.

E.   A Health and Safety Committee composed of Association and Administration representatives shall meet at least four (4) times a year to review health and safety concerns within the school system. The Committee shall determine the scope of its responsibilities. The Association may appoint one (1) representative to the Committee from each school. Recommendations from the Committee shall be presented to the Superintendent for consideration. Association appointed members of the Committee should receive a stipend as set forth in Appendix C.

ARTICLE XIII

TEACHER PROTECTION

A.   No teacher with professional status will be dismissed, suspended, disciplined, reprimanded, reduced in rank or compensation, or deprived of any professional advantage without just cause provided that any dispute concerning dismissal or suspension shall be adjudicated in accordance with Chapter 71 of the Massachusetts General Laws.

Appointments to coaching positions and/or extracurricular activities advisors are on a one (1) year basis. Coaches will be notified in writing within thirty (30) calendar days after the close of their regular season whether they will be rehired for that position for the next season.

B.   Teachers will immediately report to the Superintendent in writing all cases of abusive conduct and/or torts suffered by them in connection with their employment.

C.   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 person involved, and will act in appropriate ways as liaison between the teacher, the police, and the courts. In addition, any student involved in such an assault will be promptly and properly disciplined after responsibility has been established.

D.   If   criminal   or   civil   proceedings   are   brought   against   a   teacher   alleging   that   he   committed   an   assault   in connection with his employment, the Committee may furnish legal counsel to defend him in such proceedings if he requests such assistance.   If the Committee does not provide such counsel and the teacher is exonerated, then the Committee will reimburse the teacher for reasonable counsel fees incurred by him.

 E.     If a teacher is exonerated from any responsibility, with respect to acts referred to in B above, he shall not suffer the loss of any professional advantage because of time lost due to such acts.

ARTICLE XIV

TEACHER EVALUATION

All   monitoring   or   observation   of   the   work  performance   of   a   teacher   will   be  conducted  openly   and   with  full knowledge of the teacher. See Appendix D:   Definition of Evaluation Procedures. Teachers will be provided with a copy of any evaluation done on them, and will sign such evaluations before they are   inserted   into   the   file.   Such   signature   does   not   necessarily   indicate   agreement   with   the   contents   of   the evaluation.

ARTICLE XV

TEACHER EMPLOYMENT

A.   Full credit will be given for previous comparable teaching experience upon initial employment. One (1) year of credit for one (1) year of active military service, two (2) years of credit for three (3) years of active military service, three (3) years of credit for five (5) years of active military service, and credit of one (1) year for each year of Peace Corps work, not to exceed two (2) years, will be given to teachers upon initial employment.

B.   One-half of previously accumulated unused sick leave days will be restored to returning teachers.

ARTICLE XVI

SPECIAL SERVICES

A.   Student Discipline

After exhausting all avenues reasonably expected of a teacher in maintaining discipline, a teacher may refer to an administrator a student who is causing disruption and/or violating Committee policies. If a teacher recommends removal from his class, he shall receive a written reply from the administrator setting forth the disposition of the case. If the teacher is not satisfied with the disposition of the matter, he/she may upon written request consult with the Superintendent or his central office administrative designee.

B.   Student Referrals

If a teacher refers a student for special help or testing, the teacher shall be informed in writing of the actions taken with respect to the student.

ARTICLE XVII

PERSONNEL FILES

A.   Each teacher shall have the right, upon request, to review the contents of his own personnel files maintained at the teacher’s school or at the Administration Building. A representative of the Association may, at the teacher’s request, accompany the teacher in this review. The review shall be made in the presence of the Administrator responsible for the safekeeping of these files.

B.   Any complaint by a parent of a student, or any person, directed toward a teacher deemed serious enough to be included in the teacher’s personnel file shall be promptly called to the teacher’s attention. The identity of the Complainant shall be made known and the teacher afforded the opportunity to refute such complaint prior to its inclusion in the file.

C.   No material derogatory to a teacher’s conduct, service, character, or personality shall be placed in either a teacher’s building personnel file or in his personnel file in the Administration Building, unless the teacher has had an opportunity to read the material. The teacher shall acknowledge that he has read such material by affixing his signature on the actual copy to be filed with the understanding that such signature merely signifies   that   he   had   read   the   material   to   be   filed,   and   does   not   necessarily   indicate   agreement   with   its contents.

The teacher shall have the right to answer any material contained in his files, and his answer shall be attached to the file copy. In the event that charges made against a teacher are proven to be without substance, any and all reference concerning the  charges  shall  be  deleted from the teacher’s personnel file, or the teacher  may elect to have the documentary evidence remain in the file.

D.    All persons using the file must sign their name and the date they inspected the contents of the file.

ARTICLE XVIII

LEAVES OF ABSENCE

Leave with Pay

A. Full-time professional employees shall be entitled to fifteen (15) days of sickness or accident leave exclusive of Saturdays and Sundays or holidays without loss of pay. If such sick leave allowance is not used in any particular year, it shall continue to accumulate through terms of employment. The date from which the leave shall be computed shall be the starting date of employment.

Up to five (5) days of sick leave may be used in case of illness in the teacher’s immediate family, which precludes the teacher from reporting to work on that day.

B.   In addition to the above fifteen (15) days sick leave, up to three (3) days leave without loss of pay may be utilized for the following reasons:

1.   Personal business that cannot be transacted during non-school hours. Personal leave shall not be used for recreational purposes or in the pursuit of an outside occupation.

2.   Other personal reasons approved by the Principal.

3.   Bereavement - in the event of a death not covered in Section E below.

C.   Any unused personal days will be converted into accumulated sick days.

D.   A teacher may, with the approval of the Superintendent, be entitled to a leave of absence to attend professional meetings, conferences, or visitations, in the interest of the schools, or for other justifiable reasons.

E.   In addition to sick leave, a teacher may be granted a leave of absence with pay of up to four (4) days in the event of the death of spouse, child, parent, grandchild, grandparent, mother-in-law, father-in-law, daughter-in-law, son-in-law, and sibling of the teacher or the teacher’s spouse, or of other persons residing in the teacher’s immediate household or others at the discretion of the Superintendent. In addition, at the discretion of the Superintendent, additional days of leave may be granted for traveling.

F.   In addition to sick leave, a teacher shall be granted a leave of absence with pay of up to three (3) days for religious holidays, where the tenets of the religion require absence from work.

G.   When a teacher is summoned to serve Jury Duty, the School Committee will pay the difference between the pay received for jury duty and the teacher’s current salary commensurate with State and Federal statutes.

H.    Leaves under this Section shall not be unreasonably withheld.

ARTICLE XIX

LEAVE WITHOUT PAY

A.   The Committee agrees that one (1) teacher designated by the Association may, upon individual request to the Committee, be granted a leave of absence without pay for the purpose of engaging in official Association (local, state, or national) activities. The exercise of this discretion by the Committee will not be unreasonable. Upon return from such leave, a teacher will be considered as if he were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent. A teacher may be granted only one leave during his lifetime.

B.   A leave of absence without pay of up to two (2) years will be granted to any teacher who joins the Peace Corps or serves as an exchange teacher and is a full-time participant in either of such programs. Upon return from such leave, a teacher will be considered as if he were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he would have achieved if he had not been absent.

C.   Military leave will be granted to any teacher who is inducted or enlists in any branch of the Armed Forces of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level, which he would have achieved had he remained actively employed in the system during the period of his absence up to a maximum of two (2) years.

D.   A leave of absence without pay or increment of up to one (1) year may be granted at the discretion of the Superintendent for the purpose of caring for a sick member of the teacher’s immediate family. The exercise of such discretion will not be unreasonable. Additional leave may be granted at the sole discretion of the Superintendent.

E.   The Superintendent may grant a leave of absence without pay or increment to any teacher to campaign for, or serve in a public office. The exercise of this discretion will not be unreasonable. An employee may be granted only one such leave during his lifetime.

F.   A leave of absence without pay of up to two (2) years will be granted for the purposes of caring for a child after childbirth, adoption of a child or child rearing. Such leave shall be called “Child Rearing Leave.” A teacher who is on Child Rearing Leave shall not be entitled to accrued paid sick leave or other benefits during the period of such leave. Upon return from such leave of absence, the teacher shall return to the step of the salary schedule the teacher would have attained prior to the effective date of the Child Rearing Leave, unless the teacher was in an active employee status of at least ninety-two (92) workdays during the work year in which such leave commenced, in which case such teacher shall advance to the next step. Upon return from such leave, such teacher shall be restored to the position held before the leave began, if it is open. If it is not open, the equivalent, open position. A teacher may not return from Child Rearing Leave during the school year, except by agreement of the Superintendent. For leave of absence for any disability related to pregnancy, childbirth or the recuperation there from, the employee is entitled to Sick Leave under the terms of that provision to the extent such employee has sick leave available to her. Leaves for such disabilities, which exceed eight (8) weeks, shall require medical certification.

If any of the above is in conflict with applicable Federal and State statutes, said statutes will prevail.

G.   Leaves for reasons other than those listed above may be granted by the Superintendent.

H.    A teacher returning from any of the leaves without pay listed above shall be granted his/her former position or a comparable position should the former position be unavailable without the necessity of such position being posted.

If the position of a teacher on leave under this article is filled, it shall be filled only for the length of such leave.

 I.       Teachers on  leave  shall  notify  the  Superintendent in  writing of  their intent to  return  by February 1  of  the calendar year of return.

ARTICLE XX

PROFESSIONAL COMPENSATION

A.   The basic salaries of the staff covered by this Agreement are set forth in Appendix A which is attached to and incorporated in this Agreement.

B.   Teachers involved in extra-duty assignments and other activities which are recognized as calling for additional compensation are set forth in the Appendix of this Agreement. All compensation shall be in accordance with the provisions of this Agreement.

C.   Teachers shall receive their pay in 26 equal installments with an option of receiving a lump sum payment to cover the summer installments.

ARTICLE XXI

LONGEVITY/LONGEVITY BUY-OUT

A.    Members of the bargaining unit shall receive annual longevity payments as follows:

 

2013-2014

2014-2015

2015/2016

11 Years of Service in Falmouth

$425

$475

$525

15 Years of Service in Falmouth

$725

$775

$825

20 Years of Service in Falmouth

$825

$875

$925

25 Years of Service in Falmouth

$950

$1,000

$1,050

A teacher hired prior to February 1 shall be given credit for the full year.

B.     Employees  or their estate with at  least fifteen  (15) completed  years of service in  Falmouth and   who  have provided a written notice of intent to retire, shall receive ten thousand dollars ($10,000.00) minus the total of longevity compensation during the last three (3) years of employment. 2014-2015 increase by $500. Written notice shall be submitted to the Superintendent as follows:

a.    For retirement effective at the end of a school year or during the days following the end of a school year in June or in July or August (i.e. the days between the end of one school year and the beginning of another), written notice shall be submitted to the Superintendent on or before December 1 of the school year at the end of which the employee will retire. Payment shall be made on or before the July 31, immediately following the date of retirement.

b.   For a retirement with an effective date during a school year, written notice shall be submitted to the Superintendent on or before December 15 immediately preceding the school year in which the effective date of retirement shall occur. Payment of the buyback option shall be made on or before the July 31 of the fiscal year following the effective date of retirement.

c.    In the event an abnormally high number of members elect this buyout in a specific year, members electing this buyout will be accepted in the order of seniority, with the most senior being paid during that fiscal year and the remainder being paid by the July 31 of the next fiscal year, as described in Sections a and b above.

ARTICLE XXII

INSURANCE AND ANNUITY

Unit A personnel shall have the right to participate in all life insurance, accidental death and dismemberment insurance, hospital, medical and surgical insurance benefits provided by any insurance plan adopted and maintained by the Town of Falmouth pursuant to applicable statutes. The cost of such benefits shall be paid as provided in such plan. The School Committee will support efforts to increase the Town’s contribution for health insurance.

Unit A personnel are eligible to participate in a “tax-sheltered” annuity plan established pursuant to Public Law 87-37D of the United States consistent with Massachusetts General Law, Chapter 31, Section 37B. Participation in a TSA may commence at any time during the year, providing one month notice is given.

ARTICLE XXIII

DUES DEDUCTION

The Committee hereby accepts the provision of Section 17C of Chapter 180 of the General Laws of Massachusetts and, in accordance therewith, shall certify to the Treasurer of the Town of Falmouth all payroll deductions from the salaries of Unit A personnel for payment of dues that they may individually and voluntarily authorize to be deducted, including V.O.T.E. Unit A authorizations for these purposes shall be in writing on suitable forms provided by the Association.

The deduction of membership dues shall be made once per month in equal installments beginning with the second paycheck in September and ending in June, and the Committee agrees to remit promptly to the Treasurer of the Association all monies so deducted, accompanied by a list of the teachers’ names for whom such deductions have been made and the amount of the deductions.

The Association shall, by the first week of each school  year, give written notification to the Human Resource Office   of   the   amount   of   dues,   which   are   to   be   deducted   in   that   school   year   under   such   authorizations.   The amounts of the deductions for these dues or representation fees shall not be subject to change during the entire school   year.      For   the   purpose   of   this   article,   the   term   “School   Year”   shall   mean   the   twelve-month   period beginning with September 1.

The Association shall indemnify and save the Committee and/or the Town harmless against all claims, demands, suits,   or   other   forms   of   liability,   which   may   arise   by   reason   of   any   action   taken   in   making   deductions   and remitting the same to the Association pursuant to this Article.

ARTICLE XXIV

GUIDELINES FOR PROFESSIONAL IMPROVEMENT

As teachers in the Falmouth School system begin to accumulate credits beyond their Bachelor’s Degree, the following guidelines must be followed. Teachers will be responsible for selection of courses in the proper fields and subject area in compliance with the Guidelines.

A.   All courses taken for advancement on the salary schedule must either be courses offered by the school system, projects approved by the Superintendent or his designee, or courses offered for graduate credit by an accredited college or university.

B.   Effective 9/1/2010 all graduate courses successfully completed after the attainment of the Bachelors degree shall qualify for salary column advancement. In advancing on the salary schedule no single course may be used more than once.

C.   No credit will be given for a course which is substantially the same as one previously taken.

D.   Any course to be applied for credit must be submitted to the office of the Superintendent before June 30 to receive placement for the following school year. Teachers who notify the Superintendent of coursework with an expected completion date prior to the beginning of the school year will receive the appropriate placement for salary purposes. If proof of such coursework is not received by the beginning of the school year, the appropriate adjustment will be made in the teacher’s salary and the teacher will not be eligible to receive salary credit until the following school year.

E.   TUITION REIMBURSEMENT PLAN FOR TEACHERS AND NURSES

1.   The amount to be used for tuition reimbursement is $45,000.

2.   The program is available to teachers and nurses only.

3.   Criteria for courses:

a.    Course must be for educational certifications, either additional areas or recertification.

b.   Only courses that are passed with a B or better or a “Pass” in a pass-fail system are eligible for tuition reimbursement.

c.    Course must be offered by an accredited college or university.

d.   Course must have been taken for graduate credit.

4.   The reimbursement shall be for the costs of the course including tuition and fees up to $850.00 per course. Verification must be in the form of receipted bills from the college or university or the collecting agency for the college. Additional courses shall be reimbursed if additional funds are available, divided as per the practice.

5.   Courses from summer, fall, or spring sessions will be allowed.

6.   Verifications and applications must be received in the Human Resources Office by June 1 of the school year. The total amount budgeted to this plan will be divided equally among the number of people submitting   applications.   The   Employer   will   notify   the   Association,   in   writing,   of   the   distribution   to employees.

 7.      Verification for courses can be either transcripts or grade reports indicating that the course was taken for “graduate credit” and only courses that are passed with a B or better or a “Pass” in a pass-fail system in an ungraded course.

F. Beginning with the 1997-98 school year, a fund of $10,000 will be established to provide teachers with mini-grants for summer work. Proposals for such work must be submitted to the superintendent or designee by May 1 of each year. Proposals must be tied to current or proposed curriculum areas and must be endorsed by building principals. The superintendent or designee shall decide the amount of such grants based on the nature of the proposals submitted.

ARTICLE XXV

SICK LEAVE BANK

The Sick Leave Bank currently in existence for use by the eligible members of the professional staff covered by this Agreement who have exhausted their own sick leave and who have serious illness shall be continued.

At the beginning of each school year, should the total number of days remaining in the bank be less than the total number   of   professional   employees   covered   by   this   Agreement,   each   professional   employee   covered   by   this Agreement shall contribute one (1) of their annual fifteen (15) days of sick leave in order to fund the bank.    The bank   shall   be   maintained   at   a  minimum  of   (1)   one   day   per   professional   staff   member   after   the   first   year   of maintenance.   A maximum shall be two (2) per professional staff member.

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.

The Sick Leave Bank  shall  be administered  by a  Sick Leave  Bank  Committee  consisting of  six (6) members.

Three (3) members shall be designated by the Committee to serve at its discretion and three (3) members shall be  designated by the Association.   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 in determining eligibility and amount of leave:

1. Adequate medical evidence of serious illness.

2. Prior utilization of all eligible sick leave.

3. Length of service in the Falmouth School System.

4. Propriety of use of previous sick leave.

If the sick leave bank is exhausted, it shall be renewed by the contribution of one (1) additional day of sick leave by each member of the professional staff covered by this Agreement. Such additional days will be deducted from the teacher’s annual fifteen (15) days of sick leave. The sick leave bank committee shall determine the time when it becomes necessary to replenish the bank.

The decision of the Sick Leave Bank Committee, with respect to eligibility and entitlement, shall be final and binding and not subject to appeal.

ARTICLE XXVI

SUBSTANCE ABUSE

Alcoholism and drug abuse are recognized by the parties to be treatable illnesses. Without detracting from the existing rights and obligations of the parties recognized in the other provisions of this contract, the Committee and the Association agree to cooperate in encouraging employees afflicted with alcoholism or drug abuse to undergo a program designed to rehabilitate the employee.

If the employee refuses to avail him/herself of assistance, and alcoholism or drug abuse impairs work performance, attendance, conduct, or reliability, the normal contractual disciplinary procedures for dealing with problem employees will be used.

ARTICLE XXVII

EMPLOYEE ASSISTANCE PROGRAM

The Town of Falmouth Employee Assistance Program will be available to teachers to address the need for the following:

1.   A process for rehabilitation of members who have substance abuse problems.

2.   A process for dealing with HIV/AIDS if and when the necessity arises.

3.   Other types of counseling programs for members who are in need of such services.

ARTICLE XXVIII

ACADEMIC FREEDOM

The Committee and the Association recognize that teaching is a professional endeavor, and in order to promote the creative growth and quality of the Falmouth School System, it is desirable that the teacher exercise discretion in determining within established guidelines the substance, organization, and representation of a course of study.

ARTICLE XXIX

GRIEVANCE PROCEDURE

A.   A “grievance” is hereby defined as a dispute, claim or controversy by the Association, an employee or employees involving the meaning, interpretation, or application of this contract. A “grievant” is defined as the Association, an employee or employees covered in the recognition clause of this agreement.

B.   Failure at any step of this procedure to communicate the decision of a grievance within the specified time limits to the aggrieved employee and to the President of the Association shall permit the aggrieved party or parties to proceed to the next step.

C.   Failure at any step of this procedure to appeal the grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step.

D.   PROCEDURE

 STEP ONE

A grievant shall, with or without a representative of the Association, discuss it with his immediate supervisor and the principal within fifteen (15) school days of the occurrence on which the grievance is based or within ten (10) school days of the date on which the teacher has knowledge or reasonably should have had knowledge of the occurrence. Any meeting with reference to the above shall be held during non-class hours. A grievance involving more than one principal shall begin at Step Two.

STEP TWO

In the event that the grievance shall not have been satisfactorily resolved at Step One or in the event that no decision has been reached within five (5) school days after presentation of the grievance to the immediate supervisor and principal, the grievant shall, within five (5) school days of the notification of the Step One decision, put the grievance in writing and send copies to the Superintendent of Schools and to the President of the Association. This written statement of the grievance shall be the basis for discussion of the grievance at this and at each subsequent step. Within ten (10) school days of the receipt of this written grievance, the Superintendent of Schools or his designee shall meet with the grievant and the said President or his designee in an effort to settle the grievance. A decision in writing shall be rendered within ten (10) school days of the Step Two meeting. Copies of the decision shall be sent to the grievant and the President of the Association.

STEP THREE

Within five (5) school days of receipt of the Step Two decision, the grievant may notify the President of the Association and the Executive Board in writing of the grievant’s desire to have the grievance presented to the School Committee; and, within five (5) school days following receipt of any such notice, the Executive Board of the Association shall meet with the said President and the grievant to decide whether or not the Association shall present the grievance to the School Committee.   If the Executive Board shall so vote, the grievance shall be presented in writing by the Association to the School Committee within fifteen (15) school days of receipt of the Step Two decision. A meeting shall be held to consider the grievance at the next regularly scheduled School Committee meeting, but in no event more than twenty (20) school days from the submission of the grievance at this Step. If either the Association or the School Committee so desires, this meeting shall be held in   closed   session.  A  decision  in   writing  shall  be  rendered  within   ten  (10)   school   days   of  the  Step  Three meeting. Copies of the decision shall be sent to the grievant and to the President of the Association.

STEP FOUR

Within ten (10) school days of the receipt of the Step Three decision, the Association may, by giving written notice   to   the   School   Committee   and   to   the   American   Arbitration   Association,   present   the   grievance   for arbitration unless  all parties  mutually agree  to use  some other arbitration tribunal  for  the resolution of the grievance.   The expenses of the arbitrator shall be shared equally by the School Committee and the Falmouth Educators’   Association,  and   the  award  made   shall   be   final   and   binding   upon  the   School   Committee,  the Association and the grievant.

MISCELLANEOUS

If a grievance involves employees who do not have a common principal or supervisor, the grievance may start at Step Two within the time limits set forth in Step One.

A grievance filed by the Association or class or group of teachers, or one which is of a general nature may be submitted in writing to the Superintendent directly and the process of such grievance shall be commenced at Step Two.

During the summer and vacation periods when school is not in session, business days will be used in place of school days for Steps One through Four.

ARTICLE XXX

TRAVEL AND EXPENSES

All employees shall receive reimbursement in accordance with current policies.

ARTICLE XXXI

PERSONAL INJURY BENEFIT

Whenever Unit A personnel are absent from school as a result of personal injury caused by an accident or an assault occurring in the course of his employment, he will be paid his full salary (less the amount of any workmen’s compensation award made for temporary disability due to said injury) until the Unit A personnel sick leave benefits are exhausted.

ARTICLE XXXII

AGENCY SERVICE FEE

Subject to the requirement of all applicable laws, every employee covered by this contract who is not a member in good standing of the Association as a condition of continued employment, shall pay to the Association either directly or by payroll deduction, an agency service fee as established by the Association but not to exceed regular Association dues, provided, however, that in no case shall such condition arise until after the thirtieth day of the beginning of the employee’s employment.

ARTICLE XXXIII

MISCELLANEOUS PROVISIONS

A.   Any and all individual contracts between the Committee and staff members shall be subject to and consistent with this Agreement. If any individual contract contains language inconsistent with the terms of this Agreement, this Agreement during its period in force shall be controlling.

B.   As to all matters covered by this Contract, the provisions hereof shall control in any case where a conflict may exist between such provisions and any policy, practice, procedure, custom or writing not incorporated in this Contract.

C.   If any provisions of this Contract, or any application of this Contract to any member of the professional staff covered hereby, shall be found contrary to law, such provision or application shall have effect only to the extent permitted by law, but all other provisions or applications of this Contract shall continue in full force and effect.

D.   Two hundred (200) copies of this Agreement, titled “Professional Agreement Between the Falmouth Public School System and the Falmouth Educators’ Association” shall be printed at the mutual expense of both parties, within thirty (30) days of the signing of this Agreement. The Association shall choose the printer. The School Committee shall receive fifty (50) copies. The Association shall distribute the contract to the members of the bargaining unit.

E.   Seashore Program – The 2009 Memorandum of Agreement shall be continued except the stipend shall be increased to $350.

F.  Employee’s   Children   -   The   request   by   a   non-resident   employee   whose   child   is   accepted   into   the Falmouth Schools or by a resident employee that the child of such employee be assigned to the school where the employee teaches shall be considered. The decision of the Superintendent on this matter shall be final and not subject to the grievance procedure.

ARTICLE XXXIV

INFORMATIONAL DISCUSSION

It is agreed that all direct dialogue between the Committee and the teachers is desirable. Upon request by teacher representatives, there will be up to four (4) meetings during the school year between the Committee and teacher representatives, at which time matters of mutual concern shall be discussed, provided, however, that these meetings shall not be used to discuss grievances arising under Article XXVI or to negotiate modifications or additions to this Agreement.

ARTICLE XXXV

SCHOOL COMMITTEE RIGHTS

The parties further recognize and agree that as to every matter not specifically mentioned or provided for in this Contract, and as to every matter, a final decision as to which is reserved to the Committee hereunder, or as to which the committee specifically retains discretion hereunder, the Committee continues to retain, whether exercised or not, the sole and unquestioned right to exercise in its discretion the duties, powers, responsibilities, and rights mentioned in Article I of this Contract.

ARTICLE XXXVI

NO STRIKE

The Association agrees that they will not cause, condone, or sanction or take part in any strike, walkout, slowdown, or work stoppage in the Town of Falmouth.

The Association and the members of the bargaining unit individually and collectively agree that if there is a violation of this clause, any or all persons violating this clause will be subject to disciplinary action, including but not limited to discharge, suspension or complete loss of seniority, and the only matter subject to arbitration is that of participation in any of the above prohibited acts.

ARTICLE XXXVII

WAIVER

The Association and the Committee agree that each has had a right to bargain for any provision that they wished in this contract and on matters that were or could have been discussed during negotiation, except where otherwise provided in the contract, each expressly waives the right to reopen the contract for any further demands or proposals and agrees that the present contract constitutes a complete agreement on all matters and that if other proposals have been made, they have been withdrawn in consideration of the Agreement.

APPENDIX D

JOB SHARING

The Falmouth School District is willing to consider the structuring of job-sharing of self-contained classrooms by two teachers if such job-sharing is determined under the following guidelines and procedures. Normally, job-sharing relationships will only be considered on a full-year basis. In general, the school district prefers the consistency and continuity provided by one teacher full time.

Determination of Need:   Starting and Ending a Shared Job; Duration

The determination of appropriate need of two teachers to share a group of students will be made by the principal in consultation with the superintendent of schools.    In general, that need must be based upon significant family demands such as the care of young children or a spouse or parents with medical difficulties.

Ordinarily, job-sharing relationships will  be established  before the start of the school  year, even if they are to begin  at  a  later  point.     In  most  cases,  with  leaves  starting  after  December,  the  remainder  of  the  year  will  be completed on a long-term substitute basis, either full-time or part-time.    No job sharing relationship can exist if the faculty member moving to part-time status is collecting sick leave pay for the balance of his/her time.

The principal will review the level of need annually.   If a successful job-sharing relationship has been established, the principal may allow the continuation even if the original need no longer exists.     However, if there are any issues with the effectiveness  of the job-sharing, the principal may declare that the position requires a full-time jobholder.

The teacher who initiates the job-sharing may declare at any time that he or she wishes that relationship to end at the close of that immediate school year.    Any determination to end a job-sharing before the end of a school year can be made only by the principal in consultation with superintendent.

In such a decision, the individual who held the position and initiated the job-sharing will have the rights to the full-time position.   If that determination cannot be made and if the two teachers have professional status in the Falmouth Public Schools, the teacher with the greater seniority will have the option for a full-time job and the teacher with the lesser seniority will be treated as a teacher on leave with rights determined in the contract for return from leave.

Job Sharing Leave

The District will grant one year of leave in the first year of the job-sharing experience in order to protect the right of teachers to return to full time status if the arrangement is not optimal. However, in any subsequent year of job-sharing, with the same partner or a different partner, an individual must decide to accept an unpaid leave of absence for the portion of time that is not being worked. Such job-sharing leave greater than one semester will count as one full year and, if less than one semester, the job-sharing leave will not count toward the one-year limitation. Furthermore, the one-year of job sharing leave, when taken as part of childrearing or maternity, will count as part of the maximum of two years allowed in relationship to each birth/adoption.

Determination of Job Sharing Partners

A close, cooperative, and collegial working relationship between the two people sharing a group of students is of critical importance. The final decision on the appropriateness of the partnership of two people for a job-sharing situation will rest with the principal.

Determining Time Structures for Job-sharing

The  principal  of  the  school  will  work  with the  sharing  teachers  to  establish  the  time  structure,  which  is  most appropriate for the needs of the students and teachers.    In no case can the allotted time for two people amount to more  than  a  100%  position.     Common  planning,  while  absolutely  necessary  to  such  a  relationship,  cannot  be added as paid time for the individuals, beyond the full-time equivalent of one position.

One basic division of time dictates that each of the two individuals will be in the classroom each day and will divide each day consistently through the week.    The district preference is to avoid a variation in the division of each day.   This time division allows a range of sharing from a fifty/fifty split to an eighty/twenty split of time.   In this   arrangement   each   teacher   takes   predominant   responsibility   for   an   established   set   of   subject   materials throughout the course of the year.

The second primary method of organizing time is by whole days with one teacher usually carrying three or four days   a   week   and   the   other   one   or   two   days   week.      Such   an   arrangement   allows   either   a   sixty/forty   or   an eighty/twenty division of time.    That division must be balanced across the year as approved by the principal to cover  weeks  shortened  by  vacation.     In  this  arrangement,  it  is  understood  that  one  teacher,  the  one   with  the majority  of  time,  must  take  predominant  responsibility  for  planning  the  overall  structure  of  the  curriculum  in order to achieve the expected outcomes for students.    The teacher with the minority of time will carry out daily planning and development of lessons and assignments, and each teacher will correct the assignments that he or she has developed.    Normally division of the week by whole days will keep each teacher’s days as contiguous as possible.

Both  teachers  in  a job-sharing arrangement  will  be expected to  attend faculty meetings  and staff  development days as part of their normal responsibilities.   The principal may exercise discretion in this requirement.

Relative to Meet  Your Teacher Nights and other evening responsibilities, both teachers will be expected to be present at the school.   The principal may use discretion in such assignments.

In   the   fulfillment   of   such   responsibilities   as   the   completion   of   report   cards,   parent   conferencing   or   Sped assessment reports; the two teachers will work with the principal to develop equitable responsibilities.

Teachers involved in job-sharing arrangements must understand that additional parent meetings and contact may be necessary to explain such arrangements.

Compensation

Each teacher will receive the appropriate compensation and benefits as established in the contract for that prorated portion of the full time job which he or she carries, with the exception that only one person may receive health benefits in the case of a fifty/fifty split of time.